note: project gutenberg also has an html version of this file which includes the original illustrations. see -h.htm or -h.zip: (http://www.gutenberg.net/dirs/ / / / / / -h/ -h.htm) or (http://www.gutenberg.net/dirs/ / / / / / -h.zip) two obvious typographical errors were corrected in transcribing this text. for a complete list, please see the transcriber's note at the end of the file. king's cutters and smugglers - by e. keble chatterton author of "sailing ships and their story," "the romance of the ship" "the story of the british navy," "fore and aft," etc. with illustrations and frontispiece in colours [illustration: revenue cruiser chasing smuggling lugger. before firing on a smuggler the cruiser was bound to hoist his revenue colours--both pennant and ensign--no matter whether day or night. (_from the original painting by charles dixon, r.i._)] london george allen & company, ltd. & rathbone place [all rights reserved] printed by ballantyne, hanson & co. at the ballantyne press, edinburgh preface i have in the following pages endeavoured to resist the temptation to weave a web of pleasant but unreliable fiction round actual occurrences. that which is here set forth has been derived from facts, and in almost every case from manuscript records. it aims at telling the story of an eventful and exciting period according to historical and not imaginative occurrence. there are extant many novels and short stories which have for their heroes the old-time smugglers. but the present volume represents an effort to look at these exploits as they were and not as a novelist likes to think they might have occurred. perhaps there is hardly an englishman who was not thrilled in his boyhood days by marryat and others when they wrote of the king's cutters and their foes. it is hoped that the following pages will not merely revive pleasant recollections but arouse a new interest in the adventures of a species of sailing craft that is now, like the brig and the fine old clipper-ship, past and done with. the reader will note that in the appendices a considerable amount of interesting data has been collected. this has been rendered possible only with great difficulty, but it is believed that in future years the dimensions and details of a revenue cutter's construction, the sizes of her spars, her tonnage, guns, &c., the number of her crew carried, the names and dates of the fleets of cutters employed will have an historical value which cannot easily be assessed in the present age that is still familiar with sailing craft. in making researches for the preparation of this volume i have to express my deep sense of gratitude to the honourable commissioners of the board of customs for granting me permission to make use of their valuable records; to mr. f.s. parry c.b., deputy chairman of the board for his courtesy in placing a vast amount of data in my hands, and for having elucidated a good many points of difficulty; and, finally, to mr. henry atton, librarian of the custom house, for his great assistance in research. e. keble chatterton. contents chap. page i. introduction ii. the earliest smugglers iii. the growth of smuggling iv. the smugglers' methods v. the hawkhurst gang vi. the revenue cruisers vii. cutters and sloops viii. preventive organisation ix. cutters' equipment x. the increase in smuggling xi. the smugglers at sea xii. the work of the cutters xiii. the period of ingenuity xiv. some interesting encounters xv. a tragic incident xvi. administrative reforms xvii. smuggling by concealments xviii. by sea and land xix. action and counter-action xx. force and cunning appendices illustrations plates revenue cruiser chasing smuggling lugger _colour frontispiece_ facing page a representation of ye smugglers breaking open ye king's custom house at poole mr. galley and mr. chater put by ye smugglers on one horse near rowland castle galley and chater falling off their horse at woodash a chater chained in ye turff house at old mills's chater hanging at the well in lady holt park, the ) bloody villains standing by ) ) the bloody smugglers flinging down stones after they ) had flung his dead body into the well ) h.m. cutter "wickham," commanded by captain john fullarton, r.n. h.m. cutter "wickham" in text page "dow sent his mate and ten men on board her" "came charging down ... striking her on the quarter" "a great crowd of infuriated people came down to the beach" "the 'flora' with the 'fisgard,' 'wasso,' and 'nymph'" "the 'caroline' continued her course and proceeded to london" how the deal boatmen used to smuggle tea ashore "the 'badger' was hoisting up the galley in the rigging" "fire and be damned" the sandwich device the sloop "lucy" showing concealments cask for smuggling cider the smack "tam o'shanter" showing method of concealment flat-bottomed boat found off selsey plan of the schooner "good intent" showing method of smuggling casks the schooner "spartan" deck plan and longitudinal plan of the "lord rivers" "the cruiser's guns had shot away the mizzen-mast" "the 'admiral hood' was heaving tubs overboard" "getting a firm grip, pushed him ... into the water" "let's ... have him over the cliff" "under cover of darkness took on board ... forty bales of silk" "another shot was fired" methods employed by smugglers for anchoring tubs thrown overboard the "rival's" ingenious device "taken completely by surprise" king's cutters & smugglers chapter i introduction outside pure naval history it would be difficult to find any period so full of incident and contest as that which is covered by the exploits of the english preventive service in their efforts to deal with the notorious and dangerous bands of smugglers which at one time were a terrible menace to the trade and welfare of our nation. as we shall see from the following pages, their activities covered many decades, and indeed smuggling is not even to-day dead nor ever will be so long as there are regulations which human ingenuity can occasionally outwit. but the grand, adventurous epoch of the smugglers covers little more than a century and a half, beginning about the year and ending about or . nevertheless, within that space of time there are crowded in so much adventure, so many exciting escapes, so many fierce encounters, such clever moves and counter-moves: there are so many thousands of people concerned in the events, so many craft employed, and so much money expended that the story of the smugglers possesses a right to be ranked second only to those larger battles between two or more nations. everyone has, even nowadays, a sneaking regard for the smugglers of that bygone age, an instinct that is based partly on a curious human failing and partly on a keen admiration for men of dash and daring. there is a sympathy, somehow, with a class of men who succeeded not once but hundreds of times in setting the law at defiance; who, in spite of all the resources of the government, were not easily beaten. in the novels of james, marryat, and a host of lesser writers the smuggler and the preventive man have become familiar and standard types, and there are very few, surely, who in the days of their youth have not enjoyed the breathless excitement of some story depicting the chasing of a contraband lugger or watched vicariously the landing of the tubs of spirits along the pebbly beach on a night when the moon never showed herself. but most of these were fiction and little else. even marryat, though he was for some time actually engaged in revenue duty, is now known to have been inaccurate and loose in some of his stories. those who have followed afterwards have been scarcely better. however, there is nothing in the following pages which belongs to fiction. every effort has been made to set forth only actual historical facts, which are capable of verification, so that what is herein contained represents not what _might_ have happened but actually did take place. to write a complete history of smuggling would be well-nigh impossible, owing to the fact that, unhappily through fire and destruction, many of the records, which to-day would be invaluable, have long since perished. the burning down of the customs house by the side of the thames in and the inappreciation of the right value of certain documents by former officials have caused so desirable a history to be impossible to be written. still, happily, there is even now a vast amount of material in existence, and the present commissioners of the board of customs are using every effort to preserve for posterity a mass of data connected with this service. owing to the courtesy of the commissioners it has been my good fortune to make careful researches through the documents which are concerned with the old smuggling days, the revenue cutters, and the preventive service generally; and it is from these pages of the past and from other sources that i have been enabled to put forth the story as it is here presented; and as such it represents an attempt to afford an authentic picture of an extremely interesting and an equally exciting period of our national history, to show the conditions of the smuggling industry from the seventeenth to the nineteenth century, and the efforts to put a stop to the same. we shall soon find that this period in its glamour, romance, and adventure contains a good deal of similarity to the great seafaring elizabethan epoch. the ships were different, but the courage of the english seamen was the same. nor must we forget that those rough, rude men who ran backwards and forwards across the english channel in cutters, yawls, luggers, and sometimes open boats, stiffened with a rich ballast of tea, tobacco, and brandy, were some of the finest seamen in the world, and certainly the most skilful fore-and-aft sailors and efficient pilots to be found anywhere on the seas which wash the coasts of the united kingdom. they were sturdy and strong of body, courageous and enterprising of nature, who had "used" the sea all their lives. consequently the english government wisely determined that in all cases of an encounter with smugglers the first aim of the preventive officers should be to capture the smugglers themselves, for they could be promptly impressed into the service of the navy and be put to the good of the nation instead of being to the latter's disadvantage. as everyone familiar with the sea is aware, the seamanship of the square-rigged vessel and of the fore-and-aft is very different. the latter makes special demands of its own which, for the present, we need not go into. but we may assert with perfect confidence that at its best the handling of the king's cutters and the smuggling craft, the chasing and eluding in all weathers, the strategy and tactics of both parties form some of the best chapters in nautical lore. the great risks that were run, the self-confidence and coolness displayed indicated quite clearly that our national seafaring spirit was not yet dead. to-day many descendants of these old smugglers remain our foremost fore-and-aft sailors, yet engaged no longer in an illicit trade but in the more peaceful pursuits of line fishermen, oyster dredging, trawling during the winter, and often shipping as yachts' hands during the summer. but because we are to read fact and not fiction we shall scarcely find the subject inferior in interest. truth often enough is stranger, and some of the tricks and devices employed by the smuggling communities may well surprise us. and while we shall not make any vain attempt to whitewash a class of men who were lawless, reckless, and sometimes even brutal in their efforts, yet we shall not hesitate to give the fullest prominence to the great skill and downright cleverness of a singularly virile and unique kind of british manhood. in much the same way as a spectator looks on at a fine sporting contest between two able foes, we shall watch the clashing exploits of the king's men and the smugglers. sometimes the one side wins, sometimes the other, but nearly always there is a splendidly exciting tussle before either party can claim victory. no one who has not examined the authentic records of this period can appreciate how powerful the smugglers on sea and land had become. the impudence and independence of some of the former were amazing. we shall give instances in due course, but for the present we might take the case of the revenue cutter which, after giving chase to a smuggling vessel, came up to the latter. shots were exchanged, but the smuggler turned his swivel guns on to the government craft with such a hot effect that the revenue captain deemed it prudent to give up the fight and hurry away as fast as possible, after which the positions were reversed and the smuggler _actually chased the revenue cutter!_ in fact during the year one of the customs officials wrote sadly to the board that there was a large lugger off the coast, and so well armed that she was "greatly an overmatch" for even two of the revenue cruisers. it seems almost ludicrous to notice a genuine and unquestionable report of a smuggling vessel coming into a bay, finding a revenue cruiser lying quietly at anchor, and ordering the cruiser, with a fine flow of oaths, immediately to cut his cable and clear out; otherwise the smugglers promised to sink her. the revenue cutter's commander did not cut his cable, but in truth he had to get his anchor up pretty promptly and clear out as he was told. it was not till after the year that the government began seriously to make continuous headway in its efforts to cope with the smuggling evil. consider the times. between the years and there were years and years of wars by land or by sea. there were the three great anglo-dutch wars, the wars with france, with spain, to say nothing of the trouble with america. they were indeed anxious years that ended only with the battle of waterloo, and it was not likely that all this would in any way put a stop to that restlessness which was unmistakable. wages were low, provisions were high, and the poorer classes of those days had by no means all the privileges possessed to-day. add to this the undoubted fact that literally for centuries there had lived along the south coast of england, especially in the neighbourhood of the old cinque ports, a race of men who were always ready for some piratical or semi-piratical sea exploit. it was in their blood to undertake and long for such enterprises, and it only wanted but the opportunity to send them roving the seas as privateers, or running goods illegally from one coast to another. and it is not true that time has altogether stifled that old spirit. when a liner to-day has the misfortune to lose her way in a fog and pile up on rock or sandbank, you read of the numbers of small craft which put out to salvage her cargo. but not all this help comes out of hearts of unfathomable pity. on the contrary, your beachman has an eye to business. he cannot go roving nowadays; time has killed the smuggling in which his ancestors distinguished themselves. but none the less he can legally profit by another vessel's misfortune; and, as the local families worked in syndicate fashion when they went smuggling, so now they mutually arrange to get the cargo ashore and, incidentally, make a very handsome profit as well. we need not envy the government the difficult and trying task that was theirs during the height of the smuggling era. there was quite enough to think of in regard to foreign affairs without wanting the additional worry of these contraband runners. that must be borne in mind whenever one feels inclined to smile at the apparently half-hearted manner in which the authorities seemed to deal with the evil. neither funds nor seamen, nor ships nor adequate attention could be spared just then to deal with these pests. and it was only after the wars had at last ended and the napoleonic bogey had been settled that this domestic worry could be dealt with in the manner it required. there were waiting many evils to be remedied, and this lawlessness along the coast of the country was one of the greatest. but it was not a matter that could be adjusted in a hurry, and it was not for another forty or fifty years, not, in fact, until various administrative changes and improvements had taken place, that at last the evil was practically stamped out. as one looks through the existing records one cannot avoid noticing that there was scarcely a bay or suitable landing-place along the whole english coast-line that did not become notorious for these smuggling "runs": there is hardly a cliff or piece of high ground that has not been employed for the purpose of giving a signal to the approaching craft as they came on through the night over the dark waters. there are indeed very few villages in proximity to the sea that have not been concerned in these smuggling ventures and taken active interest in the landing of bales and casks. the sympathy of the country-side was with the smuggling fraternity. magistrates were at times terrorised, juries were too frightened to convict. in short, the evil had grown to such an extent that it was a most difficult problem for any government to be asked to deal with, needing as it did a very efficient service both of craft and men afloat, and an equally able and incorruptible guard on land that could not be turned from its purpose either by fear or bribery. we shall see from the following chapters how these two organisations--by sea and land--worked. if we exclude fiction, the amount of literature which has been published on smuggling is exceedingly small. practically the whole of the following pages is the outcome of personal research among original, authentic manuscripts and official documents. included under this head may be cited the minutes of the board of customs, general letters of the board to the collectors and controllers of the various out-ports, out-port letters to the board, the transcripts from shorthand notes of assizes and promiscuous trials of smugglers, a large quantity of mss. of remarkable incidents connected with smuggling, miscellaneous notes collected on the subject in the library of the customs house, instructions issued at different times to customs officers and commanders of cruisers, general orders issued to the coastguard, together with a valuable précis (unpublished) of the existing documents in the many customs houses along the english coast made in the year by the librarian to the board of customs on a round of visits to the different ports for that purpose. these researches have been further supplemented by other documents in the british museum and elsewhere. this volume, therefore, contains within its pages a very large amount of material hitherto unpublished, and, additional to the details gathered together regarding smuggling methods, especial attention has been paid to collect all possible information concerning the revenue sloops and cutters so frequently alluded to in those days as cruisers. i have so often heard a desire expressed among those interested in the literature of the sea to learn all about the king's cutters, how they were rigged, manned, victualled, armed, and navigated, what were their conditions of service at sea, and so on--finally, to obtain accounts of their chasing of smuggling craft, accounts based on the narratives of eye-witnesses of the incidents, the testimony of the commanders and crews themselves, both captors and captives, that i have been here at some pains to present the most complete picture of the subject that has hitherto been attempted. these cutters were most interesting craft by reason both of themselves and the chases and fights in which they were engaged. the king's cutters were employed, as many people are aware, as well in international warfare as in the preventive service. there is an interesting letter, for instance, to be read from lieutenant henry rowed, commanding the admiralty cutter _sheerness_, dated september , , off brest, in which her gallant commander sends a notable account to collingwood concerning the chasing of a french _chasse-marée_. and cutters were also employed in connection with the walcheren expedition. the hired armed cutter _stag_ was found useful in as a despatch vessel. but the king's cutters in the revenue work were not always as active as they might be. in one of his novels (_the three cutters_) captain marryat gives the reader a very plain hint that there was a good deal of slackness prevalent in this section of the service. referring to the midshipman of the revenue cutter _active_, the author speaks of him as a lazy fellow, too inert even to mend his jacket which was out at elbows, and adds, "he has been turned out of half the ships in the service for laziness; but he was born so, and therefore it is not his fault. a revenue cutter suits him--she is half her time hove-to; and he has no objection to boat-service, as he sits down in the stern-sheets, which is not fatiguing. creeping for tubs is his delight, as he gets over so little ground." but marryat was, of course, intentionally sarcastic here. that this lazy element was not always, and in every ship, prevalent is clear from the facts at hand. it is also equally clear from the repeated admonitions and exhortations of the board of customs, by the holding-out of handsome rewards and the threatenings of dire penalties, that the revenue-cutter commanders were at any rate periodically negligent of their duties. they were far too fond of coming to a nice snug anchorage for the night or seeking shelter in bad weather, and generally running into harbour with a frequence that was unnecessary. the result was that the cutter, having left her station unguarded, the smugglers were able to land their kegs with impunity. but we need not delay our story longer, and may proceed now to consider the subject in greater detail. chapter ii the earliest smugglers it is no part of our intention to trace the history of the levying of customs through different reigns and in different ages, but it is important to note briefly that the evading of these dues which we designate smuggling, is one of the oldest offences on record. the most ancient dues paid to the english sovereigns would seem to have been those which were levied on the exportation and importation of merchandise across the sea; and it is essential to emphasise at the outset that though nowadays when we speak of smuggling we are accustomed to think only of those acts concerned with imports, yet the word applies equally to the unlawful manner of exporting commodities. before it is possible for any crime to be committed there must needs be at hand the opportunity to carry out this intention; and throughout the history of our nation--at any rate from the thirteenth century--that portion of england, the counties of kent and sussex, which is adjacent to the continent, has always been at once the most tempted and the most inclined towards this offence. notwithstanding that there are many other localities which were rendered notorious by generations of smugglers, yet these two between them have been responsible for more incidents of this nature than all the rest put together. what i am anxious at first to emphasise is the fact that, although smuggling rose to unheard-of importance as a national danger during the eighteenth and nineteenth centuries (and this is the period to which we shall especially address ourselves presently as affording the fullest and the most interesting information on an ingenious phase of human energy), yet it was not a practice which suddenly rose into prominence during that period. human nature is much the same under various kings and later centuries. under similar circumstances men and women perform similar actions. confronted with the temptation to cheat the crown of its dues, you will find persons in the time of george v. repeating the very crimes of edward i. the difference is not so much in degree of guilt as in the nature of the articles and the manner in which they have been smuggled. to-day it may be cigars--centuries ago it was wool. although the golden age (if we may use the term) of smuggling has long since passed, i am by no means unconvinced that if the occasions of temptation recurred to carry on this trade as it was pursued during the eighteenth and the first half of the nineteenth centuries, there would not be found many who would be ready to apply themselves to such a task. to some extent the modern improvements in living, in education, and increased respect for lofty ideals would modify this tendency; and long years have awakened so keen a regard for the benefits of law and order that the nefarious practice might not break out immediately on a large scale. but when we speak of smuggling it is perhaps more correct to speak of it as a disease which has not been exterminated from the system, but is, as it were, a microbe that is kept well under control and not allowed to spread. everyone who is familiar with english history is aware of the important position which was occupied by the wool trade. because of the immense value to the nation of the fleece it was necessary that this commodity should be kept in the country and not sent abroad. if in the present day most of our iron and coal were to be despatched abroad regardless of what was required by our manufacturers it would not be long before the country would begin to suffer serious loss. so, in the thirteenth century, it was with the wool. as a check to this a tax was levied on that wool which was exported out of the country, and during the reign of edward iii. attempts were made by the threat of heavy penalties to prevent the continent from becoming the receptacle of our chief product. but the temptation was too great, the rewards were too alluring for the practice to be stopped. the fleece was carried across from england, made into cloth, and in this state sent back to us. even in those days the town of middleburgh, which we shall see later to have been the source of much of the goods smuggled into our country in the grand period, was in the fourteenth century the headquarters abroad of this clandestine trade. we need not weary the reader with the details of the means which were periodically taken to stop this trade by the english kings. it is enough to state that practically all the ports of sussex and kent were busily engaged in the illegal business. neither the penalties of death, nor the fixing of the price of wool, nor the regulating of the rate of duty availed in the long-run. licences to export this article were continually evaded, creeks and quiet bays were the scenes where the fleece was shipped for france and the low countries. sometimes the price of wool fell, sometimes it rose; sometimes the crown received a greater amount of duty, at other times the royal purse suffered very severely. in the time of elizabeth the encouragement of foreign weavers to make their homes in england was likely to do much to keep the wool in the country, especially as there began to be increased wealth in our land, and families began to spend more money on personal comforts. even in the time of charles i. proclamations were issued against exporting wool, yet the mischief still went on. in the time of charles ii. men readily "risked their necks for d. a day."[ ] the greatest part of the wool was sent from romney marsh, where, after nightfall, it was put on board french shallops with ten or twenty men to guard it, all well armed. and other parts of sussex as well as kent and even essex were also engaged in similar exportations. but it is from the time of king charles ii. that the first serious steps were taken to cope with the smuggling evil, and from here we really take our starting-point in our present inquiry. prior to his time the customs, as a subsidy of the king, were prone to much variability. in the time of james i., for instance, they had been granted to the sovereign for life, and he claimed to alter the rates as he chose when pressed for money. when charles i. came to the throne the commons, instead of voting them for the extent of the sovereign's life, granted them for one year only. at a later date in the reign of that unhappy king the grant was made only for a couple of months. these dues were known as tonnage and poundage, the former being a duty of s. d. to s. levied on every ton of wine and liquor exported and imported. poundage was a similar tax of d. to s. on every pound of dry goods. it was not till after the restoration that the customs were settled and more firmly established, a subsidy being "granted to the king of tonnage and poundage and other sums of money payable upon merchandise exported and imported." nominally the customs were employed for defraying the cost of "guarding and defending the seas against all persons intending the disturbance of his subjects in the intercourse of trade, and the invading of this realm." and so, also, there was inaugurated a more systematic and efficient method of preventing this export smuggling. so far as one can find any records from the existing manuscripts of this early preventive system, the chronological order would seem to be as follows: the first mention of any kind of marine service that i can trace is found in a manuscript of , which shows the establishment of the custom house organisation in that year for england and wales. from this it is clear that there had been made a beginning of that system which was later to develop into that of the revenue cutters. and when we recollect how extremely interested was charles ii. in everything pertaining to the sea and to sloop-rigged craft especially, it seems very natural to believe that this monarch inspired, or at any rate very considerably encouraged, the formation of a small fleet of custom house sailing craft. elsewhere i have discussed this matter at length, therefore it may suffice if attention is called to the fact that to charles was due the first yacht into england, presented to him by the dutch; while from his encouragement were born the sport of yachting and the building of english yachts. he was very much concerned in the rig of sloops, and loved to sail in such craft, and his yacht was also most probably the first vessel of that rig which had ever been employed by english sailors. further still, he was something of a naval architect, the founder of the greenwich royal observatory and the _nautical almanac_, and under his rule a fresh impulse was given to navigation and shipbuilding generally. at any rate by the year there were among the smaller sailing craft of england a number of sloops and smacks employed doubtless for fishing and coasting work. as a kind of marine police, the custom house authorities determined to hire some of these to keep a watch on the "owlers," as the wool-smugglers were termed, so called, no doubt, because they had to pursue their calling always by night. whatever efforts had been adopted prior to his reign probably had consisted for the most part, if not entirely, of a land police. but under this second charles the very sensible and obvious idea of utilising a number of sailing craft was started. in the above ms. volume the first reference is to "peter knight, master of ye smack for ye wages of him self and five men and boy, and to bear all charges except wear and tear ... £ ." "for extraordinary wear and tear," he was to be paid £ . his vessel was the margate smack. in the same volume there is also a reference to the "graves end smack," and to "thomas symonds for wages and dyett [diet] for himself, master and six men ... £ , s. d." and for the "wear and tear to be disposed as ye commrs. direct ... £ , s. d." there was yet a third vessel stationed a few miles away, the "quinborrough smack," and a reference to "nicholas badcock for hire of ye smack, two men, and to bear all charges ... £ ." these vessels were not known as revenue cutters at this time, but as custom house smacks. they were hired by the commissioners of the customs from private individuals to prevent the owlers from smuggling the wool from kent, essex, and sussex. but it would seem that these smacks, even if they modified a little the activities of the owlers, did not succeed in bringing about many convictions. romney marsh still sent its contribution across to france and holland, much as it had done for generations. but in the attack on the men of kent and sussex was strengthened by legislation, for by & william iii. cap. , it was enacted that "for the better preventing the exportation of wool and correspondence with france ... the lord high admiral of england, or commissioners for executing the office of lord high admiral for the time being, shall from time to time direct and appoint one ship of the fifth rate, and two ships of the sixth rate, and four armed sloops constantly to cruise off the north foreland to the isle of wight, with orders for taking and seizing all ships, vessels, or boats which shall export any wool or carry or bring any prohibited goods or any suspected persons." it was due to william iii.'s government also that no person living within fifteen miles of the sea in those counties should buy any wool before he entered into a bond, with sureties, that all the wool he might buy should be sold by him to no persons within fifteen miles of the sea, and all growers of wool within ten miles of the sea in those counties were obliged within three days of shearing to account for the number of fleeces, and where they were lodged. instructions were duly issued to captains of sloops, and a scheme drafted for surrounding the whole of the coast with sloops, the crews consisting of master, mate, and mariners. but from an entry in the excise and treasury reports of , it is clear that a careful regard even at that date was being had for the import smuggling as well. the reference belongs to september , and shows that a "boarding" boat was desired for going alongside vessels in the downs, and preventing the running in of brandies along the coast in that vicinity. the charge for building such a boat is to be £ . in another ms. touching the customs, there is under date of june an interesting reference to "a deale yoghall to be built," and that "such a boat will be here of very good use." she is to be "fitt to go into ye roads for boarding men or other ocations when ye sloops may be at sea." so much, then, for the present as to the guarding by sea against the smugglers. let us now turn to look into the means adopted by land. the wool-owners of romney marsh were still hard at their game, and the horses still came down to the beach ladened with the packs ready to be shipped. if any one were sent with warrants to arrest the delinquents, they were attacked, beaten, and forced to flee, followed by armed gangs on horseback. but it was evident that the crown was determined not to let the matter rest, for a number of surveyors were appointed for nineteen counties and riding officers as well, though they made few seizures, and obtained still fewer condemnations, but at great expense to the state. in it was believed that the owling trade, especially in romney marsh, was broken if not dead, although the smuggling by import was on the increase, especially as regards silks, lace, and such "fine" goods. at that time for the two hundred miles of coast-line between the isle of sheppey and emsworth--practically the whole of the kentish and sussex shore--fifty officers were being employed at a salary of £ per annum, with an allowance to each of another £ annually for a servant and horse to assist them during the night. and there was authority also for the employment of dragoons to aid the riding officers, especially in the neighbourhood of romney marsh; but there was a number of "weak and superannuated" men among the latter, who did not make for the efficiency of the service. we need not say much more about the wool-exportation. in spite of all the efforts of the custom house smacks and the assistance of his majesty's ships of war, in spite, too, of further legislation, it still continued. it went on merrily at any rate till the end of the eighteenth century, by which time the smuggling by imports had long since eclipsed its importance. it was the wars with france during the time of william and mary which increased and rendered more easy the smuggling into england of silk and lace. and by means of the craft which imported these goods there used to be smuggled also a good deal of jacobite correspondence. as kent and sussex had been famous for their export smuggling, so these counties were again to distinguish themselves by illicit importation. from now on till the middle of this eighteenth century this newer form of smuggling rose gradually to wondrous heights. and yet it was by no means new. in the time of edward iii. steps had to be taken to prevent the importation of base coin into the realm, and in succeeding reigns the king had been cheated many a time of that which ought to have come to him through the duties of goods entering the country. it was impossible instantly to put down a practice which had been pursued by so many families for so many hundreds of years. but the existing force was not equal to coping with the increase. as a consequence the daring of the smugglers knew no bounds--the more they succeeded the more they ventured. a small gang of ten would blossom forth into several hundreds of men, there would be no lack of arms nor clubs, and adequate arrangements would be made for cellar-storage of the goods when safely brought into the country. consequently violence became more frequent than ever--bloodshed and all sorts of crimes occurred. in the year several commissions or deputations were issued by the chancellor of the exchequer to captains of his majesty's sloops to make seizures, and the following year the treasury authorised the construction of seven sloops for service off the coast of scotland. the smugglers had in fact become so desperate, the english channel was so thoroughly infested with them, and the revenue service was so incapable of dealing with them in the manner that was obviously essential for effectiveness, that the admiralty ordered the captains and commanders of his majesty's ships to assist the revenue officers all they could in order to prevent the smuggling trade, and to look out and seize all vessels employed in illegally exporting wool; for the admiralty had been informed by the commissioners of customs that the revenue officers frequently met with insults from french smuggling luggers manned by armed crews, who carried on a brisk smuggling trade by force and even dared the revenue men to come aboard them. but as the revenue service afloat was assisted now by the navy, so the revenue land guard was also aided by the military. in arrangements had been made that dragoons should co-operate with the riding officers in their operations against the owlers, and there are plenty of skirmishes recorded showing that the dragoons were actually so employed. originally these soldiers were employed under the direction of the riding officers, but, as can well be expected, there was a good deal of jealousy and friction caused through the sharing of the soldiers in the rewards for seizures, and after the year this military assistance was not utilised to any great extent, although legally army officers can still be called upon to render assistance against smuggling. and, in passing, one might mention that this co-operation afloat between the customs men and the navy was equally noticeable for a certain amount of ill-feeling, as we shall mention on a later page. before the first quarter of the eighteenth century was completed, smuggling between england and the continent was proceeding at a brisk pace, and by the middle of that century it had well-nigh reached its climax for fearlessness. we have already alluded to the establishment of hired smacks and sloops inaugurated towards the end of the seventeenth century. the sloop rig, as i have shown in another volume,[ ] had probably been introduced into england from holland soon after the accession of charles ii., but from that date its merits of handiness were so fully recognised that for yachts, for fishing craft, for the carrying of passengers and cargo up and down the thames and along the coast as well as across to ireland and the continent, the rig was adopted very readily in place of the lug-sails. the smack was also a sloop-rigged vessel. we need not enter here into a discussion as to the comparative merits of sloops and cutters and smacks. it is enough if we state that when it was realised that a vessel of say tons, sloop-rigged, with her one mast, mainsail, and two headsails and square topsail (set forward of the mast on a yard) could be handled with fewer men and therefore less expense than a lugger of similar size; was also more suitable for manoeuvring in narrow channels, and for entering and leaving small harbours, the fishermen, coasters, and so on took to this improvement. thus most naturally the larger smuggling craft were till well on into the nineteenth century sloops or cutters, and equally natural was it that the revenue availed themselves of this rig first by hiring smacks, and, later, by building for themselves. these sloops, whether hired or owned, were given each a particular station to guard, and that plan was followed by the revenue cruisers for many years to follow. among the exeter documents of the customs department is included an interesting document dated july , , wherein the board of customs informs the collector at the port of dartmouth of the list of vessels appointed by the commissioners to cruise against owlers, the district comprised extending from pembroke in the west to the downs in the east. the following is the list of these vessels with their respective cruising territories:-- name of cruiser limits of her sphere _rye_ pembroke to lundy island _discovery_ milford to swansea _dolphin_ milford to exmouth _hastings_ " " " _woolwich_ downs to falmouth _swan_ " " " _fly_ off folkestone _dispatch_ " " this fairly well covered the region to which goods were likely to be run from the continent as well as that from which the owlers were wont to export their wool. from an entry among the documents preserved in the custom house at newcastle, dated september , we can see that also the north-east coast was guarded thus:-- name of cruiser limits of her sphere _cruiser_ flamborough head to newcastle _deal castle_ newcastle to leith _spy_ firth of forth to newcastle and about the last-mentioned date the _deal castle_ had succeeded in capturing four french smuggling craft and brought them into shields. to the other side of england the isle of man, which was a veritable contraband depôt, used to send quantities of dutiable goods, liverpool being the favourite destination, and it was a more difficult matter here to deal with than in many other ports. on october , , the collector at liverpool writes to the board of customs that he thinks a sloop would be of little service for that port. some time ago they had one, which was not a success "by reason of ye dangerousness and difficulty of the harbour and ye many shoales of sand, which often shift in bad weather." the manxmen were a thoroughly lawless, desperate species of smugglers, who stopped at nothing, and were especially irate towards all revenue and public officials, recognising no authority other than might and a certain respect for the duke of atholl, the owner of the isle of man. among the letters to southampton there is a record dated june , , which shows that a number of his majesty's sloops were appointed by the admiralty to cruise off the coasts of the kingdom to prevent the exporting of wool and the running of goods by the import-smugglers. for instance, the admiralty sloop _swift_ was appointed to cruise between portland, poole, and jack-in-the-basket off the entrance to lymington harbour, hants, her commander being a captain cockayne. similarly the sloop _success_ (captain thomas smith, commander) was to cruise between portland and spithead, and the _rye_ (captain john edwards) between the isle of wight and beachy head to the eastward. it was part of the duty of the revenue officers at southampton to see that these three ships constantly cruised on their station, and if their commanders were found negligent of this duty the matter was to be reported to the board of customs. the revenue craft were apparently not above suspicion, for in november of the southampton officers of the customs reported to headquarters that this very sloop, the _swift_, every time she went across to guernsey in connection with her duties of prevention, used to bring back quantities of wine, brandy, and other dutiable goods under the pretence that they were the ship's stores. the intention, however, was nothing less than that which dominated the actions of the smugglers themselves--the very class against which the _swift_ was employed--for captain cockayne's men used to find it no very difficult matter to run these goods ashore clandestinely under the very eyes of the unsuspecting customs officers. the commissioners of the customs therefore sent down strict instructions that the _swift_ was to be rummaged every time she arrived at southampton from guernsey. we shall have reason presently to refer more especially to the channel isles again, but it may suffice for the present to state that they were in the south the counterpart of the isle of man in the north as being a depôt whence the import smugglers fetched their goods across to england. additional to the naval sloops just mentioned, there were two other cutters belonging to the southampton station under the revenue and not, of course, admiralty-owned craft. these vessels were respectively the _calshot_ and the _hurst_, and it is worth noting that at the time we are thinking of ( ) these vessels are referred to generally as "yatchs" or "yachts." it was not quite seventy years since the first yacht--that presented to charles ii., named the _mary_--had arrived in england, and it was only in that the first yacht club had been established, not in england, but in cork. if we may judge from contemporary paintings of yachts we can visualise the _hurst_ and _calshot_ as being very tubby, bluff-bowed craft with ample beam. but what would especially strike us in these modern days would be the exceptionally long bowsprit, the forward end of which was raised considerably above the water than its after end, both jib and foresail each working on a stay. the commander of the _calshot_ yacht was a captain mears, and there is an entry in the southampton documents to the effect that he was paid the sum of £ , s. d. for piloting his vessel from southampton to guernsey and back in connection with the preventive duties. this trip took him five days, his pay being half a guinea a day. it is clear from a record of the following year that mears was employed by special arrangement, for on july , , the board of customs decided that it was necessary that captain john mears, commander of the _calshot_ yacht at southampton, should now be placed on the same footing as the other commanders of the revenue sloops and smacks in regard to the matter of wear and tear. henceforth the sum of s. per ton was to be allowed him instead of £ per annum. both yacht and her boats were to be kept in good repair, but the commander was first to give security to have the vessel and her boats generally in good order and reasonable repair, loss by violence of the sea or other unavoidable accidents excepted. the commander was also to find the sloop and her boats with all manner of necessaries and materials, so that the crown was to be at no charge on that account in the future; and every quarter the comptroller and collector of the port were to certify to the board as to whether the yacht and boats were in good repair. it would appear that these two vessels were not actually owned by the customs but hired from captain mears; and less than a month before the above order the surveyor-general of the customs for hampshire represented to the board that it would be necessary to allow the commander of the _hurst_ half-a-dozen muskets, two pairs of pistols, half-a-dozen swords or cutlasses, and these were accordingly ordered to be sent, together with two swivel guns, from weymouth to captain mears "by the first coast vessel bound to" southampton. there was certainly need for a strict vigilance to be kept in that neighbourhood, for there was a good deal of smuggling then being carried on along the hampshire shore in the vicinity of hurst castle and beaulieu. in another chapter we shall go into the important matter touching the flags that were worn by the vessels employed in looking after smuggling, but, in passing, we may call attention to a letter which the board sent to southampton at this time referring to the proclamation of december , , by which no ships whatsoever were allowed to wear a pendant excepting those engaged in the service of the royal navy, but that the sloops employed in the several public offices (as, for instance, the customs and the excise) should wear jacks, whereon was to be described the seal used in the respective offices. and captain john mears, senior, of the _calshot_, and captain john mears, junior, of the _hurst_, were to be informed that they must deliver up their pendants to the customs' office at southampton and for the future forbear wearing a pendant. instead thereof they are to wear a jack and ensign with the seal of office therein, "but the mark in the ensign is to be twice as large as that in the jack; and if the captain should hereafter find that the not wearing a pendant will be any obstruction or hindrance to the service," the board of customs is to be informed.[ ] we have now seen something of the sloops and cutters on the south, the west, and the north-east coasts. let us take a glance at the district to the southward of flamborough during this same period. from the hull letter book we find that in september of the admiralty appointed captain burrish of the _blandford_ and sir roger butler of the _bonetta_ to cruise between flamborough and newcastle; but captain oates of the _fly_ and captain rycant of the _tryal_ were to cruise between flamborough and yarmouth. there is also a reference to the revenue sloop _humber_ employed in this neighbourhood on preventive work. she was a somewhat expensive craft to keep up, as she was frequently needing repairs and renewals. first, she was to have a new cable which was to cost £ , s. - / d.; and it is a striking reminder of those days of hemp and sail that this bill was paid to the "ropemakers." a few months later she had to undergo repairs which amounted to £ , s. - / d., and less than six months afterwards she had to be given a new anchor which cost £ , s. d. three years later she was given a new suit of sails which came to £ , s. d. but her old suit was sold for the sum of eight guineas. and finally, in , as she had begun to cost so much for repairing, the board determined to sell her. notwithstanding that the south coast, by reason of its proximity to the continent and the channel isles, was a convenient and popular objective for the smugglers running their goods from france and holland, yet the yorkshire coast was by no means neglected. from dunkirk and flushing especially goods poured into the county. there was a small sloop, for instance, belonging to bridlington, which was accustomed to sail across the north sea to one of the ports in zealand, where a cargo was taken aboard consisting of the usual dutiable articles such as tea, tobacco, and gin. the return voyage was then made and the goods landed clandestinely at some convenient spot between the spurn lighthouse and bridlington. similarly, farther south than the humber smuggling by illegal importation went on extensively in the early eighteenth century. sometimes a dutch vessel would arrive in grimsby roads and succeed in quietly running her goods to the shore. in the autumn of the master of the dutch schuyt _the good luck of camphire_, alias _the brotherly love_, had succeeded in running as many as half-ankers[ ] of brandy and lbs. of tea on the coast near great yarmouth, the skipper's name being francis coffee. he was a notorious smuggler. but on this occasion both he and his vessel were captured. still, matters were not always satisfactory on board the revenue sloops and smacks, for whenever, at this time, there was an encounter with the smugglers afloat the latter were so violent and desperate that the captors went about their work with their lives in their hands. furthermore, it was not altogether a pleasing business to have to fire at fellow-countrymen, many of whom they had known from boyhood. then, again, there was not the space on these sloops and cutters, nor the amount of deck room to be found on the men-of-war; and to be cooped up in these comparatively small vessels always on the _qui vive_, usually near the shore but able to have shore-leave all too rarely, was calculated to make for restlessness. added to which a very considerable portion of the crews of these revenue craft was composed of men who had spent years of their lives as smugglers themselves. consequently it was not altogether surprising that mutinies and refusals to obey their commander's orders were of frequent occurrence. after a time it was decided that those members of the crew which had to be dismissed for such offences were to be handed over to the commander of the next man-of-war that should come along, and be pressed into the service of the navy, though, it may be added, this was not always a welcome gift to the naval commander compelled to receive a handful of recalcitrant men aboard his ship. then, again, when at last a handful of smugglers had been captured it was the duty of the revenue officers to prosecute them before the magistrate at their own expense. this was regarded as an unfair hardship, and in the system was modified by the treasury allowing an officer a third of whatever amount was recovered, the prosecution to be carried on at the king's expense. at the same time it was undeniable that some commanders of these sloops and cutters were not quite as active as they might be on their station. there was too ready an excuse to run in from the sea and too great an inclination to spend valuable time in port. they were accordingly now enjoined not to presume to lay up for the purpose of giving the ship's bottom a scrub, or for a refit, without previously giving the collector and comptroller of the port ten days' notice. this was not to occur unless the cruiser really needed such attention; but if it was essential then to prevent the station remaining unguarded some other smack or vessel was to be sent out to take her place for the time being. for the smugglers were kept so well informed of the movements of the revenue ships that a contraband cargo of goods would soon be found approaching the shore during the night when the watch had been relaxed. but from an early date--at any rate as far back as --the east india ships were notorious also for smuggling into the country a considerable amount of goods that ought to have paid duty. we shall bring forward instances presently of east indiamen, homeward bound, being boarded as they come up channel, or while waiting in the downs and putting some of their cargo on board smuggling cutters and deal boats, which was subsequently quietly and secretly brought into the country. silks were especially popular among the smugglers in this connection. in those days, too, the more wealthy passengers coming home by these east indiamen used to leave the ship at spithead, where they came in for that purpose. these passengers would then be put ashore at portsmouth, and, proceeding by coach to london, thus shortened their sea journey. but notwithstanding their ample means, many of these travellers were constantly found endeavouring to land dutiable articles. in short, rich and poor, high and low, there was no class that did not endeavour to engage in smuggling either directly or indirectly. even if the party never ventured on the sea, he might be a very active aider and abettor in meeting the boat as it brought the casks ashore, or keeping a look out for the preventive men, giving the latter false information, thus throwing them on the wrong scent. or again, even if he did not act the part of signaller by showing warning lights from the cliff, he could loan his cellars, his horses, or his financial support. in fact there were many apparently respectable citizens who, by keeping in the background, were never suspected of having any interest in these nefarious practices, whereas they were in fact the instigators and the capitalists of many a successful run. and as such they were without doubt morally responsible for the deaths by murder which occurred in those incidents, when violence was used after the revenue men had come on to the scene. but as to morality, was there ever a period when the national character was so slack and corrupt as in the eighteenth century? footnotes: [ ] "smuggling in sussex," by william durrant cooper, f.s.a., in vol. x. of the _sussex archæological collection_, to which i am indebted. [ ] _fore and aft: the story of the fore-and-aft rig._ london, . [ ] "southampton letters," november , . but in , the customs commissioners had, _inter alia_, agreed to provide captain mears with "a suit of colours" for the _calshot_. this provision was, therefore, now cancelled in the year . [ ] a half-anker held - / gallons. chapter iii the growth of smuggling about the middle of the eighteenth century the smuggling of tea into the country had reached such extensive limits that the revenue which ought to have been expected from this source was sinking instead of rising. in fact it came to this, that of all the tea that was consumed in this country not one half had paid duty and the rest was smuggled. the bands of smugglers were well financed, were themselves hardy sailors and skilful pilots. they had some of the best designed and best built cutters and luggers of that time. they were able to purchase from an almost inexhaustible market, and to make a quick passage to the english shores. arrived there they could rely on both moral and physical support; for their friends were well mounted, well armed, and exceedingly numerous, so that ordinarily the cargo could be rapidly unshipped, and either hidden or run into the country with despatch. not once, but times without number the smuggling cutters had evaded the revenue cruisers at sea, showing them a clean pair of heels. with equal frequency had the preventive men on land been outwitted, bribed, or overpowered. and inasmuch as the duties on the smuggled articles were high, had they passed through the customs, so, when smuggled, they could always fetch a big price, and the share for the smugglers themselves was by no means inconsiderable. but it is always the case that, when large profits are made by lawless, reckless people, these proceeds are as quickly dissipated in extravagance of living. it is sad to think that these seafaring men, who possessed so much grit and pluck, had such only been applied in a right direction, actually died paupers. as one reads through the pitiful petitions, written on odd scraps of paper in the most illiterate of hands begging for clemency on behalf of a convicted smuggler, one can see all too clearly that on the whole it was not the actual workers but the middle-men who, as is usually the case, made the profits. a life of such uncertainty and excitement, an existence full of so many hairbreadth escapes did not fit them for the peaceful life either of the fisherman or the farmer. with them money went as easily as it had come, and taking into account the hardness of the life, the risks that were undertaken, the possibility of losing their lives, or of being transported after conviction, it cannot be said that these men were any too well paid. carelessness of danger led to recklessness; recklessness led on to a life that was dissolute and thriftless. and in spite of the fact that these tear-stained appeals were usually signed by all the respectable inhabitants of the seaside village--the rector, the local shipbuilder, lloyds' shipping agent, the chief landowners and so forth--many a wife and family had to starve or become chargeable to the union, while the breadwinner was spending his time in prison, serving as an impressed sailor on board one of his majesty's ships against the enemy; or, if he had been found physically unfit for such service, condemned to seven or more years of transportation. but by the year smuggling had reached such a pitch that something had to be done. the country was in such a state of alarm and the honest traders made such bitter complaints of the disastrous effect which these illicit practices were having on their prosperity that, on the th of february in that year, a parliamentary committee was formed "to inquire into the causes of the most infamous practice of smuggling and consider the most effectual methods to prevent the said practice." for it was clear that in spite of all that had been done by the customs and excise, by the admiralty and the military, they had not succeeded in obtaining the desired effect. and during the course of this inquiry a great deal of interesting evidence came out from expert witnesses, some of whom had not long since been the greatest smugglers in existence, but had come forward and received the pardon of the state. we may summarise the testimony obtained by this committee as follows. the smugglers, after sailing away from england, used to purchase the tea abroad sometimes with money but at other times with wool. that was a serious matter in either alternative if, as was the case, the transactions were carried on to any large extent; for the country simply could not afford to be denuded either of its valuable wool--since that crippled the wool manufactures--or of the coin of the realm, which made for bankruptcy. but this was not all. england was at war with her neighbours, and the french only too gladly admitted the smuggling vessels into her ports, since these lawless and unpatriotic men were able to give information of the state of affairs in england. there was in the isle of man at this time no levying of customs or other duties, so that between that island and france there was kept up a constant trade especially in teas, other east india goods and brandies, which were afterwards conveyed clandestinely to english ports, especially to liverpool, as already we have noted, and also to glasgow, dumfries, as well as to ireland. in the days when there were sloops at liverpool doing duty for the crown they used to set forth and do their best to stop this running, "but as it is a very dangerous station, a seizure is scarce heard of." as illustrative of the achievements of smugglers at that time let us mention that it was reported officially from yarmouth that on july fifty smugglers had run a cargo of tea and brandy at benacre in suffolk, and only a fortnight later a band of sixty smugglers landed another contraband cargo at the same place, while a gang of forty got another cargo safely ashore at kesland haven. a week later a still larger band, this time consisting of seventy, passed through benacre street with a large quantity of goods, a cart and four horses. the smugglers at kesland haven had been able to bring inland their cargo of tea and brandy by means of fifty horses. in one month alone--and this at the depth of the winter when cross-channel passages could not be expected to be too safe for small sailing craft--nine smuggling cutters had sailed from the port of rye to guernsey; and it was estimated that during the last half of the year there had been run on to the coast of suffolk horse-loads of tea as well as certain other goods, and horse-loads of wet and dry goods, to say nothing of a large quantity of other articles that should have paid duty. these were conveyed away up country by means of waggons and other vehicles, guarded by a formidable band of smugglers and sympathisers well armed. notwithstanding that the revenue officers were in some cases aware of what was going on, yet they positively dared not attempt any seizures. and in those instances where they had undertaken the risk they had been frequently beaten and left cruelly wounded with bleeding heads and broken limbs. one reliable witness testified that whereas it was computed that at this time about , , lbs. of tea were consumed in this kingdom, yet only about , lbs. of this had ever paid duty, so that there was considerably over , , lbs. weight of tea smuggled in. therefore on this one item of tea alone the loss to the crown must have been something enormous. multiply this by the long years during which the smuggling went on, add also the duties which ought to have been paid on tobacco and spirits, even if you omit to include the amount which should have accrued from lace and other commodities, and you may begin to realise the seriousness of the smuggling evil as viewed by the revenue authorities. it was noted that a great deal of this contraband stuff was fetched over from flushing and from middleburgh, a few miles farther up on the canal. the big merchant sailing ships brought the tea from the east to holland, france, sweden, and denmark. but the dutch, the french, the swedes, and the danes were not great tea drinkers, and certainly used it in nothing like the quantities which were consumed in england. but it was profitable to them to purchase this east indian product and to sell it again to the smugglers who were wont to run across from england. it should be added, however, that the species of tea in question were of the cheaper qualities. it was also frankly admitted in evidence that many of the civil magistrates, whose duty it was to grant warrants for the arrest of these delinquents, were intimidated by the smugglers, while the officers of the customs and excise were terrorised. at this period of the smuggling era, that is to say prior to the middle of the eighteenth century, most of the smuggled tea was brought over to the south coast of england in folkestone cutters of a size ranging from fifty to forty tons burthen. these vessels usually came within about three or four miles of the shore, when they were met by the smaller boats of the locality and the goods unladened. indeed the trade was so successful that as many as twenty or thirty cargoes were run in a week, and flushing became so important a base that not merely did the natives subsidise or purchase folkestone craft, but ship-builders actually migrated from that english port to flushing and pursued their calling in dutch territory. as to the reward which the smugglers themselves made out of the transaction, the rates of payment varied at a later date, but about the years and the tea-dealers paid the men eight shillings a pound for the commodity. and in spite of the seizures which were made by the revenue cutters and the land guard, yet these losses, admitted a witness, were a mere trifle to the smugglers. in fact he affirmed that sometimes one tea-dealer never suffered a seizure in six or seven years. we can therefore readily believe that the financiers netted a very handsome profit on the whole, and there are still standing plenty of fine mansions in different parts of our country which are generally supposed to have been erected from the proceeds of this form of activity. there was a kind of local intelligence bureau in most of the smuggling centres on the south coast, and so loyal and so watchful were these craftsmen that the inhabitants of the coast-line managed to let their _confreres_ know when the custom house sloops had sailed out of port or when they hauled up for repairs and refit. as a consequence the smuggling craft commonly escaped capture. animated by a natural hatred of all government officials in general, especially of all those whose duty it was to collect taxes, dues, and any kind of tolls; disliking most of all the men of the customs and excise, and, further, being allied by sympathy and blood relationship to many of the smugglers themselves, it was almost impossible for the representatives of the crown to make any steady progress in their work. we all know that when a number of even average law-abiding people get together, that crowd somehow tends towards becoming a mob. each person, so to speak, forfeits his own individuality, that becomes merged into the personality and character of the mob, which all the time is being impelled to break out into something unlawful of a minor or greater degree. whenever you have stood among crowds you must have noted this for yourself. it gets restive at the least opposition with which it is confronted, it boos and jeers with the smallest incitement; and, finally, realising the full strength of its unity, breaks out into some rash violence and rushes madly on, heedless of the results. many murders have been in this way committed by men who ordinarily and in their individual capacity would shrink from such crimes. but having become merely one of the limbs, as it were, of the crowd they have moved with the latter and obeyed its impulses. it was just the same when many of the dwellers of the country-side, many of the fishermen, labourers, and farm-hands found themselves assembled on the report of a pistol shot or the cry of angry voices coming up from the beach below. something was happening, some one was in trouble, and the darkness of the night or the gloom of the fog added a halo of mystery round the occasion. men and women came out from their cottages, some one got hit, and then a general affray began. clubs and pistols and cutlasses were busy, men were bellowing forth oaths, women shrieking, and the galloping of horses heard rapidly approaching. amid such excitements we can readily understand that a good many acts of violence and deep injury occurred which afterwards, when the heat of the event had vaporised, were regretted. at the same time, notwithstanding that one is aware that the men were engaged in an unlawful pursuit and that they themselves fully appreciated their degree of guilt, yet we cannot but feel some sort of sympathy with a crew who, after a long and exciting passage through bad weather all the way across the channel, after perhaps a breathless race against the government cruisers, had finally succeeded in landing their tubs on the shore only to be pounced on immediately by the riding officers and a _posse_ of dragoons. it must have been heart-breaking that all their carefully laid plans, all their hardships and trials should end in disaster. realising this and that their craft as well as their persons would be seized, it was but natural that they would fight like the most desperate of men. and, at the same time, those their relatives on shore who largely depended on them for their bread and butter would rush to their aid with a spirit and an impetuosity that could only end in one way. the pity of it all was that so much fine daring and enthusiasm were not being employed for a better cause and for more worthy results. but the smugglers found that, contrary to what one would expect, their greatest risk was not when landing the goods, but when bringing them across from the continent. a seizure on land was, at any rate during the first half of the eighteenth century, comparatively rare if they had been able to get away from the sloops and cutters. for the bodyguard of armed men on horseback who promptly met and escorted the contraband into the country frequently did as they had planned. and when once the tea has arrived inland it was easily sold to people who bought it not in small quantities but took as much as lbs. at a time. in addition, there were a number of men called "duffers," who used to walk inland wearing coats in which a hundred-weight of tea was concealed between two layers of cloth stitched together. they were accordingly said to "quilt" so much of this commodity. these duffers, having set forth on their walk, would eventually arrive in london and dispose of the tea to hawkers who, in turn, carried it about the town and sold it to the consumers, who, even if they had possessed any scruples, could not possibly know that the leaves had been smuggled in without paying the crown's levy. but it was not merely by exercising the strictest vigilance on the activities of the government sloops and land officers, nor entirely by resort to trickery and violence, to threats and intimidation that the smugglers managed to keep out of the hands of justice. they even advanced one step further still, for there was a man named norton whom they employed as their agent to defend them against prosecutions. this norton at one time had actually been in the employ of the crown as clerk of the late solicitor to the customs. and it was generally believed that norton by some means--most probably by offering tempting bribes--obtained news from the clerks of the customs' solicitor when a smuggler was likely to be arrested and a warrant was about to be issued. norton was then supposed to give the smuggler an immediate warning and the man was able to make himself scarce. it was quite an easy operation, for in those days when there was no telegraph and no steamboat service across the channel, all the "wanted" man had to do was instantly to board his cutter, set sail, and hurry across to france or holland, where he was sure of a welcome, where also he could employ himself in arranging for cargoes to be run into england perhaps in the very vessel which had brought him across. there were plenty of his compatriots resident in flushing, so he need not feel homesick, and when at last the incident had blown over he could find his way back to kent or sussex. it was reckoned that about this time there were at least , people in england employed in smuggling, and in some parts (as, for instance, the village of hawkhurst, about which we shall have more to say presently) gangs of large numbers could be got together in a very short time. in hawkhurst alone smugglers could be collected within an hour. folkestone, however, ran hawkhurst fairly close with a similar notoriety. such gangs, well armed as they were, went about with impunity, for notwithstanding that they were well known, yet no one dared to molest them. we mentioned just now that the danger to the state of this import smuggling was not merely that goods were brought into the country without payment being made to the customs, but that inasmuch as the contraband goods were purchased abroad partly by wool and partly by actual coin england was being robbed both ways. and as the wool exportation declined and the import smuggling rose, so the amount of gold that passed out of the country seriously increased. at least £ , , sterling were carried out of the kingdom each year to purchase these goods, and of this amount somewhere about £ , were paid for tea alone. at a later date the price of tea often went up, but the dealer still made a profit of s. on every lbs. we alluded just now also to the dangers of seizure, and it is worth remarking that these were recognised by the smugglers as being greater in one district than in another. for instance, it was much more difficult to run goods into the counties of kent and sussex than into suffolk, owing to the fleet at sea and the troops on the coast. and as to the amount of support which could be relied on it was an admitted fact that there was not one person in ten in the country but would give the smugglers assistance, and even lend them horses and carts. for the use of these the smugglers made payment at an increased rate. there was one witness before this commission who stated that he knew of about sixty english cutters of from thirty to forty tons burthen each, and five or six vessels of the same burthen belonging to merchants at flushing which were employed constantly in running goods across to england, and several of those who gave evidence confessed that they had for years been actively engaged in smuggling, but had taken advantage of the late act of indemnity. one reason alleged for smuggling tea was that the east india company did not sufficiently supply the dealers with the low-priced kinds, whereas the dutch did. and it was further contended that if the price of tea were lessened sixpence per lb. it would put a stop to smuggling of the commodity, for at this date, although other articles such as spirits and tobacco were brought in, yet there was far more tea run than anything else. but at the same time the smugglers rather liked to include a quantity of brandy casks among their cargo for the reason that they were heavy and made very good ballast. and as to the ships themselves, it was agreed that those of the smugglers were the best sailing fore-and-afters that were built in those days, and could easily out-sail both the king's ships and the custom house sloops. finally, it was shown that in spite of the large and tempting rewards that were offered by advertisement for the apprehension of those persons who had been concerned in smuggling, no one had come forward to give information for the reason that, even if he would, he dared not. and so fascinating was the call of smuggling, that although there were those who had willingly embraced the pardon granted them by the recent act, forsaken this illegal trade and settled down on farms or devoted themselves to other occupations which were within the law, yet there were many others who had returned to their former practices. after accumulating this evidence, the committee issued their first report on march , , and expressed themselves of the opinion that the high duties charged on tea and other commodities had certainly been one cause of smuggling. but they also added that the exposing for sale of those boats and vessels which had been seized from the smugglers was certainly another potent reason, for these craft were frequently bought back by the men; they therefore recommended that all captured craft should be burned. furthermore, the commission condemned the custom of allowing penalties to be compounded so easily. as an instance of this last-mentioned custom we might call attention to three smugglers belonging to the county of hampshire. there is a reference to them in the southampton letters under date of april , , from which it appears that matthew barton, john gibort, and william moadon of fordingbridge were under prosecution for running goods ashore. they subsequently offered to compound for the said offence on the following terms: barton to pay the sum of £ , gibort to pay £ , and moadon £ . but before allowing the matter to be settled straight away the collector and comptroller at southampton were ordered to look carefully into the affair and to inquire what these men were generally esteemed to be worth. chapter iv the smugglers' methods it was not till june of that the committee issued their second report, and the evidence therein contained is even more interesting to us than any which had hitherto been given. after the solicitor to the commissioners had shown how biassed juries frequently were towards prisoners brought up on charges connected with smuggling, how they declined to bring in a verdict against them even in spite of the clearest of evidence, another official (the surveyor of the searchers in the port of london) stated that when he had received information that there had been a run of goods in a certain locality and had even received information as to the road along which they would be brought, he had been compelled to travel by night and carefully to avoid all the beaten paths. indeed, if people whom they might meet on the road noticed a custom house officer and any soldiers together, their design would immediately be suspected and warning would promptly be sent to the smugglers, who would hide their goods. he added, also, that he remembered on one occasion that a couple of vessels landed in the isle of thanet as much tea as could be loaded on the backs of two hundred horses. but it was when the ex-smugglers came to give their evidence that the real secrets of the trade were unfolded. robert hanning, who for years had been one of the most distinguished members of the industry, informed the commission that formerly he was the principal dealer with the smugglers when he resided at dunkirk. some idea of the colossal business which he had carried on may be gathered from his admission that he had sold teas, brandies, and wines to be run into england _to the extent of_ £ , _per annum_. and let us not forget to bear in mind that of course this probably represented the value of the goods when they were put on board. what they actually realised after they were smuggled into the english market must have been something considerable. hanning was followed by a certain captain joseph cockburn, who had a very instructive story to tell, which must have amazed even the commissioners. this gallant skipper was now commanding one of his majesty's sloops, but prior to that he had been engaged in privateering, and before that had commanded several vessels employed in smuggling. from his very infancy he had been concerned in the practice of running goods, and his apprenticeship had been served to a smuggler at rochester, who was nominally a fisherman. consequently, with an accumulated knowledge obtained first as a smuggler and subsequently as a pursuer of smugglers, there was not much, if anything at all, in connection with the work which could have missed his attention. he proved himself a veritable encyclopædia of smuggling information, and even the following brief summary will show that his experience was something exceptional. first of all, he instanced the case of five cutters which he knew were constantly employed in running tea and brandy from boulogne into kent and sussex. they imported at least six tons of tea and two thousand half-ankers of brandy _every week_. he estimated that the six tons of tea would be purchased abroad for £ . the two thousand half-ankers of brandy, even if they cost but ten shillings apiece, would represent the sum of £ ; so altogether there was a total of nearly £ being carried out of the country in specie every week by these five cutters alone. but he also knew of five other cutters which were constantly employed in fetching brandy and tea from middleburgh and flushing, and he reckoned that these ten cutters in the aggregate smuggled into the united kingdom each year goods to the value of £ , . possibly there was no living person who possessed so perfect and exact a knowledge of the smuggling trade, so we can have little reason to doubt for a moment the veracity of his figures. passing, then, to describe the methods employed by these men, he divided them into two classes. firstly, there were those adopted by the cutters and smacks which did little else than smuggle, and, secondly, there were the british ships which primarily carried on a legitimate trade to foreign parts. as to the first class, the practice of these cutters and smacks was to put to sea from whatever port to which they belonged--london, dover, rye, folkestone, or wherever it might be--having on board a small number of hands, their professed object being to fish. having stood some distance away from the land, they would be met during the night by a number of smaller craft, and under cover of darkness would take on board from the latter large crews, much merchandise, and a considerable amount of money. the smaller craft rowed or sailed back to the beach before daylight, and the bigger craft, now well supplied with men, money, and merchandise, stood on their course for some dutch or french port. there they purchased such goods as they required, disposed of those which they had brought, and again set sail for home. the vessel was again met at a convenient distance from the english shore by smaller boats if a favourable signal had been flashed from the land; and, using the darkness of the night, once more both the cargo and the supernumerary men were put into the boats, after which the latter ran the stuff ashore in casks already slung and in bales, while the smack headed for her harbour whence she had set out. as she had just the same small crew as before no suspicions were aroused, and it was presumed she had been out fishing. but additional to these comparatively large vessels there were smaller craft--open boats, yawls, and little sloops--which in fine weather were wont to run across from the south coast of england to boulogne, guernsey, and from the west of england to the isle of man. they also loaded up with as much cargo as they could carry, and, since they were able to be beached, the process of discharging their contents as soon as they returned was much simpler. these smaller craft also were in the habit of running out well clear of the land and meeting dutch vessels, from which they would purchase similar kinds of goods and run them in by the usual methods. in these lesser craft were frequently carried a great many stones, anchors, and heavy weights by means of which the half-ankers of brandy could be sunk near the shore and afterwards taken up as required. the exact way in which this was done we shall discuss fully in a later chapter. some of the cobbles, "hovelings," and small fishing craft that were accustomed to run out to big sailing merchantmen under pretence of shipping pilots to take them into the next port, were actually engaged in smuggling all sorts of goods out of these ships. perhaps it was a lurking sympathy with the men engaged in a trade with which his earlier years had been so intimately associated that made captain cockburn suggest that it was because the dutchmen brought such large quantities of fish into billingsgate that the english fishermen found their work unprofitable, and were accordingly driven to devote themselves to smuggling. but from evidence in other documents it would certainly seem that cockburn was speaking the truth and that the fishing industry was not a very good livelihood at that time. then, secondly, there was the smuggling that was carried on by the trading sailing ships from abroad. great quantities of goods were being run into the country by colliers--they were usually brig-rigged--by corn-ships, packet-boats from the continent and other vessels trading with holland. at least, one thousand five hundred vessels were engaged in this trade, "and," added cockburn, "he scarcely ever knew one of them return without some prohibited or high duty goods." the smuggling from these vessels was done in various ways. there were the pilot-boats and fishing craft which frequently met them near the coast, as already explained. another way was for the merchantmen to put into harbours, roadsteads, and rivers, where they lay at anchor under pretence of waiting for orders. another method still, that was as simple as it was successful, consisted of landing their goods at outports on such holidays as the king's birthday, &c., when the revenue officers were absent. cockburn admitted that he had done this himself and had run great quantities of brandies, teas, and spanish liquorice even as much as nearly a ton of the latter at a time. but besides these two classes there was a third. the whole of the coasting trade in those days was of course done in sailing ships; and inasmuch as there were no railways for carrying merchandise there was a good deal more encouragement for the sailing ship owner than there is to-day. the methods of smuggling adopted by these coasters was a little more complicated, and this was done by such means as fraudulently obtaining permits, by cockets clandestinely obtained, by false entry of one sort of goods for another, and by corrupting the customs' officers. to prove his case the captain gave the following examples, _all of which he had himself employed since the year !_ as regards the obtaining of permits fraudulently, he said that he had gone to dunkirk, taken aboard gallons of french brandy and cleared for north bergen in norway. of course he had no intention whatever of steering for that port, but in case he met any of the custom house sloops as he approached the english coast, it would be convenient to show this clearance and so prevent his brandy being seized. from dunkirk, then, he sailed across the north sea and ran up the river humber. there, by previous arrangement, one of those keels which are so well known in the neighbourhood of the humber and trent met him. the keel had been sent from york down the ouse with permits to cover the brandy. the keel was cleared by a merchant at york, who obtained permits for conveying to gainsborough a quantity of french brandy equal to that which cockburn had on board his ship, though in fact the keel, notwithstanding that she obtained these permits, set forth with no brandy in her at all. it was the point where the ouse crosses the trent at right angles that had been arranged as the trysting-place, and there the keel took on board from cockburn the brandy which had come from dunkirk. cockburn himself nailed the permits on to the heads of the casks, which in due course were taken by the keel, when the flood tide made again, to gainsborough some distance up the trent. arrived there the casks were properly taken into stock and entered in the custom house books as if the brandy had been actually brought down from york and had previously paid duty. on this one venture the garrulous skipper admitted that he cleared a profit by the brandy of £ per cent., which was a remarkably handsome reward for so short a voyage as from dunkirk. port wines, he said, were purchasable at dunkirk because these had been taken from english merchantmen by privateers; and since there was little or no market for such wines in spain they were brought into dunkirk, whither resorted the smugglers eager to buy them. he proceeded also to explain another method of cheating the customs. large quantities of very inferior british brandy were taken on board a ship and clearance was obtained for some other english port, but instead of proceeding to the latter the vessel would run across to dunkirk or holland, where she would unload the cheap brandy, and in its place take on board some high-priced french brandy equal in quantity to the british commodity which had been put ashore at the french port. after this, with now a much more valuable cargo, the vessel would put to sea again and make for that british port for which originally she had cleared. and as to the practice of bribery, he himself had several times bought permits from the excise officers to cover smuggled brandy and tea. on one occasion he had paid an officer fifty guineas for a permit to cover a certain quantity of tea and brandy about to be run into the country. next came captain ebenezer hartley, who had also formerly commanded a ship that was engaged in smuggling. he had known of large quantities of muslins and silks brought into the country on board east indiamen. these goods were smuggled by throwing them through the port-holes at night into boats waiting below, alongside the ship, or whilst the custom officer was being entertained on board with food and drink. sometimes, he said, this was even done under the very eyes of the revenue officer, who took no notice of it. he recalled an incident in an earlier part of his life when he had sailed from england to holland, in which country he had filled up with twenty-six casks of oil. after that his orders were to cross the north sea and meet a certain vessel which would await him off aldborough. this last-mentioned craft would give hartley's vessel the signal by lowering her jib three times. a more tragic story was related by george bridges, a tidesman of the port of london. he showed that it did not always "pay" to be diligent in one's duty, for he quoted the case of a captain mercer, in the employ of the custom house, who did now and then make a seizure, but he "was broke for doing his duty"; and when mercer came into cork on the occasion in question, the mob set upon him so that he was compelled to escape into the sheriff's house. the mob then surrounded the house in their thousands until the sheriff interceded with them. they were wild with fury and threatened to pull the house down, until the sheriff gave them his oath that captain mercer should never again be guilty of seizing the wool which the smugglers had endeavoured to export. but the mob afterwards went to passage and took hold of a custom house officer named may. they brought him forth from his house, cut out his tongue, and cut off his ears, one of which the witness said he remembered seeing nailed on to the cork exchange. they dragged the man with a rope round his neck, gave him several blows, hurled him into the river, and finally the poor fellow died of his ill-treatment. although handsome rewards were offered for the discovery of the offenders, yet no one ever came forward. one could quote similar instances of the vehemence of the smugglers from other sources. for instance, on february , - , the collector of the port of penzance wrote to the board to give them some idea of the people among whom he had to work. "the insolence," he said, "of some of the smuglers [_sic_] and wreckers in this neighbourhood is run to such a heighth, that tho our officers have from time to time secured severall hogsheads, it has been by force taken from them [again], 'and the officers forced to save their lives.'" writing again on the th december, the same correspondent added that "the smugglers never behaved with more insolence than at present, or was it ever known to be carried on with more audaciousness," mentioning also that the previous night the snow[ ] _squirrel_ of north yarmouth had driven ashore loaded with a cargo of brandy. the country-folk had immediately boarded her, stripped the master of everything valuable, and then carried off all the brandy they could lay their hands on, and, in their haste, had set fire to the rest of the cargo, so that at the time of writing the whole ship was in flames. he mentioned also a couple of months later the difficulty he had to secure arrests of smugglers, for even when he had obtained warrants for the apprehension of eight most notorious men, the constables excused themselves from doing their duty in serving the warrants, and pretended that the eight men had absconded. and anyone who cares to examine the treasury books and papers for this period will find similar cases. in july of some smugglers had seized the custom house boat at dover and coolly employed her for their own purposes in running tea. the custom officers deemed matters to be in such a state that they begged that a man-of-war might be stationed on that coast to prevent smuggling. similarly in january of - , during a skirmish near arundel between the preventive men assisted by some dragoons against a band of smugglers, the latter had wounded three of the soldiers and carried off an officer and two other dragoons on board the smugglers' cutter. this was no unique occurrence, for sometimes the contraband runners, when infuriated, captured the would-be captors, hurried them out to sea, and then, having bound the unfortunate victims with a bit of spare rope and having tied a piece of ballast to their live bodies, they would be hurled overboard into the sea, and the soldier or preventive man would never be seen or heard of again unless his lifeless body were cast upon the beach. at folkestone, about this time, three men were carried off by the smugglers in trying to effect an arrest, and the supervisor at colchester had been also carried off, but afterwards he had been released on promising not to mention the smugglers' names. it was bad enough, therefore, for the revenue men when they had the assistance of the dragoons, but it was infinitely worse when they had to contend alone. there is an almost pathetic petition from the folkestone riding-officers sent on new year's day - , begging for military assistance against the smugglers, as although there were soldiers stationed at dover yet they were unobtainable, since they refused to march more than five miles. and it was just as bad, if not worse, about this time in the isle of man, for the latter's inhabitants consisted almost exclusively of smugglers and their families, some of whom had long since been outlawed from england and ireland. so rich and prosperous, indeed, had these manxmen become by means of smuggling that they were recognised with a degree of importance which was almost ludicrous. the two deemsters (or deputy-governors) of the island even countenanced and protected the men, who would often assemble together to scheme and drink to the damnation of his britannic majesty. unhindered in their nefarious work, able to obtain all the cargo they required from france and the channel isles; able, too, to run their contraband into the west of england, they waxed exceedingly independent and wealthy. at douglas they had built themselves a good quay for the shelter of their ships and for convenience in landing their cargoes, the only drawback being that the harbour dried out at low water. it happened that on the th of june , that captain dow, commanding h.m. cruiser _sincerity_[ ] was, according to the orders received from the board of customs, on duty in douglas roads. a notorious irish smuggling wherry came in from ireland and ran under the _sincerity's_ stern, while the smugglers "with opprobrious, treasonable, and abusive language abused his majesty king george and all that belonged to or served under him." this, of course, was too much for any naval officer to endure, and captain dow immediately caused the ship to come alongside, and, after being rummaged, she was found to have concealed in a jar of butter-milk twenty-five english guineas tied up in a bag. there were also papers on board which proved that this money was to be expended in the purchase of brandies and tea, &c., and that, having obtained these articles, she was then to return to ireland. the english captain therefore promptly seized both money and papers. on the same day that this incident occurred a dutch dogger[ ] also came into douglas roads loaded with prohibited goods from holland. as soon as he had noticed her come to anchor dow sent his boat to board her with his mate and six men, and to examine and see if she had the prohibited goods on board which were suspected. if she had, then she was to be seized. at the same time dow had requested mr. sidebotham, his majesty's officer in the isle of man, to cast off the _sincerity's_ headfast and sternfasts from the shore. but thereupon a riotous and angry mob, fearing that the cruiser should be able to get under weigh and seize the dutch dogger, refused to allow sidebotham to let go the ropes. armed with bludgeons, muskets, swords, and stones they rushed down on to the quay, and did all they could to force the cruiser on shore by aiming showers of stones at the cruiser's men and restraining sidebotham in his endeavour to help the _sincerity_. they even carried the latter away by force, and beat and bruised him in the most brutal manner. captain dow, realising that the intention of the mob was to get the _sincerity_ stranded, determined to cut his cable and exhorted them in his majesty's name to disperse, to which they paid not the slightest attention except to send more showers of stones on to the cruiser's decks. seeing from afar what was happening, the mate and six men who had been sent to board the dogger now returned to the _sincerity_. whereupon the dogger, perceiving her chance, promptly got under way. as the crowd on shore still continued to pelt his ship with stones and had already wounded two of his crew, the cruiser's commander fired amongst them. for a time, at least, this dispersed them, and so dow was able to get his vessel clear. he immediately proceeded to follow the dutch dogger, and chased her until she had, perforce, to run herself on to the sands at ramsey to the north of the island. determined not to be beaten, dow now sent his mate and ten men on board her, seized her, and marked her in several places with the sign of a broad arrow to denote her capture. [illustration: "dow sent his mate and ten men on board her."] but when the mate came to open the hatches several of the islanders who had been secreted on board, with the assistance of two boat-loads of armed men who had rowed off from the shore, seized the mate and his men, and threatened that if they resisted they would kill them. being completely overpowered, the eleven naval men were compelled to yield and be carried ashore, where they were shut up in cellars and finally carried down to castletown castle. meanwhile, the smugglers set to work on the dogger's cargo and landed it safely. a few days later six of the eleven were released, but the other five were detained until captain dow should refund the twenty-five guineas he had seized from the irish wherry. in order to give him a fright they also sent word that the five men should be tried before one of their courts of judicature on the following thursday, were he to fail to send the money. as the captain declined to accede to their demands, the five prisoners were on july brought up and remanded till a month later. finding it was impossible to obtain their release the commander of the _sincerity_ weighed anchor and ran back to ramsey to take in the six released men, and then, sailing away to whitehaven, arrived at that place on the th of july. we need not say more. the story is sufficient to indicate the utter state of lawlessness which prevailed there. peopled by outlaws and by the scum of france, holland, ireland, scotland, and england, they were a pretty tough proposition. their violence was rivalled only by their impudence; and fleets of wherries[ ] would sail in company into ireland and scotland loaded with cargoes of cheap brandy, which had been brought from holland for that purpose. as a means of checking these manx smugglers it was suggested that the english government should employ a number of tenders in this neighbourhood, since they drew less water than the sloops-of-war and so would be more useful for a locality that was not well supplied with deep harbours. moreover, these tenders would be well able to take the ground in the harbours which dried out. such craft as the latter were of about tons, mounted twelve to fourteen carriage guns, and were manned by a captain, second officer, two mates, two quartermasters, a gunner, a boatswain, carpenter, surgeon, and forty seamen. from the south-east corner of england came reports not much better. just before the close of the year the surveyor at margate and his men were out on duty along the coast one night when five of them came upon a gang of about twenty-five smugglers. an encounter quickly ensued, and as the latter were well armed they were, by their superior numbers, able to give the officers a severe beating, especially in the case of one unfortunate "whose head is in such a miserable condition that the surveyor thought proper to put him under the care of a surgeon." both this surveyor and the one at ramsgate asserted that the smugglers were accustomed to travel in such powerful gangs, and at the same time were so well armed, that it was impossible to cope with them, there being seldom less than thirty in a gang "who bid defiance to all the officers when they met them." on the th april , the collector and controller of the customs at sandwich wrote to the board: "we further beg leave to acquaint your honours that yesterday about four o'clock in the afternoon a large gang of near smuglers [_sic_] with several led horses went thro' this town into the island of thanet, where we hear they landed their goods, notwithstanding that we took all possible care to prevent them. "_p.s._--this moment we have advice that there is a gang of smugglers more at st. peter's in the isle of thanet." seven months later in that year, at nine o'clock one november morning, a gang of smugglers managed to land some valuable cargo from a couple of cutters on to the sandwich flats. several revenue officers were despatched into the country for the purpose of meeting with some of the stragglers. the officers came into collision with a party of these men and promptly seized two horse-loads of goods consisting of five bags of tea and eight half-ankers of wine. but they were only allowed to retain this seizure for half-an-hour, inasmuch as the smugglers presently overpowered the revenue men and wrested back their booty. the preventive men were also considerably knocked about, and one of them had his thumb badly dislocated. the officers declared that they knew none of the people, the latter being well supplied not with firearms but with great clubs. a fortnight later, just a few miles farther along the coast, a gang of smugglers succeeded in landing their goods at reculvers near birchington; and ten days later still another gang of the same size was able to land their goods near kingsgate, between the north foreland and margate. but it cannot be supposed that the revenue officers were not aware of the approach of these incidents. the fact was that they were a little lacking in courage to face these problems on every occasion. indeed, they were candid enough to admit that they dared not venture near these ruffians "without the utmost hazard of their lives." but the riding-officers were not solely to blame, for where were the custom house sloops? how was it they were always absent at these critical times? indeed, the collector and controller informed the commissioners that not one of these sloops had been seen cruising between sandwich and reculvers for some months past. this complaint about the cruisers was made in march , and in that same month another gang, two hundred strong, appeared on the coast, but this time, after a smart encounter, the officers secured and placed in the king's warehouse a ton of tea as well as other goods, and three horses. a day or two later a gang of smugglers threatened to rescue these goods back again. the property formed a miscellaneous collection and consisted of fifty pieces of cambric, three bags of coffee, some flemish linen, tea, clothes, pistols, a blunderbuss, and two musquetoons. to prevent the smugglers carrying out their intention, however, a strong guard was formed by an amalgamation of all the officers from sandwich, ramsgate, and broadstairs, who forthwith proceeded to margate. in addition to these, it was arranged that commodore mitchell should send ashore from the downs as many men as he could spare. this united front was therefore successful, and for once the smugglers were overmatched. and but for a piece of bad luck, or sheer carelessness, a couple of years later a smart capture might well have been brought about. it was one day in august when the officers had received information that a gang of twenty men and horses had appeared near reculvers to receive goods from a cutter that was seen to be hovering near the coast. the smugglers on shore were cute enough to locate the officers, and by some means evidently signalled to the cutter, for the latter now put to sea again and the gang cleared off. although for some time after this incident both officers and dragoons patrolled the coast in the neighbourhood no one was ever fortunate enough to gather information either as to the cutter or the people who had vanished into the country with such rapidity. and yet in spite of the very numerous sympathisers which these illicit importers possessed, yet of course there were some individuals who were as much against them as any officer of the customs. in the neighbourhood of plymouth legitimate trade had suffered a great deal owing to these practices. the mayor, aldermen, and merchants of saltash were at last compelled to send a memorial to the lords of the treasury complaining that in the rivers adjacent to that place there were several creeks and inlets which were being made of considerable use by the smugglers for landing their goods. especially was this the case up the river tamar, and all this had been and was still "to the great prejudice of the fair traders and merchants." they pointed out that a great deal of it consisted of clandestine running from ships in the sound, hamoaze, and other anchorages round about there. large quantities of french linings, wines, and brandies were being run ashore with impunity and speedily sold in the adjacent towns or conveyed some distance into devonshire. the mayor therefore begged the treasury for three additional custom officers consisting of an inspector of roads and two tide-waiters to be established at saltash, but the treasury could not see their way to grant such a request. but in other parts of the country the roads were kept carefully watched to prevent goods being brought inland. the coaches which ran from dover to london with passengers who had come across from the continent were frequently stopped on the highway by the riding-officers and the passengers searched. harsh as this mode of procedure may seem to us to-day, yet it was rendered necessary by the fact that a good many professional carriers of contraband goods were wont to travel backwards and forwards between england and abroad. some years later, for example, when the dover coach was stopped at "the half-way house," a foreigner, who was travelling by this conveyance and had been able to evade the customs' search at dover, was found to be carrying two gold snuff-boxes set with diamonds, four lockets also set with diamonds, eighteen opals, three sapphires, eight amethysts, six emeralds, two topazes, and one thousand two hundred torquoises--all of which were liable to duty. and thus the illegal practices continued all round the coast. from devonshire it was reported that smuggling was on the increase--this was in the autumn of --and that large gangs armed with loaded clubs openly made runs of goods on the shore, the favourite _locale_ being torbay, though previously the neighbourhood of lyme had been the usual aim of these men who had sailed as a rule from guernsey. all that the collector could suggest was that an "impress smack" should be sent to that district, as he promised that the notorious offenders would make excellent seamen. there was an interesting incident also off the north-east coast of england, where matters were still about as bad as ever. we referred some pages back to the capture of a dutch dogger off the isle of man; we shall now see another of these craft seized in the north sea. captain bowen of the sloop _prince of wales_, hearing that the dogger _young daniel_ was running brandy on the coast near to newcastle, put to sea in search of her. he came up with a number of those cobbles--open boats--which are peculiar to the north-east coastline, though at one time they were used as far south as great yarmouth. the cobbles which he was able to intercept had just been employed in transferring the contraband from the dogger to the shore. bowen captured one of these small craft with a dozen casks aboard. another was forced ashore and secured by the land officers. meanwhile, the dutchman stood out to sea so that he might be able to draw off the spirits from large casks into smaller ones, which were the better fitted for running ashore. it was found afterwards that he had large numbers of these lesser casks, and during that evening she put about and crept stealthily in towards the shore again until she approached within about a mile of the mouth of the tees. her intention was to run the rest of her cargo under cover of darkness, and her skipper had arranged for large numbers of men to be on that coast ready to receive and carry off these casks. but bowen was determined to head her off this project. an exciting chase followed, during which--to quote an official report of the time--the dogger did her best "to eat the sloop out of the wind," that is to say sailed as close to the wind as she could travel in the hope of causing her adversary to drop to leeward. for seven hours this chase continued, but after that duration the _prince of wales_ captured the _young daniel_ eight leagues from the shore. this is not a little interesting, for inasmuch as the chase began when the dogger was a mile from the mouth of the river, the vessels must have travelled about statutory miles in the time, which works out at less than - / miles an hour. not very fast, you may suggest, for a revenue cutter or for the dutchman either. but we have no details as to the weather, which is usually bad off that part of the coast in february (the month when this incident occurred), and we must remember that the doggers were too bluff of build to possess speed, and the time had not yet arrived when those much faster revenue cutters with finer lines and less ample beam were to come into use. footnotes: [ ] a snow was a vessel with three masts resembling the main and foremast of a ship with a third and small mast just abaft the mainmast, carrying a sail nearly similar to a ship's mizzen. the foot of this mast was fixed in a block of wood or step but on deck. the head was attached to the afterpart of the maintop. the sail was called a trysail, hence the mast was called a trysail-mast. (moore's _midshipman's vocabulary_, .) [ ] it was the frequent custom at this time to speak of sloops as cruisers. [ ] a dogger was a two-masted dutch fishing-vessel usually employed in the north sea off the dogger bank. she had two masts, and was very similar to a ketch in rig, but somewhat beamy and bluff-bowed. [ ] these, of course, were not the light rowing-boats of the kind that were in use on the thames and elsewhere. the term wherry was applied to various decked fishing-vessels belonging to england, ireland, and the isle of man. chapter v the hawkhurst gang we come now to consider the desperate character of a band of men who rendered themselves for all time notorious in the domestic history of our country by acts of unbridled violence and consummate cruelty. but before we proceed to relate as fully as our limited space will allow the details of these incidents, it is necessary to remind ourselves once again of the great, solid mass of sympathy, both active and passive, that was always at the back of the smugglers. without this such daring runs by night could never have occurred: doubtful of the assistance which could be whole-heartedly given by the people on shore, the seafaring men would never have dared to take such enormous risks of life and goods. not merely did the villagers come down to the shore to help to bring the goods inland, not only did they lend their horses and carts, but they would tacitly suffer the smugglers to hide casks of spirits in wells, haystacks, cellars, and other places. in cornwall, for instance, fifty-five tubs of spirits were found concealed in a well, over the top of which a hay-stack had been built. this was near falmouth, one of the most notorious of the smuggling localities. and there is actual record of at least one instance where the natives charged a rent of a shilling a tub for stowing away the smuggled goods. in another county a cavern had most ingeniously been hollowed out under a pond big enough to hold a hundred casks, the entrance being covered over with planks carefully strewed with mould. so clever and original was this idea that it was never discovered for many years. but the most notorious, the most formidable, and certainly the most abominably cruel gang of smugglers which ever achieved notice was the hawkhurst contingent. the "hawkhurst gang," as they were known, were a terror to whatever law-abiding citizens existed in the counties of kent and sussex. they feared neither custom officers nor soldiery, they respected neither god nor man, and in the course of attaining their aims they stopped at no atrocity nor brooked any interference from anyone. by the year smugglers had become so daring and committed such terrible crimes that the only course left open for decent people was to band together in mutual protection. the inhabitants of one locality joined together under the title of the "goudhurst band of militia," their leader being a man named sturt, a native of goudhurst, who had recently obtained his discharge from the army. but this union became known to the smugglers, who waylaid one of the militia, and by means of torture the whole of the defenders' plans were revealed. after a while he was released and sent back to inform the militia that the smugglers on a certain day would attack the town, murder all its inhabitants, and then burn the place to the ground. the day arrived and both forces were prepared. sturt had gathered his band, collected fire-arms, cast balls, made cartridges, and arranged entrenchments, when, headed by one thomas kingsmill, the hawkhurst gang appeared in order to make the attack. but after a smart engagement in which three were killed and many wounded, the smugglers were driven off, whilst others were captured and subsequently executed. kingsmill escaped for a time, and became the leader of the famous attack on the poole custom house in october . another of the gang was named perin and belonged to chichester. perin was really a carpenter by trade, but after being afflicted with a stroke of the palsy, he became attached to the smugglers, and used to sail with them to france to purchase goods that were to be smuggled, such as brandy, tea, and rum. now in september of perin went across the channel in a cutter called _the three brothers_, loaded up with the above commodities, and was approaching the english coast when he was met with a rebuff. for captain william johnson, who held a deputation from the customs to seize prohibited goods, got to know of perin's exploit, and on the nd of this month, whilst cruising in the poole revenue cutter, sighted _the three brothers_ to the eastward of poole. whereupon the smuggler began to flee, and, running before the wind, fled to the n.n.w. from five in the afternoon till eleven at night the revenue cutter, with every stitch of canvas set, chased her, and after firing several shots caused her to heave-to. johnson then boarded her, and found that the tea was in canvas and oil-skin bags, but perin and the crew of six had escaped in _the three brothers_ boat. however, johnson captured the cutter with her cargo and took the same into poole. the two tons of tea, thirty-nine casks of brandy and rum, together with a small bag of coffee, were conveyed ashore and locked up safely in the poole custom house. such was the introduction to the drama that should follow. enraged at their bad luck, the smugglers took counsel together. they assembled in charlton forest, and perin suggested that they should go in a body and, well-armed, break open the poole custom house. so the next day they met at rowland's castle with swords and firearms, and were presently joined by kingsmill and the hawkhurst gang. till night had fallen they secreted themselves in a wood, and eventually reached poole at eleven o'clock at night. two of their members were sent ahead to reconnoitre, and reported that a sloop-of-war lay opposite to the quay, so that her guns could be pointed against the doors of the custom house; but afterwards it was found that, owing to the ebb-tide, the guns of the sloop could not be made to bear on that spot. the band, numbering about thirty, therefore rode down to spot, and while perin and one other man looked after their horses, the rest proceeded to the custom house, forced open the door with hatchets and other implements, rescued the tea, fastening packages of the latter on to their horses, with the exception only of lbs. the next morning they passed through fordingbridge in hampshire, where hundreds of the inhabitants stood and watched the cavalcade. now among the latter was a man named daniel chater, a shoemaker by trade. he was known to diamond, one of the gang then passing, for they had both worked together once at harvest time. recognising each other, diamond extended his arm, shook hands, and threw him a bag of tea, for the booty had been divided up so that each man carried five bags of lbs. [illustration: _a representation of ye smugglers breaking open ye_ king's _custom house at poole_.] after the poole officers discovered what had happened to their custom house, there was not unnaturally a tremendous fuss, and eventually the king's proclamation promised a reward for the apprehension of the men concerned in the deed. nothing happened for months after, but at last diamond was arrested on suspicion and lodged in chichester gaol. we can well imagine the amount of village gossip to which this would give rise. chater was heard to remark that he knew diamond and saw him go by with the gang the very day after the custom house had been broken open. when the collector of customs at southampton learned this, he got into communication with the man, and before long chater and mr. william galley were sent with a letter to major battin, a justice of the peace for sussex. galley was also a custom house officer stationed at southampton. the object of this mission was that chater's evidence should be taken down, so that he might prove the identity of diamond. on sunday february , then, behold these two men setting out for chichester. on the way they stopped at the white hart inn, rowland's castle, for refreshment. but the landlady suspecting that they were going to hurt the smugglers, with the intuition of a woman and the sympathy of a mother decided to send for two men named jackson and carter. for this mrs. paine, a widow, had two sons herself, who though nominally blacksmiths were in fact smugglers. jackson and carter came in, to whom the widow explained her suspicions, and these two men were presently followed by others of the gang. before very long they had got into conversation with galley and chater, and plied them with drink, so that they completely gave away the nature of their mission, and after being fuddled and insulted were put to bed intoxicated. after a while, they were aroused by jackson brutally digging his spurs on their foreheads and then thrashing them with a horse-whip. they were then taken out of the inn, both put on to the same horse, with their legs tied together below the horse's belly. they were next whipped as they went along, over the face, eyes, and shoulder, till the poor victims were unable to bear it any longer, and at last fell together, with their hands tied underneath the horse, heads downwards. in this position the horse struck the head of one or the other with his feet at every step. afterwards the blackguardly tormentors sat the two men upright again, whipped them, and once more the men fell down, with heels in air. they were utterly weak, and suffering from their blows. [illustration: mr. galley and mr. chater put by ye smugglers on one horse near rowland castle _a. steele who was admitted a kings evidence b. little harry. c. iackson d. carter e. downer. f. richards. . mr. galley. . mr. chater._] [illustration: galley and chater _falling off their horse at_ woodash draggs their heads on the ground, while the horse kicks them as he goes; the smugglers still continuing their brutish usage.] we need not enlarge upon the details, some of which are too outrageous to repeat. after a while they thought galley was dead, and laid him across another horse, with a smuggler each side to prevent him falling. they then stopped at the red lion, at rake, knocked up the landlord, drank pretty freely, and then taking a candle and spade dug a hole in a sand-pit where they buried him. but at a later date, when the body was exhumed, it was seen that the poor man had covered his eyes with his hands, so there can be little doubt but that galley was buried alive. as for chater, they delayed his death. throughout monday they remained drinking at the red lion, discussing what to do with him, chater being meanwhile kept secured by the leg with an iron chain, three yards long, in a turf-house. at dead of night they agreed to go home separately so that the neighbours might not be suspicious of their absence. on wednesday morning they again repaired to the red lion, after having left chater in the charge of two of their number. then, having discussed what should be done with chater, some one suggested that a gun should be loaded with two or three bullets, and after having tied a long string to the trigger, each member of the gang should take hold of the string together, and so become equally guilty of the poor man's death. but this idea was unwelcomed, as it was thought it would put chater too quickly out of his sufferings. meanwhile, chater was visited at various times, to receive kicks and severe blows, and to be sworn at in the vilest and most scurrilous language. [illustration: chater chained in ye turff house at old mills's cobby, kicking him & tapner, cutting him cross ye eyes & nose, while he is saying the lords prayer. several of ye other smugglers standing by.] one of the gang now came up to him, and uttering an oath, brandishing aloft a large clasp-knife, exclaimed: "down on your knees and go to prayers, for with this knife i will be your butcher." terrified at the menace, and expecting momentarily to die, chater knelt down on the turf and began to say the lord's prayer. one of the villains got behind and kicked him, and after chater had asked what they had done to galley, the man who was confronting him drew his knife across the poor man's face, cut his nose through, and almost cut both his eyes out. and, a moment later, gashed him terribly across the forehead. they then proceeded to conduct him to a well. it was now the dead of night, and the well was about thirty feet deep, but without water, being surrounded with pales at the top to prevent cattle from falling in. they compelled him to get over, and not through these pales, and a rope was placed round his neck, the other end being made fast to the paling. they then pushed him into the well, but as the rope was short they then untied him, and threw him head foremost into the former, and, finally, to stop his groanings, hurled down rails and gate-posts and large stones. [illustration: chater hanging at the well in lady holt park, the bloody villains standing by.] [illustration: the bloody smugglers flinging down stones after they had flung his dead body into the well.] i have omitted the oaths and some of the worst features of the incident, but the above outline is more than adequate to suggest the barbarism of a lot of men bent on lawlessness and revenge. drunk with their own success, the gang now went about with even greater desperation. everybody stood in terror of them; custom officers were so frightened that they hardly dared to perform their duties, and the magistrates themselves were equally frightened to convict smugglers. consequently the contraband gangs automatically increased to great numbers. but, finally, a reward of £ was offered by the commissioners of customs for the arrest of everyone of the culprits, and as a result several were arrested, tried, convicted, and executed. the murderers were tried at a special assize for smugglers held at chichester, before three judges, and the seven men were sentenced to death. william jackson died in prison a few hours after sentence. he had been very ill before, but the shock of being sentenced to death, and to be hung afterwards in chains and in ignominy, rapidly hastened his death, and relieved the executioner of at least one portion of his duty. he had been one of the worst smugglers in his time, and was even a thief among thieves, for he would even steal his confederates' goods. between the sentence and the hour for execution a man came into the prison to measure the seven culprits for the irons in which their bodies were subsequently to be hung by chains. and this distressed the men more than anything else, most of all jackson, who presently succumbed as stated. mills, senior, had gradually been drawn into the smuggling business, though previously he had been quite a respectable man. after giving up actual smuggling, he still allowed his house to be used as a store-place for the contraband goods. his son, richard, also one of the seven, had been concerned in smuggling for years, and was a daring fellow. john cobby, the third of the culprits, was of a weaker temperament, and had been brought under the influence of the smugglers. benjamin tapner was especially penitent, and "hoped all young people would take warning by his untimely fate, and keep good company, for it was bad company had been his ruin." william carter complained that it was jackson who had drawn him away from his honest employment to go smuggling, but john hammond was of a more obdurate nature, and had always hated the king's officers. according to the testimony of the rev. john smyth, who visited them in gaol, all the prisoners received the holy communion at ten o'clock, the morning after being sentenced to death. all the prisoners except the two mills admitted that they deserved the sentence, but all the surviving six acknowledged that they forgave everybody. on january , - , they were executed. the two mills were not hung in chains, but having neither friend nor relation to take them away their bodies were thrown into a hole near the gallows, into which also was placed jackson's body. carter's body was hung in chains on the portsmouth road, near rake; that of tapner on rook's hill, near chichester; those of cobby and hammond on the sea coast near selsey bill; so that from a great distance they could be observed across the sea by the ships as they went by east and west. later on, john, the brother of richard mills, and one of the gang, was also arrested. when the above three judges were travelling down to chichester for the trial of the seven men, john had intended waylaying their lordships on hind heath, but his companions had refused to support him. but soon after his father's and brother's execution he met with a man named richard hawkins, whom he accused of having stolen two bags of tea. hawkins denied it, and was brutally and unmercifully thrashed to death in the dog and partridge inn at slindon common, his body being afterwards carried a dozen miles, thrown into a pond, with stones attached, and then sunk. john mills was convicted and hanged at east grinstead, and afterwards remained hanging in chains on slindon common. other members of the gang were also arrested, tried at the same assizes as highwaymen, and then executed. * * * * * later on, two of the smugglers who had given evidence against the men that were hanged at chichester, gave information also, which led to the arrest of kingsmill, perin, and two others who had been concerned in breaking open the poole custom house. kingsmill, perin, and one other were hanged at tyburn in april of ; the other man, however, was pardoned. thus at length this dreaded hawkhurst gang was broken up. chapter vi the revenue cruisers we drew attention some time back to the assistance occasionally rendered by soldiers when the riding officers were about to arrest smugglers. early in the year , or about the close of , thomas carswell, one of the revenue officers stationed at rye, was murdered, and a corporal and three dragoons whom he had taken to his assistance were badly wounded, and a large quantity of tea that had been seized was rescued. it was after this incident that revenue officers of this port--perhaps the most notorious of all the south-east smuggling territory--were ordered that in future when they went forth to make seizures they were to have with them an adequate military force, and to this end they were to make previous arrangements with the commanding-officer of the forces in that district. but in spite of the seizures which the officers on land from time to time effected, and notwithstanding the shortcomings of the custom house cruisers in regard to speed, and the frequent negligence of their commanders, it still remains true that these cutters and sloops, at any rate until about the year (when the coastguard service was instituted) continued to be the principal and the most important of all the machinery set in motion against the smugglers. we have seen this service in working order as far back as the year , at any rate, when the fleet consisted of only hired vessels. we have also seen that they were employed in sufficient numbers all round the coast, and that the customs authorities, not content merely to hire such vessels, also presently obtained some of their own. it is possible that the smacks were used for such service even before the date --perhaps very soon after charles came to the throne--but there are no existing records of this to make the matter certain. the revenue preventive work, in so far as the cruisers were employed, was carried on by a mixed control, and embraced six separate and distinct types:-- . there were the english custom house smacks, cutters, and sloops, some of which were hired vessels: others were actually owned by the english customs board. . there were the english excise cruisers, which were controlled by the english excise board. they appeared to be very similar to the craft in the first class. . there were the scottish customs cruisers, under the control of the scottish customs board. the official at the head of these was known as the agent for yachts. . there were the scottish excise cruisers, controlled by the scottish excise board. . there were the irish revenue cruisers, controlled by the irish customs and excise. . and lastly, there were these vessels of the royal navy which were employed to assist the revenue, such vessels consisting of ships of the fifth-rate, sixth-rate, and especially the armed sloops. in the present volume it has been necessary, owing to the limits of our space, to restrict our consideration of cruisers chiefly to the most important of these, viz. those of the english custom house and those of the royal navy. under such a mixed rule it was obvious that many difficulties arose, and that the clashing of interests was not infrequent. for instance, between the english custom house cruisers and the english excise cruisers there was about as much friendship as there exists usually between a dog and a cat. similarly between the former and the naval cruisers there was considerable jealousy, and every display of that pompous, bombastic exhibition of character which was such a feature of the life of the eighteenth century, and the first years of the next. although the revenue cruisers were employed primarily and ordinarily for the purpose of protecting the revenue, yet from time to time they were mobilised for coast defence. on different occasions during the eighteenth century they were lent to the admiralty, and well supplied with men and arms in readiness for actual warfare. after the third quarter of the eighteenth century these revenue cruisers seem to have been built in greater numbers and with some improvement as to design, which, seeing that they had so frequently been left well astern by the smuggling cutters, was more than necessary. there was issued in november of , by the board of customs, an interesting letter that shows how closely these cruisers approximated to vessels of war, even when they were not under the jurisdiction of the admiralty. this letter was sent to the collector and controller at the different english customs ports, and began by referring to the fact that many applications had been made to the board asking permission to take out letters of marque. it will be remembered that this was a time when wars seemed to go on interminably, and there had been only a few brief intervals of peace ever since the anglo-dutch wars began. the commissioners replied that they had no objection to the commanders of the cruisers providing themselves with letters of marque, if done at the latter's own expense "during present hostilities": but the board declined to bear any part of the expense for any damages that might be sustained in an engagement where no seizure had been made and brought into port for a breach of the revenue laws, so long as a commander should continue to hold these letters of marque. it was, in fact, a basis of no cure no pay. each commander was, further, strictly enjoined not to quit his station and duty as a revenue officer "under pretence of looking for captures, it being our resolution to recall the permission hereby granted, as soon as it shall be discovered in any instance to be prejudicial to our service." but this war-like and semi-war-like service was entirely subservient to their ordinary work. it is evident from the correspondence of the customs board of this same year, , that their minds were very uneasy. the smugglers, far from showing any slackening, had become more active than ever. these men had, to quote the words of the commissioners, considerably increased the size and force of their vessels; they had also added to their number of both men and guns. they had become so violent and outrageous, they had acquired so much audacity as to "carry on their illicit designs in sight of the revenue cruisers," and "whenever they have appeared within a certain distance have actually fired into and threatened to sink them." in such cases as these, it was reported to the board, the mariners on board these cruisers have frequently refused to bear down and repel their attacks, explaining their conduct by saying that no provision was made for their support in case they received injury during these encounters. to meet such objections as these the board resolved to allow the sum of £ per annum to every mariner employed on board their cruisers who should lose a hand or foot, or receive any greater injury by firearms "or other offensive weapons of the smugglers while in the actual execution of their duty so as to disable them from further service; and we have also resolved to pay the surgeons' bills for such of the mariners as may receive slighter wounds." but it was stipulated that no allowance was to be paid unless certificates were produced from the commanders of these cruisers. and before we go any further with the progress of these cutters, let us afford actual instances of the kind of treatment which had led the board to make this allowance to its men. three years before the above resolution, that is to say on april , , captain mitchell was cruising in command of the revenue cutter _swallow_ in the north sea. off robin hood's bay he fell in with a smuggling cutter commanded by a notorious contraband skipper who was known as "smoker," or "smoaker." mitchell was evidently in sufficient awe of him to give him a wide berth, for the cruiser's commander in his official report actually recorded that "smoker" "waved us to keep off"! however, a few days later, the _swallow_, when off the spurn, fell in with another famous smuggler. this was the schooner _kent_, of about two hundred tons, skippered by a man known as "stoney." again did this gallant revenue captain send in his report to the effect that "as their guns were in readiness, and at the same time waving us to go to the northward, we were, by reason of their superior force, obliged to sheer off, but did our best endeavours to spoil his market. there [_sic_] being a large fleet of colliers with him." but that was not to be their last meeting, for on may , when off whitby, the _swallow_ again fell in with the _kent_, but (wrote mitchell) the smuggler "would not let us come near him." the following day the two ships again saw each other, and also on may , when off runswick bay. on the latter occasion the _kent_ "fired a gun for us, as we imagined, to keep farther from him." the same afternoon the _swallow_ chased a large lugsail boat, with fourteen hands in her, and supposed to belong to the _kent_. but the _swallow_ was about as timid as her name, for, according to her commander, she was "obliged to stand out to sea, finding that by the force they had in their boat, and a number of people on shore, we had no chance of attacking them with our boat, as they let us know they were armed, by giving us a volley of small arms." none the less the _swallow_ had also fourteen men as her complement, so one would have thought that this chicken-hearted commander would at least have made an effort to try conclusions. no doubt, the _kent_ was a pretty tough customer, and both skipper and his crew likewise. but there was something wanting in captain mitchell. for consider another of the latter's exploits. it was the last week of september of that same year, and the scene had again the yorkshire coast for its background. during the evening they espied what they rightly believed to be a smuggling cutter. they got as far as hailing her, but, as it was very dark, and the _swallow_ did not know the force of the cutter, mitchell "thought it most prudent to leave her," and so came to anchor in saltburn bay. but the smuggler had not done with this enterprising gentleman; so the next day the smuggler came into the bay, stood down under full sail, and came charging down on to the poor _swallow_, striking her on the quarter, the smuggler swearing terrible oaths the meanwhile, that if mitchell did not promptly cut his cable--it was the days of hemp, still--and hurry out of that anchorage, he would sink him. what happened, do you ask? of course the _swallow_ ought to have been under way, and should never have been lying there. she was acting contrary to the orders of the board. but what must we think of a captain who calmly awaits the on-coming of a smuggler's attack? why, so soon as the _swallow_ espied him approaching, did he not up anchor, hoist sails, and go to meet him with his crew at their stations, and guns all shotted? but even after this gross insult to himself, his ship, and his flag, was the commander of a revenue sloop to obey? [illustration: "came charging down ... striking her on the quarter."] yes--it is shameful to have to record it--mitchell did obey. true, he didn't cut his cable, but he soon tripped his anchor and cleared out as ordered. the poor _swallow_ had been damaged both as to her tail and her wings, for the smugglers had injured the stern, taken a piece out of the boom, and carried away the topping-lift. but evidently in those days the revenue service attracted into its folds men of the type of mitchell. take the case of captain whitehead of the revenue cruiser _eagle_. espying a smuggling vessel, he gave chase, and eventually came up with her, also off saltburn. whitehead hailed her, but the smuggler's skipper replied--one cannot resist a smile--"with a horrid expression," and called his men to arms. the smuggler then fired a volley with muskets, wounding one of the _eagle's_ crew. presently they also fired their swivel-guns, "on which captain whitehead thought it prudent to get away from her as fast as he could, the greatest part of his people having quitted the deck." the smuggler continued to fire at the retreating cruiser, and chased the _eagle_ for a whole hour after. the cutter turned out to be that which mitchell had encountered on april , , and her skipper was our friend "smoker" again. this smuggling craft was described as a stout cutter of tons, and a crew of upwards of forty men. she carried fourteen carriage guns, four three-pounders, as well as a great number of swivels. "smoker's" real name was david browning, and he was recognised by the _eagle's_ crew from his voice, which was familiar to several of them. during that affray the revenue cruiser received about twenty shot in her sails, about a dozen in her boat, and half as many in her fore-and main-mast. she also had her mizzen halyards shot away. from these details it would seem that she was dandy-rigged, that is to say, she had a mizzen or jigger in addition to her cutter rig, and on this jigger would be set a small lugsail as was the old custom. following on mitchell's meeting with the _kent_, we have a record belonging to july of that same year-- . this time a different result was to come about. for instead of acting single-handed, the sloops _prince of wales_ and the _royal george_--both being employed by the scottish excise board, aided by h.m.s. _pelican_ and _arethusa_--four of them--at last managed to capture this schooner. she was found to be armed with sixteen four-pounders and twenty swivel-guns, and also had a large stock of gunpowder, blunderbusses, and muskets. "stoney" was taken out of her, and he was said to be an outlaw whose real name was george fagg. the guns and ammunition were taken ashore and put in the king's warehouse at hull, and the crew of thirty-nine were placed on board the _arethusa_. among these prisoners were those who had murdered a dragoon the previous year, while the latter was assisting a custom officer at whitby. the arrest of these men was all the more interesting for a reward of £ for their capture had been long outstanding. the capture of the _kent_ had been effected as follows: the two excise cruisers were off st. abb's head on july , and hearing that the _kent_ had been seen off flamborough head they sailed south, and off filey fell in with her. on being hailed, the smuggler beat to quarters, shouting to the cruisers. "fire, you ----, and be ---- to you." the battle at once commenced and continued smartly for an hour, when the _pelican_ came up to give assistance to the two cruisers. the _kent_, big as she was, now used sweeps--it was reminiscent of the days of elizabethan galleasses--and drew away. however the _pelican_ (a frigate) overhauled her, and the _arethusa_ which had also come up gave valuable aid as well. the two naval captains allowed the cruisers to seize the _kent_, and to take her into hull, but the prisoners were put on board the _arethusa_ as stated. the _kent's_ master and four of the men had been killed. it should be added that the day before this incident the _pelican_ had also chased the _kent_ out of bridlington bay, so the smuggler must have come further north in the meanwhile, thus meeting the two scottish cruisers bound south. the hatches of the _kent_ were found to be unbattened, and her cargo in great disorder. the latter consisted of half-ankers, and a large amount of tea packed in oilskin-bags to the number of . this schooner had been built at that other famous home of smugglers, folkestone. she was specially rigged for fast sailing, her mainmast being feet long, and her main-boom feet. it was found that her sails were much damaged by shot. her mainmast was shot through in two places, and her main-boom rendered quite unserviceable. ship and tackle were appraised at £ , s., so with the addition of her cargo she represented a fair prize. but "smoker" was still at large even though "stoney" was a prisoner. it was in april of , when captain mitchell had fallen in with him off robin hood's bay. a month later the collector of hull wrote up to the board to say that a large lugger had been seen off whitby, and well armed. she was described as "greatly an overmatch" for any of the revenue cruisers, "or even for a joint attack of two of them": and that as long as she and the armed cutter commanded by browning, _alias_ "smoker" continued so daringly to "insult" the coasts, there was little prospect of success. for six months past the revenue cruisers had not been able to make any seizures, because these smuggling craft not only brought over vast quantities themselves, but protected the smaller ones from the attempts of the revenue cruisers. a year later, and we find that mitchell was every bit as slack as before. this is made quite clear from a letter which the collector of hull was compelled on november ( ) to write. in this epistle he informs mitchell that either he or his mate, one of them, must remain on board the _swallow_ at night, when lying in the humber. for it appeared that two days earlier both were ashore. the mariner who had the midnight watch on board the cruiser saw a vessel, supposed to be a privateer, come right up the humber into hull roads, sail around the naval tender there lying, then sail round the _swallow_, and finally down the river again. although there were twelve or fourteen men on the supposed privateer's deck, yet the _swallow's_ watchman did not even hail her, mitchell and his mate being ashore all the while. such incidents as the above show that there undoubtedly was cause for the complaints of the customs board that the commanders of their cruisers were not doing all that might have been done towards suppressing the evil at hand. on the other hand, it was equally true that the delinquents with whom these commanders had to contest were of a particularly virulent and villainous type. thus, between the negligence of the one side, and the enterprise of the other, his majesty's revenue had to suffer very considerably. no better instance of the potency of this lawlessness could be afforded than by an event which happened in the summer of . everyone knows, of course, that those were the days when men had to be impressed into the service of the navy, so that, when any of these hardy smugglers were captured, they were valuable acquisitions to the service, and far more useful than many of the disease-stricken crews which so often had to be shipped to make up a man-of-war's complement. in the year we are speaking of a number of smugglers who had been captured on the north sea were put on board h.m. tender _lively_ by captain o'hara of the impress service, the intention being to convey these men to one of his majesty's ships at the nore. the tender got under way and was proceeding to her destination when the smuggler-prisoners mutinied, overpowered the _lively's_ crew, and carried the _lively_ into flushing. and similar examples of the impudence and violence of other north sea smugglers could also be quoted. on the th of may , captain bland, of the _mermaid_ revenue cruiser, was off huntcliff fort, when he sighted a smuggling shallop.[ ] bland promptly bore down, and as he approached hailed her. but the shallop answered by firing a broadside. the revenue cruiser now prepared to engage her, whereupon the shallop hoisted an english pennant, which was evidently a signal for assistance, for a large armed cutter promptly appeared and came to the shallop's rescue. seeing that he was overmatched, bland, therefore, sheered off. during the same month captain whitehead, of the _eagle_, to whom we have already referred, reported that he seldom went for a cruise without being fired on, and he mentioned that sometimes these smuggling vessels carried musket-proof breast-works--a kind of early armour-plating, in fact. the principal rendezvous of the smuggling craft in the north sea was robin hood's bay. whenever the cruisers used to approach that bight the smugglers would sail out, fire upon them, and drive them along the coast. before firing, the smugglers always hoisted english colours, and on one occasion a smuggling craft had the temerity to run alongside a revenue cruiser, hail her, and in a derisive manner ordered the commander to send his boat aboard. we spoke just now of the superior sailing qualities which these smuggling craft frequently possessed over the revenue cruisers, and on one occasion, in the north sea, the master of a smuggling shallop, when being pursued, impudently lowered his lugsail--that would be his mizzen--to show that the cruiser could not come up and catch him. and lest that dishonourable incident previously mentioned, of a cruiser being ordered out of saltburn bay, may be thought a mere isolated event, let us hasten to add that the cruiser _mermaid_ was lying at anchor off dunstanburgh castle, on the northumbrian coast, when edward browning came alongside her in an armed shallop named the _porcupine_, belonging to sandwich. he insisted on the _mermaid_ getting up her anchor and leaving that region: "otherwise he would do him a mischief." indeed, were these facts not shown unmistakably by actual eye-witnesses to be the very reverse of fiction, one might indeed feel doubtful as to accepting them. but it is unlikely that cruiser-commanders would go out of their way to record incidents which injured their reputation, had these events never in reality occurred. some idea of the degree of success which smuggling vessels attained during this eighteenth century may be gathered from the achievements of a cutter which was at work on the south coast. her name was the _swift_, and she belonged to bridport. she was of tons burthen, carried no fewer than guns and a crew of fifty. during the year she had made several runs near torbay, and on each occasion had been able to land about casks of spirits, as well as or tons of tea. afterwards the whole of this valuable cargo had been run inland by about men, in defiance of the revenue officers. then there was the _ranger_, a bigger craft still, of tons. she carried an enormous crew for her size--nearly --and mounted guns. she had been built at cawsand, that village which in smuggling days attained so much notoriety, and stands at the end of a delightful bay facing the western end of plymouth breakwater. this vessel had a successful time in landing cargoes to the east of torbay without paying the lawful duty. and there were many fishing-boats of from to tons, belonging to torbay, which were at this time accustomed to run across the channel, load up with the usual contraband, and then hover about outside the limits of the land. when they were convinced that the coast was clear of any cruisers they would run into the bay and land, sink or raft their cargoes, according to circumstances. and now, leaving for the present actual skirmishes and chases in which the revenue cruisers were concerned, let us look a little more closely into their organisation. from the report by the commissioners appointed to examine the public accounts of the kingdom, and issued in , it is shown that the custom house cruisers were of two classes: ( ) those which were owned by the board, and ( ) those which were hired by contract. and as to this latter class there was a further subdivision into two other classes; for one section of these vessels was furnished by the crown, no charge being made for the hire. but her outfit, her future repairs, in addition to the wages and victualling of the crew, and all other expenses, were paid out of the produce of the seizures which these cruisers effected. after this, if anything remained beyond these deductions, the residue was to be divided between the crown and the contractor. very often, of course, when a fine haul was made of a £ worth of cargo, there was quite a nice little sum for both parties to the contract, and a few other, smaller, seizures during the year would make the business quite a profitable undertaking. but when the amount of seizures was not sufficient to defray the expenses the deficiency was supplied by the contractor and crown in equal proportions. that, then, was one of these two subdivisions of contracted cruisers. but in the second of these the contractor provided the vessel, for which he was paid the sum of s. d. a ton per lunar month. it may seem at first that this was poor remuneration, especially when one recollects that to-day, when the government hires liners from the great steamship companies, the rate of payment is £ per ton per month. in the case of even a , -ton liner there is thus a very good payment for about thirty days. but in the case of a cutter of tons or less, in the eighteenth century, s. d. per ton may seem very small in comparison. however, we must bear in mind that although for this money the contractor was to find the outfit of the vessel, and be responsible for all repairs needed, yet the aforesaid contractor might make a good deal more in a lucky year. it was done on the following basis. from the produce of the seizures made by this subdivision of cruisers all remaining charges additional to those mentioned above were paid, but the surplus was divided between the crown and contractor. thus the latter stood to gain a large sum if only a moderate number of seizures had been made, and there was, by this method, every incentive for the hired cruisers to use their best endeavours to effect captures. still, if there was a deficiency instead of a surplus, this was also shared by both contracting parties. in the year there were, reckoning all classes, cruisers employed, and men as crews. of these cruisers the commander, the chief mate and second mate, and, in certain vessels, the deputed mariners, were all officers of the customs. in the case of the first class of cruisers--those which were on the establishment--these officers were appointed by the board pursuant to warrants from the treasury. in the case of the second--those which were hired by contract--the officers were appointed by the customs board. the captain of the cruiser was paid £ per annum, the chief mate either £ or £ , and the crew were each paid £ . but, as we shall see from a later page, the rate of pay was considerably increased some years afterwards. the victualling allowance was at the rate of d. per diem for each man on board, and an allowance of s. each was made by the lunar month for fire and candle. this last-mentioned allowance was also modified in the course of time. some idea as to the seriousness, from a financial point of view, of this cruiser fleet may be gathered from the statement that these vessels cost the government for a year's service the sum of £ , , s. d. the largest of these forty-four cruisers was the _repulse_, tons. she carried men and was stationed at colchester. her cost for this year ( ) was £ , s. d. she was not one of the hired vessels, but on the establishment. next in size came the _tartar_, tons, with men, her station being dover. she was on the establishment, and her annual cost was £ , s. - / d. of the same tonnage was the _speedwell_, which cruised between weymouth and cowes. there was also the _rose_, tons, with men, stationed at southampton, being on the establishment likewise. next to her in size came the _diligence_, tons, with men. she cruised between poole and weymouth. she was one of the hired vessels, and was in removed from weymouth to have her headquarters at cowes. the smallest of all the cruisers at this time was the _nimble_, tons and a crew of . she also was a hired craft. her station was at deal, and her annual cost was £ , s. d. for the year mentioned. but though there was less expenditure needed at the outset, these contract ships were not altogether satisfactory: or rather it was the method than the cruisers themselves. for if we have any knowledge at all of human nature, and especially of the dishonest character which so frequently manifested itself in the eighteenth century, we can readily imagine that the contractor, unless he was a scrupulously honourable man, would naturally succumb to the temptation to economise too strictly regarding the keeping the ship in the best condition of repair; or he might gain a little by giving her not quite a sufficiently numerous crew, thus saving both wages and victuals. for the crown allowed a certain number of men, and paid for the complement which they were supposed to carry. therefore, since this arrangement was marked by serious drawbacks, the contract system was discontinued, and at the beginning of fifteen contracts were ended, and five other cruisers' contracts were not renewed when they expired in that year. all the cruisers in the employment of the customs service were now placed on the establishment, and the practice of paying the charges and expenses out of the king's share of the condemned goods was rescinded. in the year the number of customs cruisers was , the commanders being appointed by the treasury; and it may be not without interest to mention the names, tonnage, and guns of some of those which were on the books for that year. there was the _vigilant_, which was described as a yacht, tons, guns, and men; the _vigilant_ cutter, tons, guns. during the winter season she cruised with ten additional hands off the coasts of essex, kent, and sussex. there was another, the _diligence_, given as of tons; the _swallow_, tons and guns; the _lively_, tons, guns, and men. the _swift_, tons and men, used to cruise between the downs and the long sand (to the north of the north foreland at the mouth of the thames). some of the old names under the former dual system are seen to be commemorated in the _nimble_ ( tons, guns, men). her station was deal, and she used to cruise between the forelands. the _tartar_ of this period was of tons, had guns and men. but the _greyhound_, probably one of the fastest cruisers, was of tons, mounted guns, and carried men. her cruising ground was between beachy head and the start, and her station at weymouth. a much smaller craft was the cruiser _busy_ ( tons and men). her cruising was in a much smaller area--around plymouth sound and cawsand bay. owing to the fact that commanders had been wont too often to run into port for real or imaginary repairs, the commissioners decided that in future, when a cruiser put in, she was to inform the collector and controller of that port by means of her commander, and both to give his reasons for coming in, and to estimate the length of time he was likely to remain in port, before his being able to sail again. with regard to the prize-money which these cruisers were able to make; before the year there had been a diversity of practice in the method of sharing. in allotting rewards to officers for seizing vessels which afterwards had been taken into the revenue service, it had formerly been the practice to deduct the whole of the charges out of the officers' moiety of the appraised value. but from april , , "for the encouragement of the seizing officers," the charge was deducted from the total appraised value, and the seizing officers were to be paid a moiety of the net produce, if any. it had also been the custom to allow the commanders of admiralty cruisers permission to use seized vessels as tenders. but from may , , this practice was also discontinued by the board, who ordered that in case any such vessels were so employed at the different ports, the commanders were to deliver them up "with their tackle, apparel, and furniture," to the collector and controller of customs. we referred some time back to the fact that these revenue cruisers at times were mobilised for war, and also that to them were granted letters of marque. in this connection there is to be noted an interesting warrant, under the king's sign-manual, dated june , , which reads:-- "whereas the commissioners of our treasury have represented unto us that the cutters in the service of our revenues of customs have captured several ships and vessels belonging to the enemy, and have recommended it unto us to issue our warrant to grant the proceeds of the prizes that have been or shall be taken by the cutters in the service of our customs, granted to the cutters capturing such prizes respectively, and the expenses of the proceedings, in regard thereto, among officers and crews of the vessels in the search of our customs, who made the said captures, together with the head-money, in all cases where head-money is or may be due by law.... "our will and pleasure is that the proceeds of all such prizes as have been or shall be taken from the enemy in the course of the present war, by the cutters in the service of our revenue of customs, after deducting all expenses of the letters of marque granted to the cutters capturing such prizes respectively, and the expenses of the proceedings in regard thereto, together with the head-money in all cases where head-money is or may be due by law, shall be distributed in the manner following; that is to say":-- the commander / ds. mate / ds. deputed mariner, or deputed } / ds., exclusive of their mariners if more than one } shares as mariners. other mariners / ds. if there is no deputed mariner, the commander / the mate / mariners / it may be mentioned, in passing, that a "deputed" mariner was one who held a deputation from the customs board. another warrant, similar to the above, and to the same effect, was issued on july , of that memorable year . in july of , the customs commissioners drew attention to the third article of the "instructions for the commanders and mates of the cruisers employed in the service of this revenue," reminding them that the commanders, mariners, and mates were in no case to be allowed to participate in the officers' shares of seizures made by the crews of the cruisers unless the first-mentioned had been actually present at the time when the seizure was made, or could afford satisfactory proof that they were necessarily absent on some duty. therefore the board now directed that, whenever the crews of the cruisers made a seizure, a list of the officers who were not actually on board or in the boats of the cruisers at that time was to be transmitted to the board with the account of the seizure. then follows the other instruction which has already been alluded to. in order that the station of the aforesaid cruisers may never be left unguarded by their coming into port for provisions, or to be cleaned and refitted, or for any other necessary purpose, the commanders were instructed to arrange with each other "that nothing but absolute necessity shall occasion their being in port at one and the same time." it will be recognised that the object of this was, if possible, to keep the officers of the cruisers on board their vessels, and at sea, instead of ever running into port. for it would seem that by more than one of these gentlemen the work of cruising on behalf of the revenue service was regarded too much in the light of a pleasant, extended yachting trip, with an occasional chase and seizure of a smuggling craft to break the monotony of their existence and to swell their purses. but such a pleasant life was not that contemplated by the customs authorities. footnotes: [ ] "shallop, a sort of large boat with two masts, and usually rigged like a schooner."--moore. chapter vii cutters and sloops we have spoken during the preceding chapters of the revenue cruisers sometimes as cutters and sometimes as sloops. for the reason that will quickly become apparent let us now endeavour to straighten out any confusion which may have arisen in the mind of the reader. practically, sloops and cutters of these days were one and the same, with very minor differences. in a valuable french nautical volume published in , after explaining that the cutter came to the french from england, the definition goes on to state that in her rigging and sail-plan she resembles a sloop, except that the former has her mast longer, and inclined further aft, and has greater sail-area. the cutter also has but little freeboard, and in order to carry her large sail-area she draws more water. this authority then goes on to mention that such craft as these cutters are employed by the smugglers of the english channel, "and being able to carry a good deal of sail they can easily escape from the guardships. the english government, for the same reason, maintain a good many of these craft so as to stop these smugglers." our english authority, falconer, described the cutter as having one mast and a straight-running bowsprit that could be run inboard on deck. but for this, and the fact that the cutter's sail-area was larger, these craft were much the same as sloops. falconer also states that a sloop differs from a cutter by having a fixed steeving bowsprit and a jib-stay. moore, who was also a contemporary, makes similar definitions in almost identical language. the real difference, then, was that the cutter could run her bowsprit inboard, but the sloop could not. now, in the year , a very interesting matter occupied the attention of the board of customs in this connection. it appeared that in an important trial concerning a certain vessel the defence was set up that this vessel had changed her character by so altering her "boltsprit" that it became fixed and could not be run inboard. it was found that all which her owners had done was to pass an iron bolt through the bits and heel of the bowsprit, clenching it. the defendant insisted that thus he had rendered it a complete standing "boltsprit," and not a running one: and that, therefore, by such alteration, his vessel became transformed from a cutter to a sloop. and, according to the definitions which we have just brought forward, one would have thought that this was a good defence. however, the crown thought otherwise, and contended that the alteration was a mere evasion of the act in question, and that the vessel remained a cutter because such fastening could be removed at pleasure, and then the "boltsprit" would run in and out as it did before the alteration. the jury also took this view, and the cutter, which thought herself a sloop, was condemned. the revenue officers and commanders of admiralty sloops were accordingly warned to make a note of this. for a number of years the matter was evidently left at that. but in the attorney and solicitor-general, after a difficult case had been raised, gave the legal distinction as follows, the matter having arisen in connection with the licensing of a craft: "a cutter may have a standing bowsprit of a certain length without a licence, but the distinction between a sloop and a cutter should not be looked for in the rigging but in the build and form of the hull, and, therefore, when a carvel-built vessel corresponds as to her hull with the usual form of a sloop, she will not merely, by having a running bowsprit, become a cutter within the meaning of the act of the geo. iii. cap. , and consequently will not be liable to forfeiture for want of a licence." from this it will be seen that whereas falconer and other nautical authorities relied on the fixing of the bowsprit to determine the difference, the legal authorities relied on a difference in hull. the point is one of great interest, and i believe the matter has never been raised before by any modern nautical writer.[ ] as to what a revenue cutter looked like, the illustrations which have been here reproduced will afford the reader a very good idea. and these can be supplemented by the following description which marryat gives in _the three cutters_. it should be mentioned that the period of which he is speaking is that which we have been contemplating, the end of the eighteenth century. "she is a cutter," he writes, "and you may know that she belongs to the preventive service by the number of gigs and galleys which she has hoisted up all round her. she looks like a vessel that was about to sail with a cargo of boats: two on deck, one astern, one on each side of her. you observe that she is painted black, and all her boats are white. she is not such an elegant vessel as the yacht, and she is much more lumbered up.... let us go on board. you observe the guns are iron, and painted black, and her bulwarks are painted red; it is not a very becoming colour, but then it lasts a long while, and the dockyard is not very generous on the score of paint--or lieutenants of the navy troubled with much spare cash. she has plenty of men, and fine men they are; all dressed in red flannel shirts and blue trousers; some of them have not taken off their canvas or tarpaulin petticoats, which are very useful to them, as they are in the boats night and day, and in all weathers. but we will at once go down into the cabin, where we shall find the lieutenant who commands her, a master's mate, and a midshipman. they have each their tumbler before them, and are drinking gin-toddy, hot, with sugar--capital gin, too, 'bove proof; it is from that small anker standing under the table. it was one that they forgot to return to the custom house when they made their last seizure." in , by the geo. iii. c. , section , it was made lawful for any commander of any of his majesty's vessels of war, or any officer by them authorised, to make seizures without a deputation or commission from the commissioners of the customs. those were curious times when we recollect that apart altogether from the men-of-war of varying kinds, there were large numbers of armed smuggler-cutters, custom-house cutters with letters of marque, privateers, and even algerine corsairs from the mediterranean, in the english channel. it is to-day only a hundred and fifty years ago since one of these algerine craft was wrecked near penzance in the early autumn. we mentioned just now the act of george iii. which required craft to be licensed. this was another of the various means employed for the prevention of smuggling, and since the passing of this act those luggers and cutters which engaged in the running of goods endeavoured to evade the act's penalties by possessing themselves of foreign colours and foreign ship's papers. now, as a fact, by far the greater part of such craft belonged to deal, folkestone, and other south-coast ports of england. their masters were also from the same localities, and very few of them could speak dutch or french. but for the purpose of evading the english law they got themselves made burghers of ostend, and notwithstanding that their crews were for the most part english they designated their craft as foreign. during the year it happened that two of these pseudo-foreign smuggling craft were chased by an english frigate. owing to the fact that the frigate had no pilot on board, one of these vessels escaped, but the other, after a chase lasting five hours, realised that she would soon be overhauled. her master, therefore, threw overboard his cargo as the frigate fast approached, and in company with a number of his crew took to his large boat. the lugger, after no fewer than twenty shots had been fired at her, hove-to. on taking possession of the lugger and examining her papers it appeared that her master's name was the very english-sounding thomas march, and yet he described himself as a burgher of ostend, the vessel being owned by a merchant. the master's excuse was that he was a pilot-boat cruising with a number of pilots on board, and for this reason it was decided to give him the benefit of the doubt and not detain him. but the frigate's captain had noticed that before the lugger had hove-to during the evening a part of the cargo had been thrown overboard. the following morning, therefore, he proceeded on board a revenue cutter, "went into the track where the cargo was thrown overboard," and was able to find just what he had expected, for he located and drew out of the sea no fewer than half-ankers of foreign spirits. this precedent opened up an important question; for if a neutral vessel, or indeed any craft similarly circumstanced as the above, were to anchor off the english coast it was hardly possible to detect her in running goods, as it seldom took more than an hour to land a whole cargo, owing to the great assistance which was given from the people on the shore. for, as it was officially pointed out, as soon as one of these vessels was sighted people could usually be relied on with or more carts and waggons to render the necessary service. therefore the commanders of the cutters sought legal advice as to how they should act on meeting with luggers and cutters without admiralty passes on the english coast but more or less protected with foreign papers and sailing under foreign colours. the matter was referred to the attorney-general, who gave his opinion that vessels were forfeitable only in the event of their being the property in whole or part of his majesty's subjects; but where the crew of such a vessel appeared all to be english subjects, or at any rate the greatest part of them, it was his opinion that there was a sufficient reason for seizing the vessel if she was near the english coast. she was then to be brought into port so that, if she could, she might prove that she belonged wholly to foreigners. "a british subject," continued the opinion, "being made a burgher of ostend does not thereby cease to be a subject. vessels hovering within four leagues of the british coast, with an illicit cargo, as that of this vessel appears to have been, are forfeited whether they are the property of britons or foreigners." it was not once but on various occasions that the customs board expressed themselves as dissatisfied with the amount of success which their cruisers had attained in respect of the work allotted to them. at the beginning of the year they referred to "the enormous increase of smuggling, the outrages with which it is carried on, the mischiefs it occasions to the country, the discouragement it creates to all fair traders, and the prodigious loss the revenue sustains by it." the board went on to state that "diligent and vigorous exertions by the cruising vessels employed in the service of the customs certainly might very much lessen it." the commissioners expressed themselves as dissatisfied with the lack of success, and ordered that the officers of the waterguard were especially to see that the commander and mate of every revenue vessel or boat bringing in a seizure were actually on board when such seizure was made. a few days later--the date is january , --the board, having received information that great quantities of tobacco and spirits were about to be smuggled in from france, flanders, guernsey, and alderney, warned the preventive officers of the various ports, and directed the commanders of the admiralty cruisers, which happened to be stationed near the ports, to be especially vigilant to intercept "these attempts of the illicit dealers, so that the revenue may not be defrauded in those articles to the alarming degree it has hitherto been." and the officers were bluntly told that if they were to exert themselves in guarding the coast night and day such fraudulent practices could not be carried on in the shameful manner they now were. "and though the riding officers may not always have it in their power to seize the goods from a considerable body of smugglers, yet if such officers were to keep a watchful eye on their motions, and were to communicate early information thereof to the waterguard, they may thereby render essential service to the revenue." when the soldiers assisted the revenue officers in making seizures on shore it was frequently the case that the military had difficulty in recovering from the revenue men that share of prize-money which was their due. the collector of each port was therefore directed in future to retain in his hands out of the officers' shares of seizures so much as appeared to be due to the soldiers, and the names of the latter who had rendered assistance were to be inserted in the account of the seizures sent up to headquarters. but the jealousy of the military's aid somehow never altogether died out, and ten years after the above order there was still delay in rendering to the army men their due share of the seizures. the commanders of the revenue cruisers were told to keep an especial watch on the homeward-bound east indiamen to prevent "the illicit practices that are continually attempted to be committed from them." therefore these cruisers were not only to watch these big ships through the limits of their own station, but also to keep as near them when under sail as possible, provided this can be done with safety and propriety. but when the east indiamen come to anchor the cruisers are also to anchor near them, and compel all boats and vessels coming from them to bring-to in order to be examined. they are "then to proceed to rummage such boats and vessels. and if any goods are found therein they are to be seized, together with the boats in which they are found." the importance of this very plain instruction is explained by the further statement that "some of the commanders of the cruisers in the service of the revenue endeavour to shun these ships, and thereby avoid attending them through their station." on christmas eve of the customs commissioners sent word to all the ports saying that they suspected that there were a good many vessels and boats employed in smuggling which were thus liable to forfeiture. therefore, within forty-eight hours from the receipt of this information sent by letter, a close and vigorous search was to be made by the most active and trusty officers at each port into every bay, river, creek, and inlet within the district of each port, as well as all along the coast, so as to discover and seize such illegal vessels and boats. and if there were any boats quartered within the neighbourhood of each port, timely notice of the day and hour of the intended search was to be sent by the collector and controller in confidence to the commanding officer only, that he might hold his soldiers in readiness. yet, again the board exhorted the revenue officers "to exert yourselves to the utmost of your power ... and as it is very probable that the places where such boats and vessels are kept may be known to the officers who have long resided at your port, you are to acquaint such officers that if they value their characters or employments, or have any regard to the solemn oath they took at their admission, we expect they will, on this occasion, give the fullest and most ample information of all such places, and will cheerfully afford every other aid and assistance in their power, to the end that the said vessels and boats may be discovered and seized. "and to prevent them from being launched into the water, and carried off by the smugglers after seizure, you are to cause one of the streaks (= strakes) or planks to be ripped off near the keel, taking care at the same time to do as little other injury to each boat as possible." we now come to witness the reappearance of an old friend of whom we last made mention in the north sea. the year we are now to consider is , and the th of july. on that day h.m. cutter _kite_ was sailing from beachy head to the westward. she passed to the southward of the isle of wight without sighting it, as the weather was thick. later in the day it cleared as they got near to the dorsetshire coast, and about . p.m., when they were between peveril point (near swanage) and st. alban's head, and it was clearer and still not night, the ship's surgeon discovered a vessel some distance away on the weather bow. the weather had now cleared so much that the house on the top of st. alban's head was quite visible. the surgeon called the attention of a midshipman on board to the strange vessel. the midshipman, whose name was cornelius quinton, took a bearing, and found that the stranger bore w.s.w. from the cutter, and was steering e.s.e. he also took a bearing of peveril point, which bore n. / w., and judged the smuggler to be about miles from peveril point. about o'clock the cutter began to give chase, and this continued until p.m., the course being now s.e. after a time the lugger hauled up a point, so that she was heading s.e. by s., the wind being moderate s.w. during the chase the lugger did her best to get away from the cutter, and set her main topsail. the cutter at the time was reefed, but when she saw the lugger's topsail going up she shook out her reefs and set her gaff topsail. it was some little time before the _kite_ had made up her mind that she was a smuggler, for at first she was thought to be one of the few revenue luggers which were employed in the service. about o'clock, then, the _kite_ was fast overhauling her, notwithstanding that the lugger, by luffing up that extra point, came more on the wind and so increased her pace. it was at first a cloudy night--and perhaps that may have made the _kite's_ skipper a little nervous, for he could hardly need to be reefed in a moderate breeze--but presently the sky cleared. as the _kite_ approached she hoisted her signals and fired a musket shot. (as there is a good deal of confusion existing concerning the signals of the old revenue cutters, it is worth noting that although it was night these signals were displayed. i make this statement on the unimpeachable sworn evidence of the _kite's_ crew, so the matter cannot be questioned.) but in spite of these signals, which every seafaring man of that time knew very well meant that the pursued vessel was to heave-to, the lugger still held on and took no notice. after that the _kite_ continued to fire several times from her swivel guns. later still, as the _kite_ came yet closer, the latter hailed her and requested her to lower her sails, informing her at the same time that she was a king's cutter. still the lugger paid no heed, so the cutter now fired at her from muskets. it was only after this that the lugger, seeing her chance of escape was gone, gave up, lowered sail, wore round, and came under the _kite's_ stern. the cutter hoisted out a boat, the midshipman already mentioned was sent aboard the lugger, and the latter's master was brought to the _kite_, when whom should they find to be their prisoner but david browning, better known as "smoker," of north sea fame? when the _kite's_ captain asked for his papers "smoker" replied that he had no papers but a bill of sale. he was afterwards heard to remark that if he had understood the log line he would not have been so near the land as he was, and admitted he had been bound for flushing, having doubtless just landed a cargo on the beach. the lugger was found to be decked and clinker-built with a running bowsprit on which she set a jib. six carriage guns were also found on board, mounted on her deck. four of these guns were observed to be loaded, three with powder and one with shot, and they were -pounders. after the capture was made the two vessels lay for a time hove-to on the heaving sea under the star-specked sky. the lugger was then put in charge of the midshipman and a prize crew from the cutter, the prisoners being of course taken on board the _kite_. both lugger and cutter then let draw their sails, and set a course n.e. for the isle of wight until a.m. as it then came on thick the vessels hove-to until daylight, when sail was made again, the lugger being sent on ahead to sound, so as to see how near they were approaching the isle of wight. later on they found themselves in fathoms and judged themselves to be near the owers. eventually, having steered about n.n.e. and sighted chichester church in the distance, they went about and stood south, the wind having veered to w.n.w., and at . p.m. let go anchor in spithead. browning in due time appeared in court, and a verdict was given for the king, so that at last this celebrated smuggler had been caught after many an exciting chase. it was not many years after this incident that a -ton cutter named the _charming molly_ arrived at portsmouth. a customs officer went on board her and found a man named may, who produced the key of the spirit-room, saying he was master of the ship. in the spirit-room the customs officer found a hogshead of gin containing gallons. may was anxious to show that this was quite legitimate, as there were sixteen men aboard and the contents of this cask were for their use. the customs officer now inquired if there was any more liquor on the ship, and may replied in the negative, at first. the officer then said he would search the cabin, whereupon may added that there was a small cask which he had picked up at sea and had kept for the crew's use. this cask was found in may's own state-room, and contained about three gallons of brandy, though it was capable of holding another gallon and no doubt recently had so done. however, may now said that that was the entire lot, and there was not a drop of anything else on board. yet again the officer was not to be put off, and found in the state-room on the larboard side a place that was locked. may then explained that this locker belonged to a man named sheriff, who was at present ashore, and had the key with him. however may volunteered, if the officer saw fit, to open it, but at the same time assured him there was no liquor therein. the officer insisted on having it broken open, when there were discovered two new liquor cases containing each twelve bottles of brandy, making in all eight gallons, and two stone bottles of brandy containing five gallons. even now may assured the officer that he had no more in the ship, but after a further search the officer found twelve dozen bottles of wine in a locked locker in the cabin. we need not follow this case any further, but as a fine example of deliberate lying it is hard to beat. throughout the exciting career of a smuggler, when chased or captured, in running goods by night or stealing out to get clear of the land before the sun came up, this one quality of coolness in action or in verbal evasion ever characterised him. he was so frequently and continuously face to face with a threatening episode that he became used to the condition. footnotes: [ ] see also appendix i. chapter viii preventive organisation we have already frequently referred to the riding officers who were attached to practically all the chief ports of england. for the reasons already given the south-east coast had especially to be well provided in this respect. and, because of the proximity to the isle of man, the solway firth had also to be protected efficiently by these officers, additional, of course, to the aid rendered by the cruisers. wales, however, seems to have been left practically unprotected. in the year there was inaugurated what was known as the preventive waterguard in order to supplement the endeavours of the cruisers and riding officers. under this arrangement the coast of england and wales was divided into three districts, each of which was under an inspecting commander, the revenue cruisers being now included in the preventive waterguard. the three districts with the three inspecting commanders were as follows:-- district .--land's end to the port of carlisle inclusive. inspecting commander, captain john hopkins. district .--north foreland to land's end. inspecting commander, captain william blake. district .--north foreland to the port of berwick inclusive. inspecting commander, captain john sayers, "whose duty it is constantly to watch, inspect, and report to us [the customs board] upon the conduct of the commanders of cruisers and the sitters of preventive boats along the district." for it was because they required a more effectual control and inspection of the officers employed in preventing and detecting smuggling that this fresh organisation was made. certain stations were also allotted to the commanders of the cruisers, within each district--two to each station--and the stations and limits were also appointed for preventive boats. the "sitters" of the preventive boats were those who sat in the stern of these open, rowed craft and acted in command of them. the collector and controller were also addressed in the following terms, which showed that the board were still doing their utmost to rid the service of the inefficiency and negligence to which we have had occasion to draw attention. "you are to observe," wrote the commissioners, "that one material object of the duty imposed upon the inspecting commanders is to see that the cruisers are constantly and regularly on their stations, unless prevented by some necessary and unavoidable cause, and with their proper complements of men and boats, and if they are off their station or in port personally to examine into the occasion of their being so, and that they are absent from their station no longer than is essentially requisite." at the end of every year the inspecting commanders were to lay before the board of customs the conduct of the several officers within their district and the state in which smuggling then was, and "whether on the progress or decline, in what articles, and at what places carried on." for the board was determined "to probe the conduct of the preventive officers and punish them" for any laxity and negligence, for which faults alone they would be dismissed. and in order that the vigilance and faithful duty in the commanders and officers on board the cruisers "may not be deprived of fair and due reward" their rate of pay was now increased, together with some addition made to the allowance for victualling, "and also to provide for the certainty of an annual emolument to a fixed amount in respect to the commanders and mates, by the following regulations":-- inspecting cruisers commander, each per annum, £ to be made up to £ net. st mates, each per annum, £ to be made up to £ net. nd mates, each per annum, £ to be made up to £ net. but these increases were conditional on their salaries, shares of seizures and penalties, and all other emoluments of that description not having amounted to the salaries now offered. the deputed mariners were to have £ or £ each, per lunar month. mariners who had no deputation were to have £ a month, boys on the cruisers £ per annum. as to victualling, the commanders and mates were to have s. each per diem, mariners s. d. each per diem. fire and candle for each person were to be allowed for at the rate of s. d. per lunar month. under each inspecting commander were to be two tenders in each district, and the mates who were acting as commanders of these were to have their existing £ a year raised to £ net in case their salaries, shares of seizures, and other emoluments of that description should not amount to these sums. deputed mariners, mariners, boys, victualling, fire, and candle were all to be paid for just as in the case of the inspecting cruisers above mentioned. this was to date from october , . a few months later a like improvement was made in the salaries of cruisers in general, for from the th of january , commanders of these were to have their £ per annum raised to £ net--the above conditions "in case their salaries, shares of seizures, &c." did not make up this amount being also here prevalent--whilst first mates were to be raised from £ to £ net. if second mates were carried they were to have £ per annum, deputed mariners £ per annum and £ , s. per lunar month. mariners were to have £ , s. per lunar month each, boys £ per annum. victualling, fire, and candle to be as already stated. the early years of the nineteenth century showed that the evil of the previous hundred years was far from dead. the collector at plymouth, writing to the board three days before christmas of , reported that there was a good deal of smuggling done, but that the worst places in his neighbourhood were two. firstly, there was that district which is embraced by bigbury, the yealm, and cawsand. in that locality the smuggling was done in vessels of from to tons. but in summer time the trade was also carried on by open spritsail boats of from eight to ten tons. these craft used to run across from guernsey loaded with spirits in small casks. up the river yealm (just to the east of plymouth sound) and at cawsand bay the goods were wont to be run by being rafted together at some distance from the shore and afterwards "crept" up (_i.e._ by means of metal creepers or grapnels). the local smugglers would go out in their boats at low water during the night when the weather and the absence of the cruisers permitted and bring to land their booty. it appeared that , small casks of spirits were annually smuggled into cawsand and the yealm. secondly, the district to the west of plymouth embracing polperro and mevagissey. the smuggling craft which brought goods to this locality were fast sailers of from to tons. but the goods which came into the general district of plymouth were not carried far inland. those whose work it was to carry the goods after being landed were known as "porters," and were so accustomed to this heavy work that they could carry a cask of spirits six miles across the country at a good rate. when it is remembered that these casks were made necessarily strong of stout wood, that they contained each from to - / gallons, making a total weight of from to lbs. at least, we can realise something of the rude physical strength possessed by these men. during this same year the collector at dartmouth also reported that smuggling had increased a good deal recently in the counties of devon and cornwall. the cutters and luggers from guernsey carried their cargoes consisting of from to ankers of spirits each, with a few casks of port and sherry for the wealthier classes, who winked at the illicit trade, and some small bales of tobacco. during the summer the goods were landed on the north side of cornwall, between land's end and hartland point, and thence distributed by coasters to wales and the ports of the bristol channel, or carried inland on the backs of twenty or thirty horses, protected by a strong guard. but in the winter the goods were landed on the shores of the bristol channel, the farmers coming down with horses and carts to fetch the goods, which were subsequently lodged in barns and caves. clovelly, bideford, combe martin, and porlock were especially notorious in this connection. these goods were also regularly conveyed across exmoor into somersetshire, and other goods found a way into barnstable. coasters on a voyage from one part of england to another frequently broke their voyages and ran over to guernsey to get contraband. the island of lundy was a favourite smuggling depôt in the eighteenth century. from ireland a good deal of salt was smuggled into devonshire and cornwall, the high duties making the venture a very profitable one--specially large cargoes of this commodity being landed near to hartland point. and this dartmouth collector made the usual complaint that the revenue cruisers of that period were easily outsailed by the smugglers. the reader will recollect those regrettable incidents on the north sea belonging to the eighteenth century, when we had to chronicle the names of captains mitchell and whitehead in that connection. unhappily there were occasional repetitions of these in the early part of the nineteenth century on the south coast. it happened that on the th of march in the year the _swan_ revenue cutter, a vessel of considerable size (for she had a burthen of tons, a crew of twenty-three men, and was armed with twelve -pounders, two -pounders, and a chest of small arms) was cruising in the english channel and found herself off swanage. it should be added that at that time there was a kind of volunteer preventive guard at various places along the coast, which was known as the "sea fencibles." the swanage "fencibles" informed mr. comben, the cruiser's commander, that there were three luggers hovering off the coast, and these volunteers offered a number of their men to reinforce the _swan's_ crew so that the luggers might be captured. to this comben replied with a damper to the volunteers' enthusiasm: "if i was to take them on board and fall in with the enemy we could not do anything with them." so the _swan_ sailed away from swanage bay to the eastward and at midnight made the needles. it now fell calm, but the luggers hove in sight and approached by means of their sweeps. as they came on, the cutter, instead of preparing to receive them in the only way they deserved, did nothing. but one of the _swan's_ crew, whose name, edward bartlett, deserves to be remembered for doing his duty, asked comben if he should fetch the grape and canister from below. comben merely replied: "there is more in the cabin than we shall want: it will be of no use; it is all over with us." such was the attitude of one who had signed into a service for the prevention of smuggling craft. instead of taking any definite action he waited despairingly for the enemy to come on. he then issued no orders to his crew to prepare to engage; he just did nothing and remained inactive under the white cliffs. but if their commander was a coward, at any rate his crew were determined to make a contest of it. they had actually to urge him to fight, but the luggers were right close on to the cutter before comben had given the word. after that for three-quarters of an hour the crew fought the ship, and were at their respective quarters when comben actually turned to the luggers and shouted to them: "leave off firing; i have struck." during the engagement he had shown great signs of fear and never encouraged his crew to fight. seeing that they were led by a coward, the _swan's_ crew also took fright and thought it best to flee. they therefore jumped into the cutter's boats and rowed ashore, leaving their valiant commander to look after the _swan_ as best he might. she was of course immediately captured by the luggers, and as for comben, he was taken prisoner, carried to france, detained there, and did not return to england till after seven years, when an investigation was made into his conduct by the surveyors-general of the customs, his defence being that "his men had deserted him." as for the latter, they reached the shore safely and were again employed in the preventive service. it is quite clear that the customs board sometimes lent their cutters to the admiralty; and there is a letter dated october , , from the admiralty, in which permission is given for the cutters in the service of that revenue to be released from their station at flushing under the command of rear-admiral sir richard strachan, and there is also a customs house minute of july , , to the effect that the _swan_ and _hound_ revenue cutters might be placed under the orders of lord keith in the room of the _stag_ and _swallow_, for use at cowes and shoreham, where these cruisers were to be stationed. and it was in this same year that the board again emphasized the importance of the revenue service being supported by the navy and army, and that to this end the most effectual encouragement should be held out to both branches, so that they might co-operate vigorously in the suppression of smuggling. they further expressed themselves as of the opinion that "nothing will more effectually tend to encourage them to exert themselves than the certainty of receiving a speedy reward." and yet, again, were the revenue officers enjoined "to be particularly careful to secure the men employed in smuggling vessels whenever it may be possible to effect it, as their lordships have the strongest reasons for believing that the apprehension of being detained and impressed into his majesty's service will have a great effect in deterring the persons engaged in these illegal pursuits from continuing their pernicious habits." it was also part of the duty of the customs officers to attend to the quarantine, and the customs board resolved "that it is fit to direct a distinguishing flag to be used on board all boats employed in the quarantine service." at sandgate creek, portsmouth, falmouth, bristol, milford, hull, liverpool and plymouth, by the advice of the surveyor for sloops, a flag was deposited in the custom house at every port of the kingdom, and it was resolved that in the above ports there should be two, except plymouth, which should have three. cruisers were also employed in the quarantine service. we have already seen something of the conditions of service and the pay of the cruisers' crews. he who was responsible for the upkeep and supervision of these cruisers was known as the surveyor for sloops. for some time the customs board had been deliberating as to the adoption of some regulations for ascertaining the qualifications of those who desired to be commanders and mates of the cruisers. that some improvement was essential must already have been made clear to the reader from the type of men who sometimes were placed in such positions of responsibility. the following regulations were therefore adopted in the year , "which appear to the commissioners highly necessary for the safe conduct of the service, as also for the safety of the vessels and crews committed to their charge." they resolved accordingly:-- "that all persons who shall be hereafter nominated to the situation of commander or mate of a cruiser in the service of this revenue, do attend the surveyor of sloops, &c. in london for the purpose of being examined on the several points submitted in the report of the said surveyor, as essential for the qualification of officers of that description, namely, whether he understand navigation, is competent to lay off and ascertain courses and distances on the charts, can work a day's work and find the time of high and low water in any port of great britain, and understand the use of a quadrant." it was also further resolved:-- "that no person be admitted to either of those situations who shall not be certified by the said surveyors to be fully qualified in the particulars above referred to, which certificate is to be laid before the board for their consideration, whether in case such person does not possess a competent knowledge of the coast on which he is to be stationed, or is not sufficiently acquainted with the sailing and management of cutters and luggers tho' generally qualified, it may not be fit to direct him to repair on board some cruiser, whose station is contiguous to that to which he is nominated, and cruise in such vessel for the space of one month, or until the commander thereof shall certify that he is thoroughly acquainted with that part of the coast, and also be fully competent to take charge of a cutter, or lugger, as the case may be, such a certificate to be referred to the surveyor for sloops, &c. for his report previous to such commander's or mate's commission being ordered to be made out." and the commanders of the cutters who shall be ordered to instruct such persons are to be acquainted that they are at liberty to crave the extra expense they shall incur for victualling such persons for the board's consideration. "and the surveyor for sloops, &c. is to report more particularly the nature and objects of enquiry as to the qualification of persons nominated sitters of boats and by what officers in the outports those enquiries are made and the qualification of such persons certified: for the commissioners' further consideration, as to any additional regulations in respect of persons so nominated." it was, no doubt, because of such incidents as those which we have seen occurring in the channel and north sea that the commissioners tightened up the regulations in the above manner. that these incidents were not confined to any particular locality let us show by the two following examples. the first had reference to william horn, the deputed mariner and acting mate of the revenue cutter _greyhound_, whose station was at weymouth. on the th of march he was in charge of the cutter whilst on a cruise to the westward. off portland the cutter fell in with a french lugger, which was a privateer. horn gave chase, gradually overhauled her, and even came up with her. for a time he also engaged her, but because he subsequently gave up the fight, bore up and quitted her, allowing the privateer to escape, he was deemed guilty by the customs board of not having used his utmost endeavours to effect a capture, and was ordered to be superseded. the second incident was of a slightly more complicated nature, and occurred on october , , about midnight. the two men implicated were a captain riches, who was in command of the revenue cutter _hunter_, and his mate oliver. this vessel, whose station was great yarmouth, was on the night mentioned cruising in the north sea. presently the cutter sighted what turned out to be the danish merchant ship, _the three sisters_, fredric carlssens master, from copenhagen bound for st. thomas's and st. croix. oliver got into the cutter's boat and boarded the dane. he also demanded from the latter and took from him four cases of foreign geneva, which was part of _the three sisters'_ cargo. in spite of carlssen's opposition, oliver put these into his boat and rowed off with them to the _hunter_. riches was obviously party to this transaction, and was accused "that contrary to the solemn oath taken at his admission into office, he did not only neglect to report to the collector and controller of yarmouth or to the board the misconduct of his mate, in unlawfully taking from the said ship the four cases of geneva in question, but did take out of them for his own use, and by so doing did connive at and sanction the aforesaid unproper conduct of his mate." it was also brought against riches that he had not entered any account of this incident into his ship's journal, or made any record of the mate boarding the dane. in the end riches was adjudged by the board guilty of not giving information regarding his mate's conduct and of receiving one case of geneva for his own use, but he was acquitted of connivance for want of evidence. he was found guilty also of not having entered the incident in his journal. oliver was acquitted of having boarded the danish ship for want of proof, but found guilty of having failed to keep a complete journal of his proceedings. but a further charge was made that riches caused a case of foreign spirits, which had been taken out of the danish ship, to be brought ashore from the cutter and taken to his home at yarmouth without paying the duty thereon. oliver was also accused of a similar crime with regard to two cases. riches was acquitted for want of proof of having caused the gin to be taken to his house, but found guilty of having received it, knowing the duty had not been paid. oliver was also found guilty, and both were accordingly dismissed. and there was the case of a man named thomas rouse, who was accused of having been privy to the landing of a number of large casks of spirits and other goods from a brig then lying off the watch-house at folkestone. this was on the night of may and the early hours of may , . he was further accused of being either in collusion with the smugglers in that transaction or criminally negligent in not preventing the same. it was still further brought against him that he had not stopped and detained the master of the brig after going on board, although the master was actually pointed out to him by a boat's crew belonging to the _nimble_ revenue cutter. rouse was found guilty of the criminal negligence and ordered to be dismissed. and, in addition, the chief boatmen, five boatmen, and two riding-officers of the preventive service at that port were also dismissed for failing to do their utmost to prevent this smuggling, which had, in fact, been done collusively. those were certainly anxious times for the customs commissioners, and we cannot but feel for them in their difficulties. on the one hand, they had to wrestle with an evil that was national in its importance, while on the other they had a service that was anything but incorruptible, and required the utmost vigilance to cause it to be instant in its elementary duties. one of the reforms recommended towards the end of had reference to the supply of stores and the building and repairing of custom house boats in london. the object aimed at was to obtain a more complete check on the quantities and quality of the stores required for cruisers and preventive boats. and the example of the outports was accordingly adopted that, when articles were required for these craft that were of any value, the collector and controller of the particular port first sent estimates to the board, and permission was not allowed until the surveyor of sloops had certified that the estimates were reasonable. nor were the bills paid until both the commander and mate of the cruiser, or else the tide surveyor or the sitter of the boat, as the case might be, had certified that the work was properly carried out. and the same rule applied to the supply of cordage and to the carrying out of repairs. as one looks through the old records of the custom house one finds that a revenue officer who was incapable of yielding to bribery, who was incorruptible and vigilant in his duty, possessed both courage and initiative, and was favoured with even moderate luck, could certainly rely on a fair income from his activities. in the year we are speaking of, for instance, thomas story, one of the revenue officers petitioned to be paid his share of the penalty recovered from william lambert and william taylor for smuggling, and he was accordingly awarded the sum of £ , s. it was at this time also that the salaries of the collectors, controllers, and landing surveyors of the outports were increased so that the collectors were to receive not less than £ per annum, the controller not less than £ , and the landing surveyor not less than £ . and in addition to this, of course, there were their shares in any seizures that might be made. sometimes, however, the revenue officers suffered not from negligence but from excess of zeal, as, for instance, on that occasion when they espied a rowing-boat containing a couple of seafaring men approach and land on the beach at eastbourne. the revenue officials made quite certain that these were a couple of smugglers and seized their boat. but it was subsequently discovered that they were just two portuguese sailors who had escaped from dieppe and rowed all the way across the channel. the admiralty interfered in the matter and requested the release of the boat, which was presently made. but two other revenue officers, named respectively tahourdin and savery, in august of had much better luck when they were able to make a seizure that was highly profitable. we have already referred to the considerable exportation which went on from this country in specie and the national danger which this represented. in the present instance these two officials were able to seize a large quantity of coin consisting of guineas, half guineas, and seven shilling pieces, which were being illegally transported out of the kingdom. when this amount came to be reckoned up it totalled the sum of £ , , s. d., so that their share must have run into very high figures. chapter ix cutters' equipment in an earlier chapter we quoted from marryat a passage which showed that the mariners of a revenue cutter were dressed in red flannel shirts and blue trousers, and also wore canvas or tarpaulin petticoats. the reason for the last-mentioned was appreciated by smuggler and preventive men alike, and if you have ever noticed the thames river police dodging about in their small craft you will have noticed that at any rate the steersman has in cold weather some sort of apron wrapped round his legs. but in the period of which we are now speaking the attached apron or petticoat was very useful for keeping the body warm in all weather, especially when the sitter of the preventive boat had to be rowed out perhaps in the teeth of a biting wind, for several miles at night. and the smugglers found their task of landing tubs through the surf a wet job, so they were equally glad of this additional protection.[ ] the period to which marryat referred was the end of the eighteenth century. as to the uniform of the revenue officers we have the following evidence. among the general letters of the customs board was one dated june , , from which it is seen that the commanders of the cruisers petitioned the board for an alteration in their uniform and that also of the mates, this alteration to be made at the expense of the officers. the commanders suggested for their own dress:-- "a silver epaulette, the button-holes worked or bound with silver twist or lace, side-arms, and cocked hats with cockades, and the buttons set on the coat three and three, the breeches and waistcoats as usual: "for the undress, the same as at present. "for the mates, the addition of lappels, the buttons set on two and two, and cocked hats with cockades." the board consented to these alterations with the exception of the epaulettes, "the adoption of which we do not approve, lest the same should interfere with his majesty's naval service." now in reading this, it is important to bear in mind that between the revenue and navy there was a great deal of jealousy.[ ] it went so far, at least on one occasion, as to cause a naval officer to go on board a revenue cutter and haul the latter's flag down. the reason these epaulettes were disallowed may be explained by the fact that it was only nine years before the above date that epaulettes had become uniform in the navy, for notwithstanding that epaulettes had been worn by officers since , yet they were not uniform until , although they were already uniform in the french and spanish navies.[ ] since, therefore, these adornments had been so recently introduced into the navy, it was but natural that with so much jealousy existing this feature should not be introduced into the revenue service. just what "the undress, the same as at present" was i have not been able to discover, but in the royal navy of that time the undress uniform for a captain of three years' post consisted of a blue coat, which was white-lined, with blue lappels and cuffs, a fall-down collar, gold-laced button-holes, square at both ends, arranged regularly on the lappels. for a captain under three years the uniform was the same, except that the nine buttons were arranged on the lappels in threes. for master or commander it was the same, except that the button-holes were arranged by twos.[ ] it was in january that the customs board took into consideration the appointment of several revenue cruisers and the expediency of one general system for manning them according to the tonnage and construction of the vessel, the service and station on which she was to be employed. they therefore distinctly classed the different cruisers according to their tonnage, description, and number of men originally allowed and since added, whether furnished with letters of marque or not. and believing that it would be beneficial to the service that the complement of men should be fixed at the highest number then allotted to cutters in each respective class, they accordingly instructed the commanders of the different cruisers to increase their respective complements "with all practicable dispatch." we now come to an important point concerning which there exists some little uncertainty. by a letter dated july , , revenue officers were reminded that they were by law bound to hoist the revenue colours and fire a gun as a signal "before they in any case fire on any smuggling vessel or boat." "we direct you to convene the officers of the waterguard belonging to your port," write the commissioners to the collector and controller at each station, "including the officers and crew of the cruiser stationed there, and strictly to enjoin them whether on board cruisers or boats in no instance to fire on any smuggling vessel or boat, either by night (whether it be dark or light), or by day, without first hoisting the colours and firing a gun as a signal, as directed by law, and to take care that on any boat being sent out armed either from the shore or from a cruiser, in pursuit of seizures or any other purpose, such boat be furnished with a proper flag." two years later, on april , , it was decided that cruisers could legally wear a pendant "conformable to the king's proclamation of the st january ," when requiring a vessel that was liable to seizure or examination to heave-to, or when chasing such a vessel, but "at no other time." it is important to bear in mind that the flags of chase were special emblems, and quite different from the ceremonial flags borne on the customs buildings, hulks, and vessels not used actually in the chasing of smugglers. in addition to my own independent research on this subject i am indebted for being allowed to make use of some ms. notes on this interesting subject collected by mr. atton, librarian of the custom house; and in spite of the unfortunate gaps which exist in the historical chain, the following is the only possible attempt at a connected story of the custom house flag's evolution. we have already explained that from the year to the revenue preventive work was under a mixed control. we have also seen that in the year the board of customs called attention to the proclamation of december , , that no ships were to wear a pendant except those of the royal navy, but that the sloops employed in the several public offices might wear jacks with the seal of the respective office. from a report made by the harwich customs in it is clear that the king's colours were at that date hoisted when a revenue cruiser chased a suspect. but as to what the "king's colours" were no one to-day knows. among the regulations issued to the revenue cruisers in the commanders were informed that they were not to wear the colours used in the royal navy, but to wear the same pendants and ensigns as were provided by the revenue board. by george iii. cap. , certain signals of chase were prescribed. thus, if the cruiser were a naval vessel she was to hoist "the proper pendant and ensign of h.m. ships." if a custom house vessel she was to hoist a blue customs ensign and pendant "with the marks now used." if an excise vessel, a blue ensign and pendant "with the marks now used." after this had been done, and a gun fired (shotted or unshotted) as a warning signal, she might fire if the smuggler failed to heave-to. and this regulation is by the customs consolidation act of still in force, and might to-day be made use of in the case of an obstinate north sea cooper. what one would like to know is what were the marks in use from to . mr. atton believes that these marks were as follows:-- at the masthead: a blue pendant with the union in canton and the customs badge of office (a castellated structure with portcullis over the entrance, and two barred windows and two port-holes, one barred and one open, the latter doubtless to signify that through which the goods might enter) in the fly. at the gaff: a blue ensign similarly marked. the english excise, the scottish customs, scottish excise, and the irish revenue signals of chase were blue pendants and ensigns similarly flown, but as to the badges of office one cannot be certain. the matter of english customs flags has been obscured by the quotation in marryat's _the king's own_, where a smuggler is made to remark on seeing a revenue vessel's flag, "revenue stripes, by the lord." it has been suggested that the bars of the castle port and portcullis in the seal were called "stripes" by the sailors of that day, inasmuch as they called the east india company's flag of genuine stripes the "gridiron." but to me it seems much more likely that the following is the explanation for calling a revenue cutter's flag "stripes." the signal flags nos. and , which were used by the royal navy in to order a chase both consisted of stripes.[ ] no. consisted of eleven horizontal stripes, viz. six red and five white. flag no. had nine horizontal stripes, viz. red, white, blue repeated three times, the red being uppermost. i submit that in sailor's slang these signals would be commonly referred to as "stripes." consequently whatever flags subsequently would be used to signal a chase would be known also as "stripes." therefore whatever signal might be flown in the revenue service when chasing would be known as "stripes" also. but by an order in council of the st of february , the pendant and ensign were to be thus:-- the pendant to have a red field having a regal crown thereon at the upper part next the mast. the ensign to be a red jack with a union jack in a canton at the upper corner next the staff, and with a regal crown in the centre of the red jack. this was to be worn by all vessels employed in the prevention of smuggling under the admiralty, treasury, customs or excise. now during an interesting trial at the admiralty sessions held at the old bailey in april of , concerning the chasing of a smuggler by a revenue cruiser, lieutenant henry nazer, r.n., who was commanding the cutter, stated in his evidence that when he came near this smuggling vessel the former hoisted the revenue pendant at the masthead, which he described as "a red field with a crown next the mast at the upper part of it." he also hoisted the revenue ensign at the peak-end, the "union at the upper corner in a red field," the field of the ensign being also red. it had a jack in the corner. this, then, was exactly in accordance with the order in council of mentioned above. but my own opinion relative to the firing of the _first_ gun is in favour of the proposition that this was not necessarily unshotted. i shall refer in greater detail to the actual incidents, here quoted, on a later page, but for our present purpose the following is strong proof in favour of this suggestion. during a trial in the year (attorney-general _v_. william evans) it transpired that evans had entered the medway in a smack without heaving-to, and the following questions and answers respectively were made by counsel and richard braddy, a coastguard who at the time of the incident was on duty at garrison fort (sheerness):-- _question._ "is the first signal a shot always?" _answer._ "a blank cartridge we fire mostly." _q._ "did you fire a blank?" _a._ "no, because she was going too fast away from me." _q._ "did you hit her?" _a._ "no." to me it seems certain from this evidence of the coastguard that though the first signal was "mostly" blank, yet it was not always or necessarily so. it was frequently discovered that smuggling vessels lay off the coast some distance from the shore and unshipped their cargoes then into smaller craft by which they were brought to land, and this practice was often observed by the naval officers at the signal stations. thus, these smuggling runs might be prevented if those officers were enabled to apprise the admiralty and revenue cruisers whenever observed, so the treasury put themselves in communication with the customs board with regard to so important a matter. this was in the year . the admiralty were requested to appoint some signals by which naval officers stationed at the various signal-posts along the coasts might be able to convey information to his majesty's and the revenue cruisers whenever vessels were observed illegally discharging cargoes. the admiralty accordingly did as requested, and these signals were sent on to the commanders of the cutters. this, of course, opened up a new matter in regard to the apportioning of prize-money, and it was decided that when any vessel or goods discharged therefrom should be seized by any of the cruisers in consequence of information given by signal from these stations, and the vessel and her goods afterwards were condemned, one-third of the amount of the king's share was to be paid to the officer and men at the signal-post whence such information was first communicated. the obvious intention of this regulation was to incite the men ashore to keep a smart look-out. the coast signal-stations[ ] had been permanently established in the year , and were paid off at the coming of peace but re-established when the war broke out again, permission being obtained from the owners of the land and a code of signals prepared. the establishment of these signal-stations had been commenced round the coast soon after the revolutionary war. those at fairlight and beachy head were established about .[ ] each station was supplied with one red flag, one blue pendant, and four black balls of painted canvas. when the sea fencibles, to whom we referred some time back, were established, the signal-stations were placed under the district captains. this was done in march , and the same thing was done when the sea fencibles had to be re-established in . the signal-stations at torbay and new romney (east bay, dungeness) had standing orders, says captain hudleston, to report all arrivals and departures direct to the admiralty. the customs board advanced another step forward when, in the year , they considered whether "benefit might not arise to the service by establishing certain signals by which the commanders of the several cruisers in the service of the revenue might be enabled to make their vessels known to each other, on meeting at sea, or to distinguish each other at a distance, and also to make such communications as might be most useful, as well as to detect any deception which might be attempted to be practised by the masters of vessels belonging to the enemy, or of smuggling vessels." they therefore consulted "the proper officers on the subject," and a code of tabular signals was drawn up and approved and sent to the commanders of the cruisers in a confidential manner. each commander was enjoined to pay the most strict attention to such signals as might be made under the regulations, and to co-operate by every means in his power for the attainment of the objects in view. these commanders were also to apprise the customs board of any matter which might arise in consequence thereof "fit for our cognisance." these signals were also communicated to the commanders of the several admiralty cruisers. and we must remember that although naval signalling had in a crude and elementary manner been in vogue in our navy for centuries, and the earliest code was in existence at any rate as far back as , yet it was not till the eighteenth century that it showed any real development. during the early years of the nineteenth century a great deal of interest was taken in the matter by such men as mr. goodhew, sir home popham, captain marryat, and others. it was the atmosphere of the french and spanish wars which gave this incentive, and because the subject was very much in the naval minds at that time it was but natural that the revenue service should appreciate the advantage which its application might bestow for the prevention of smuggling. further means were also taken in the early nineteenth century to increase the efficiency of the cruisers. in , in order that they should be kept as constantly as possible on their stations, and that no excuses might be made for delays, it was decided that in future the inspecting commanders of districts be empowered to incur expenses up to £ for the repairs which a cutter might need, and £ for similar repairs to her boats. the commanders of the cruisers were also permitted to incur any expenses up to £ for the cutter and boats under their command. such expenses were to be reported to the board, with information as to why this necessity had arisen, where and by what tradesmen the work had been done, and whether it had been accomplished in the most reasonable manner. at the end of the following year, in order still further to prevent cruisers being absent from their stations "at the season of the year most favourable for smuggling practices, and when illegal proceedings are generally attempted," _i.e._ in the dark days of autumn and winter and spring, and in order, also, to prevent several cutters being in the port of london at the same time, "whereby the part of the coast within their respective districts would be left altogether without guard," the commanders of these cruisers were to give warning when it was apparent that extensive repairs were needed, or a general refit, or any other cause which compelled the craft to come up to london. timely notice was to be given to the board so that the necessity and propriety thereof should be inquired into. it was done also with a view to bringing in the cruisers from their respective stations only as best they might be spared consistent with the good of the service. but they were to come to london for such purposes only between april and september of each year. by this means there would always be a good service of cruisers at sea during the bad weather period, when the smugglers were especially active. in our quotation from _the three cutters_ in another chapter we gave the colours of the paint used on these vessels. i find an interesting record in the custom house dated november , , giving an order that, to avoid the injury which cruisers sustain from the use of iron bolts, the decks in future were to be fastened with composition bolts, "which would eventually prove a saving to the revenue." after ordering the commanders to cause their vessels to be payed twice every year either with paint or bright varnish, and not to use scrapers on their decks except after caulking, and then only to remove the unnecessary pitch, the instruction goes on to stipulate the only paint colours which are to be employed for cruisers. these are such as were then allowed in the navy, viz. black, red, white, or yellow. but apart from all the manifold difficulties and anxieties, both general and detailed, which arose in connection with these cruisers so long as they were at sea or in the shipwrights' hands, in commission or out of commission, there were others which applied more strictly to their crews. such an incident as occurred in the year needed very close attention. in that year the english ambassador at the court of france had been informed by monsieur de vergennes that parties of sailors belonging to our revenue cruisers had recently landed near boulogne in pursuit of some smugglers who had taken to the shore. monsieur de vergennes added that if any british sailors or other armed men should be taken in such acts of violence the french government would unhesitatingly sentence them immediately to be hanged. of course the french government were well within their rights in making such representations, for natural enough as no doubt it was to chase the smugglers when they escaped ashore, yet the trespass was indefensible. the board of customs therefore instructed their cruisers, as well as those of the admiralty "whose commanders are furnished with commissions from this board," to make a note of the matter, in order that neither they nor their men might inadvertently expose themselves to the severity denounced against them by the french laws upon acts of the like nature. in one of the mariners belonging to a cruiser happened to go ashore, and whilst there was seized by the press-gang for his majesty's navy. such an occurrence as this was highly inconvenient not only to the man but to the board of customs, who resolved that henceforth the commanders of cruisers were not to allow any of their mariners shore leave unless in case of absolute necessity "until the protections which may be applied for shall have been received and in possession of such mariners." another matter that required rectification was the practice of taking on board some of their friends and relatives who had no right to be there. whether this was done for pleasure or profit the carrying of these passengers was deemed to be to the great detriment of the service, and the board put a stop to it. it was not merely confined to the cruisers, but the boats and galleys of the waterguard were just as badly abused. the one exception allowed was, that when officers of the waterguard were removing from one station to another, they might use such a boat to convey their families with them provided it did not interfere with the duties of these officers. so also some of the commanders of the cruisers had even taken on board apprentices and been dishonest enough to have them borne on the books as able seamen, and drawn their pay as such. the board not unnaturally deemed this practice highly improper, and immediately to be discontinued. no apprentices were to be borne on the books except the boy allowed to all cruisers. after a smuggling vessel's cargo had been seized and it was decided to send the goods to london, this was done by placing the tobacco, spirits, &c., in a suitable coaster and despatching her to the thames. but in order to prevent her being attacked on the sea by would-be rescuers she was ordered to be convoyed by the revenue cutters. the commander of whatever cruiser was in the neighbourhood was ordered "to accompany and guard" her to the nore or sea reach as the case might be. every quarter the cruisers were also to send a list of the seizures made, giving particulars of the cruiser--her name, burthen, number of guns, number of men, commander's name, number of days at sea during that quarter, how many days spent in port and why, the quantity of goods and nature of each seizure, the number and names of all smuggling vessels captured, both when and where. there was also to be sent the number of men who had been detained, how they had been disposed of, and if the men had not been detained how it was they had escaped. "their lordships are induced to call for these returns," ran the instruction, "in order to have before them, quarterly, a comparative view of the exertions of the several commanders of the revenue cruisers.... they have determined, as a further inducement to diligence and activity in the said officers, to grant a reward of £ to the commander of the revenue cruiser who, in the course of the year ending st october , shall have so secured and delivered over to his majesty's naval service the greatest number of smugglers; a reward of £ to the commander who shall have secured and delivered over the next greatest number, and a reward of £ to the commander who shall be third on the list in those respects." that was in september of . during the year ending october , , captain gunthorpe, commander of the excise cutter _viper_, succeeded in handing over to his majesty's navy thirteen smugglers whom he had seized. as this was the highest number for that year he thus became entitled to the premium of £ . captains curling and dobbin, two revenue officers, were together concerned in transferring six men to the navy, but inasmuch as captain patmour had been able to transfer five men during this same year it was he to whom the £ were awarded. captain morgan of the excise cutter and captain haddock of the custom house cutter _stag_ each transferred four men during that year. "but my lords," states a treasury minute of december , , "understanding that the nature of the service at deal frequently requires the revenue vessels to co-operate with each other, do not think it equitable that such a circumstance should deprive messrs. curling and dobbin of a fair remuneration for their diligence, and are therefore pleased to direct warrants likewise to be prepared granting to each of those gentlemen the sum of £ ." in spite of the above numbers, however, the treasury were not satisfied, and did not think that the number of men by this means transferred to the navy had been at all proportionate to the encouragement which they had held out. they therefore altered the previous arrangement so as to embrace those cases only in which the exertions of the cruisers' commanders had been of an exceptionally distinguished nature. thus during and the succeeding years, until some further provision might be made, it was decided that "the sum of £ will be paid to such person commanding a revenue cutter as shall in any one year transfer to the navy the greatest number of smugglers, not being less than twenty." the sum of £ was to be paid to the persons commanding a revenue cutter who in any year should transfer the next greatest number of smugglers, not being less than fifteen. and £ were to be paid to the commander who in one year should have transferred the third largest, not being less than ten. this decision was made in january of , and in the following year it was directed that in future the rewards granted to the commanders of the revenue cruisers for delivering the greatest number of smugglers should be made not exclusively to the commanders but distributed among the commander, officers, and crew according to the scale which has already been given on an earlier page in this volume. at the end of the year it was further decided that when vessels and boats of above four tons measurement were seized in ballast and afterwards broken up, not owing to their build, their construction, or their denomination, but simply because they had been engaged in smuggling, the seizing officers should become entitled to s. a ton. there was also a system instituted in the year by which the widows of supervisors and surveyors of riding officers and commanders of cruisers were allowed £ per annum, with an additional allowance of £ per annum for each child until it reached the age of fifteen. the widows of riding officers, mates of cutters, and sitters of boats specially stationed for the prevention of smuggling were allowed £ per annum and £ for each child until fifteen years old. in the case of the widows of mariners they were to have £ a year and £ , s. for each child till the age of fifteen. and one finds among those thus rewarded ann sarmon, the widow, and the three children of the commander of the _swan_ cutter stationed at cowes; the one child of the mate of the _tartar_ cutter of dover; the widow of the mate of the _dolphin_ of st. ives; the widow of the riding officer at southampton; the widow and children of the commander of the cutter _hunter_ at yarmouth; and likewise of the _hunter's_ mate. after the th of october the allowance for victualling the crews of the revenue cruisers was augmented as follows:--for victualling commander and mate, s. a day each and s. d. per lunar month for fire and candle. for victualling, fire, and candle for mariners, s. d. a day each. the daily rations to be supplied to each mariner on board the cruisers were to consist of - / lbs. of meat, - / lbs. of bread, and two quarts of beer. if flour or vegetables were issued the quantity of bread was to be reduced, and if cheese were supplied then the amount was to be reduced in proportion to the value and not to the quantity of such articles. and, in order to obtain uniformity, a table of the rations as above was to be fixed up against the fore side of the mast under the deck of the cruiser, and also in some conspicuous place in the custom house. very elaborate instructions were also issued regarding the use of the tourniquet, which "is to stop a violent bleeding from a wounded artery in the limbs till it can be properly secured and tied by a surgeon." the medicine chest of these cruisers contained the following twenty articles: vomiting powders, purging powders, sweating powders, fever powders, calomel pills, laudanum, cough drops, stomach tincture, bark, scurvy drops, hartshorn, peppermint, lotion, friar's balsam, turner cerate, basilicon (for healing "sluggish ulcers"), mercurial ointment, blistering ointment, sticking-plaster, and lint. in short, with its fleet of cruisers well armed and well manned, well found in everything necessary both for ship and crew; with good wages, the offer of high rewards, and pensions; with other privileges second only to those obtainable in the royal navy; the customs board certainly did their best to make the floating branch of its preventive service as tempting and efficient as it could possibly be. and that there were not more captures of smugglers was the fault at any rate not of those who had the administration of these cutters. [illustration: h.m. cutter _wickham_ commanded by captain john fullarton, r.n. from a contemporary painting in the possession of dr. robertson-fullarton of kilmichael.] a very good idea as to the appearance of a nineteenth century revenue cruiser may be obtained by regarding the accompanying photographs of his majesty's cutter _wickham_. these have been courteously supplied to me by dr. robertson-fullarton of kilmichael, whose ancestor, captain fullarton, r.n., had command of this vessel. the original painting was made in , and shows a fine, able vessel with ports for seven guns a-side, being painted after the manner of the contemporary men-of-war. to facilitate matters the central portion of the picture has been enlarged, and thus the rigging and details of the _wickham_ can be closely examined. it will be observed that this cutter has beautiful bows with a fine, bold sheer, and would doubtless possess both speed and considerable seaworthiness essential for the west coast of scotland, her station being the island of arran. in the picture before us it will be seen that she has exceptionally high bulwarks and appears to have an additional raised deck forward. the yard on which the squaresail was carried when off the wind is seen lowered with its foot-ropes and tackle. the mainsail is of course loose-footed, and the tack is seen well triced up. two things especially strike us. first, the smallness of the yard to which the head of the gaff-topsail is laced; and secondly, the great size of the headsail. she has obviously stowed her working jib and foresail and set her balloon jib. when running before a breeze such a craft could set not merely all plain sail, but her squaresail, square-topsail and even stun'sls. therefore, the smuggling vessel that was being chased must needs be pretty fleet of foot to get away. [illustration: h.m. cutter wickham this shows an early nineteenth century king's cutter (_a_) running before the wind with square sails and stuns'ls set, (_b_) on a wind with big jib set.] campbeltown in those days was the headquarters of no fewer than seven large revenue cruisers, all being commanded by naval officers. they were powerful vessels, generally manned by double crews, each having a smaller craft to act as tender, their chief duties being to intercept those who smuggled salt, spirits, and tea from the isle of man. the officers and men of the cutters made campbeltown their home, and the houses of the commanders were usually built opposite to the buoys of the respective cutters. the merits of each cutter and officer were the subject of animated discussion in the town, and how "old jack fullarton had carried on" till all seemed to be going by the board on a coast bristling with sunken rocks, or how captain beatson had been caught off the mull in the great january gale, and with what skill he had weathered the headland--these were questions which were the subjects of many a debate among the enthusiasts. this captain john fullarton had in early life served as a midshipman on a british man-of-war. on one occasion he had been sent under lord wickham to france on a certain mission in a war-vessel. the young officer's intelligence, superior manners, and handsome appearance so greatly pleased lord wickham, that his lordship insisted on having young fullarton alone to accompany him ashore. after the mission was over lord wickham suggested procuring him some advancement in the service, to which fullarton replied, "my lord, i am sincerely grateful for your undesired kindness, and for the interest you have been pleased to show in regard to my future prospects. since, however, you have asked my personal views, i am bound to say i am not ambitious for promotion on board a man-of-war. i have a small property in scotland, and if your lordship could obtain for me the command of one of his majesty's cutters, with which i might spend my time usefully and honourably in cruising the waters around my native island of arran, i should feel deeply indebted to you, and i should value such an appointment above all others." soon afterwards, the cutter _wickham_ was launched, and mr. fullarton obtained his commission as captain, the mate being mr. donald fullarton, and most of the crew arran men.[ ] footnotes: [ ] the use of the petticoat as a seaman's article of attire dates back to the time of chaucer: "a shipman was ther, woning fer by weste: for aught i woot, he was of dertemouthe. he rood up-on a rouncy, as he couthe, in a gowne of falding to the knee." "falding" was a coarse cloth. [ ] see appendix viii. [ ] see captain robinson's, _the british fleet_, p. . [ ] _ibid._, p. . [ ] i am indebted to a suggestion made on p. , vol. i. no. of _the mariner's mirror_. [ ] see article by captain r. hudleston, r.n., in _the mariner's mirror_, vol. i. no. . [ ] _victoria county hist.: sussex_, vol. ii. p. . [ ] for these details i am indebted to the kindness of dr. robertson-fullarton, who has also called my attention to some information in an unlikely source--_the memoirs of norman macleod, d.d._, by donald macleod, . chapter x the increase in smuggling by an order in council, dated september , , certain rewards were to be paid to the military for aiding any officer of the customs in making or guarding any seizure of prohibited "or uncustomed goods." it was further directed that such rewards should be paid as soon as possible, for which purpose the controllers and collectors were to appraise with all due accuracy all articles seized and brought to his majesty's warehouse within seven days of the articles being brought in. the strength of all spirits seized by the navy or military was also to be ascertained immediately on their being brought into the king's warehouse, so that the rewards might be immediately paid. the tobacco and snuff seized and condemned were ordered to be sold. but when these articles at such a sale did not fetch a sum equal to the amount of the duty chargeable, then the commodity was to be burnt. great exertions were undoubtedly made by the soldiers for the suppression of smuggling, but care had to be taken to prevent wanton and improper seizures. the men of this branch of the service were awarded s. for every horse that was seized by them with smuggled goods. everyone is aware of the fact that, not once but regularly, the smugglers used to signal to their craft at night from the shore as to whether the coast were clear, or whether it were better for the cutter or lugger to run out to sea again. from a collection of authentic incidents i find the following means were employed for signalling purposes:-- . the commonest signal at night was to wave a lantern from a hill or some prominent landmark, or from a house suitably situated. . to take a flint and steel and set fire to a bundle of straw near the edge of a cliff. . to burn a blue light. . to fire a pistol. . the above were all night-signals, but for day-work the craft could signal to the shore or other craft by lowering and raising a certain sail so many times. there were very many prosecutions for signalling to smuggling craft at many places along our coast. a sentence of six months' imprisonment was usually the result. similarly, the preventive officers on shore used to fire pistols or burn a blue light in signalling to themselves for assistance. the pistol-firing would then be answered by that of other customs men in the neighbourhood. and with regard to the matter of these signals by the friends of smugglers, the attorney-and solicitor-general in gave their opinion to the effect that it was not even necessary for the prosecution to prove that there was at that time hovering off the coast a smuggling craft, or that one was found to have been within the limits; but the justice and jury must be satisfied from the circumstances and proof that the fire was lit for the purpose of giving a signal to some smugglers. by the summer of smuggling in england and wales had increased to what the commissioners of customs designated an "alarming extent." an act was therefore passed to ensure the more effectual prevention of this crime, and once again the revenue officers were exhorted to perform their duty to its fullest extent, and were threatened with punishment in case of any dereliction in this respect, while rewards were held out as an inducement to zealous action. under this new act powers were given to the army, navy, marines, and militia to work in concert with each other for the purpose of preventing smuggling, for seizing smuggled goods, and all implements, horses, and persons employed or attempting to bring these ashore. the lack of vigilance, and even the collusion with smugglers, on the part of revenue officials was still too real to be ignored. between dover and rye, especially, were tobacco, snuff, spirits and tea run into the country to a very considerable extent. and the government well knew that "in some of the towns on the coast of kent and sussex, amongst which are hastings, folkestone, hythe, and deal, but more especially the latter, the practice of smuggling is carried on so generally by such large gangs of men, that there can exist no hope of checking it but by the constant and most active vigilance of strong military patrols, with parties in readiness to come to their assistance." so wrote mr. w. huskisson, secretary of the treasury, to colonel gordon in august . the deal smugglers went to what mr. huskisson called "daring lengths," and for this reason the treasury suggested that patrols should be established within the town of deal, and for two or three miles east and west of the same. and the treasury also very earnestly requested the commander-in-chief for every possible assistance from the army. it was observed, also, that so desperate were these smugglers, that even when they had been captured and impressed, they frequently escaped from the men-of-war and returned to their previous life of smuggling. to put a stop to this the treasury made the suggestion that such men when captured should be sent to ships cruising at distant foreign stations. some idea of the violence which was always ready to be used by the smugglers may be gathered by the incident which occurred on the th of february . on this day the cutter _tartar_, in the service of the customs, and the excise cutter _lively_ were at p.m. cruising close to dungeness on the look-out for smuggling craft. at the time mentioned they saw a large decked lugger which seemed to them indeed to be a smuggler. it stood on its course and eventually must run its nose ashore. thereupon a boat's crew, consisting of men from the _tartar_ and the _lively_, got out their oars and rowed to the spot where the lugger was evidently about to land her cargo. they brought their boat right alongside the lugger just as the latter took the ground. but the lugger's crew, as soon as they saw the revenue boat come up to her, promptly forsook her and scrambled on to the beach hurriedly. it was noticed that her name was _diana_, and the revenue officers had from the first been pretty sure that she was no innocent fishing-vessel, for they had espied flashes from the shore immediately before the _diana_ grazed her keel on to the beach. led by one of the two captains out of the cutters, the revenue men got on board the smuggler and seized her, when she was found to contain a cargo of casks of brandy, casks of rum, and casks of geneva. besides these, she had four casks, one case and one basket of wine, bags of tobacco, and lbs. of tea--truly a very fine and valuable cargo. but the officers had not been in possession of the lugger and her cargo more than three-quarters of an hour before a great crowd of infuriated people came down to the beach, armed with firearms and wicked-looking bludgeons. for the lugger's crew had evidently rushed to their shore friends and told them of their bad luck. some members of this mob were on horseback, others on foot, but on they came with oaths and threats to where the lugger and her captors were remaining. "we're going to rescue the lugger and her goods," exclaimed the smugglers, as they stood round the bows of the _diana_ in the darkness of the night. the revenue men warned them that they had better keep off, or violence would have to be used to prevent such threats being carried out. [illustration: "a great crowd of infuriated people came down to the beach."] but it was impossible to expect reason from an uncontrolled mob raging with fury and indignation. soon the smugglers had opened fire, and ball was whistling through the night air. the _diana_ was now lying on her side, and several muskets were levelled at the revenue men. one of the latter was a man named dawkins, and the smugglers had got so close that one villainous ruffian presented a piece at dawkins' breast, though the latter smartly wrested it from him before any injury had been received. but equally quickly, another smuggler armed with a cutlass brought the blade down and wounded dawkins on the thumb. a general engagement now proceeded as the smugglers continued to fire, but unfortunately the powder of the revenue men had become wet, so only one of their crew was able to return the fire. finding at length that they were no match for their aggressors, the crews were compelled to leave the lugger and retreat to some neighbouring barracks where the lancashire militia happened to be quartered, and a sergeant and his guard were requisitioned to strengthen them. with this squad the firing was more evenly returned and one of the smugglers was shot, but before long, unable to resist the military, the smugglers ceased firing and the beach was cleared of the mob. the matter was in due course reported to the board of customs, who investigated the affair and ordered a prosecution of the smugglers. no one had been captured, however, so they offered a reward of £ . that was in the year ; but it was not till or that information came into their hands, for no one would come forward to earn the reward. in the last-mentioned year, however, search was made for the wanted men, and two persons, named respectively jeremiah maxted and thomas gilbert, natives of lydd, were arrested and put on their trial. they were certainly the two ringleaders of that night, and incited the crowd to a frenzy, although these two men did not actually themselves shoot, but they were heard to offer a guinea a man to any of the mob who would assist in rescuing the seized property. still, in spite of the evidence that was brought against these men, such was the condition of things that they were found not guilty. but it was not always that the revenue men acted with so much vigour, nor with so much honesty. it was towards the end of the year that two of the riding officers stationed at newhaven, sussex, attempted to bribe a patrol of dragoons who were also on duty there for the prevention of smuggling. the object of the bribe was to induce the military to leave their posts for a short period, so that a cargo of dutiable goods, which were expected shortly to arrive, might be smuggled ashore without the payment of the crown's duties. for such a suggestion to be made by preventive men was in itself disgraceful, and showed not merely a grossly dishonest purpose but an extraordinary failure of a sense of duty. however, the soldiers, perhaps not altogether displeased at being able to give free rein to some of the jealousies which existed between the revenue men and the army, did not respond to the suggestion, but promptly arrested the riding officers and conducted them to newhaven. of these two it was afterwards satisfactorily proved that one had actually offered the bribe to the patrol, but the other was acquitted of that charge. both, however, were dismissed from the customs service, while the sergeant and soldiers forming the patrol were rewarded, the sum of £ being sent to the commanding officer of their regiment, to be divided among the patrol as he might think best. it was not merely the tobacco, spirits, and tea which in the early years of the nineteenth century were being smuggled into the country, although these were the principal articles. in addition to silks, laces, and other goods, the number of pairs of gloves which clandestinely came in was so great that the manufacture of english gloves was seriously injured. in the year so ineffectual had been the existing shore arrangements that an entirely new plan was inaugurated for suppressing smuggling. the riding officers no doubt had a difficult and even dangerous duty to perform, but their conduct left much to be desired, and they needed to be kept up to their work. under the new system, the office of supervisor or surveyor of riding officers was abolished, and that of inspector of riding officers was created in its stead. the coast of england was divided into the following three districts:-- no. i. london to penzance. no. ii. penzance to carlisle. no. iii. london to berwick. there were altogether seven of these inspectors appointed, three being for the first district, two for the second, and two for the third. the first district was of course the worst, because it included the english channel and especially the counties of kent and sussex. hence the greater number of inspectors. hence, also, these three officers were given a yearly salary of £ , with a yearly allowance of £ for the maintenance of a horse. the inspectors of the other two districts were paid £ each with the same £ allowance for a horse. in addition, the inspectors of all districts were allowed s. a day when upon inspections, which were not to last less than days in each quarter in actual movement, "in order by constant and unexpected visitations, strictly to watch and check the conduct of the riding officers within their allotted station." under this new arrangement, also, the total number of riding officers was to be , and these were divided into two classes--superior and inferior. their salaries and allowances were as follows:-- first district superior riding officer £ inferior " " allowance for horse second and third districts superior riding officer £ inferior " " allowance for horse the general principle of promotion was to be based on the amount of activity and zeal which were displayed, the superior riding officers being promoted from the inferior, and the inspectors of districts being promoted from the most zealous superior riding officers. and there was, too, a difficulty with regard to the smugglers when they became prisoners. we have already remarked how ready they were to escape from the men-of-war. in the year there were some smugglers in detention on board one of the revenue cutters. at that time the cutter's mate was acting as commander, and he was foolish enough to allow some of the smugglers' friends from the shore--themselves also of the same trade--to have free communication with two of the prisoners without anyone being present on behalf of the customs. the result was that one of the men succeeded in making his escape. as a result of this captive smugglers were not permitted to have communication with their friends except in the presence of a proper officer. and there was a great laxity, also, in the guarding of smugglers sent aboard his majesty's warships. in several cases the commanders actually declined to receive these men when delivered by the revenue department: they didn't want the rascals captured by the cutters, and they were not going to take them into their ship's complement. this went on for a time, until the admiralty sent down a peremptory order that the captains and commanders were to receive these smugglers, and when an opportunity arose they were to send them to the flagship at portsmouth or plymouth. as illustrative of the business-like methods with which the smugglers at this time pursued their calling, the following may well be brought forward. in the year several of the chief smuggling merchants at alderney left that notorious island and settled at cherbourg. but those small craft, which up till then had been wont to run across to the channel isles, began instantly to make for the french port instead. from lyme and beer in west bay, from portland and from the isle of wight they sailed, to load up with their illicit cargoes, and as soon as they arrived they found, ready awaiting them in the various stores near the quays, vast quantities of "tubs," as the casks were called, whilst so great was the demand, that several coopers were kept there busily employed making new ones. loaded with spirits they were put on board the english craft, which soon hoisted sail and sped away to the english shores, though many there must have been which foundered in bad weather, or, swept on by the dreaded alderney race and its seven-knot tide, had an exciting time, only to be followed up later by the english revenue cutters, or captured under the red cliffs of devonshire in the act of taking the tubs ashore. for the customs board well knew of this change of market to cherbourg, and lost no time in informing their officers at the different outports and the cruiser-commanders as well. a large number of the merchant-smugglers from guernsey at the same time migrated to coniris, about eight miles from tregner, in france, and ten leagues east of the isle of bas, and twelve leagues s.s.w. from guernsey. anyone who is familiar with that treacherous coast, and the strength of its tides, will realise that in bad weather these little craft, heavily loaded as they always were on the return journey, must have been punished pretty severely. some others, doubtless, foundered altogether and never got across to the devonshire shores. those people who had now settled down at coniris were they who had previously dealt with the smugglers of cawsand, polperro, mevagissey, and gerrans. to these places were even sent circular letters inviting the english smugglers to come over to coniris, just as previously they had come to fetch goods from guernsey. and another batch of settlers from guernsey made their new habitation at roscore (isle of bas), from which place goods were smuggled into coverack (near the lizard), kedgworth, mount's bay, and different places "in the north channel." spirits, besides being brought across in casks and run into the country by force or stealth, were also frequently at this time smuggled in through the agency of the french boats which brought vegetables and poultry. in this class of case the spirits were also in small casks, but the latter were concealed between false bulkheads and hidden below the ballast. but this method was practically a new departure, and began only about . this was the smuggling-by-concealment manner, as distinct from that which was carried on by force and by stealth. we shall have a good deal more to say about this presently, so we need not let the matter detain us now. commanders of cruisers were of course on the look-out for suspected craft, but they were reminded by the board that they must be careful to make no seizures within three miles of the french and dutch coasts. and that was why, as soon as a suspected vessel was sighted, and a capture was about to be made, some officer on the revenue cutter was most careful immediately to take cross-bearings and fix his position; or if no land was in sight to reckon the number of leagues the ship had run since the last "fix" had been made. this matter naturally came out very strongly in the trials when the captured smugglers were being prosecuted, and it was the business of the defending counsel to do their best to upset the officers' reckoning, and prove that the suspected craft was within her proper and legitimate limits. another trick which sprang up also about , was that of having the casks of spirits fastened, the one behind the other, in line on a warp. one end of this rope would be passed through a hole at the aftermost end of the keel, where it would be made fast. as the vessel sailed along she would thus tow a whole string of barrels like the tail of a kite, but in order to keep the casks from bobbing above water, sinkers were fastened. normally, of course, these casks would be kept on board, for the resistance of these objects was very considerable, and lessened the vessel's way. any one who has trailed even a fairly thick warp astern from a small sailing craft must have been surprised at the difference it made to the speed of the vessel. but so soon as the revenue cutter began to loom big, overboard went this string of casks towing merrily below the water-line. the cutter would run down to her, and order her to heave-to, which she could afford to do quite willingly. she would be boarded and rummaged, but the officer would to his surprise find nothing at all and be compelled to release her. away would go the cruiser to chase some other craft, and as soon as she was out of the range of the commander's spy-glass, in would come the tubs again and be stowed dripping in the hold. this trick was played many a time with success, but at last the cruisers got to hear of the device and the smugglers were badly caught. i shall in due season illustrate this by an actual occurrence. what i want the reader to bear in mind is, that whilst the age of smuggling by violence and force took a long time to die out, yet it reached its zenith about the middle or the last quarter of the eighteenth century. right till the end of the grand period of smuggling violence was certainly used, but the year inaugurated a period that was characterised less by force and armed resistance than by artfulness, ingenuity, and all the inventiveness which it is possible to employ on a smuggling craft. "smugglers," says marryat in one of his novels, "do not arm now--the service is too dangerous; they effect their purpose by cunning, not by force. nevertheless, it requires that smugglers should be good seamen, smart, active fellows, and keen-witted, or they can do nothing.... all they ask is a heavy gale or a thick fog, and they trust to themselves for success." it was especially after the year , when, as we shall see presently, the admiralty reorganised the service of cruisers and the land-guard was tightened up, that the smugglers distinguished themselves by their great skill and resource, their enterprise, and their ability to hoodwink the revenue men. the wars with france and spain had come to an end, and the government, now that her external troubles allowed, could devote her attention to rectifying this smuggling evil. this increased watchfulness plus the gradual reduction of duties brought the practice of smuggling to such a low point that it became unprofitable, and the increased risks were not the equivalent of the decreased profits. this same principle, at least, is pursued in the twentieth century. no one is ever so foolish as to try and run whole cargoes of goods into the country without paying customs duty. but those ingenious persons who smuggle spirits in foot-warmers, saccharine in the lining of hats, tobacco and cigars in false bottoms and other ways carry out their plans not by force but by ingenuity, by skill. chapter xi the smugglers at sea had you been alive and afloat in june of and been cruising about near falmouth bay, or taken up your position on the top of one of those glorious high cliffs anywhere between st. anthony and the dodman, and remembered first to take with you your spyglass, you would have witnessed a very interesting sight; that is to say, if you had been able to penetrate through the atmosphere, which was not consistently clear throughout the day. for part of it, at any rate, was hazy and foggy just as it often is in this neighbourhood at that time of year, but that was the very kind of conditions which the smuggler loved. between those two headlands are two fine bays, named respectively gerrans and veryan, while away to the south-west the land runs out to sea till it ends in the lizard. a whole history could be written of the smuggling which took place in these two bays, but we must content ourselves with the one instance before us. on this day it happened that his majesty's frigate _fisgard_ was proceeding up channel under the command of captain michael seymour, r.n. the time was three in the afternoon. in spite of the haziness it was intermittent, and an hour earlier he had been able to fix his position by st. anthony, which then bore n. by w. distant six or seven miles. he was then sailing by the wind close-hauled lying s.s.e. / e., in other words, standing away from the land out into mid-channel, the breeze being steady. by three o'clock the _fisgard_ had only travelled about another six or seven miles, so that she was now about - / miles from st. anthony or just to seaward of the lizard. it was at this time that the frigate sighted a smaller craft, fore-and-aft rigged and heading n.n.w., also on a wind, the breeze being abaft her port, or, as they called it in those days, the larboard-beam. this subsequently turned out to be the cutter _flora_, and the course the cutter was taking would have brought her towards the dodman. the haze had now lifted for a time, since although the _flora_ was quite eight miles away she could be descried. knowing that this cutter had no right to be within a line drawn between the lizard and prawl point, the _fisgard_ starboarded her helm and went in pursuit. but the _flora's_ crew were also on the look-out, though not a little displeased that the fog had lifted and revealed her position. when she saw that the _fisgard_ was coming after her she began to make off, bore up, and headed due north. but presently she altered her tactics and hauled round on the starboard tack, which would of course bring her away from the land, make her travel faster because her head-sails would fill, and she hoped also no doubt to get clear of the prawl-to-lizard line. before this she had been under easy sail, but now she put up all the canvas she could carry. but unfortunately the _flora_ had not espied earlier in the day another frigate which was also in the vicinity. this was the _wasso_, and the haze had hidden her movements. but now, even though the weather was clearing, the bigger ship had been hidden from view because she had been just round the corner in mevagissey bay. and at the very time that the _flora_ was running away from the _fisgard_ and travelling finely with every sail drawing nicely and getting clear of the cliffs, the _wasso_ was working her way round the dodman. as soon as the latter came into view she took in the situation--the cutter _flora_ foaming along out to sea and the _fisgard_ coming up quickly under a mountain of canvas. so now there were two frigates pursuing the cutter, and the _flora's_ skipper must have cursed his bad luck for being caught in this trap. but that unkind haze was favouring the king's ships to-day, for ere the chase had continued much longer, yet a third frigate came in sight, whose name was the _nymph_. this was too much for the _flora_ to be chased by three ships each bigger and better armed than herself. the _nymph_ headed her off, and the cutter seeing it was all up reluctantly hove-to. on examination she was found to have a cargo of gin, brandy, and tobacco, which she would have succeeded in running ashore had the haze not played such tricks. however, she had done her best for three exciting hours, for it was not until six on that wintry evening that she was captured by the _nymph_, and if she had been able to hold on a little longer she might have escaped in the night and got right away and landed her cargo elsewhere before the sun came out. but, as it was, her skipper james dunn had to take his trial, when a verdict was given in favour of the king, and dunn was fined £ . [illustration: the _flora_ with the _fisgard_, _wasso_, and _nymph_.] we must pass over the next two years and travel from one end of the english channel to the other till we find ourselves again in kentish waters. the year is , and the th of june. on this summer's day at dawn the gun-brig _jackal_, commanded by captain stewart, r.n., was cruising about to the nor'ard of the goodwins. as day broke he was informed that three smuggling vessels had just been espied in the vicinity. the latter certainly was not more than three miles from the land, and it was fairly certain what their intention was. when captain stewart came on deck and convinced himself of their identity he ordered out his boats, he himself going in one, while one of his officers took command of another, each boat having about half-a-dozen men on board. we mentioned just now how important it was in such cases as this that the position should be defined as accurately as possible. immediately the boats had left the _jackal_ the pilot of the latter and one of the crew on board took bearings from the north foreland and found the _jackal_ was about - / miles from this landmark. they also took bearings of the position of the three smuggling luggers, and found these were about three or four miles off and bore from the _jackal_ e. by s. to return to captain stewart and the two boats: for the first twenty minutes these oared craft gained on the luggers owing to the absence of wind, and the smugglers could do nothing. the dawn had revealed the presence of the _jackal_ to the smugglers no less than the latter had been revealed to the gun-brig. and as soon as the illicit carriers realised what was about to happen they, too, began to make every effort to get moving. the early morning calm, however, was less favourable to them than to the comparatively light-oared craft which had put out from the _jackal_, so the three luggers just rolled to the swell under the cliffs of the foreland as their canvas and gear slatted idly from side to side. but presently, as the sun rose up in the sky, a little breeze came forth which bellowed the lug-sails and enabled the three craft to stand off from the land and endeavour, if possible, to get out into the channel. in order to accelerate their speed the crews laid on to the sweeps and pulled manfully. every sailorman knows that the tides in that neighbourhood are exceedingly strong, but the addition of the breeze did not improve matters for the _jackal's_ two boats, although the luggers were getting along finely. however, the wind on a bright june morning is not unusually fitful and light, so the boats kept up a keen chase urged by their respective officers, and after three hours of strenuous rowing captain stewart's boat came up with the first of these named the _i.o._ but before he had come alongside her and was still yards away, the master and pilot of this smuggler and six of her crew was seen to get into the lugger's small boat and row off to the second lugger named the _nancy_, which they boarded. when the _jackal's_ commander, therefore, came up with the _i.o._ he found only one man aboard her. he stopped to make some inquiries, and the solitary man produced some bills of lading and other papers to show that the craft was bound from emden to guernsey, and that their cargo was destined for the latter place. the reader may well smile at this barefaced and ingenuous lie. not even a child could be possibly persuaded to imagine that a vessel found hovering about the north foreland was really making for the channel isles from germany. it was merely another instance of employing these papers if any awkward questions should be asked by suspecting revenue vessels or men-of-war. what was truth, however, was that the _i.o._ was bound not to but from guernsey, where she had loaded a goodly cargo of brandy and gin, all of which was found on board, and no doubt would shortly have been got ashore and placed in one of the caves not far from longnose. moreover, the men were as good as convicted when it was found that the spirits were in those small casks or tubs which were only employed by the smugglers; and indeed never had such a cargo of spirits to guernsey been carried in such small-sized kegs, for guernsey always received its spirits in casks of bold dimensions. it was further pointed out at the trial that the luggers could not have been bound on the voyage alleged, for they had not enough provisions on board. the solicitor-general also demonstrated the fact that when these luggers were approached in deep water--that is, of course after the three hours' chase--they could not possibly have been making for guernsey. the farther they stood from the shore the greater would be their danger, for they would be likely at any hour to fall in with the enemy's privateers which were known to be cruising not far off. but to return to the point in the narrative when we digressed. captain stewart, a quarter of an hour before finally coming up with the _i.o._, had fired several times to cause her to heave-to, but this they declined to do, and all her crew but one deserted her as stated. leaving one of his own men on board her the naval officer, after marking her with a broad arrow to indicate she had been seized, went with his four remaining men in pursuit of the second lugger, which was rowing away with all haste, and alongside which the _i.o.'s_ boat was lying. but, as soon as stewart began to approach, the men now quitted the lugger and rowed back to the _i.o._ he opened fire at them, but they still persisted, and seeing this he continued to pursue the second lugger, boarded her and seized her, the time being now about . a.m. afterwards he waited until his other boat had come up, and left her crew in charge of this second lugger, and then rowed off to the first lugger again, but once more the _i.o.'s_ people deserted her and rowed towards the shore. undaunted he then went in pursuit of the third lugger, but as a breeze came up she managed to get away. presently he was able to hail a neutral vessel who gave him a passage back, and at midday he rejoined the _i.o._, which was subsequently taken captive into dover, and at a later date ordered to be condemned. she had belonged to deal and was no doubt in the regular smuggling industry. then there was the case of the lugger _polly_, which occurred in january of . because vessels of this kind were, from their construction, their size, and their rig especially suitable for running goods, they were now compelled to have a licence before being allowed to navigate at all. this licence was given on condition that she was never to be found guilty of smuggling, nor to navigate outside certain limits, the object of course being to prevent her from running backwards and forwards across the english and irish channels. in the present instance the _polly_ had been licensed to navigate and trade, to fish and to carry pilots between bexhill and coastwise round great britain, but not to cross the channels. to this effect her master, william bennett, had entered in a bond. but on the date mentioned she was unfortunately actually discovered at the island of alderney, and it was obvious that she was there for the purpose of loading the usual cargo of goods to be smuggled into england. six days later she had taken on board all that she wanted, but just as she was leaving the customs officer examined her licence; and as it was found that she was not allowed to "go foreign," and that to go to alderney had always been regarded a foreign voyage, she was promptly seized. furthermore, as there was no suggestion of any fishing-gear found on board it was a clear case, and after due trial the verdict was given for the king and she was condemned. there is existing an interesting application from the boat-masters and fishermen of robin hood's bay (yorkshire) in connection with the restrictions which were now enforced regarding luggers. these poor people were engaged in the yarmouth herring-fishery, and prayed for relief from the penalties threatened by the recent act of parliament, which stipulated that luggers of a size exceeding tons burthen were made liable to forfeiture. as their north sea craft came under this category they were naturally in great distress. however the customs board pointed out that the act allowed all vessels and boats of the above description and tonnage "which were rigged and fitted at the time of the passing thereof and intended for the purpose of fishing" to be licensed. whenever those tubs of spirits were seized from a smuggling craft at sea they were forwarded to the king's warehouse, london, by those coasting vessels, whose masters were "of known respectability." and by a different conveyance a sample pint of every cask was to be transmitted to the same address. the bungs of the casks were to be secured with a tin-plate, and under a seal of office, each cask being branded with the letters "g.r.," and the quantity given at the head of each cask. but those spirits which were seized on land and not on sea were to be sold by public auction. all smuggling transactions of any account, and all seizures of any magnitude, and especially all those which were attended by any attempt to rescue, were to be reported separately to the customs board. small casks which had contained seized spirits were, after condemnation, sometimes allowed to fall into the hands of the smugglers, who used them again for the same purpose. to put a stop to this it was ordered that these tubs were in future to be burnt or cut to pieces "as to be only fit for firewood." even as early as considerable frauds were perpetrated by stating certain imports to be of one nature when they were something entirely different. for instance a great deal of starch had been imported under the denomination of flour from ireland. the revenue officers were therefore instructed to discriminate between the two articles by the following means. starch "when in flour" and real flour could be differentiated by putting some of each into a tumbler of water. if the "flour" were starch it would sink to the bottom and form a hard substance, if it were real flour then it would turn into a paste. starch was also much whiter than flour. and a good deal of spirits, wine, tea, and tobacco brought into vessels as ship's stores for the crew were also frequently smuggled ashore. particularly was this the case in small vessels from holland, france, guernsey, jersey, and alderney. one day in the month of may, , a fine west indian ship named the _caroline_ set sail from the island of st. thomas with a valuable cargo of dutiable goods, and in due time entered the english channel. before long she had run up the coast and found herself off fairlight (between hastings and rye). the people on shore had been on the look-out for this ship, and as soon as the _caroline_ hove in sight a boat put off to meet her. some one threw down a line which was made fast to the boat, and from the latter several men clambered aboard. after the usual salutations they accompanied the master of the ship and went below to the cabin, where some time was spent in bargaining. to make a long story short, they arranged to purchase from the _caroline_ gallons of rum and some coffee, for which the west indiaman's skipper was well paid, the average price of rum in that year being about s. a gallon. a cask of rum, cwt. of coffee in a barrel and cwt. in a bag were accordingly lowered over the ship's side into the boat and away went the little craft to the shore, having, as it was supposed, cheated the customs. the _caroline_ continued her course and proceeded to london. the customs authorities, however, had got wind of the affair and the matter was brought to a conclusion before one of his majesty's judges. [illustration: "the _caroline_ continued her course and proceeded to london."] but east indiamen were just as bad, if not a great deal worse, for it was their frequent practice to arrive in the downs and sell quantities of tea to the men who came out from deal in small craft. the commodity could then be kept either for the use of their families and sold to their immediate friends, or sent up to london by the "duffers" in the manner we spoke of in an earlier chapter. in the instances when spirits were smuggled into the country there was usually some arrangement between the publicans and the smugglers for disposing of the stuff. but, you may ask, how did the deal boatmen manage to get the tea to their homes without being seen by the customs officers? in the first place it was always difficult to prove that the men really were smugglers, for they would be quite wide-awake enough not to bring obvious bales ashore; and, secondly, the deal men had such a reputation as desperate characters that no officer, unless he was pretty sure that a smuggling transaction was being carried on and could rely, too, on being well supported by other customs men and the soldiers, would think of meddling in the matter. but, lastly, the men who came ashore from the east indiamen had a smart little dodge of their own for concealing the tea. [illustration: how the deal boatmen used to smuggle tea ashore.] the accompanying picture is no imaginary instance, but is actually taken from an official document. the figure is supposed to represent one of these deal boatmen, and the numerals will explain the methods of secreting the tea. ( ) indicates a cotton bag which was made to fit the crown of his hat, and herein could be carried lbs. of tea. he would, of course, have his hat on as he came ashore, and probably it would be a sou'wester, so there would be nothing suspicious in that. ( ) cotton stays or a waistcoat tied round the body. this waistcoat was fitted with plenty of pockets to hold as much as possible. ( ) this was a bustle for the lower part of the body and tied on with strings. ( ) these were thigh-pieces also tied round and worn underneath the trousers. when all these concealments were filled the man had on his person as much as lbs. of tea, so that he came ashore and smuggled with impunity. and if you multiply these lbs. by several crews of these deal boats you can guess how much loss to the revenue the arrival of an east indiamen in the downs meant to the revenue. another old dodge, though different in kind, was employed by a smuggling vessel when at sea and being chased towards evening, or on one of those days when the atmosphere is hazy or foggy. to prevent her canvas being a mark against the horizon, the lugger would lower her sail, and her black hull was very difficult to distinguish in the gathering gloom. this happened once when the smuggling cutter _gloire_, a vessel of tons burthen belonging to weymouth, was being chased about midnight in january of by the revenue cutter _rose_. the smuggler had hoped to have been able to run his goods ashore at bowen bottom, dorset, but the _rose_ was too smart for him, launched her galley, and seized her with a full cargo of half-ankers. chapter xii the work of the cutters if the reader will carry his mind back to he will recollect that in this year we saw a reformation in the system of the revenue cruisers, and the practice of employing hired craft was discontinued. this reformed system went on until the year , when a highly important change occurred in the administration of these vessels. on the th of april in that year all the revenue cruisers which previously had been under the control of the board of customs now passed into the hands of the admiralty. the general object was to adopt more effectual means for putting a stop to the smuggling, and these vessels were of course to be employed in co-operation with the ships of his majesty's navy afloat and the revenue officers on shore. due notice was accordingly sent from the customs office informing the commanders of cruisers that they were to place themselves under the orders of the admiralty in the future. but the cost of these cruisers was still to be borne by the customs as before. it may seem a little curious that whereas the board of customs had controlled these vessels for about a hundred and fifty years this sudden change should have been made. but, primarily, any customs organisation must belong to the shore. the employment of cruisers was in its origin really an afterthought to prevent the crown being cheated of its dues. in other words, the service of sloops and cutters was a kind of off-shoot from the service on land. it was only because the smuggling was so daring, because the crown was so regularly robbed that some means of dealing with these robbers on sea and on even terms had to be devised. but, of course, with the admiralty the case was quite different. for long centuries that department had to deal with ships and everything therewith connected. therefore to many it seemed that that department which controlled the navy should also control that smaller navy comprised by the revenue cruisers. at this date we must recollect that the battle of waterloo had been won only a few months, that once and for all napoleon had been crushed and broken, that at last there had come peace and an end of those wars which had seemed interminable. from this return of peace followed two facts. firstly, the european ports were now opened afresh not merely to honest traders, but to the fleets of smugglers who could go about their work with greater safety, with less fear of being captured by privateers. thus it was most probable that as the english channel was now practically a clear sphere there would be a renewed activity on the part of these men. but, secondly, it also followed that the admiralty, charged no longer with the anxiety and vigilance which a naval war must bring with it, was free to devote its manifold abilities, most especially in respect of organisation, for the benefit of the revenue department. at one and the same time, then, there was the chance of greater smuggling activity and a more concentrated effort to put down this smuggling. furthermore, inasmuch as the wars had ended the navy needed fewer men. we know how it was in the case of naval officers, many of whom found themselves unemployed. but it was not less bad for the seamen, many of whom had drifted into the service by the way we have seen--through being captured smuggling and then impressed. returned once more to their native haunts after long separation, was it likely that having done so much roving, fought so many battles, sailed so many miles, passed through so many exciting incidents that they would quietly take to tilling the fields or gathering the crops? some, no doubt, did; others applied themselves to some other industries for which they were fitted. but there were very many who went back to the occupation of the smuggler. they had heard the call to sea, and since fishing was in a bad way they must resume running illicit cargoes again. agriculture and the like have few fascinations for men who have fought and roamed the sea most of their lives. so when some enterprising rascal with enough ready capital came along they were more than prepared to take up the practice once more. that was how the matter was viewed from their side. but the government were determined that an evil which had been a great worry for at least a century and a half of english history should be stamped out. the only way was to make the smuggling unprofitable. inasmuch as these men for the most part made their profits through being able to undersell the fair trader (because there were no custom duties paid) the most obvious remedy would have been to lower the rates of import duties. but since that was not practicable, the only possible alternative was to increase the dangers and risk to which a smuggler must expose himself. and instantly the first step, then, must be towards establishing "such a system of discipline and vigilance over the revenue cruisers and boats as shall give the country the benefit of their constant and active services." these smuggling pests must be sought out, they must never be allowed to escape, to laugh defiantly at the crown's efforts, and they must be punished severely when captured. it was therefore deemed by the treasury that there would be a greater efficiency in these cruisers if "put under naval watchfulness and discipline, controlled by such authority as the department of the admiralty may think fit." the change came about as stated, and the admiralty retained in the service those officers and crews of the revenue cruisers as by length of service and in other ways had shown that they were fit and efficient. those, however, who had grown too old for the work were superannuated. similarly, with regard to the preventive boatmen, these were also taken over by the admiralty, but here, again, only those who were capable were accepted, while for the others "some moderate provision" was made. on the last day of july in that year were sent out the regulations which the admiralty had drawn up respecting the salaries, wages, victualling, &c., of the revenue cruisers. these may be summarised as follows, and compared with rates which have been given for previous years. they were sent addressed in each case to the "commander of his majesty's cruiser employed in the prevention of smuggling." and first as to payment: (i.) cruisers of the first class, _i.e._ of tons burthen and upwards. commander to have £ per annum st mate " " nd mate " " (ii.) cruisers of the second class, _i.e._ of tons and upwards but under tons. commander to have £ per annum st mate " " nd mate " " (iii.) cruisers of the third class, _i.e._ of less than tons. commander to have £ per annum st mate " " (no nd mate) the wages of the following persons were to remain the same in all classes, viz.: deputed mariners £ s. per lunar month seamen " " boys per annum muster books were ordered to be kept regularly, and the sum of s. d. was allowed to the commander a day for each man borne on the books and actually victualled, to provide for the following proportion of provisions:-- - / lbs. of meat, - / lbs. of bread, / gallon of beer. the commander was also allowed s. a day for his own victuals, and a like sum for each of his mates. allowance was made for a medicine chest to the extent of £ annually. all expenses of pilotage were to be paid by the navy, "but the commanders and mates are to make themselves acquainted with the coasts, &c., and no general pilot will be allowed for more than two months after a cruiser's arrival on any new station." and there is now a notable innovation, which marked the advent of a new age. instead of the prevailing hempen cables with which these cruisers had been supplied and had been in use for centuries among our ships, these cutters were ordered to be furnished with chain cables "in order that the vessels may have the less occasion for going to a king's port to refit or make purchases." if a man were injured or became sick whilst in the service so as to need surgical aid, the expense was to be allowed. and in order still further to make the cruisers independent of the shore and able to offer no excuse for running into harbour they were ordered never to proceed to sea without three weeks' provisions and water. as to the widows of mariners, they were to receive £ per annum. so much, then, for the new conditions of service in these revenue craft as undertaken by the admiralty. let us now obtain some idea of the duties that were attached to these officers and vessels. the commanders were directed by the admiralty to make themselves familiar with the acts of parliament for the prevention of smuggling, orders in council, proclamations, &c., and to obey the instruction of whatever admiral they were placed under, as also the commanders of any of his majesty's ships whom they might fall in with "diverting you from the cruise on which you are employed." each commander was assigned his own particular station for cruising, and he was never to lie in any harbour, bay, or creek unless by stress of weather or other unavoidable necessity. he was to keep a look-out for vessels of a suspicious appearance, which, in respect of size and build, appeared to be adapted for smuggling. especially was he to look out for french craft of this description. having arrested them he was to hand them over to the nearest man-of-war. he was also to keep a smart look-out for the smugglers' practice of sinking goods and afterwards creeping for them. the cruisers were to visit the various creeks and bays; and whenever weather permitted the commander was to send a boat and crew to examine such places at night. and, if necessary, the crew were to remain there until the cruiser came to fetch them back in the morning. care was to be taken that the smugglers themselves no less than their craft and goods were to be captured, and the commanders of these cruisers were to co-operate with the land-guard and keep in close touch with the riding officers ashore as well as the sitters of preventive boats, and to agree upon a code of signals between them, as, for example, by making false fires at night or the hoisting of proper colours in the different parts of the vessel by day, so that the shore officers might be informed of any suspicious vessels on the coast. these cruisers were also to speak with all the ships with which they fell in, and to direct any ships subject to quarantine to proceed to quarantine stations. and if they came across some merchantman or other vessel, which they suspected of smuggling, the cruiser was to accompany such craft into port. and they were enjoined to be particularly careful to guard east india ships to their moorings, or until, the next station having been reached, they could be handed over to the next cruiser. the commanders of the cruisers were also to be on their guard against the practice in vogue among ships that had been to holland and france with coals, for these craft were especially prone on their return to putting dutiable goods into light craft from london, or on the coast, but chiefly into cobbles or small fishing craft at sea. and even when it should happen that a cruiser had to be detained in port for repairs, the commander was to spare as many officers and seamen as possible and to employ these in keeping a regular watch on the high grounds near the sea, so as to watch what was passing, and, if necessary, despatch a boat and part of the cruiser's crew. the commanders were reminded that the cruisers were not to wear the colours used in the royal navy, but to wear the same ensigns and pendants as provided by the revenue board under geo. iii. c. , sect. . on a previous page we went into the matter of firing at the smuggling craft with shotted or with unshotted guns. now among the instructions which were issued by the admiralty on taking over these revenue cruisers was the clear order that no officer of a cruiser or boat was justified in shooting at a suspected smuggling vessel until the former shall have first hoisted his pendant and ensign, nor unless a gun shall have been first fired as a signal. the date of this, of course, was . but among the documents preserved at the swansea custom house there is an interesting letter dated july , written by the collector to mr. hobhouse, stating that a mr. barber, the sailing-master of the _cleveland_, had been committed for trial on a charge of wilful murder, he having fired a shot to cause a boat to bring-to and thus killed a man. this, taken in conjunction with the testimony of the sheerness coastguard, to which i alluded by anticipation and shall mention again, seems to me fairly conclusive that in _practice_ at least there was no fixed rule as to whether the first gun were shotted or unshotted. at the same time the above quoted instruction from the admiralty, although loosely worded, would seem to have meant that the first gun was merely to be of the nature of a warning signal and no shot fired in this first instance. and then, again, among these instructions cropped up the reminder that in times past commanders of cruisers had not been wont to keep the sea in bad weather--a period when the conditions were most favourable for smugglers--but now the admiralty remarked that if the commander should be deficient in "this most essential part of your duty" he would be superseded. on the west coasts of england and scotland especially some of the commanders had been accustomed in former years to pass the night in some harbour, bar, or creek instead of cruising on their station and counteracting the designs of the smugglers, "who will always prefer the night time for carrying on his operations." consequently the admiralty now strictly charged the commanders to cruise during the night, and no matter of private concern must serve as a pretext for any intermission. they were also to maintain a regular communication with the commander of any other vessel with which they had been instructed to cruise in concert. and cruisers were to be furnished with the laws relative to smuggling and not to exceed the powers vested in the commanders by law. as to any un-customed or prohibited goods these were to be secured in the king's warehouse at the next port, and care was to be taken that these goods remained undamaged or pilfered by the crew. and after the goods had been thus put ashore both the commander and mate were carefully to search the smuggling vessel, the boxes, and bedding of her crew to see if anything had been kept back. whenever a vessel was seized at sea precautions must be taken to ascertain the distance from the shore "by causing two points of land to be set, and the bearings thereof to be noted by two or more of your officers and mariners who are acquainted with those points of land, so that each of them may be in condition to swear to the bearings from the note taken by him at the time, to be produced by him upon the trial of the vessels." any papers found on board the smuggling craft were immediately to be initialled by the persons present, and no cruiser or any of her boats should be employed in carrying passengers or pleasure parties. the commander and mate were to keep separate journals of all the proceedings of the cruiser relating to wind and weather, bearings, and distances from the land, soundings, &c., every twenty-four hours so that the admiral could tell whether the cruisers had used every exertion to suppress smuggling, or had been negligent and slack in their duties. for this purpose the twenty-four hours were divided into three parts thus:--midnight to a.m., a.m. to p.m., and p.m. to midnight. in each of these three divisions the commander was to fix his position by cross-bearings and soundings if in less than fathoms. this was to be done a little before sunrise, at noon, and a little before sunset, provided that if the land were not seen or the cruiser be chasing a vessel, this fact was to be noted in the journal, and the bearings and soundings were to be taken whenever the land should be seen. an exact copy of this journal was to be sent after the end of each month to the admiral under whose command the cruiser happened to be placed. the table on p. is an example of the journal of one of these craft, and will show instantly the kind of record which was kept. on the st of january, , the preventive boats were put under the control of captain hanchett, r.n., who was known as the controller-general of the preventive boat service. there was an effort made also in this department to obtain increased efficiency. and the following articles were ordered to be supplied to each preventive boat:--one small flat cask to hold two gallons of fresh water, one small water-tight harness cask to hold provisions, one chest of arms and ammunition, one custom house jack, two "spying-glasses" (one for the watch-house, the other for the boat), one small bucket for baling, one "wall piece," forty rounds of cartridges, thirty muskets or carbines, preference being given to carbines with musket-ball bore where new ones are to be purchased, twenty light pistols, balls in proportion to the above, bayonets, cutlasses, pouches, tucks, small hand hatchets for cutting away rigging, musket flints, pistol flints, a set of implements for cleaning arms, a set of rummaging tools, and a dark "lanthorn." with this full inventory these open, oared boats could go about their work for long spells in bays, up creeks and estuaries, on the prowl for the smugglers by night. journal of his majesty's revenue cruiser the "vigilant," john smith, commander, for the month of july -- -------+------+--------+------+--------------------+---------+-------------- | | | | observation made. | | day of | | | +----------+---------+ | the | | | | |bearings | | week | | |at sea| | and |soundings|occurrences and | | | or in| land |distances| in | and month | wind.|weather.| port.| seen. |in miles | fathoms | remarks. -------+------+--------+------+----------+---------+---------+-------------- july |e.s.e.|moderate|at sea|red head |w.n.w. |above |cruising in monday | | | | | miles | |station spoke st., | | | | | | |a vessel from morning| | | | | | |the baltic or | | | | | | |laden with first | | | | | | |hemp, &c., but part | | | |light, |s.w. by | |sea running | | | |bell rock |s. | |high, did not | | | | |miles | |board her. saw | | | | | | |h.m. sloop | | | | | | |_cherokee_ to | | | | | | |the n.e. at | | | | | | | a.m. -------+------+--------+------+----------+---------+---------+-------------- noon or| | | |fifeness |w.n.w. | |nothing second | | | | |miles | |remarkable part | | | |isle of |s.w. by | |occurred. | | | |may |w. | | | | | | |miles | | -------+------+--------+------+----------+---------+---------+-------------- evening| | | |fifeness |s. by e. | |lost sight of or | | | | | - / | |the _cherokee_ third | | | | |miles | |standing off part | | | | | | |and on in st. | | | |light, |e. by s. | |andrews bay. | | | |bell rock | miles | |sent out the | | | | | | |boat with mr. | | | | | | |jones, second | | | | | | |mate, to visit | | | | | | |the creeks. -------+------+--------+------+----------+---------+---------+-------------- whenever any vessels were seized and condemned a full, descriptive account was sent to london regarding their size, breadth, depth, burthen, age, where built, draught, scantlings, the nature of the wood, how fastened, whether the craft appeared strained, how many guns she carried, what was the probable expense of having her refitted, how long she would last when this had been done, whether she had the reputation for rowing or sailing quickly, and what was her value. if it was recognised that she was a serviceable vessel she was not to be destroyed but employed in the preventive service. among the names of the revenue cutters about this time were the _scorpion_, _enchantress_, _jacobus_, and _rattlesnake_. there was a good deal of smuggling now going on in essex, and the last-mentioned was employed to watch the river blackwater in that district. lieutenant neame, r.n., was also ordered to proceed to the blackwater with the lugger _fortune_, and arrived there to take charge of the _rattlesnake_. this was in september ; and here let us remark that although the preventive water-guard originally had charge of the whole coast of england, yet a few months before the above date--it occurred actually in july --the staff between the north and south forelands was withdrawn, and this part of the coast was placed under the charge of the coast blockade. under the arrangement of , when the cruisers had been put under the care of the admiralty, the preventive waterguard had come under the authority of the treasury, but now, in , came the change mentioned. towards the close of this coast blockade, instead of being confined merely to that coast between the two forelands, was extended till it reached on the one side shellness by the mouth of the east swale, and on the other right away down channel to cuckmere haven (between newhaven and beachy head). the history of this change may be summed up as follows. it was suggested in the year by captain m'culloch of h.m.s. _ganymede_ (which was one of the vessels employed in the prevention of smuggling between dungeness and north foreland) that it would be advantageous to land the crews of the vessels employed on the cruisers and naval ships engaged in preventing smuggling. the men were to be put ashore every day just after sunset and so form a guard along the coast during the night. in the morning, just before sunrise, the men were to be put on board their ships once more. so the experiment was tried and was found to be so successful that this method of guarding the coast was adopted by a treasury minute of june , . the district between the forelands was assigned to captain m'culloch, who had with him the officers and crew of h.m.s. _severn_. those boats and men which had belonged to the preventive service stationed between the forelands were withdrawn, and the entire protection of this district was left to captain m'culloch's force. this was known as the coast blockade, and was afterwards extended as just mentioned to sheppey and seaford. if we may anticipate for a moment in order to preserve continuity, let us add that in the year this span of coast was divided into three, each division being subdivided into four districts. the divisions were under the superintendence of a senior lieutenant, a midshipman, one petty officer of the first class and one of the second. the districts, on the other hand, were under the superintendence of a junior lieutenant. the men were divided into parties of ten, each party having about a mile of coastline, and guard-houses were established along the coast at a distance of about every four miles. the seamen volunteered into the service, and, if found effective, of good character, but had no relatives in the neighbourhood, they were accepted. the object of this last condition was to prevent their showing any sympathy with the smugglers of the district. these men undertook to serve for three years, and for payment of wages they were borne on the books of any of his majesty's ships. we can thus see how gradually the influence of the admiralty had been exerted over the preventive work which had been carried on by the customs. there are then three steps. first in assisting the revenue cruisers, and, lastly, by taking charge of the land-guard. the proof of the wisdom of this change was seen in results, for the revenue derived better protection because of the admiralty influence. there was better discipline, greater activity, and a smarter look-out was kept. thus it came about that in that very south-eastern district which had been for so long a time notorious for its nefarious trade, the smugglers found their calling a very difficult one. and both these changes in respect of cruisers and land-guard had been made certainly not with the enthusiastic support of the board of customs, who had indeed expressed their doubts as to whether such a transformation were prudent. some idea of the number of his majesty's ships and vessels which were employed in the prevention of smuggling in the year may be gathered from the following list. it should, however, be mentioned that these did not include the numbers of custom house cruisers which the admiralty had begun to control, but were actually the naval ships which aided those of the revenue:-- plymouth supplied ships and tenders portsmouth " " " sheerness " " " leith " " tender ireland " " " at a total cost of £ , . but it should also be borne in mind that these ships of the navy, or at any rate by far the greater number of them, would have been in commission whether employed or not in the prevention of smuggling, and in certain cases these ships were employed in the preventive service for only a part of the year. without the revenue cutters the navy could not possibly have dealt with the smugglers, and this was actually admitted in a treasury minute of january , . the total number of revenue cruisers employed in great britain and ireland during the year , as distinct from the ships of the royal navy, amounted to . the following year this number had increased to . these were apportioned thus:-- under the commander-in-chief at sheerness " " " " portsmouth " " " " plymouth " " " " leith were employed in ireland were employed by the commissioners of customs -- == to sum up then with regard to the preventive water-guard, let us state that this had been constituted in to supplement the efforts of the cruisers and riding officers, the coast of england and wales being divided into three parts, and placed under the control of inspecting commanders. under this arrangement were included the revenue cruisers themselves. then in the admiralty had taken over these cruisers from the preventive water-guard, and the following year the coast blockade had taken over that portion of the coast between the forelands, to be extended in to shellness and seaford respectively. the sphere of activity on the part of the preventive water-guard was thus by the year considerably curtailed, and from the instructions which were now issued to the inspecting commanders we can see how the rest of the coastline other than that section just considered was dealt with. each station consisted of one chief officer, one chief boatman, two commissioned boatmen, and four established boatmen. there was a six-oared boat with her rudder and wash-boards--"wash-streaks" they are officially called--a five-fathom rope as a light painter, eight good ash oars, two boat-hooks. she was a sailing craft, for she was provided with a fore-mast, main-mast, and mizzen-mast, with "haul-yards," travellers, down-hauls, sheets, &c. her canvas consisted of foresail, mainsail, and mizzen with a yard for each. she carried also a jib, the casks for water and provisions, a boat's "bittacle" (= binnacle), with compass and lamp. she was further furnished with a couple of creeping irons for getting up the smugglers' kegs, a grapnel, a chest of arms and ammunition, the custom house jack and spy-glass as already mentioned. this vessel was rigged as a three-masted lugger with a jib. there is no mention of a bowsprit, so either one of the oars or a boat-hook would have to be employed for that purpose. in addition to this larger boat there was also on the station a light four-oared gig fitted with mast, yard (or "spreet"), a lb. hand lead, fathoms of line for the latter, as well as ballast bags to fill with stones or sand. if the established crews were inadequate during emergency extra men could be hired. the boats were painted twice a year, but "always to be completed before the bad weather sets in, and the colours to be assimilated as near as possible to those used by the natives and smugglers which frequent the coast which are least conspicuous." if any of the established boatmen intermarried with families of notorious smugglers the inspecting commander was to send information to the controller-general. furthermore, no one was to be appointed to any station within twenty miles of his place of birth or within twenty miles of the place where he had resided for six months previous to this appointment. the name, colour, rig, and other description of any vessel about to depart on a smuggling trip or expected to arrive with contraband goods on the coast were to be given by the inspecting commander both to the admirals commanding the men-of-war off the coast in that neighbourhood, to the captains and commanders of any men-of-war or revenue cruisers, and also to the inspecting commander of the preventive water-guard on either side of him. and in order to keep the men up to their duties the preventive stations were to be inspected often, and at certain times by day and night. the inspecting commanders were to perform their journeys on horseback and to proceed as much as possible by the sea-coast, so as to become well acquainted with the places where the smugglers resort. the officers and boatmen were ordered to reside as near their duty as possible and not to lodge in the houses of notorious smugglers. officers and men were also to be private owners of no boats nor of shares in public-houses or fishing-craft. the inspecting commanders were to report the nature of the coast, the time, the manner, and the method in respect of the smuggling generally carried on in the district. if there were any shoals or rocks, not generally laid down or known, discovered when sounding to possess a different depth of water, or if anything should occur which might be useful for navigating the coasts of the kingdom, then cross bearings were to be taken and noted. these men were also to render every assistance in case of wrecks and to prevent goods being smuggled therefrom into the country. if any of these preventive boatmen were wounded in fighting with a smuggler they were to be paid full wages for twenty-eight days or longer, and a reasonable surgeon's bill would be also paid. and to prevent any possible excuse for discontinuing a chase, the boat was never to leave the beach without the two-gallon keg of fresh water. and to prevent any obvious possibility, this boat was never to be left by day or night without one of the boat's crew to guard it. the latter was always to have ready some sort of floating buoy, "loaded at one end and a piece of bunting at the other," for marking the place where goods might be thrown overboard in a chase. the inspecting commanders were also to be on their guard against false information, which was often given to divert their attention from the real place where the smuggling was occurring. "as night is the time when smugglers generally run their cargoes, it is expected that the boat, or her crew, or the greater part of them will be out, either afloat or on land, as often as circumstances will permit, which must be, at least, five nights a week." they were ordered generally to co-operate with the revenue cruisers and to keep a journal of all proceedings. when out at night time they were to have a candle and "lanthorn" in the boat as well as the boat's "bittacle," and not to rummage a vessel without the candle being carefully secured in the lanthorn to prevent accident by fire. all suspicious ships were to be rummaged, and whenever the weather would not permit of the boat keeping the sea, the crew and inspecting commander were to keep a look-out by land. even as late as , when the great wars had come to an end, it was found that the transfer of smugglers to the navy had continued to be the most effectual means of protecting the revenue. the sum of £ was granted for each smuggler taken, and this was paid to the individual or individuals by whom or through whose means the smuggler was absolutely secured, and it was not to be paid to the crew in general. but when chasing a smuggling craft, whether by night or day, they were not to fire at the delinquents until the custom house jack had been displayed. the salary of each inspecting commander, it may be added, was now £ per annum and £ for the first cost and upkeep of an able horse. chapter xiii the period of ingenuity just as there had been a great improvement in the reorganisation brought about by the advent of the coast blockade, so the preventive service on shore generally was smartened up. that this was so is clear from the existing correspondence. for instance, five more preventive boats were to be stationed between shellness and southwold, and three between cuckmere haven and hayling island; another boat was sent to newton (yorkshire), another to dawlish (devonshire), and another to happisburgh (norfolk) or, as it was then spelt, hephisburg. some idea of the activity of the cruisers may be seen from the number of smugglers which these craft had been able to capture. the reader will recollect that during the year ending october , , the highest number of smugglers handed over to the navy was thirteen, and this was done by captain gunthorpe of the excise cutter _viper_. he thus became entitled to the sum of £ . it will be remembered also that it was afterwards decided that, beginning in , £ would be paid only if the number captured was not less than twenty. but now from a treasury minute of october , , we find that, although the former number of captures was over thirteen, it was just under twenty. and, here again, captain matthew gunthorpe, this time commanding the excise cutter _vigilant_, and captain robert hepburn of the excise cutter _regent_, in the year seized nineteen smugglers each, or a total of thirty-eight. as neither captain had reached the twenty and both were equal, it was decided to add the second and third rewards together (_i.e._ £ plus £ ) and to give £ to captain gunthorpe, officers and crew, and £ to captain hepburn, officers and crew. and there is on record at this time a memorial from one w. blake, the son of w. blake, senior. the last-mentioned had been commander of the cutter _nimble_, but was drowned in . his son now prayed for the reward of £ to be paid to the family of the deceased, as he had captured sixteen smugglers. after the admiralty had taken over the revenue cruisers they did not neglect to sanction a pension system, and the following scheme was embraced:--commanders of cruisers on retiring were to have from £ , s. to £ , s. d. per annum, according to their length of service; and for any wound received they were to have an additional £ , s. per annum. first mates were pensioned after five years' service at the rate of £ a year, but after thirty years' service they were to have £ a year as pension. and so it was arranged for all ratings down to the boys. the widow of a commander killed or drowned in the service was allowed £ a year. and now that we are in that period after the year we must not fail to bear in mind that this is the epoch when the smugglers were using ingenuity in preference to force. the busiest part had yet to come and did not occur till the third decade of the nineteenth century. but even from the time of the battle of waterloo until, say, about there were ten years in which the smugglers left no device untried which they could conceive to enable them to outdo the revenue authorities. and we may now proceed to give actual instances of these ingenious attempts. we begin with the early part of . at this time the tide-surveyor at one of the out-ports had reason to suspect that the french market-boats which used to sail across to england were in the habit of bringing also a good deal of silks and other prohibited goods. at last he went on board one of these craft and immediately after she had arrived he caused the whole of her cargo to be put ashore. he then searched her thoroughly from deck to keelson, but he found nothing at all. however, he was determined not to give up his quest, and had part of her ceiling examined minutely, and was then surprised to note that some fresh nails had apparently been driven. he therefore caused the ceiling to be ripped off, when he discovered that a large variety of contraband goods had been neatly stowed between the ship's timbers. it was only a few months later in that same year that another revenue officer boarded a dutch schuyt which was bound from amsterdam to london. her cargo consisted of bundles of bulrushes, but on making his examination these innocent articles were found to conceal between the rushes forty-five boxes of glass in illegal packages, and also some other prohibited goods which had been shipped from the united kingdom for exportation and were intended to have been again clandestinely relanded. the reader will remember our mentioning the name of captain m'culloch just now in connection with the coast blockade. writing on the nd of april, , from on board h.m.s. _ganymede_ lying in the downs, this gallant officer stated that, although it was known that the smugglers had constructed places ashore for the concealment of contraband goods under the sand hills near to no. and no. batteries at deal, yet these hiding-places were so ingeniously formed that they had baffled the most rigid search. however, his plan of landing crews from his majesty's ships to guard this district (in the manner previously described) had already begun to show good results. for two midshipmen, named respectively peate and newton, commanding the shore parties in that neighbourhood, had succeeded in locating five of those places of concealment. "this discovery," continued the despatch, "i am assured will be a most severe blow to the smugglers, as they were enabled to remove their cargoes into them in a few minutes, and hitherto no person besides themselves could form any idea of the manner in which their store-holes were built. they are generally feet deep, of a square form and built of a -inch plank, with the scuttle in the top, into which a trough filled with shingle is fitted instead of a cover to prevent their being found out by pricking; and i understand they were built above two years ago. i have ordered them to be destroyed, and parties are employed in searching for such concealments along the other parts of the beach." thus, thanks to the navy, the smugglers had been given a serious repulse in the most notorious district. then there was also the danger of collusive smuggling. for instance, when a smuggler had been frustrated from successfully landing a cargo of spirits from a small foreign vessel or boat he might go and give information to a custom officer so that he might have the goods seized by the latter, the arrangement being that the smuggler should be paid a fair portion of the reward which the officer should receive for the seizure. inasmuch as the officers' rewards were by no means inconsiderable this method might fully indemnify the smuggler against any loss. just before christmas of the custom officers at weymouth seized on board a vessel named _the three brothers_ sixteen half-ankers and seven small kegs or flaggons of foreign spirits. these were found to be concealed under a platform of about nine feet in length fitted on either side of the keelson, and of sufficient height for one cask. its breadth was such as to allow of two casks and a flaggon. when full this secret hiding-place would contain about thirty casks in all. the whole concealment was covered with stone and iron ballast. the platform was fitted with false bulkheads and filled up with large stones so as to avoid suspicion, the entrance to which was made (after removal of the ballast) from the bottom of the forecastle through two bulkheads about two feet apart. another instance was that of a consignment of four cases which had come over from france. these cases contained plaster figures and appeared to be hollow. however, the custom officers had their suspicions and decided to perforate the plaster at the bottom with an auger. after making still larger holes there were extracted from inside the following amazing list of articles:--two clock movements, six pieces of bronze, thirty-two pieces of porcelain, and two small paintings. a certain other french craft was boarded by the revenue officers who, on measuring her range of deck and also under it including the bulkheads, found a greater difference than the rake would fairly account for. they were naturally highly suspicious and proceeded to take down part of the bulkhead aft, when they discovered that this bulkhead was not single but double, being between the cabin and the hold. this bulkhead was made of solid oak planking and was feet inches thick. it was securely nailed, and the cavity thus made extended from one side of the hull to the other, giving a breadth of feet inches, its length being about feet inches, and the height feet inches. it will thus be readily imagined that a good quantity of spirits, wine, and plums from france could easily therein be contained and brought ashore when opportunity presented itself. at another port a vessel was actually discovered to have false bows. one might wonder how it was that the officer ever found this out, but he was smart enough to measure the deck on the port side, after which he measured the ship below. he found a difference of over a foot, and so he undertook a thorough search of the ship. he first proceeded to investigate the forepeak, but he was unable to discover any entrance. he therefore went to the hold, examined the bulkhead, and observed that the nails of the cleats on the starboard side had been drawn. he proceeded to force off the cleats, whereupon one of the boards of the bulkhead fell down, and a quantity of east india silk handkerchiefs came tumbling out. needless to say, this proved a serious matter for the vessel's skipper. sometimes too, cases used to come over from france containing carton boxes of artificial flowers. these boxes, it was found, were fitted with false bottoms affording a space of not more than a quarter of an inch between the real bottom and the false. but into this space was squeezed either a silk gauze dress or some parcels "very nicely stitched in," containing dressed ostrich feathers. the flowers were usually stitched down to the bottom of the boxes to prevent damage, so it was difficult to detect that there was any false bottom at all. however, after this practice had been in vogue for some time it was discovered by the revenue officers and the matter made generally known among the officials at all the ports, so that they could be on the alert for such ingenuity. sometimes when a revenue officer was on her station she would come across a sailing craft, which would be found to have quite a considerable number of spirits in small casks together with a number of other prohibited goods. if the master of such a craft were told by the cruiser's officer that they would have to be seized as they were evidently about to be smuggled, the master would reply that they were nothing of the kind, but that whilst they were on the fishing grounds working their nets they happened to bring these casks up from the sinkers and warp which had kept them below water; or they had found these casks floating on the sea, and had no doubt been either lost or intentionally thrown overboard by some smuggling vessel while being chased by a revenue cruiser. it became a very difficult matter to ascertain under such circumstances whether the master were speaking the truth or the reverse, for it was not altogether rare for the kegs to be picked up by fishermen in the manner indicated. so the only way out of this dilemma was for the commanders of the cruisers to bring such craft as the above to the nearest custom house, where the master could be brought ashore and subjected to a cross-examination as to where they found these casks and what they proposed doing with them. a seizure was made at deal about the year consisting of thirty-three packages of china crape and silk. these had been very artfully concealed in the ballast bags of a lugger called the _fame_, belonging to london. one package was found in each bag completely covered up with shingles or small stones, so that even if a suspicious officer were to feel the outside of these bags he would be inclined to believe that they contained nothing but ballast, and if he opened them he would think there was nothing else but stones, for the goods were carefully squeezed into the centre of the bags and surrounded with a good thickness of shingle. another dodge which was discovered at shoreham on a vessel which had come from dieppe was to have the iron ballast cast in such a form that it was not solid but hollow inside. by this means a good deal of dutiable stuff could be put inside the iron and then sealed up again. there was a ship, also, named the _isis_, of rye, which fell into disgrace in endeavouring to cheat the customs. she was a smack of - / tons burthen, her master being william boxhall. it was while she was lying at her home port that one of the revenue officers discovered a concealment under her ballast, the entrance to which was obtained by unshipping two bulkhead boards forward. there was one concealment on each side of the keel, and each contained enough space to hold from twenty to twenty-four ankers of spirits. along the kentish coast a good deal of smuggling used to go on by means of galleys which were rowed by six, ten, and even twelve oars. as these were navigated by foreigners and sailed under foreign papers, the customs officers were a little puzzled as to what exactly could be done. could such craft be seized even when found with no cargoes on board, when they were either hauled up the beach or were discovered hovering off the coast? after applying to the board of customs for guidance they were referred to the act,[ ] which provided that any boat, wherry, pinnace, barge, or galley that was built so as to row with more than four oars, if found within the counties of middlesex, surrey, kent, or essex, or on the river thames, or within the limits of the port of london, sandwich, or ipswich, or the creeks thereto belonging, should be forfeited together with her tackle. the object of this was clearly to prevent the shortest cross-channel route being traversed from holland or france by big, seaworthy but open, multiple-oared craft, with enough men to row them and enough space to carry cargo that would make the smuggling journey worth while. the following fraud was detected at one of the out-ports in . an entry had been made of twenty-seven barrels of pitch which had been imported in a ship from dantzic. but the revenue officers discovered that these casks were peculiarly constructed. externally each cask resembled an ordinary tar-barrel. but inside there was enclosed another cask properly made to fit. between the cask and the outside barrel pitch had been run in at the bung so that the enclosure appeared at first to be one solid body of pitch. but after the affair was properly looked into it was found that the inner cask was filled with such dutiable articles as plate glass and east india china. sometimes tubs of spirits were packed up in sacks and packs of wool and thus conveyed from the coast into the interior of the country; and in the seizing of some goods at guernsey it was found that tea had been packed into cases to resemble packages of wine which had come out of a french vessel belonging to st. malo. nor was the owner of a certain boat found at folkestone any novice at this high-class art. of course those were the days when keels of iron and lead were not so popular as they are to-day, but inside ballast was almost universal, being a relic of the mediæval days when so much valuable inside space was wasted in ships. in this folkestone boat half-a-dozen large stones were used as ballast, which was a very natural thing for such a craft. but when these stones came to be examined they were found to have been hollowed out and to have been fitted with tin cases which were filled with spirits. one cannot acquit the owner of any fraudulent intent, but one certainly can admire both his ingenuity and the great patience which must have been necessary to have hollowed a cavity from such an unyielding material as stone. this was equalled only by the cargo from guernsey. four sacks said to contain potatoes from the channel isles were opened by the revenue officers at a certain port, and, on being examined, it was found that these were not potatoes at all. they were so many rolls of tobacco which had been fashioned to resemble the size and form of the vegetable, and then covered artfully over with a thin skin and finally clayed over so cleverly that they had every appearance of the potatoes they pretended to be. but the channel isles were still notorious. in twelve sacks of flour imported from jersey were found hidden in the middle twelve bales of tobacco weighing lbs. each. a few weeks later three boxes of prunes also from jersey were opened, when it was discovered that the prunes were not more than three inches deep at the top and three inches deep at the bottom. but between there was a space in which were concealed--in each box--a paper parcel of silk, some scarves and gloves, &c. but in order to make the total weight of the box approximate to that which would have existed had it been full of prunes a square piece of lead was placed above and another underneath these dutiable articles. but to me the most ingenious method of all was that which was employed in for smuggling tobacco. the offending ship was one of the vessels employed in the transport service, and the man who thought of the device was not far from being a genius. he first of all obtained the quantity of tobacco which he proposed--no doubt with the assistance of more than one confederate--to smuggle ashore. he then proceeded to divide this into two, each of which formed one strand. afterwards he made these strands into a rope, every bit of it being tobacco. but then he took a three-strand hawser and laid this over the tobacco, so that when the hawser was finished no one could suspect the tobacco without first cutting or unlaying the rope. i have not been able to discover how this trick was ever suspected. nothing less than an accident or the information of a spy could possibly lead to detection in such a clever case. there were all sorts of varieties of concealments now practised since the "scientific" period of smuggling had come in. and since those wicked old days have passed, and with them a good many of the old-fashioned types of craft, it may be well that examples of these misdirected efforts should be collected herewith. there was a smack, for instance, which was found to have under her ballast a large trunk that was divided into four separate compartments each about feet long and could contain twelve half-ankers. one end of the trunk was fixed against the bulkhead of the cabin, and extended the whole length of the hold opening at the forward end close to the keelson by unshipping two pieces of the bulkhead. another instance of the employment of false bows to a craft was found on searching the fishing smack _flower_, of rye, whose master's name was william head. it was observed that this false section would hold as much as forty to fifty half-ankers, the entrance being on the port side of the false bow, where a square piece took out, being fastened by a couple of screws, the heads of which were concealed by wooden bungs imitating treenails. the _flower_ was further discovered to have a false stern, the entrance to this being by means of the upper board of this stern on the port side in the cabin. she was a vessel feet - / inches long, feet - / inches beam, feet - / inches deep, and of - / tons burthen, being fitted with a standing bowsprit and sloop-rigged. an almost identical set of concealments was found in the smack _albion_ at sandwich, a vessel of over tons burthen. the entrance to her false stern was through a small locker on the port and starboard sides. she was further fitted with a false stern-post and false timbers. a considerable amount of ingenuity must have been exercised in the case of an open four-oared boat which was seized at dover together with twelve ankers of spirits. the device was as follows:--across the bow end of the boat was the usual thwart on which an oarsman sat. at the after end where the stroke sat was another thwart. under each of these thwarts was an ordinary stanchion for supporting the thwart. but each of these two stanchions had been made hollow. thus, through each a rope could be inserted, and inasmuch as the keel had also been pierced it was possible to pass one rope through at the bow-thwart and another at the stern-thwart, these ropes penetrating the boat from thwart to keel. the inboard ends of these two ropes were carelessly lashed round the thwarts or covered with gear, so there was no untoward appearance. but at the other ends of the ropes were fastened the twelve ankers, which were thus towed along under the keel of the craft, and not trailing out astern as was sometimes done in the case of bigger boats. thus because the whole body of the boat covered the floating casks it was very unlikely that their presence would be suspected. the smack _strawberry_ of deal, on being searched, was found to have a false bottom, capable of containing a considerable quantity of goods. this bottom was constructed by two leaden cases fixed on the timbers the whole length of the hold, one on each side of the keelson, and ceiled over with the usual ceiling, having the ballast placed over it. the cases opened on each side of the hold by taking out a plank from the temporary ceiling. in the case of the lugger _fox_ (as usual belonging to rye), a vessel over tons, john souden, master, there were found to be double bottoms underneath the bed cabins, the entrance being made from underneath the cabins, and then unshipping a small piece of board about a foot square, each concealment being able to hold from fifty to sixty pieces of bandana silks. another smuggling device in vogue during this ingenious period had to be employed in such places as ramsgate harbour, where it would have been utterly impossible to have employed ordinary methods. it resembled very much the method employed at dover, mentioned just now. a rowing-boat would come into the harbour, apparently with nothing in her nor anything towing astern. but there were fifteen or so half-ankers underneath her hull, spirits of course being contained in these casks. now the latter were all fastened to a long iron bar, the ropes to the boat being fastened to this bar. consequently, after the boat had reached her corner of ramsgate harbour, all she had to do was to let go the ropes and the iron bar would keep the kegs on the sandy bottom and prevent them from disclosing their identity by floating. at low water the smugglers could have gone to get them up again, for they would not move far even with the ebb tide. unfortunately, however, the revenue tide surveyor at this port preceded the smugglers, and by creeping for the bar and tubs with grapnels succeeded in locating what he wanted. on another occasion at one of the out-ports, or rather along the neighbouring beach, thirty-three gallons of spirits, contained in nineteen small casks, were recovered in a startling manner. going along the beach were noticed among the chalk rocks and stones of the neighbourhood some other objects. these were the casks, but they had been so cleverly covered over with a cement of chalk, to which was fastened seaweed in the most natural manner, that seeing them there among the rocks of the shore they would never have been discovered by the revenue men, had not it been (as one may guess) for a hint given by an informer. otherwise there they would have remained until the smugglers found it convenient to come and fetch them. we called attention just now to the concealing of tobacco in rope. this device evidently became a fine art, and had succeeded on many an occasion. at any rate in flushing tobacco was openly on sale in the shops ready for smuggling into england already made up into ropes. you could get anything as big as a hawser and as small as a sail-tyer done up so ingeniously as to deceive almost any one. in fact on washing these slightly with a little rum they had every appearance of hempen rope. footnotes: [ ] george i. cap. . chapter xiv some interesting encounters rowing about on the night of lady day, , a six-oared boat, which had been launched from the custom house cutter _lion_, was on the prowl in that bay which extends all the way from dungeness to folkestone. when the watchers in this craft were off hythe, and only about a quarter of a mile from the shore, they saw coming along over the dark waters a lugsail boat with foresail and mizzen making towards dymnchurch, which is just to the west of hythe. it was about an hour before midnight, and as this suspicious craft did not come near to the _lion's_ boat the latter rowed towards her and hailed her. "what boat is that?" they asked. "a folkestone boat," came back the answer. thereupon john wellar, a deputed mariner in the customs boat, shouted to the lugger to heave-to, for he guessed what the game was. "heave-to!" roared the lugger's master. "we'll see you d----d first!" but the rowing-boat was not to be put off with mere insults, and quickly pulled up alongside the craft. one of the men in the customs boat then stood up and looked into the lugger and remarked that she was full of kegs. wellar therefore immediately jumped into her, followed by three or four of his men, and seized her. on board he found three men, and them also he secured. he further discovered half-ankers of spirits, consisting of brandy and gin from across the channel, which were subsequently taken to the custom house at dover. a little more than a year later, robert baker, the lugger's master, was brought before the judge and fined £ . there was an interesting incident which occurred a few years later in the eastern corner of england, which led to trouble for a man named henry palmer of harwich. this man was master and owner of a yawl named the _daisy_, which belonged to ipswich. about midday on the nd of march , one of the preventive officers, named dennis grubb, observed the _daisy_ sailing up the orwell, which flows from ipswich past harwich and out into the north sea. grubb was in a six-oared galley, and about three-quarters of a mile below levington creek, which is on the starboard hand about a third of the way up the river between harwich and ipswich. with grubb was another man, and on seeing the _daisy_ they began rowing towards her. whether grubb had any reason for suspecting her more than any other craft, whether he had received warning from an informer, cannot be stated. but what is true is that he was determined to have her examined. however, notwithstanding that palmer must have known perfectly well that this was a preventive boat, and that he was in duty bound to stop when hailed, it was obvious that, as soon as the galley came near, the _daisy_ instantly went about on the other tack and stood away from the boat. the latter in turn pulled after the yawl and was again approaching when the _daisy_ once more tacked and ran away. but at last the galley came up, and just as grubb was in the act of stepping aboard, palmer coolly remarked that he had some tubs aboard, following this up by the explanation that he had got them on the trawling ground. this was too obvious a lie to be believed for a moment. grubb accordingly inquired how it was that palmer had come past harwich since the latter was his home, to which he answered that he was bound for ipswich, as there his vessel was registered. but inasmuch as there were two of the revenue cutters as well as a guardship lying at the entrance to the river, how was it that he had not stopped to hand the tubs over to them? for either the customs cutter _griper_, or the excise cutter _badger_, would have been the ordinary receptacle, instead of waiting till a preventive galley overtook the _daisy_. when grubb asked how palmer had come by all these tubs he said that he had caught them in his trawl, whereupon the preventive man examined the net and found it damp but certainly not wet, as it would have been had palmer's version been the truth. furthermore, if these tubs had been caught in the trawl there would have been a number of holes torn, but grubb found there to be no holes. there were no fewer than forty-eight of these tubs found on the _daisy_--all half-ankers, and fitted with slings ready for landing--and inasmuch as it was clear that the net had not been lately used palmer was obviously lying. the iron which, had it been dragged along the sea-bed, would have been polished bright with the sand, was actually not bright but rusty, thus proving that it had not been recently used. grubb therefore felt justified in arresting the yawl, and taking her and her tubs to the custom house. later on he made a thorough search of her, and found a creeping-iron which had five prongs and a long shank. the reader is well aware that such an implement was used by the smugglers but never found on board a genuine fishing-craft. for getting up sunken tubs it was essential, and for that purpose it was evidently on board the _daisy_. moreover, it was found to be both wet and polished bright as to its prongs, and there was still some wet mud sticking thereto. the case, of course, duly came on to be tried, and the attorney-general suggested that at that time, in nine cases out of every ten, the tubs of smuggled spirits were not brought directly to port but sunk at different places in the sea, located by landmarks and buoys, fishing-boats being sent out later on to get them by these creepers, and to bring them in by small quantities as opportunity permitted. palmer's defence was that they had found the tubs just outside harwich harbour, opposite to landguard fort, at about seven o'clock the previous evening. but it was a somewhat strange fact that though this fishing-vessel should have been out all night not a single fish was found on board. and when palmer was asked how it was that if he had found these tubs, and had intended to hand them over to the customs authorities, he had been so careful to stow them all below and not leave them on deck to be visible to the _griper_ and _badger_ as he passed? his reply, that he had put the tubs below lest a puff of wind might blow them overboard, somehow did not convince the judge, and the verdict went against him. a curious instance of an abuse of office was seen in the occurrence which centred round a certain mr. thomas moore slade. mr. slade was agent victualler for the chatham victualling office, and from his connection with that department he had the power of employing some of his majesty's vessels belonging to the department. this gentleman got to know that a splendid collection of pictures was about to be dispersed in france. they were of great value both artistically and intrinsically, and had belonged to the late duke of orleans. slade therefore, quite unjustifiably, determined to make use of one of the craft under his charge for the purpose of fetching these pictures into the country, and thus cheating the government of its dues, which would have been very heavy in this transaction. the way he went about it was to direct a man named thomas cheney, who commanded the sloop _grace_ (belonging to the king's victualling office), to get under way and proceed a certain distance from chatham. after he had come out of the medway and had reached the nore he was to open a letter which slade had given him, wherein he would find his instructions. the _grace_ in due course hoisted sails and anchor and found herself out by the nore. on opening the letter, cheney was surprised to find he was directed to proceed to calais. he informed the crew, who were very indignant, as they had all thought they were bound for deptford. so that night they put back to sheerness and let go anchor. the following day, with a reluctant company on board, they started off again and reached ramsgate, where they lay all night. on the third day they crossed the channel and got into calais roads, anchored, and remained there all night. it should be added that slade had taken the precaution to put on board this sloop before she left england a mr. thomas aldridge, an expert judge of pictures, his exact description for this voyage being as supercargo, a term which signifies an officer in a trading vessel whose duty it is to manage the sales and superintend all the commercial concerns of the voyage. having arrived, then, off calais, cheney, aldridge, and some of the crew proceeded ashore and, guided by the art expert, went to a certain monsieur dessein, who kept an hotel in that town. from him they obtained a large number of cases containing the orleans collection, and brought them off to the _grace_. altogether there were no less than fifteen of these cases, and although the _grace_ was a vessel of some thirty-two tons burthen, yet the weight of these paintings was sufficiently great to lower her water-line a good six inches. after this valuable cargo had been got aboard and stowed, a gale of wind sprang up and detained them for a few days, but at length they cleared from the french coast and steered for the downs. from there they rounded the north foreland, and after running up the thames entered the medway and let go at gillingham until it was dark. but as soon as night had fallen they got going once more, and ran alongside the victualling wharf at chatham. the pictures were brought up from the sloop and taken ashore by means of a crane, and then quietly carried into mr. slade's house. by this he had thus saved the cost both of carriage and of duty, the pictures being afterwards sold for a very large sum. however, this dishonest business at length leaked out, an action was brought against slade, and a verdict was given for the king and for six pictures of the single value of twenty guineas. on the evening of a november day in the year , the revenue cutter _badger_, under the command of captain mercer, was cruising in the english channel between dungeness and boulogne. about seven o'clock it was reported to the commander that about a quarter of a mile away there was a lugger steering about n.w. by w. towards the english coast. the _badger_ thereupon gave chase, but as she drew nearer and nearer the lugger altered her course many times. carrying a smart press of canvas, the _badger_, which was one of the fastest vessels employed in the revenue, came up rapidly. as usual she fired her warning gun for the lugger to heave-to, but all the notice taken by the chased ship was to go about on the other tack and endeavour still to escape. but presently the cutter, running with the wind on her quarter and doing her eight knots to the lugger's four or five, came up to her foe so quickly as to run right past her. but before the _badger_ luffed up she hailed the lugger (whose name was afterwards found to be the _iris_ of boulogne) and ordered her to heave-to. "i be hove-to," answered back one of the lugger's crew in unmistakable english. [illustration: "the _badger_ was hoisting up the galley in the rigging."] meanwhile the _badger_ was hoisting up the galley in the rigging preparatory to launching, and the crew stood by ready to get in. as soon as the _badger_ had shot past, down went her helm and she came alongside the _iris_ as the galley was dropped into the leaden waters. but just at that moment the _badger's_ people overheard some men on the lugger exclaim, "now's your time," whereupon the crew of the lugger also launched their boat, forsook the _iris_, and began to row off as fast as they could. the _badger_ called to them--among whom was a man named albert hugnet--ordering them under pain of being shot to come alongside the cutter. they replied that they were coming, but that they could not find their thole-pins, saying that they had only two oars on one side and one oar on the other. this was said in english, and was obviously a mere excuse to gain time. meanwhile the cutter's galley and men had come alongside the lugger, in which they found half-ankers, containing gallons of brandy, and half-ankers of geneva, bags of tea, and bags containing lbs. of manufactured tobacco. as the men of the _iris_ showed no signs of coming back, the prize-crew on the lugger hailed the _badger_, giving information that the smugglers were escaping. "lie close," came the command, so the cutter trimmed her sheets and went in pursuit, and fired some shots in the direction of the retreating boat. but it was no use, for the boat was quickly lost from sight among the waves and disappeared entirely. there was some sea on at the time, so no one among the revenue men envied the _iris's_ crew their task of rowing across to boulogne, a distance of somewhere about twenty-seven miles, in that weather and athwart very strong tides, with the certainty of having a worse time as the ridens and the neighbourhood of boulogne was approached. in fact the chief mate of the cutter remarked, some time after, though he had seen these tub-boats go across the sea in all weathers, and were splendidly seaworthy, yet he considered it was not very wise of the _iris's_ crew to risk it on such a night as that. convinced, then, that the men were making for france, the lugger, with her prize crew on board, presently sailed up after the cutter, hoping to come across their captives. but neither cutter nor lugger could find the men, and concluded, no doubt, that the tub-boat had foundered. but, at a later date, albert hugnet was arrested, and in the following june was brought to trial and punished. it then came out that the whole boat-load had escaped with their lives. for andres finshaw was called as evidence for the defence. he had been one of the lugger's crew, and showed that after rowing away that night they had not fetched across to the french coast, but having the good luck to find a french fishing-craft only a quarter of a mile away, they were taken aboard her and thus returned to france. it was also brought out very clearly by the other side that when first seen the _iris_ was within nine miles of the english coast, and afterwards the _badger_ steered n.w. by w. towards the south of dungeness, and after five and a half miles saw the dungeness light and the south foreland light, took cross-bearings of these, and having marked them off on the chart, fixed their position as about three miles from the coast. thus when the lugger was first encountered the latter was about nine miles from the land. the date of that incident, then, was the th of november, and hugnet was not then captured. we may now pass over the next four weeks till we come to the th of december in that same year. at eight o'clock in the morning the revenue cutter _eagle_ was cruising off the coast of kent when she observed a lugger bearing about n.w. by n. from them. the lugger was under all sail and heading s.e. for boulogne, having come out from east dungeness bay. the weather was thick, it was snowing, and no land was in sight, dungeness being the nearest portion of the english coast. it did not take long for the _eagle's_ commander to guess what was happening, especially when that bay was so notorious, and the cutter began to give chase, the wind being roughly n.w. but as the _eagle_ pursued, the lugger, as was the approved custom, hauled up and came on a wind, hoping to get away and outpace the cutter. but in this the smugglers were not successful, and eventually the _eagle_ overhauled her. the cutter's galley was now launched, and after having been for three-quarters of an hour rowed quickly by the aid of her eight men, the lugger was reached and hailed. the usual warning signal was fired from a musket in the boat and colours shown. the lugger, however, declined to heave-to as requested. "if you don't heave-to," roared the chief mate of the _eagle_, as he looked towards the helmsman, "we'll fire right into you." on this the lugger lowered her sails, the galley bumped alongside, and the chief mate and crew, pistols in hand, leapt aboard. "where are you from?" asked the chief mate. the answer came in french, which the latter did not understand, but he thought they said they were bound from bordeaux to calais. if so, it was an obvious and foolish lie. mr. gray--for that was the mate's name--then inquired how many men were aboard, and the answer returned that there were seven. gray then called the lugger's men aft, and separated the english from the foreign, and found there were five french and two english. the two latter, said the frenchman (who was none other than albert hugnet, whom we spoke of just now), were just passengers. a few minutes later, the skipper contradicted himself and said there were not seven but nine, all told. gray then proceeded to look for the other two, and jumped down forward into the forepeak. as the place was dark he put his cutlass in first and rummaged about. in a moment the cutlass brought up against something soft. gray had struck a man, hiding there, on the legs and thighs. he was called upon by the cutter's mate to come out, and instantly obeyed, fearing no doubt that the cutlass would assail him again if he didn't. as he emerged he was followed by another man, and another, and yet another; in fact from that dark hole there came out a procession of seven, all of whom were found to be englishmen. it was noticeable that most, if not all, were dressed in short jackets and petticoat trousers. they were clearly sailors, and not landsmen--passengers or anything else. in plain language they were out-and-out smugglers. what was especially to be noted was the fact that their trousers were quite wet right up to their middles. in some cases their jackets were also wet up to their elbows. all this clearly pointed to the fact that they had not long since put off from the shore, where they had succeeded in landing a contraband cargo by wading from the lugger to the beach; and such a thick atmosphere as there was on the previous night must have made it highly convenient for them. nevertheless, even for these weather-hardened seamen, it cannot have been altogether pleasant penned up in sopping clothes in a dark forepeak with an unseen cutlass waving about in their midst and seizure pending. these men also gray ordered to go aft, and put them together so that he might see how many altogether were english and how many french. it was found that there were nine of them english and five french. taking possession of the helm, gray let the sails draw and ran down to the _eagle_, telling his prisoners he was going to get further instructions from his commander. there were no tubs found on the lugger, which was as might be expected, but there was a solitary hoop which had evidently come off whilst these tubs were being hauled out, and there were also found two pairs of slings which were universally employed for getting the half-ankers ashore. these slings were made of small line, and were passed round the circumference of the cask at its "bow" and "stern," sufficient line being left so that there were two lines, one to pass over each of a man's shoulders. these two lines could be joined to other two on another cask, and so each smuggler could land with one tub on his back and another on his chest, in much the same way as you see a sandwich-man carrying boards in the street. on examining this lugger there was no bilge-water found in the forepeak, so those seven shivering men could not have made the excuse that the vessel was damp in that portion. to cut a long story short, the lugger was eventually taken into harwich, having been discovered seventeen miles from the french coast and eleven from the english shore. assuming the lugger had travelled at about four knots an hour, this would mean that she had started off from the english beach on her return journey about a.m., the previous hours of the night having doubtless been spent in unloading the tubs somewhere between folkestone and dungeness or perhaps rye. thus hugnet, having at last been caught, had to stand his trial for both this and the occurrence of the previous month. and a verdict in each case having been returned against him, his activities in running backwards and forwards across the english channel were, for a time at least, considerably modified. these tub-boats, which we have had cause to mention more than once, were usually not towed but carried on the lugger's deck. a tub-boat got its name from the fact that when the lugger was too big to run her nose on the beach the tubs were landed in these boats. for that reason they were made very deep, with plenty of high freeboard, and were accordingly wonderfully good sea-boats, though they were somewhat heavy to row even without their spirituous cargoes. as one looks through the gaol-books and other smuggling records, one finds that there was a kind of hereditary custom that this running of contraband goods should pass on from father to son for generations. thus there are constant repetitions, in different ages, of men bearing the same surname engaged in smuggling and becoming wonderfully notorious in this art. among such family names must be mentioned that of rattenbury. the man of whom we are about to speak was flourishing during the second decade of the nineteenth century, and his christian name was john. in november --it is significant how often this dark month crops up in the history of smuggling, when the weather was not likely to tempt those revenue cruisers' commanders, who preferred the snug shelter of some creek or harbour--john rattenbury happened to find himself at weymouth. into that port also came a vessel named the _lyme packet_, which was accustomed to trade between lyme and guernsey. but on this occasion the ship had just received the misfortune of carrying away her bowsprit--possibly in the portland race--and her master, john cawley, decided to run into weymouth for repairs. whilst these were being taken in hand what should be more natural than that the _lyme packet's_ master should drift into a local public-house? having brought up comfortably in that haven of rest, he was promptly discovered by his old friend rattenbury, who had also made for the same house of refreshment. the usual greetings took place, and rattenbury inquired how it was that cawley came to be there, and an explanation of the accident followed. according to the skipper's own version, they got into conversation, and, over a glass of grog, rattenbury volunteered the remark that if cawley would be willing to sail across to cherbourg to fetch a cargo of spirits he would pay him at a rate that would make it much more profitable than trading between lyme and guernsey. in fact he was willing to pay cawley as much as twelve shillings a cask, adding that in one voyage this skipper, who happened also to be owner, would make more money thereby than in the regular course of trade in a twelvemonth. such a proposition was more than a tempting one, and cawley gave the matter his attention. unable to resist the idea, he acquiesced, it being agreed that rattenbury should accompany him to france, where they would take in a cargo of spirits, cawley to be paid his twelve shillings for every cask they were able to bring across. so, as soon as the bowsprit was repaired and set in its place, the _lyme packet_ cast off her warps and ran out of weymouth harbour. she made direct for cherbourg, where they anchored in the roadstead. rattenbury now went ashore and returned accompanied by casks of spirits made up in half-ankers. these were put on board and the voyage back to england commenced, the intention being to make for west bay and land the goods somewhere near sidmouth. having arrived off the devonshire coast, rattenbury took the _lyme packet's_ boat and rowed himself ashore, landing at beer head, his object being to get assistance from the men of sidmouth for landing his goods. it was then about a.m. the captain of the _lyme packet_ kept his ship standing off and on during the night, and hovered about that part of the coast till daybreak. but as rattenbury had not returned by the time the daylight had come back, cawley became more than a little nervous and feared lest he might be detected. before very long--the exact time was . a.m.--robert aleward, a mariner on the revenue cutter _scourge_, on turning his eye into a certain direction not more than three miles away, espied this _lyme packet_, informed his commander, and a chase was promptly begun. cawley, too, saw that the _lyme packet_ had been observed, and began to make preparations accordingly. he let draw his sheets, got the _lyme packet_ to foot it as fast as she could, and as the three intervening miles became shorter and shorter he busied himself by throwing his casks of spirits overboard as quickly as he and his crew knew how. the distant sail he had noticed in the early morning had all too truly turned out to be the revenue cutter, but he hoped yet to escape or at any rate to be found with nothing contraband on board. it was no good, however, for the cruiser soon came up, and as fast as the _lyme packet_ had dropped over the half-ankers, so quickly did the _scourge's_ men pick them up again in the cutter's boats. having come up alongside, the cutter's commander, captain m'lean, went on board, seized cawley and his ship as prisoners, and eventually took both into exmouth. judicial proceedings followed with a verdict for the king, so that what with a broken bowsprit and the loss of time, cargo, ship, and liberty the voyage had in nowise been profitable to cawley. chapter xv a tragic incident and now we must turn to an occurrence that was rather more tragic than the last, though the smugglers had only themselves to blame. the reader is already aware of the practice existing at this time of actually rowing contraband across from france to england in large boats pulling four or more oars. as one who have myself rowed a craft most of the way from calais to dover in a flat calm, i cannot altogether envy the smugglers their job. however, on may , , captain hawtayne, commanding h.m.s. _florida_, was cruising in the english channel on the look-out for contraband craft. evidently he had received certain information, for at eight o'clock that evening he ordered mr. keith stewart, master's mate, to man one of the ship's boats and to intercept any boat that might leave the french coast that looked at all of a suspicious nature. this order was duly obeyed. a galley was observed some time before, which had no doubt aroused captain hawtayne's suspicions. this galley had been seen to come out of calais harbour and to be rowed towards the westward. but she must have spotted the _florida_, for she very shortly put back. but before long mr. stewart's boat fell in with another craft--a long white galley named the _st. thomas_. this was now about a.m., and for a time the _st. thomas_ had the impudence to pretend she was a french police boat. when descried she was about five or six miles to the n.n.w. of cape blanc nez, and was steering to the westward. the night was dark, for the moon had disappeared behind a cloud as mr. stewart's boat came up alongside and hailed the strange craft. he began by asking what boat she was. the steersman replied by inquiring what boat mr. stewart's was. the latter answered that it was the king's boat. at that time the _st. thomas's_ sails were up, and now mr. stewart ordered the steersman to lower them. he made no answer, but, turning round to his crew exhorted them to pull quickly, saying, "give way, my boys, give way." thereupon the smugglers cheered and pulled as hard as they could. mr. stewart again ordered the steersman to lower sail, adding that should he fail to do so he would fire at him. but this did not awe the _st. thomas_. "fire and be damned," answered the steersman. "if you fire, i will fire. we are as well armed as you are." stewart held his hand and did not fire, but ordered his men to pull closer. coming alongside, he addressed the steersman, saying it was absolutely essential that he should examine the _st. thomas_ and that he knew they were englishmen, adding that he was unwilling that there should be any bloodshed by firing into the boat. [illustration: "fire and be damned."] with this the _florida_'s boat pulled up on the other's quarter, and the bowmen hooked on with the boat-hook. the _st. thomas's_ steersman knocked the boat-hook away and threatened to shoot the bowman if he did not let go. for a short time thereafter the boats separated and drifted apart. but a second time his majesty's boat pulled up alongside, and mr. stewart jumped forward into the bows and ordered one of his own men to stand by ready to accompany him on board. the steersman of the other, however, was determined, and resisted stewart's attempt, at the same time presenting a pistol and threatening to shoot the officer if he advanced one step further. on that the men of _st. thomas_ ceased rowing, drew in their oars, and rushed aft to where the steersman was standing in the stern. matters began to look ugly, and being convinced that these men were bent on desperate resistance, mr. stewart was compelled to fire with his pistol at the steersman, who immediately fell. stewart instantly leapt aboard, but was nearly jostled into the sea by two of the enemy. he ordered the whole of this crew to go forward, but they declined to obey, and followed this up by threatening that if they still refused he would have to use his sword and cut them down. the only member of his own crew who had already got aboard as well was his coxswain, and owing either to himself or the action of the coxswain in stepping from one boat to the other, the two craft had drifted apart, and for a time there was considerable risk that the men, who were obvious smugglers, would fall on these two. but the naval officer had already cut down two of their number with his sword, and after that the rest went forward and were obedient. the _st. thomas_ was rather a large craft of her kind. additional to her sails, she rowed five on one side, six on the other, and also had a steersman, the additional oarsman being no doubt placed according to the tide so that his work might in some measure counteract the great leeway which is made by small vessels crossing the strong tidal stream of the english channel. as all was now quiet on board, mr. stewart searched her and found she was laden with kegs, which, said the crew, were filled with tea and tobacco, these kegs being as usual already slung for putting ashore or sinking. later on it was found that out of this crew no less than six were english, besides one man who had been born at flushing of english parentage, though he called himself a dutchman. the rest were all foreigners. no one can read such an incident as this without regretting that they should have ever led to slaughter. it is a serious thing to take any man's life when there is no warfare, and it is still more dismal if that man is of the same nationality as the one who deals death. if the whole of the _st. thomas's_ crew had been killed there could have been no blame on mr. stewart, for he was only carrying out his orders and acting in self-defence. the smugglers were fully aware they were in the wrong, and they were responsible for any consequences that might accrue. the officer had given them ample warning, and he had only used severe measures when absolutely compelled. but there is a more satisfactory side to this regrettable incident, which one is only too glad to be able to record. the man who had been so badly wounded desired to speak to mr. stewart, and when the latter had approached him he turned to him and said: "you've killed me; sir, i'm dying." mr. stewart saw that this was perfectly true, and that the man was in no sense exaggerating. "well, i'm sorry for it," he said, "but it was your own fault." "yes," answered the dying man, "i know that, but i hope you won't make things worse than they are. i freely forgive you." this was the steersman who had so strenuously opposed the boarding of the _st. thomas_. we can quite sympathise with the feelings of mr. stewart, and be thankful that those lawless days of violence have long since passed. if you talk with any of the revenue officers still living who were employed in arresting, lying in wait for, receiving information concerning, and sometimes having a smart fight with the smugglers, you will be told how altogether hateful it was to have to perform such a duty. it is such incidents as the above which knock all romance out of the smuggling incidents. an encounter with fisticuffs, a few hard blows, and an arrest after a smart chase or a daring artifice, whilst not lessening the guilt of smuggling, cannot take away our interest. our sympathies all the time are with the revenue men, because they have on their side right, and in the long-run right must eventually conquer might. but, as against this, the poorer classes in those days were depressed in ignorance with low ideals, and lacking many of the privileges which no thinking man to-day would refuse them. and because they were so daring and so persistent, because they had so much to lose and (comparatively speaking) so little really to gain, we extend to them a portion of our sympathy and a large measure of our interest. they were entirely in the wrong, but they had the right stuff in them for making the best kind of english sailormen, the men who helped to win our country's battles, and to make her what she is to-day as the owner of a proud position in the world of nations. ten of these twelve men were taken as prisoners to the _florida_, and the _st. thomas_ with her cargo still aboard were towed by the _florida_ into yarmouth roads, and there delivered to the collector of customs. she was found to be a -foot galley--a tremendous length for an oared craft--with no deck, and rigged with three lugsails and jib, her size working out at about tons burthen. on delivering the cargo at yarmouth it was found that there were altogether kegs. the ten uninjured prisoners were taken before the yarmouth magistrates, and the two whom the officer had cut down were sent on shore immediately the _florida_ arrived in that port. the english steersman, to whose case we call special attention, died, two others were fined £ each, two were sent to gaol, and one, who was the son of the man who died, was liberated, as it was shown that he had only been a passenger. the man who had been born of english parents at flushing was also set free, as the magistrates had not sufficient proof that he was a british subject. a few months prior to the above occurrence lieutenant john wood rouse was in command of his majesty's schooner _pioneer_. on the th of january he was cruising between dungeness and point st. quintin, when his attention was drawn to a lugger whose name we may state by anticipation was the _wasp_. she appeared to be making for the english coast on a n.w. bearing, and was distant about six miles. in order to cut her off and prevent her from making the shore lieutenant rouse sent one of his men named case with a galley to cross her bows. at the same time he also despatched another of his boats under the care of a mr. walton to make directly for the lugger. this occurred about a.m., and the chase continued till about . p.m., when the schooner came alongside the lugger that had, by this time, been seized by mr. case. lieutenant rouse was then careful to take bearings of the land, and fixed his position so that there should be no dispute as to whether the lugger were seized within the legal limits. on capturing the lugger, only two persons were found on board, and these were at once transferred to the _pioneer_. to show what liars these smugglers could become, one of these two said he was a frenchman, but his name was the very british-sounding william stevenson. the other said he was a dutchman. stevenson could speak not a word of french, but he understood english perfectly, and said that part of the cargo was intended for england and part for ireland, which happened to be the truth, as we shall see presently. he also added that of the crew of eight three were dutchmen and five english, for he had by now forgotten his own alleged nationality. prior to the arrival of mr. case's boat the lugger had hoisted out her tub-boat and rowed away as fast as the waves would let her, with all the crew except these two. she was found to have a cargo of tobacco and tea, as well as geneva, all being made up into suitable dimensions for landing. on examining the ship's papers it was indicated that she was bound for bilbao in spain. but these papers had evidently been obtained in readiness for such an occurrence as the advent of the schooner. when it is mentioned that this lugger was only a large galley with absolutely no deck whatever, and capable of being rowed by ten men, it was hardly credible that she would be the kind of craft to sail round ushant and across the bay of biscay. "was she calculated to carry a cargo to spain?" asked counsel at the trial two years later. "i will risk my experience as a sailor," answered one of the witnesses, "that i would not have risked my life in a boat of that description." but, unfortunately for the smugglers, there was discovered on board a tin box which absolutely gave their case away. in this tin box was found an instructive memorandum which it requires no very great ingenuity to decipher, and ran something as follows:-- "for b. valden. from tusca tower to blackwater hill, allowing half a point for the tide. for w. martensons glyn. from tusca n.e. until tara hill bears n.w. pieces of chocolate gulders. pieces of gays[ ] ditto. a proportion of g., say one-third, and let it be strong as possible. a vessel coming in the daytime should come to anchor outside the banks. at clocker head, bryan king. at the mountain fort, henry curran. and racklen, alexander m'donald." now anyone on consulting a chart or map of the south-west and west of the british isles can easily see that the above was just a crude form of sailing directions to guide the ship to land the goods at various places in ireland, especially when the box also contained a paper to the following effect:-- "the land's end to tusca miles n.n.e. a berth off scilly n.e. / n." the ship was to take such goods as mentioned to the above individuals, and here were the landmarks and courses and the division of the goods. "a proportion of g," of course, referred to the amount of geneva, but the gentleman for whom it was intended did not get it "as strong as possible." not one of these places mentioned was within hundreds of miles of bilbao, but all the seamarks were to guide the mariners to ireland. tara hill, tuscar rock and so on were certainly not spanish. but these instructions were by no means uncommon. they were technically known among smugglers as "spot-notes," that is to say, indications of the spots where the goods were to be landed. when stevenson found that his captors had become possessed of these papers he was considerably confused and embarrassed, even going so far as to ask for them to be given back to him--a request which was naturally declined. the lugger was taken captive into dover, and stevenson, being an englishman, was committed to gaol in the dover town prison, from which he succeeded in escaping. the dutchman was let off, as he was a foreigner. the men who had rowed away in the tub-boat escaped to france, having taken with them out of the galley one parcel of bandanna handkerchiefs. the rule in these cases was to fine the culprit £ if he was a landsman; but if he was a sailor he was impressed into the navy for a period of five years. there must be many a reader who is familiar with some of those delightful creeks of devonshire and cornwall, and has been struck with the natural facilities which are offered to anyone with a leaning for smuggling. among these there will rise to the imagination that beautiful inlet on whose left bank stands salcombe. towards the end of june in the year william webber, one of the riding officers, received information that some spirits had been successfully run ashore at the mouth of this harbour, "a place," remarked a legal luminary of that time, "which is very often made the spot for landing" this class of goods. webber therefore obtained the assistance of a private in the th regiment, and early in the evening, as he had been informed that the goods were not yet carried away, but still were lying deposited somewhere near the beach, proceeded to the spot. he and the hussar arrived at the place about nine o'clock on this june evening and managed to conceal themselves behind a hedge. they had not very long to wait before they heard the sound of some men talking, and a man named james thomas was observed to remark: "we couldn't have had a better time for smuggling if we had lain abed and prayed for it." through the openings in the hedge webber and the hussar could see the outline of the delinquent, and the voice was more than familiar to the riding officer. we can readily appreciate thomas's ecstasy when we remark that it had now become rather dark and a sea-haze such as frequently comes up in fine weather after a hot day was beginning to spread itself around. for some time longer the two men continued to remain in their hiding-place, and then heard that thomas and his accomplice had become joined by a number of other people. the sound of horses' hoofs being led down to the beach was also distinctly heard, and there were many signs of accelerated activity going on. presently there came upon the ears of the riding officers the noise which proceeds from the rattling of casks, and from some convenient hiding-place, where they had remained, these were at last brought forth, slings were prepared, and then the load was placed on the backs of the several horses. at this point, deeming that the time had come to interfere, the riding officer and the hussar crept out from their place of concealment and advanced towards the band of smugglers. but, alert as hares, the latter, so soon as they realised their own danger, took to their heels and ran helter-skelter away. thomas, however, was too wrath to hasten, and began to curse his men. he began by complaining that the kegs which had been brought forth were wonderfully "slack," that is to say they were not as full as they might have been, hinting that someone had been helping himself to their contents of spirits. "if you had brought these a little sooner," referring doubtless to both horses and casks, "we should have been three miles on our way home." but scarcely had he finished his sentence than the last of his band had fled, leaving him behind with both horses and casks. he was promptly arrested and eleven months later prosecuted by the attorney-general. because the smugglers were so frequently assisted in their work by those night signals to which we alluded some time back it had been made a penal offence to show a light for the purpose of signalling within six miles of the coast. arising out of such an offence, john newton and another found themselves prosecuted for an incident that occurred about the middle of december . the comparative seclusion of that big bight which extends from the bill of portland to the promontory well known to many readers as hope's or pope's nose, was much favoured by the smuggling fraternity. this west bay was well out of the english channel and the track of most of his majesty's ships, and there were plenty of hills and high ground from which to show friendly signals to their comrades. rattenbury and cawley, as we related, had in vain tried to land their cargo hereabouts, though there were many others who, before the revenue cutters became smarter at their duty, had been able to run considerable quantities of dutiable goods in the vicinity of sidmouth and lyme. on the afternoon of this winter's day two small sailing craft had been noticed by the preventive shore officers to be tacking about near the land, but did not appear to be engaged in fishing. it was therefore reasonably supposed they were about to run some contraband ashore after dark. a mr. samuel stagg and a mr. joseph pratt, stationed at sidmouth in the preventive service, were all the time keeping a smart look-out on these boats, and somewhere about five o'clock in the evening launched their oared-cutter and rowed off towards them. after a chase they came alongside the first, which was named the _nimble_, and boarded her. they found therein three men consisting of john newton, john bartlett, and thomas westlake; but as they searched her and found no trace of any casks or packages of tobacco, the preventive men left her to row after the other craft. it was now, of course, quite dark, and there was blowing a nice sailing breeze. scarcely had they started to row away before the _nimble_ hoisted sail and by means of flint and steel began to make fire-signals, and kept on so doing for the next half hour. this was, of course, a signal for the second boat, and as soon as the latter observed these signs she also made sail and hurried away into the darkness of the bay. it was impossible for the officers to get up to her, for they would stand every chance of losing themselves in the vast expanse of west bay, and the craft might take it into her head to run down channel perhaps into cornwall or eastwards round to portland, where goods often were landed. therefore deeming one craft in arrest to be worth two sailing about in west bay, they went back and seized the _nimble_. the three men, whose names we have given, were taken ashore, tried, and found guilty. but as illustrative of the times it is worth noting that john bartlett had before this occurrence actually been engaged for some time as one of the crew of that revenue cutter about which we spoke some time back in this very bay. and so, now, "for having on the high seas, within six miles of the coast, made a certain light on board a boat for the purpose of giving a signal to a certain person or persons," he was, in company with his two colleagues, condemned. that the age of lawless mobs was by no means past, may be seen from the incident which now follows. it had been thought that the act which had been passed, forbidding any boat built to row with more than four oars, would have put a considerable check to activities of the smugglers. but these boats not only continued to be built, but also to be navigated and used for the contraband purposes. the revenue officers of the district of christchurch, hants, had reason in april of to believe that a boat was being constructed in their neighbourhood of such dimensions and capable of being rowed with such a number of oars as made her liable to seizure. therefore, taking with them a couple of dragoons, two of these revenue officers proceeded on their way to the district near milton, which is, roughly speaking, the centre of that bay which is bounded on one side by christchurch head, and on the other by hurst point. they had not arrived long at their destination before it was found that about thirty men had concealed themselves in an adjoining wood. the officers had found the boat they were looking for in a meadow, and were about to seize it. it was found to be covered over with sails, having been hidden in the meadow for safety's sake, for since it was made to row seven aside it was clearly liable to forfeiture. one of the two officers now went off to fetch assistance, and whilst he was away two of the smugglers came forth and fraternising with the two dragoons, offered them some brandy which they drank. in a short while both soldiers had taken such a quantity of the spirits that they became utterly intoxicated and helpless. one of the two smugglers then gave a whistle, and about thirty men issued forth from the wood, some of them in various forms of disguise. one had a deer's skin over his face, others had their faces and hands coloured with blue clay and other means. these men angrily demanded from the solitary officer the sails which he had removed from the boat, but their requests were met by refusal. the mob then seized hold of the sails, and a tussle followed, whereupon the officer threatened to shoot them. he managed to retain hold of one sail, while the mob held the other and took it away. about three o'clock in the afternoon the other officer returned with the lymington preventive officer, two custom house men, and three dragoons. they found the intoxicated soldiers, one of whom was lying prostrate on the field, while the other was ludicrously and vainly endeavouring to mount his horse. the seven men now united, and got a rope by which they began to remove the boat from its hiding-place, when a great many more people came on to the scene in great indignation. as many as fifty, at least, were now assembled, and threats and oaths were bandied about. during this excitement some of the crowd cut the rope, while a man named thomas vye jumped into the boat, and rather than see her fall into the hands of the enemy, endeavoured to stave her in. the remainder of the story is but brief. for, at last, the seven men succeeded in pulling the boat away in spite of all the crowd's efforts, and dragged it even across a couple of fields, where there was a road. here a conveyance was waiting ready, and thus the boat was taken away, and at a later date vye was duly prosecuted by the crown for his share in the proceedings. footnotes: [ ] "gays" was evidently trade slang to denote bandanna silk handkerchiefs, which were frequently smuggled, and some of which were found on board. chapter xvi administrative reforms by an order in council of may , , it was directed that henceforth all sums which were awarded for arrests on shore of any person concerned in smuggling should be paid in the following proportions. he who made the arrest was to have three-quarters of the reward, which was to be divided into equal proportions if there were more than one person. if there were any officer or officers present at the time of arrest, these were to have one quarter of the reward. the officer commanding the party was to have two shares, each of the other officers having one share. the reward payable for a smuggler convicted and transferred to the navy amounted to £ . and here let it be added that the persons liable to arrest in regard to smuggling were: ( ) those found on smuggling vessels; ( ) those found unloading or assisting to unload such craft; ( ) those found to be carrying away the landed goods or concerned in hiding the same. but before conviction it was essential to prove that the seized spirits were foreign; that the vessel had come from foreign parts; that the party who detained the smugglers was a customs officer; and that the offenders were taken before a proper magistrate. we now come to the year , when the commissioners of inquiry made an important report touching the revenue service. they suggested that the riding officers were not valuable in proportion to their cost, and so it came about that the inspectors and superior officers, as well as a large number of the inferior classes, were dispensed with, but a small percentage of the lowest class was retained as a preventive mounted guard, the annual cost of this being only the modest sum of £ . this preventive guard was to be employed in watching for any gatherings of smugglers, and whenever any goods might be landed and carried up into the country, they were to be followed up by the members of this guard. they were also to maintain a communication between the different stations. up to the year , from those early days of the seventeenth century and earlier, the revenue cruisers were the most important of all the means employed for suppressing smuggling. but the same inquiry which had made its recommendations regarding the riding officers also reported that the efficacy of the vessels employed in protecting the revenue was not proportionate to the expense incurred in their maintenance. they advised, therefore, that their numbers should be reduced, and that whereas they had in come under the care of the admiralty, they should now be restored to the control of the customs. but the officers and crews of these cruisers were still to be selected by the admiralty. and thus in the year these recommendations were carried into effect, and a new order inaugurated. it was by a treasury minute of february , , that it was directed that the whole of the force employed for the prevention of smuggling "on the coast of this kingdom," was to be consolidated and transferred, and placed under the direction of the customs board. this force was to consist of the cruisers, preventive water-guard, and riding officers. and henceforth the commanders of cruisers were to receive their orders from the controller-general of the coastguard, who was to be responsible to the board of customs. the one exception to this change was that the coast blockade on the coast of kent and sussex, which had shown itself so satisfactory that it was left unaltered. the preventive water-guard became the coastguard, and this--rather than the cruisers--should form the chief force for prevention of smuggling, the riding officers, or preventive mounted guard, being merely auxiliary by land, and the cruisers merely auxiliary by sea. to what extent the number of cruisers were reduced can be estimated by stating that whereas there were forty-seven of these revenue craft employed in england in , there were only thirty-three two years later, these consisting of the _mermaid_, _stag_, _badger_, _ranger_, _sylvia_, _scout_, _fox_, _lively_, _hawk_, _cameleon_, _hound_, _rose_, _scourge_, _repulse_, _eagle_, _tartar_, _adder_, _lion_, _dove_, _lapwing_, _greyhound_, _swallow_, _active_, _harpy_, _royal george_, _fancy_, _cheerful_, _newcharter_, _fly_, _seaflower_, _nimble_, _sprightly_, _dolphin_. the first-class cruisers were of tons and upwards, the second class of from to tons, and the third class were under tons. in the cruisers on the irish coast and the scotch coast were also transferred to the customs board, and from that date the entire coastguard service, with the exception of the coast blockade, was directed, as stated, by the controller-general. in the year , the instructions were issued to the coastguard. afloat, these applied to the commanders, mates, gunners, stewards, carpenters, mariners, and boys of the cruisers. ashore, they were applicable to the chief officers, chief boatmen, mounted guard, commissioned boatmen, and boatmen, both sections being under their respective commanders. each member of the mounted guard was provided with a good horse and sword, with an iron scabbard of the light cavalry pattern, as well as a couple of pistols and ammunition. the cruiser commanders were again enjoined to keep the sea in bad weather and at night, nor were they permitted to come to harbour except when really necessary. in came the next change, when the coastguard took the place of the coast blockade, which had done excellent duty for so many years in kent and sussex. the aim was to make the coastguard service national rather than departmental. to promote the greatest efficiency it was become naval rather than civil. it was to be for the benefit of the country as a nation, than for the protecting merely of its revenues. thus there was a kind of somersault performed; and the whole of the original idea capsized. whereas the preventive service had been instituted for the benefit of the customs, and then, as an after-thought, became employed for protection against the enemy across the channel, so now it was to be exactly the other way on. the revenue was to be subservient to the greater and national factor. in this same , the number of cruisers had risen to thirty-five in england, but many of them had tenders. there were altogether twenty-one of these latter and smaller craft, their tonnage varying from twenty-five to sixty. and the next year the mounted guard was reorganised and the riding officers disappeared. with the cordon of cruisers afloat, and the more efficient coastguard service ashore, there was a double belt round our coasts, which could be relied upon both for national and revenue services. by this time, too, steam was invading the domain of the ship, and in , besides the old-fashioned sailing cutters and tenders, there was a steamer named the _vulcan_, of tons, taken into the service, her duty being to cruise about and search for suspicious vessels. in some parts of the country, also, there was assistance still rendered by the mounted guard for watching the roads leading inland from the beach to prevent goods being brought up. with this increased efficiency it was but natural that a change should come over the character of the smuggling. force was fast going out of date. except for a number of rather startling occasions, but on the whole of exceptional occurrence, violence had gone out of fashion. but because of the increased vigilance along the coast the smuggler was hard put to devise new methods of running his goods into the country without being surprised by the officials. most, if not all, of the old syndicates of french and englishmen, who made smuggling a roaring trade, had died out. the armed cutters had long since given way to the luggers as the smuggling craft. stealth had taken the place of violence, concealments and sunken goods were favoured rather than those daring and outrageous incursions which had been in the past wont to take place. and yet, just as a long-standing illness cannot be cured at once, but keeps recurring, so there were periods when the smuggling disease kept breaking out and seemed to get worse. such a period was that between and , but it was pointed out to the treasury that so long as the high duties continued, "your lordships must look only to the efficiency of the coastguard for the continued absence of successful enterprises, and that smuggling would immediately revive upon the slightest symptom of relaxation on the part of the commissioners of customs." the service was therefore glad to encourage naval lieutenants to serve as chief officers of the coastguard. among the general instructions issued to the coastguard of the united kingdom in , were definite orders to the commanders of cruisers. thus, if ever a cruiser ran aground the commander was to report it, with full particulars of the case and extent of damage. during the summer season the inspecting commanders were to take opportunities for trying the comparative speeds of these cruisers. whenever cruisers should meet at sea, in any roadstead or in any harbour, they were to hoist their ensigns and pendants as an acknowledgment that each had seen the other; and when both had thus hoisted their colours they might immediately be hauled down. this was also to be done when one cruiser should pass another at anchor. cruisers were again reminded that they were to wear only the ensigns and pendants appointed for the revenue service, and not such as are used in the royal navy. nor were salutes to be fired by cruisers except on particular and extraordinary occasions. it was further ordered that no alteration was to be made in the hull, masts, yards, sails, or any fitments of the cruisers, without the sanction of the controller-general. to prevent unnecessary expense on fitting out or refitting of any of the cruisers, the use of leather was to be restricted to the following: the leathering of the main pendants, runners in the wake of the boats when in tackles, the collar of the mainstay, the nip of the main-sheet block strops, leathering the bowsprint traveller, the spanshackle for the bowsprit, topmast iron, the four reef-earings three feet from the knot. all old copper, copper-sheathing, nails, lead, iron and other old materials which were of any value, were to be collected and allowed for by the tradesmen who perform the repairs. new sails were to be tried as soon as received in order to ascertain their fitness. both boats and cruisers were also to be painted twice a year, above the water-line, this to be done by the crews themselves. a general pilot was allowed for two months when a cruiser arrived on a new station, and an occasional pilot was permissible in cases of necessity, but only licensed pilots were to be employed. general pilots were paid s. a day as well as the usual rations of provisions. the cruisers were provided with charts of the coast off which they were employed. naval officers holding appointments as inspecting commanders of cruisers, chief officers of stations and mates of cruisers were ordered to wear the greatcoat established by any admiralty regulation in force for the time being, with epaulettes, cap, and side-arms, according to their ranks. commanders of cruisers, if not naval officers, were to wear a blue lappel-coat, buttoned back with nine coastguard uniform buttons and notched button-holes, plain blue stand-up collar with gold lace loop and button on each side thereof--the loop to be five inches long, and the lace three-quarters of an inch in breadth. there were also to be three buttons and notched button-holes on each cuff and pocket, as well as three buttons in the folds of each skirt. the waistcoat was to be white or blue kerseymere, with uniform buttons, white or blue pantaloons or trousers, with boots, a blue cloth cap similar in shape to those worn in the royal navy, with two bands of gold lace three-quarters of an inch broad, one at the top and the other at the bottom of the headpiece. the sword was to have a plain lace knot and fringe tassel, with a black leather belt. white trousers were worn on all occasions of inspection and other special occasions between april and october . blue trousers were to be worn for the other months. in the select committee on the board of customs expressed the opinion that the number of cruisers might be reduced, and the landguard practically abolished; but it was deemed advisable that these protections being removed, the coastline of defence ought to be strengthened by securing the services of naval lieutenants who had retired from the navy on half-pay. so the number of cruisers and tenders which in had reached seventy-six, and in were fifty-two, had now sunk to fifty in the year . in , on the outbreak of war with russia, men were drafted into the navy from the coastguard, their places being filled by pensioners. during the war considerable service was also rendered by the revenue cruisers, by capturing the russian ships in the northern seas, for we must recollect that, just as in the wars with france, there were two centres to be dealt with, viz., in the north and south. the war with russia, as regards the sea service, was prosecuted both in the narrow seas and in the black sea, and the russian trade was badly cut up. as many as eleven russian ships were captured by means of these british cutters, and no less than eight of these prizes were condemned. the fact is worthy of being borne in mind when considering the history of these craft which have long since passed from performing active service. the next modification came in , when it was resolved to transfer the control of the coastguard to the admiralty; for in spite of the great change which had been brought about in , all the coastguard officers and men while being appointed by the admiralty, were none the less controlled by the customs. however, this condition was now altered, but in the teeth of opposition on the part of the customs, who represented to the treasury that considerable inconvenience would result from this innovation. but on the st of october , the control of the coastguard was transferred to the admiralty, as it had been foreshadowed. and with that we see practically the last stage in the important development which had been going on for some years past. it was practically the finale of the tendency towards making the service naval rather than civil. for the moment, i am seeking to put the reader in possession of a general idea of the administrative features of the service, which is our subject, during the period between - . at the last-mentioned date our period devoted to cutters and smugglers practically ends. but before proceeding to deal with the actual incidents and exciting adventures embraced by this period, it may be convenient just to mention that these changes were followed in , when the services of civilians employed in any capacity in the coastguard were altogether dispensed with, and since then the general basis of the coastguard development has been for the better defence of our coasts, so as to be vigilant against any disembarkation by a foreign power, at the same time providing to a certain extent for the manning of the ships of the royal navy when required. thus, the old organisation, with which the customs board was so closely and for so long a time connected, changed its character when its sphere became national rather than particular. its duty henceforth was primarily for the protection of the country than for the prevention of smuggling. but between --when the admiralty yielded up their responsibilities to the customs board--and the year , when again the control was returned to the admiralty, no material alterations were made in the methods of preventing smuggling, the most important event during that period--apart altogether from the actual smuggling incidents--was the change which had been brought about in . during the different reigns and centuries in which the smuggling evil had been at work, all sorts of anti-smuggling acts had been passed. we can well understand that a certain amount of hasty, panic-driven legislation had from time to time been created according to the sudden increase of contraband running. but all these laws had become so numerous, and their accumulation had made matters so intricate, that the time had come for some process of unravelling, straightening out, and summarising. the systematising and clarification were affected by the act of january , ( geo. iv. cap. ). and one of the most important features of this was to the effect that any vessel belonging wholly or in part to his majesty's subjects, found within four leagues of the coast of the united kingdom, with prohibited goods on board, and not proceeding on her voyage, was to be forfeited. any vessel or boat, not square-rigged, belonging wholly or in part to his majesty's subjects, and found in the british (as it was then frequently designated) channel or irish channel, or elsewhere within leagues of the coast, with spirits or tobacco in casks or packages of less size than gallons; or tea, tobacco, or snuff, in any package containing less than lbs. in weight--this craft was to be forfeited. and vessels (not square-rigged), if found unlicensed, were also to be forfeited. but whale-boats, fishing-boats, pilot's boats, purely inland boats, and boats belonging to square-rigged ships were exempt. but, of course, smuggling was still very far from being dead, and the revenue cruisers had always to be on the alert. some idea of the sphere of activity belonging to these may be gathered from the following list of cruiser stations existing in the early 'twenties. the english cruiser stations consisted of: deptford, chatham, sheerness, portsmouth, cowes, weymouth, exmouth, plymouth, fowey, falmouth, penzance, milford, berwick, grimsby, boston, north yarmouth, harwich, gravesend, dover, poole, brixham, ilfracombe, douglas (isle of man), alderney, dover, seaford, dartmouth, holyhead, southend (in the port of leigh). in scotland there were: leith, montrose, stranraer, stornoway, aberdeen, cromarty, campbeltown, greenock. in ireland there were: kingstown, larne, killibegs, westport, galway, cork, and dunmore east. it was to such places as the above that the cruisers repaired for their provisions. when smugglers had been captured and taken on board these cruisers they were allowed not to fare as well as the crew, but to have only two-thirds of the victuals permitted to the mariners. in additional instructions were issued relating to the victualling of his majesty's revenue cruisers, and in future every man per diem was to have:-- one pound of biscuit, / of a pint of rum (wine measure), until the establishment of the imperial measure, when / of a pint was to be allowed, the imperial gallon being one-fifth greater than the wine gallon. each man was also to have lb. beef, / lb. flour, or in lieu thereof / pint of oatmeal, / lb. suet, or - / oz. of sugar or / oz. of tea, also lb. of cabbage or oz. of scotch barley. they were to be provided with pure west india rum, of at least twelve months old. further regulations were also taken as to the nature of the men's grog. "as it is considered extremely prejudicial to the health of the crew to suffer the allowance of spirits to be drank raw, the commanders are to cause the same to be served out to them mixed with water, in the proportion of three parts water and one part spirits, to be so mixed and served out in presence of one of the mates, the boatswain, gunner, or carpenter, and one or two of the mariners." smugglers detained on board were not to have spirits. before proceeding to sea each cruiser was to have on board not less than two months' supply of salt beef, spirits; suet or sugar and tea in lieu, as well as scotch barley. with reference to the other articles of food, they were to carry as large a proportion as could be stowed away, with the exception of fresh beef and cabbages. but two years prior to this, that is to say on april , , the board of customs had reduced the victualling allowances, so that commander and mates and superintendents of quarantine received s. d. a day each; mariners s. d.; and mariners of lazarettes (hospitals s. for quarantine) s. d. a day. as to the methods of the smugglers, these continued to become more and more ingenious, though there was a good deal of repetition of successful tricks until the revenue officers had learnt these secrets, when some other device had to be thought out and employed. take the case of a craft called the _wig box_, belonging to john punnett. she was seized at folkestone in the spring of by a midshipman of the coast blockade. there were found on her six gallons of spirits, which were concealed in the following most ingenious manner. she was quite a small vessel, but her three oars, her two masts, her bowsprit, and her bumpkin, had all been made hollow. inside these hollows tin tubes had been fitted to contain the above spirits, and there can be little doubt but that a good many other small craft had successfully employed these means until the day when the _wig box_ had the misfortune to be found out. there is still preserved in the london custom house a hollow wooden fend-off which was slung when a ship was alongside a quay. no one for a long time ever thought of suspecting that this innocent-looking article could be full of tobacco, lying as it was under the very eyes of the customs officers of the port. and in three other boats were seized in one port alone, having concealed prohibited goods in a square foremast and outrigger, each spar being hollowed out from head to foot and the ends afterwards neatly plugged and painted. another boat was seized and brought into dover with hollow yards to her lugsails, and a hollow keel composed of tin but painted to look like wood, capable of holding large quantities of spirits. but there was a very notorious vessel named the _asp_, belonging to rye, her master's name being john clark, her size being just under tons. in she was seized and found to have a false bow, access to which was by means of two scuttles, one on each side of the stem. these scuttles were fitted with bed-screws fixed through false timbers into the real timbers, and covered with pieces of cork resembling treenails. the concealment afforded space for no fewer than fifty flat tubs besides dry goods. but in another vessel of the same name and port, described as a smack, was also arrested at rye, and found to have both tobacco and silk goods concealed. this was effected by means of a false bottom to the ship, which extended as far aft as the ballast bulkhead. the entrance to the concealment was by means of a couple of scuttles on each side of her false keelson, these scuttles being screwed down in such a manner as also to be imperceptible. also on either side of her cabin there were other hiding-places underneath the berths, and so constructed that they deceived more than one revenue officer who came aboard to rummage her. the latter had bored holes through the lining, so as to try the distance of that lining from the supposed side of the vessel. finding this distance not to exceed the fair allowance for the vessel's scuttling, the officers had gone ashore quite satisfied. from the number of gimlet-holes in the lining it was clear that the officers had been imposed upon considerably. but what these officers had taken for the side of the ship was only an intermediary planking, the actual concealment being between that and the vessel's side. to get to the entrance of these concealments, the bedding had to be taken out, which they had no doubt omitted to do. but if they had done this they would have been able properly to get to the lining, when two small pieces of wood about an inch square let into the plank made themselves apparent. and these, if removed with the point of a knife or chisel, brought small pieces of cork (circular in shape) to become visible. as soon as these corks were removed, the heads of bed-screws were observable, and these being unscrewed allowed two boards running the whole lengths of the berths to be taken up, by which means were revealed the concealments capable of containing a considerable quantity of dry goods. somewhat reminiscent of this ship was the french vessel, _st. antoine_, which was seized at shoreham. she had come from dieppe, and her master was named a. fache. the after part of her cabin was fitted with two cupboards which had shelves that took down, the back of which was supposed to be the lining of the transom. but on taking the same up, timbers showed themselves. on examining the planks closely, it was noticed that they overlapped each other, the timbers being made to act as fastenings. on striking the lower end of the false timbers on one side, it moved round on a bolt, and one plank with a timber was made to shift on each side of the false stern-post, forming a stern-frame with the other. below the cupboards down to the run of the vessel the same principle was followed. the entrance to this was by taking down the seats and lockers in the cabin, and a false stern-post appeared to be fastened with a forelock and ring, but by unfastening the same, the false stern-post and middle plank could be taken down. two ingenious instances of the sinking of contraband goods were found out about the year , and both occurred within that notorious south-east corner of england. the first of these belongs to sandwich, where three half-ankers of foreign spirits were seized floating, being hidden in a sack, a bag of shingle weighing lbs. being used to act as a sinker. attached to the sack were an inflated bladder and about three fathoms of twine, together with a small bunch of feathers to act as a buoy to mark the spot. when this arrangement was put into use it was found that the bladder kept the sack floating one foot below the surface of the water. the feathers were to mark the spot where the sack, on being thrown overboard, might bring up in case any accident had occurred to the bladder. at spring tides the rush of the water over the sandwich flats causes a good deal of froth which floats on the surface. the reader must often have observed such an instance on many occasions by the sea. the exact colour is a kind of dirty yellow, and this colour being practically identical with that of the bladder, it would be next to impossible to tell the difference between froth and bladder at any distance, and certainly no officer of the revenue would look for such things unless he had definite knowledge beforehand. [illustration: the sandwich device. in the sack were three half-ankers. a bag of shingle acted as sinker, and the bladder kept the sack floating.] the second occurrence took place at rye. a seizure was made of twelve tubs of spirits which had been sunk by affixing to the head of each a circular piece of sheet lead which just fitted into the brim of the cask, and was there kept in its place by four nails. the weight of the lead was lbs., and the tubs, being lashed longitudinally together, rolled in a tideway unfettered, being anchored by the usual lines and heavy stones. the leads sank the casks to the bottom in - / fathoms of water, but at that depth they in specific gravity so nearly approximated to their equal bulk of fluid displaced that they could scarcely be felt on the finger. the leads were cast in moulds to the size required, and could be repeatedly used for the same purpose, and it was thought that the smuggling vessels, after coming across the channel and depositing their cargoes, would on a later voyage be given back these pieces of lead to be affixed to other casks. a clinker-built boat of about tons burthen named the _st. françois_, the master of which was named jean baptiste la motte, of and from gravelines, crossed the north sea and passed through the forth and clyde canal in the year to glasgow. nominally she had a cargo of apples and walnuts, her crew consisting of six men besides the master. she was able to land part of her cargo of "apples" at whitby and the rest at glasgow, and afterwards, repassing safely through the canal again, returned to gravelines. but some time after her departure from scotland it was discovered that she had brought no fruit at all, but that what appeared to be apples were so many portions of lace made up into small boxes of the size of apples and ingeniously painted to resemble that fruit. as showing that, even as late as the year , the last of the armed cutters had not been yet seen, we may call attention to the information which was sent to the london custom house through the dublin customs. the news was to the effect that in february of that year there was in the harbour of flushing, getting ready for sea, whither she would proceed in three or four days, a cutter laden with tobacco, brandy, hollands, and tea. she was called the _zellow_, which was a fictitious name, and was a vessel of tons with a crew of forty men, copper-bottomed and pierced for fourteen guns. she was painted black, with white mouldings round the stern. her boom also was black, so were her gaff and masthead. the officers were warned to keep a look-out for her, and informed that she had a large strengthening fish on the upper side of the boom, twenty cloths in the head, and twenty-eight in the foot of the mainsail. it was reported that she was bound for ballyherbert, mountain foot, and clogher head in ireland, but if prevented from landing there she was consigned to ormsby of sligo and burke of connemara. in the event of her failing there also she had on board two "spotsmen" or pilots for the coast of kerry and cork. there was also a lugger at the same time about to proceed from flushing to wexford. this vessel was of from to tons, was painted black, with two white mouldings and a white counter. she carried on her deck a large boat which was painted white also. tobacco was discovered concealed in rather a curious manner on another vessel. she had come from st. john, new brunswick, with a cargo of timber, and the planks had been hollowed out and filled with tobacco, but it was so cleverly done that it was a long time before it was detected. all sorts of vessels and of many rigs were fitted with places of concealment, and there was even a -ton cutter named the _alborough_, belonging to london, employed in this business, which had formerly been a private yacht, but was now more profitably engaged running goods from nieuport in belgium to hull. the descriptions of some of these craft sent to the various outports, so that a smart look-out for them might be kept up, are certainly valuable to us, as they preserve a record of a type of craft that has altered so much during the past century as almost to be forgotten. the description of the sloop _jane_, for instance, belonging to dumbarton in , is worth noting by those who are interested in the ships of yesterday. sloop-rigged, and carvel built, she had white mouldings over a yellow streak, and her bulwark was painted green inside. her cross-jack yards,[ ] as they are called, her bowsprit-boom, her gaff and studding-sail boom were all painted white, and she had three black hoops on the mast under the hounds. her sails were all white, but her square topsail and topgallant-yards were black. the _jane_ was a -tonner. the reader will remember considering some time back an open boat which was fitted with hollow stanchions under the thwarts, so that through these stanchions ropes might pass through into the water below. i have come across a record of a smack registered in the port of london under the singularly inappropriate name of the _good intent_. she was obviously built or altered with the sole intention of being employed in smuggling. i need say nothing of her other concealments under the cabin berths and so on, as they were practically similar to those on the _asp_. but it was rather exceptional to find on so big a craft as the _good intent_ a false stanchion immediately abaft the fore scuttle. through this stanchion ran a leaden pipe about two inches in diameter, and this went through the keelson and garboard strake, so that by this means a rope could be led through and into the vessel, while at the other end a raft of tubs could be towed through the water. by hauling tightly on to this line the kegs could be kept beautifully concealed under the bilge of the vessel, so that even in very clear water it would not be easy to suspect the presence of these tubs. the other end of this pipe came up through the ship until it was flush with the deck, and where this joined the latter a square piece of lead was tarred and pitched so as scarcely to be perceived. there must indeed have been a tremendous amount of thought, as well as the expenditure of a great deal of time and money, in creating these methods of concealment, but since they dared not now to use force it was all they could do. footnotes: [ ] the cro'jack yard was really the lower yard of a full-rigged ship on the mizzen-mast, to the arms of which the clews or lower corners of the mizzen-topsail were extended. but as sloops were fore-and-aft craft it is a little doubtful what is here meant. either it may refer to the barren yard below the square topsail carried by the sloops of those days--the clews actually were extended to this yard's arms--or the word may have been the equivalent of what we nowadays call cross-trees. chapter xvii smuggling by concealments second cousin to the method of filling oars and spars with spirits was that adopted by a number of people whose homes and lives were connected with the sea-shore. they would have a number of shrimping nets on board, the usual wooden handles being fitted at one end of these nets. but these handles had been purposely made hollow, so that round tin cases could be fitted in. the spirits then filled these long cavities, and whether they caught many shrimps or not was of little account, for dozens of men could wade ashore with these nets and handles on their backs and proceed to their homes without raising a particle of suspicion. it was well worth doing, for it was calculated that as much as - / gallons of spirit could be poured into each of these hollow poles. collier-brigs were very fond of smuggling, and among others mention might be made of the _venus_ of rye, an -ton brig which between january and september one year worked three highly profitable voyages, for besides her ordinary cargo she carried each time casks of spirits, these being placed underneath the coals. there was also the brig _severn_ of bristol, which could carry about five keels of coal, but seldom carried more than four, the rest of the space of course being made up with contraband. in she worked five voyages, and on each occasion she carried, besides her legitimate cargo, as much as eight tons of tobacco under her coals. and there was a danish-built sloop named the _blue-eyed lass_ belonging to shields, with a burthen of odd tons, also employed in the coal trade. she was a very suspicious vessel, and was bought subsequently by the people of rye to carry on similar work to the other smuggling craft. all sorts of warnings were sent to the customs board giving them information that _the rose in june_ (needless to say of rye) was about to have additional concealments added. she was of tons burthen, and had previously been employed as a packet boat. they were also warned that george harrington, a noted smuggler resident at eastbourne, intended during the winter months to carry on the contraband trade, and to land somewhere between southampton and weymouth. he had made arrangements with a large number of men belonging to poole and the neighbouring country, and had obtained a suitable french lugger. in the smacks _fox_ and _lovely lass_ of portsmouth were seized at that port with kegs of spirits secreted under their bottoms in a thin contemporary casing, as shown in the accompanying diagram. the ingenious part of this trick was that there was no means of communication into the concealment from the interior of the vessel. thus any officer coming aboard to search would have little or no reason to suspect her. but it was necessary every time this vessel returned from abroad with her contraband for her to be laid ashore, and at low water the kegs could be got at externally. to begin with there were pieces of plank two inches thick fastened to the timbers by large nails. then, between the planks and the vessel's bottom the tubs were concealed. the arrangement was exceeding simple yet wonderfully clever. practically this method consisted of filling up the hollow below the turn of the bilge. it would certainly not improve the vessel's speed, but it would give her an efficacious means of stowing her cargo of spirits out of the way. and it was because of such incidents as this last mentioned that orders were sent to all ports for the local craft and others to be examined frequently _ashore_ no less than afloat, in order that any false bottom might be detected. and the officers were to be careful and see that the name of the ship and her master painted on a ship corresponded with the names in her papers. even open boats were found fitted with double bottoms, as for instance the _mary_, belonging to dover. she was only feet long with feet - / inches beam, but she had both a double bottom and double sides, in which were contained thirty tin cases to hold gallons of spirits. her depth from gunwale to the top of her ceiling[ ] originally was feet - / inches. but the depth from the gunwale to the false bottom was feet - / inches. the concealment ran from the stem to the transom, the entrance being made by four cuttles very ingeniously and neatly fitted, with four nails fore and aft through the timbers to secure them from moving--one on each side of the keelson, about a foot forward of the keelson under the fore thwart. even thames barges were fitted with concealments; in fact there was not a species of craft from a barque to a dinghy that was not thus modified for smuggling. the name of the barge was the _alfred_ of london, and she was captured off birchington one december day in . she pretended that she was bound from arundel with a cargo of wood hoops, but when she was boarded she had evidently been across to "the other side"; for there was found tubs of gin and brandy aboard her when she was captured, together with her crew, by a boat sent from the cruiser _vigilant_. the discovery was made by finding an obstruction about three feet deep from the top of the coamings, which induced the revenue officer to clear away the bundles of hoops under the fore and main hatchways. he then discovered a concealment covered over with sand, and on cutting through a plank two inches thick the contraband was discovered. the accompanying diagram shows the sloop _lucy_ of fowey, william strugnell master. on the th of december she was seized at chichester after having come from portsmouth in ballast. she was found to be fitted with the concealment shown in the plan, and altogether there were half-ankers thus stowed away, being placed on each side of her false bottom. she was just over tons burthen, and drew four feet of water, being sloop rigged, as many of the barges in those days were without the little mizzen which is so familiar to our eyes to-day. [illustration: the sloop _lucy_ showing concealments.] cases of eggs sent from jersey were fitted with false sides in which silks were smuggled; trawlers engaged in sinking tubs of spirits; a dog-kennel was washed ashore from a vessel that foundered off dungeness, and on being examined this kennel was found to be fitted with a false top to hold lbs. of tobacco; an irish smack belonging to cork was specially fitted for the contraband trade, having previously actually been employed as a coastguard watch-boat. there was a vessel named _grace_ manned by three brothers--all notorious smugglers--belonging to coverack (cornwall). this vessel used to put to sea by appointment to meet a french vessel, and having from her shipped the contraband the _grace_ would presently run the goods ashore somewhere between land's end and newport, south wales; in fact, all kinds of smuggling still went on even after the first quarter of that wonderful nineteenth century. about the year five casks imported from jersey was alleged to contain cider, but on being examined they were found to contain something else as well. the accompanying sketch represents the plan of one of these. from this it will be seen that the central space was employed for holding the cider, but the ends were full of tobacco being contained in two tin cases. in this diagram no. represents the bung, no. shows the aperture on each side through which the tobacco was thrust into the tin cases which are marked by no. , the cider being contained in the central portion marked . thus the usual method of gauging a cask's contents was rendered useless, for unless a bent or turned rod were employed it was impossible to detect the presence of these side casks for the tobacco. [illustration: cask for smuggling cider.] one may feel a little incredulous at some of the extraordinary yarns which one hears occasionally from living people concerning the doings of smugglers. a good deal has doubtless arisen as the result of a too vivid imagination, but, as we have shown from innumerable instances, there is quite enough that is actual fact without having recourse to invention. i know of a certain port in our kingdom where there existed a legend to the effect that in olden days the smugglers had no need to bring the tubs in with them, but that if they only left them outside when the young flood was making, those tubs would find their own way in to one particular secluded spot in that harbour. a number of amateur enthusiasts debated the point quite recently, and a wager was made that such a thing was not possible. but on choosing a winter's day, and throwing a number of barrels into the water outside the entrance, it was found that the trend of the tide was always to bring them into that corner. but, you will instantly say, wouldn't the coastguard in the smuggling days have seen the barrels as they came along the top of the water? the answer is certainly in the affirmative. but the smugglers used to do in the "scientific" period as follows, and this i have found in a document dated , at which time the device was quite new, at least to the customs officials. let us suppose that the vessel had made a safe passage from france, holland, or wherever she had obtained the tubs of spirits. she had eluded the cruisers and arrived off the harbour entrance at night just as the flood tide was making. overboard go her tubs, and away she herself goes to get out of the sphere of suspicion. these tubs numbered say sixty-three, and were firmly lashed together in a shape very similar to a pile of shot--pyramid fashion. the tops of the tubs were all painted white, but the raft was green. below this pyramid of tubs were attached two grapnel anchors, and the whole contrivance could float in anything above seven feet of water. it was so designed that the whole of the tubs came in on the tide below water, only three being partially visible, and their white colour made them difficult to be seen among the little waves. but as soon as they came to the spot where there were only seven feet of water the two grapnels came into action and held the tubs moored like a ship. and as the tide rose, so it completely obliterated them. some one was of course on the look-out for his spirits, and when the tide had dropped it was easy enough to wade out and bring the tubs ashore, or else "sweep" them ashore with a long rope that dragged along the bottom of the harbour. during the year smuggling was again on the increase, especially on the south and east coasts, and it took time for the officers to learn all these new-fangled tricks which were so frequently employed. scarcely had the intricacies of one device been learnt than the smugglers had given up that idea and taken to something more ingenious still. some time back we called attention to the way in which the deal boatmen used to walk ashore with smuggled tea. about the year a popular method of smuggling tea, lace, and such convenient goods was to wear a waistcoat or stays which contained eighteen rows well stuffed with lbs. weight of tea. the same man would also wear a pair of drawers made of stout cotton secured with strong drawing strings and stuffed with about lbs. of tea. two men were captured with nine parcels of lace secreted about their bodies, a favourite place being to wind it round the shins. attempts were also made to smuggle spun or roll tobacco from new york by concealing them in barrels of pitch, rosin, bales of cotton, and so on. in the case of a ship named the _josephine_, from new york, the revenue officers found in one barrel of pitch an inner package containing about lbs. of manufactured tobacco. [illustration: the smack _tam o'shanter_ showing method of concealment (see text).] the accompanying plan of the smack _tam o'shanter_ (belonging to plymouth), which was seized by the padstow coastguard, will show how spirits were sometimes concealed. this was a vessel of tons with a fore bulkhead and a false bulkhead some distance aft of that. this intervening space, as will be seen, was filled up with barrels. her hold was filled with a cargo of coals, and then aft of this came the cabin with berths on either side, as shown. but under these berths were concealments for stowing quite a number of tubs, as already explained. a variation of the plan, previously mentioned, for smuggling by means of concealments in casks was that which was favoured by foreign ships which traded between the continent and the north-east coasts of england and scotland. in this case the casks which held the supplies of drinking water were fitted with false sides and false ends. the inner casks thus held the fresh water, but the outer casks were full of spirits. after the introduction of steam, one of the first if not the very first instance of steamship smuggling by concealment was that occurring in , when a vessel was found to have had her paddle-boxes so lined that they could carry quite a large quantity of tobacco and other goods. another of those instances of ships fitted up specially for smuggling was found in the french smack _auguste_, which is well worth considering. she was, when arrested, bound from gravelines, and could carry about fifty tubs of spirits or, instead, a large amount of silk and lace. under the ladder in the forepeak there was a potato locker extending from side to side, and under this, extending above a foot or more before it, was the concealment. further forward were some loose planks forming a hatch, under which was the coal-hole. this appeared to go as far as the bulkhead behind the ladder, and had the concealment been full, it could never have been found, but in walking over where the coals were, that part of the concealment which extended beyond the locker which was empty sounded hollow: whereupon the officers pulled up one of the planks and discovered the hiding-place. it was decided in that, in order to save the expense of breaking up a condemned smuggling vessel, in future the ballast, mast, pumps, bulkheads, platforms, and cabins should be taken out from the vessel: and that the hull should then be cut into pieces not exceeding six feet long. such pieces were then to be sawn in a fore-and-aft direction so as to cut across the beams and thwarts and render the hull utterly useless. the accompanying sketch well illustrates the ingenuity which was displayed at this time by the men who were bent on running goods. what is here represented is a flat-bottomed boat, which perhaps might never have been discovered had it not been driven ashore near to selsey bill during the gales of the early part of . the manner in which this craft was employed was to tow her for a short distance and then to cast her adrift. she was fitted with rowlocks for four oars, but apparently these had never been used. three large holes were bored in her bottom, for the purpose which we shall presently explain. [illustration: flat-bottomed boat found off selsey. the sketch shows longitudinal plan, the method of covering with net, and midship section.] built very roughly, with half-inch deal, and covered over with a thin coat of white paint, she had a grommet at both bow and stern. she measured only feet long and feet wide, with a depth of feet inches. it will be noticed that she had no thwarts. her timbers were of bent ash secured with common french nails, and alongside the gunwales were holes for lacing a net to go over the top of this boat. her side was made of three deal planks, the net being made of line, and of the same size as the line out of which the tub-slings were always made. the holes in her floor were made for the water to get in and keep her below the surface, and the net, spreading from gunwale to gunwale, prevented her cargo of tubs from being washed out. it was in order to have ample and unfettered room for the tubs that no thwarts were placed. she would be towed astern of a smack or lugger under the water, and having arrived at the appointed spot the towrope would be let go, and the grapnels attached to both grommets at bow and stern would cause her to bring up when in sufficiently shallow water. later on, at low tide, the smugglers' friends could go out in their boats with a weighted line or hawser and sweep along the bottom of the sea, and soon locate her and tow her right in to the beach. in order to prevent certain obvious excuses being made by dishonest persons, all british subjects were distinctly forbidden to pick up spirits found in these illegal half-ankers, only officers of the royal navy, the customs, and the excise being permitted so to do. but it was not always that the revenue cruisers were employed in catching smugglers. we have pointed out that their duties also included quarantine work. in the spring of it was represented to the treasury that there was much urgent distress prevailing in certain districts of the highlands and western islands of scotland owing to the failure of the last harvest. sir john hill was therefore directed to proceed to scotland and take such steps as might be necessary for the immediate supply of seed, corn, and potatoes, and the officers and commanders of the revenue cruisers were directed to afford him every assistance. [illustration: plan of the schooner _good intent_ showing method of smuggling casks.] in the previous chapter attention was called to the singular inappropriateness of calling a smuggling vessel the _good intent_. that was a smack belonging to the year , which was found at rye. but this name seems to have had a certain amount of popularity among these ingenious gentlemen, for there was a smuggling schooner named the _good intent_ which was seized in the year . how cleverly and effectively she was fitted up for a smuggling voyage can be ascertained by considering the accompanying longitudinal plan. she had a burthen of tons, and was captured by the revenue cruiser _sylvia_ in mount's bay on the th of march. the plan denotes her principal features, including her sail-room and general store right aft. immediately forward of this was the first concealment on the port side only. entrance was gained by means of a slide which was nailed up, and here many casks could easily be stored. next to this came the after bulkhead, but forward of this was also a false bulkhead, the distance between the real and the false being - / feet, and affording a space to contain kegs. under the cabin were coals, and around the coals under the cabin deck were placed some kegs. the fore bulkhead had also a false bulkhead feet inches apart, and this space held as many as kegs. under the deck of the forepeak were also kegs. the length of these kegs was inches, and they were nearly a foot in diameter. each cask contained - / gallons of french brandy. this vessel was found to have merely limestone ballast in her hold, but her illicit cargo was more valuable to her than if she had been fully laden with the commodity which she usually and legitimately traded in. later in the same year, and by the same cruiser _sylvia_, this time off land's end, the jersey schooner _spartan_, a vessel of - / tons, was seized, as she was found to be fitted up with similar concealments (see sketch). [illustration: the schooner _spartan_. . hollow beam. . opening for entering no. . . place of concealment.] one day about the middle of the last century a -ton grimsby fishing-smack named _lord rivers_ left her native port and journeyed south. her owner and master was in a dismal frame of mind, and complained to his mate that things were pretty bad, and he was becoming remarkably poor. the fishing was not prospering so far as he was concerned, and so after thinking the matter over he was proposing to take the ship over to boulogne and get a cargo of between thirty and forty gallons of spirits. his mate heard what he had to say and agreed to go with him. so to boulogne they proceeded, where they purchased the spirits from a dealer, who brought the spirits on board, not in casks but in skins and bladders, making about fifty in all. these were deposited in the smack's hold, and she then cleared out of harbour and went to the fishing-grounds, where, to make matters appear all right, she remained twenty-four hours, for the purpose of obtaining some oysters by dredging. whilst on the fishing-grounds the spirits were stowed in a neat concealment at the stern of the vessel on both sides abaft the hatchway. before long the smack got going and ran into dover with the oysters and her spirits, lowered her sails, and made everything snug. in due course the bladders of spirits were got out of the hold in small numbers, and placed in baskets and covered over with a sufficiently thick layer of oysters to prevent their presence being detected. these baskets were taken to a neighbouring tap-room, the landlord of which bought as much as he wanted, and a local poulterer bought the rest of the spirits and oysters as well. [illustration: deck plan and longitudinal plan of the _lord rivers_ (see text).] but the local coastguard had for a long time been suspicious of this vessel, and evidently this was not her first voyage in the smuggling trade. he had watched and followed the man who took the bladders ashore, and now came on board to see what he could find. the deck plan will clearly convey to the reader the way in which the smack was fitted up with concealments. the letters a and a indicate two portions of the deck planking, each portion being about a couple of feet long. these were movable, and fitted into their places with a piece of spun-yarn laid into the seams, and over this was laid some putty blackened on the top. at first sight they appeared to be part of the solid planking of the deck, but on obtaining a chisel they were easily removed. there was now revealed the entrance to a space on each side of the rudder-case in the false stern capable of containing thirty or forty gallons of spirits. this in itself was conclusive, but when the coastguard also found that the putty in the seams was soft and fresh, and that a strong smell of spirits emanated from this cavity, it was deemed that there was more than adequate reason for arresting the smack even though the hold was quite empty. thus the _lord rivers_ came to a bad end. footnotes: [ ] the ceiling of a ship signified the inside planks. chapter xviii by sea and land having now seen the evolution of the smuggling methods from brute force and superiority of ships and crews to the point where the landing of dutiable goods became a fine art, and having been able to obtain an idea of the manifold changes which occurred in the administration of the preventive service between the years and , we may now resume our narrative of the interesting encounters which occurred between the smugglers on the one hand and the preventive force on the other. up to the year we have dealt with the different incidents which used to go on around our coast, and we shall now be in a position to appreciate to their full the notable exploits of cruisers and smugglers in that late period between the years and . this covers the epoch when improved architecture in regard to the craft employed, greater vigilance on the part of the cruisers, and a keener artfulness in the smugglers themselves were at work. consequently some of these contests represent the best incidents in the whole history of smuggling. but it was not always that the revenue cruisers and preventive boats were in the right. there were occasions when the commanders suffered from too much zeal, though certainly these were quite exceptional. there is the case of the _drencher_ which well illustrates this. she was a dutch vessel which had been on her voyage to italy, and was now returning home up the english channel with a cargo of oil, bound for amsterdam. being somewhat square and ample of form, with the characteristic bluff bows much beloved by her countrymen, and being also very foul on her bottom through long voyaging, she was only a dull sailer.[ ] and such being the case, when she fell in with head winds her skipper and part-owner, peter crook, decided to let go anchor under dungeness, where many a sailing craft then, as to-day, has taken shelter in similar circumstances. whilst she was at anchor waiting for a favourable slant, one of the numerous fishing-boats which are always to be seen hereabouts came alongside the _drencher_[ ] and asked the skipper if he required any assistance. crook replied that if the wind was still ahead, and he was compelled to remain there till the next day, he would want some fuel for his stove. the fisherman sold some of his catch to the dutchman, and then went on his way. but soon after this a boat in the preventive service, commanded by a mr. mactavish, a midshipman, came alongside and boarded the _drencher_. the midshipman inquired what the dutchman had had to do with the fishing-boat, and crook answered that he had done nothing except to purchase some fish. but this did not satisfy mr. mactavish, who proceeded now to examine what was on board. of course he found some casks of spirits, and asked crook how they came to be there, to which crook answered that they had been found floating in a former voyage and he had picked them up. this looked doubtful, but it was quite probable, for often the weights of stones from sunken tubs broke adrift and the tubs floated up to the surface. especially was this the case after bad weather. we can well understand the midshipman's suspicions, and need not be surprised to learn that he felt justified in seizing the ship because of these tubs found on board. he had the anchor broken out, the sails hoisted, and took her first into dover, and afterwards from dover to ramsgate, where most of her cargo was unloaded. but after a time she was ordered to be released and allowed to proceed to holland, and later still her skipper brought an action against mactavish for having been wrongfully detained for thirty days, for which demurrage he claimed four guineas a day, besides damage to her cable and other things, amounting in all to £ . the reader will recollect that in another chapter we saw a couple of sailing craft dodging about suspiciously in west bay, one of which began to fire signals to the other in order to warn her of the preventive boat: and we saw that the crew of three men in the offending craft were arrested and found guilty. one of these men, it will be remembered, was john bartlett, who had at one time been a boy on a revenue cutter. from the incident which led to his arrest in let us pass to the th of september . the scene is again west bay, and the old passion is still strong in bartlett notwithstanding his sentence. a little to the west of bridport (dorset) is seatown, and just beyond that comes golden cape. on the night of the above date one of the seatown revenue officers about a.m. noticed flashes coming from the cliff between seatown and golden cape. he proceeded to the cliff, which at high-water runs straight up out of the sea. it was a dark night with no moon, a little breeze, and only slight surf on the shore--ideal conditions for any craft bent on smuggling. on the cliff the officer, named joseph davey, espied a man. he hailed him, thinking it was some one else, and asked him if he were joey foss. "yes," came back the answer, but when the officer seized him he discovered it was not foss but the notorious john bartlett. up came another revenue man named thomas nines to assist davey, but in a few minutes bartlett gave a loud whistle, whereupon nines looked out seaward and exclaimed, "there's a boat." "i sees him," answered davey as the craft was approaching the shore. by this time, also, there were ten or twelve men coming towards the officers, and bartlett managed to run down to the shore, shouting "keep off!" "keep off!" as loudly as he could. the officers ran too, but the boat turned round and put off to sea again. in the course of a few minutes there rose up a large fire on the cliff, about a hundred yards from where the officers were. it was another signal of warning to the boat. for bartlett, having got away from the officers, had doubtless lit this, since it flared up near to where he was seen to run. the officers remained on the coast until daylight, and then launching their boat rowed a little way from the shore, and found a new buoy moored just by the spot where the lugger had been observed to turn round when hailed and warned. it was clear, on examination, that the buoy had not been in the water many hours, and after "creeping" along the sea bottom hereabouts they brought up sixty kegs, which were also quite new, and had evidently only been sunk when bartlett sung out his warning. the latter was again arrested, and found guilty when subsequently tried. so again bartlett had to retire from smuggling. it happened only a few weeks before this incident that a seaman named willis was on shore with his officer. willis belonged to h.m.s. _severn_, which was moored off dover for the prevention of smuggling. the officer was a naval midshipman named hope, stationed ashore. whilst on their duty they began to notice a man, whose name was william clarke, near chalk fall, carrying a basket of nets and fishing lines. for a time both willis and hope took shelter under the chalk cliff as it was raining, but presently willis separated from his officer to go to his appointed station. it occurred to him that clarke appeared to be unnecessarily stout, and he was sure that he was trying to smuggle something. willis went up to him and said he intended to search him, to which clarke replied, "certainly." he admitted he had some liquor there, but he hoped willis would take no notice of it. the seaman insisted that he must take notice, for if it turned out to be foreign spirits he must seize it: whereupon clarke flung down a couple of half-crowns and asked him to say nothing about it. willis again protested that he must see what the man had beneath his gabardine. but at this clarke took a knife from his pocket and cut a large bladder which he had under his clothes, containing half a gallon of spirits, and a spirituous liquor poured out on to the ground. willis put his finger to it and found that it was foreign brandy. but the amusing legal aspect of this incident was that this foreign liquor could not be seized, nor could the man be prosecuted for having it, and it could not be condemned. but clarke had indeed destroyed that which he had so early brought safely home. this was just one instance of the good work which the coast blockade was performing, willis and other seamen being landed every night from h.m.s. _severn_ to act as guard at different points along the coast. in the annals of smugglers and cruisers there are few more notable incidents than that which occurred on the th of january , in the english channel. on this day the revenue cutter _badger_ was cruising off the french coast under the command of lieutenant henry nazer, r.n. he was an officer of the excise, but the cutter at that time was in the service of the customs, her station being from the south foreland to dungeness. about . a.m. the officer of the watch came below and told him something, whereupon nazar hurried on deck and observed a suspicious sail on the starboard tack, the wind being e.s.e. the _badger_ was at that time about nine or ten miles off the french coast, somewhere abreast of etaples, and about six or seven leagues from the english shore. the craft which was seen was, to use the lieutenant's own language, "a cutter yawl-rigged," which i understand to signify a cutter with a small lug-sail mizzen, as was often found on smugglers. at any rate, he had every reason to believe that this was a smuggling craft, and he immediately made sail after her. at that hour it was just daybreak, and the smuggler was about three or four miles off--to the eastward--and to windward, but was evidently running with sheets eased off in a westerly direction. but when the smuggler saw the _badger_ was giving chase he also altered his course. it was a fine, clear, frosty morning, and the _badger_ quickly sent up his gaff topsail and began to overhaul the other, so that by nine o'clock the two vessels were only a mile apart. the _badger_ now hoisted his revenue pendant at the masthead, consisting of a red field with a regal crown at the upper part next the mast, and he also hoisted the revenue ensign (that is to say "a red jack with a union jack in a canton at the upper corner and a regal crown in the centre of the red jack") at his peak. these signals instantly denoted that the ship was a revenue cruiser. lieutenant nazar also ordered an unshotted gun to be fired as a further signal that the smuggler was to heave-to, but the stranger paid no attention and hoisted no colours. ten minutes later, as it was perceived that his signals were disregarded, the _badger's_ commander ordered a shot to be fired at her, and this was immediately returned by the smuggler with one of her stern guns. from this time a running fire was kept up for nearly three hours, but shortly before midday, whilst the cutter was still chasing her and holding on the same course as the other, the _badger_ came on at such a pace that she ran aboard the smuggler's starboard quarter whilst both ships were still blazing away at each other. the smuggler's crew then cried out for quarter in english. this was granted by the _badger's_ commander, who had a boat lowered, but whilst in the act of so doing the treacherous smuggling craft recommenced firing. it was a cowardly thing to do, for reymas, their own captain, had particularly asked the _badger's_ commander to forgive them and overlook what they had done, whilst other members of the crew cried out to the same effect. this had caused a cessation of fire for about five minutes, and was only reopened by the smugglers' treachery. one of the _badger's_ mariners named william cullum, was in consequence shot dead by a musket aimed at him by one of the smugglers. cullum was standing by the windlass at the time, and died instantly. [illustration: "the cruiser's guns had shot away the mizzen-mast."] the _badger_, therefore, again began to fire into the other ship, but in about another five minutes the smuggler again called for quarter, and this was again granted. the cruiser sent her boat aboard her, and brought off the smuggler's crew, amounting to twenty-three men, though two others had been killed in the affray. the _badger's_ chief mate, on boarding the smuggler, sent away the latter's crew in their own boat, and seven of these men were found to be wounded, of whom one died the following morning. the name of the vessel was seen to be the _vree gebroeders_. she was of tons burthen, and had the previous day started out from flushing with a cargo of gallons of brandy, gallons of geneva--these all being in the - / gallon half-ankers. but there was also a good deal of other cargo, consisting of bales of tobacco which contained , lbs., thirteen boxes of tea, and six bags of sugar. all these goods were made up in illegal-sized packages and she had nothing on board except what was contraband. the chests of tea were found all ready slung for landing with small ropes. the _vree gebroeders_ was provisioned for three months, and was armed with four carronades, -pounders, and two swivel muskets, bayonets, and other arms of different kinds. her destination had been for ireland. when the chief mate of the _badger_ boarded her he found that the cruiser's guns had shot away the mizzen-mast, but the smuggler's skipper remarked to the chief mate that the spare topmast on deck would serve for a mizzen and that the square-sail boom would make an outrigger, and that the trysail would be found below, but so far, he said, this sail had never been bent. later on the chief mate found also the deck-log of the _vree gebroeders_, which had been kept on two slates, and it was a noticeable fact that these were kept in english. they read thus:-- +-------------------------------+ | n.w. by n. | | remarks, monday th. | | n.w. by w. at . ostend | | light bore s.e. distant | | miles. | | at a.m. calais light | | bore e. by s. | +-------------------------------+ so when the _badger_ first sighted this craft the latter had made her last entry in the log, only three and a half hours before. it was significant that english charts were also found among the ship's papers, though her manifest, her certificate, her bill of lading, and other certificates were all in dutch. the books found included hamilton moore's _navigation_, another similar work by norie, the _british channel pilot_, and _navigation of the north seas_. there was also found a dutch ensign and a dutch jack on board, but there was even an english prayer-book. the prisoners remained on board the _badger_ until next day, when they were transferred to h.m.s. _severn_. the _vree gebroeders_ was taken into dover, and was valued, together with her cargo, at the handsome sum of £ , , which would have been a fine amount of prize money; but in spite of the clear evidence at the trial, the jury were so prejudiced in favour of the smugglers that they found the prisoners not guilty, their contention being that the ship and cargo were wholly foreign, and that more than half of the crew were foreigners. it had been an unfortunate affair. besides the death of cullum and the two smugglers killed and the seven smugglers wounded, lieutenant nazer, james harper, william poppedwell, daniel hannibel, and james giles were all wounded on the _badger_, nazer being wounded on the left shoulder by a musket ball. the smuggler's crew had made ludicrous efforts to pretend they were dutch. dutch names were assumed, but witnesses at the trial were able to assign to them their proper appellations, and it was significant that the crew spoke english without a foreign accent. her commander insisted his name was reymas, but his real name was joseph wills, and he had been foremost in the calling for quarter. another of the crew, who pretended his name was jan schmidt, was found to be an englishman named john smith. the vessel herself had been built by a kentishman, living at flushing, the previous year. and here is another of those occasions when there was displayed an excess of zeal, though under the circumstances who would blame the preventive officer for what he did? in february of , a man named field and his crew of three came out from rye--that hotbed of smugglers--and intended to proceed to the well-known trawling ground about fifteen miles to the s.w. of rye, abreast of fairlight, but about five or six miles out from that shore. unfortunately it fell very calm, so that it took them some time to reach the trawling ground, and even when with the assistance of the tide they did arrive there, the wind was so scant that it was useless to shoot the trawl in the water. naturally, therefore, it was a long time before they had obtained their cargo of flat fish, and when a little breeze sprang up they had to get back to rye, as their provisions had run short. on their way back, when they were only about four or five miles from their harbour, they fell in with a small open sailing-boat named the _rose_, containing four or five men. field's bigger craft was hailed by the _rose_ and asked to be taken in tow, as they also had run short of provisions, and were anxious to get back to harbour at once. field's boat took one of their crew on board, whilst the rest remained in the _rose_ and were towed astern. it was now about four or five in the morning, and they had not proceeded more than another couple of miles before they were hailed again, but this time by a boat under the command of a preventive officer named lipscomb, who had been sent by lieutenant gammon, r.n., from the revenue cruiser _cameleon_. the cutter's boat bumped alongside field's craft, which was called the _diamond_. after making fast, lipscomb and his boat's crew jumped aboard, and announced that they suspected the _diamond_ was fitted with concealments, and he wished to examine her. but after rummaging the ship nothing suspicious was found. lipscomb then explained that he had been ordered by lieutenant gammon to take the _diamond_ and to bring her alongside the _cameleon_ and then to order field and his crew to go aboard the cruiser as prisoners. this, of course, did not lead to harmony on board. lipscomb attempted to seize hold of the tiller, so as to steer the vessel back to hastings roads, where the cruiser was lying. but field turned to him and said-- "i don't know about your having the helm. you don't know where the cutter is any more than i do." with that, field pushed the man aside, grasped hold of the tiller, and shoved it hard up, and bearing away, ran the vessel out seawards. but after keeping on this course for twenty minutes they fell in with the _cameleon_, and the two vessels came near to each other. the cruiser's commander shouted to lipscomb, and ordered him to get into the cruiser's galley, which had been towing astern of the _diamond_ all this time, and to row to the cruiser. this was done, and then lipscomb received his orders. he was to return to the trawler and seize the hands and bring them to the _cameleon_. so the galley returned again and brought the _diamond's_ crew as ordered. it was now a.m., and they were kept as prisoners on the cutter till a.m. the following day. lipscomb and his boat's crew of four now took charge of the _diamond_, and began to trim sheets, and before long the two craft got separated. when field proceeded on board the _cameleon_ he took with him his ship's papers at the lieutenant's orders. he then ventured to ask how it was that his smack had been detained, to which gammon replied that he had received information from the collector of customs at rye. field, however, was incredulous. "i rather doubt your word," he said, whereupon the officer took out of his pocket a letter, doubled the page down one or two lines, and showed the doubting skipper that it was as the lieutenant had stated. gammon then went below and took field's papers with him, and there they remained till the following morning. the _cameleon_ went jogging along, and having arrived abreast of hastings, gammon sent one of his crew ashore in the cutter's boat, and later on fetched him back. the object, no doubt, was to send the _diamond's_ papers ashore to be examined as to their veracity, though nothing was said to field on the subject. it is clear that the reply from the authorities came back that the papers were found in order, and that field was not known as a smuggler; for after the man who had been sent ashore returned, the _cameleon_ made sail, and stood out to sea for a distance of eighteen miles. she had lost sight of the _diamond_ and her prize crew, and it was not till about breakfast time the following day that the cruiser found the smack again. when at length the two craft did come together, lipscomb was called on board the cruiser and summoned below to gammon. what exactly the conversation was never came out, but from subsequent events it is fairly clear that gammon asked what opinion lipscomb had been able to form of the _diamond_, and that the latter had to admit she was a genuine trawler; for soon after, the lieutenant sent the steward for field and one of his men to go below. the two men did as they were ordered. "good morning," said the cruiser's commander as they came into the cabin, "here are your papers, field." field hesitated for a moment; then answered-- "i don't know, sir, as to taking them. i'm not altogether satisfied about being detained so long. and had i been aboard the smack, and you had refused to let me have the tiller," he continued, getting angrier every moment, "i would have shot you as sure as you had been a man." "you may do as you please," came the commander's cool reply, "about taking them, but if you do not choose to take them, i shall take you away to portsmouth and give you up to the port admiral, and let him do with you as he thinks proper." thinking therefore that it were better to be discreet and hold his tongue, field took the papers, went up again on deck, collected his men, went back to his smack, and the incident ended--for the present. but the revenue men had clearly made an error this time, and had acted _ultra vires_. about a year later field, as a master and part-owner of the _diamond_, brought an action against gammon for assault and detention, and was awarded a verdict and £ damages. it is curious to find what sympathy the smugglers sometimes received in a section of society where one would hardly have expected this to exist. there are at least three instances of men of position and wealth showing their feelings undisguisedly in favour of these lawless men. there was a lieut.-colonel chichester, who was called upon for explanations as to his conduct in this respect; there was the case also of the naval officer commanding h.m. sloop _pylades_ being convicted and dismissed the service for protecting smugglers, and, most interesting of all, was the incident which centred round sir william courtenay. the facts of this case may be summarised as follows. on sunday afternoon, the th of february , the revenue cutter _lively_ was cruising at the back of the goodwins, when about three o'clock she descried a vessel about five or six miles off which somehow aroused suspicions. the name of the latter was eventually found to be the _admiral hood_. at this time the sloop was about midway between england and france, her commander being lieutenant james sharnbler, r.n. the _admiral hood_ was a small dandy-rigged fore-and-after, that is to say, she was a cutter with a small mizzen on which she would set a lugsail. the _lively_ gave chase, and gradually began to gain on the other. when the _admiral hood_ was within about a mile of the _lively_, the former hauled across the latter, and when she had got on the _lively's_ weather-bow the revenue craft immediately tacked, whereupon the _admiral hood_ put about again and headed for the french coast. after vainly attempting to cause her to heave-to by the usual revenue signals, the _lively_ was compelled to fire on her, and one shot was so well placed that it went clean through the dandy's sail, and thinking that this was quite near enough the _admiral hood_ hove-to. but just prior to this, lieutenant sharnbler had ordered an officer and two men to take spyglasses and watch her. at this time they were about fifteen or sixteen miles away from the north foreland. one of the men looking through his glass observed that the _admiral hood_ was heaving tubs overboard, and it was then that the first musket was fired for her to heave-to, but as the tubs were still thrown overboard for the next three-quarters of an hour, the long gun and the muskets were directed towards her. the two vessels had sailed on parallel lines for a good hour's chase before the firing began, and the chase went on till about a quarter to five, the tide at this time ebbing to the westward and a fine strong sailing breeze. there was no doubt at all now that she was a smuggler, for one of the _lively's_ crew distinctly saw a man standing in the _admiral hood's_ hatchway taking tubs and depositing them on deck, whilst some one else was taking them from the deck and heaving them overboard, the tubs being painted a dark green so as to resemble the colour of the waves. as the _lively_ came ramping on, she found numbers of these tubs in the wake of the _admiral hood_, and lowered a boat to pick them up, and about twenty-two were found a hundred yards from the smuggler, and the _lively_ also threw out a mark-buoy to locate two other tubs which they passed. and, inasmuch as there was no other vessel within six miles distance, the _admiral hood_ beyond a shadow of doubt was carrying contraband. [illustration: "the _admiral hood_ was heaving tubs overboard."] after the vessel was at length hove-to, she was seized and ultimately taken into rochester, and information was duly laid against the persons who had been engaged in this smuggling adventure. but it is here that sir william courtenay comes into the story. this gentleman, who had his seat at powderham castle, devon, came forward and swore positively that the tubs, which the _lively_ was supposed to have picked up, had been seen floating off the coast. he himself was staying on a visit to canterbury, and on that sunday afternoon happened to be sailing about off the kentish coast, and sighted the _lively_ about two o'clock. he kept her in sight, he said, until four o'clock. he also saw the _admiral hood_, and witnessed her being chased by the _lively_, but he had seen the tubs for most of the day, as they had come up with the tide from the westward. with his own eyes, and not through a spy-glass, he witnessed the _admiral hood_ being captured by the cruiser, and followed up this evidence by remarking that "the tubs i saw picked up did not come out of the _lord hood_. i say so sterling and plump." this was exactly the reverse of the testimony as given by the crew of the _lively_, so it was evident that some one was lying. but to make a long story short, it was afterwards found that sir william was not only _not_ afloat that afternoon, did not see the tubs, did not see the two crafts, but was miles away from the scene, and at the time of the chase was in church. he was accordingly brought for trial, found guilty, and sentenced to be imprisoned for three calendar months, and after the expiration of this, he was to be "transported to such a place beyond the seas as his majesty may direct, for the term of seven years." he was convicted on unmistakable testimony of having committed perjury; in fact, mr. justice parke, in giving judgment at the time, remarked that it was the clearest evidence in a perjury case that had ever fallen to his lot to try. as to the motive, it was thought that it was done solely with a desire to obtain a certain amount of popularity among the smugglers. sir william saw that the case would go against the latter unless some one could give evidence for their side. therefore, abusing his own position and standing, he came forward and perjured himself. it is a curious case, but in the history of crime there is more than one instance of personal pride and vanity being at the root of wrong-doing. footnotes: [ ] how slow she was may be guessed by the fact that she took seven hours to go from dover to the downs even under the expert handling of mactavish's crew. [ ] she was officially described as a dogger. chapter xix action and counter-action it is conscience that makes cowards of us all, and this may be said of smugglers no less than of law-abiding citizens. a trial was going on in connection with a certain incident which had occurred in cawsand bay, plymouth sound. it was alleged that, on the night of november , , a man named phillips had been shot in the knee whilst in a boat, trying with the aid of some other men to get up an anchor. the chief officer of the preventive service at cawsand was accused by phillips of having thus injured him, and the case in the course of time was brought into court. among the witnesses was one whom counsel believed to be not wholly unconnected with smuggling. whether or not this was true we need not worry ourselves, but the following questions and answers are well worth recording. cawsand was a notorious smuggling locality, and its secluded bay, with plenty of deep water almost up to the beach, made it highly suitable for sinking tubs well below the surface of the water. and then there must have been very few people ashore who had never been concerned in this contraband trade. in such villages as this you might usually rely on the local innkeeper knowing as much as anyone in the neighbourhood on the subject of smuggling. such a man, then, from cawsand, illiterate, but wideawake, went into the witness-box for counsel to cross-examine, and the following dialogue carries its own conviction:-- _question._ "you are an innkeeper and sailor, if i understand you rightly?" _answer._ "yes!" _q._ "is that all?" _a._ "mariner and innkeeper." _q._ "is that all the trades you follow?" _a._ "fishing sometimes." _q._ "what do you fish for?" _a._ "different sorts of fish." _q._ "did you ever fish for half-ankers?" _a._ "half-ankers?" _q._ "casks of spirits--is that part of your fishing-tackle?" _a._ "no, i was never convicted of no such thing." _q._ "i am not asking you that. you know what i mean. i ask whether it is part of your profession." _a._ "no, it was not." _q._ "you never do such things?" _a._ "what should i do it for?" _q._ "i cannot tell you. i ask you whether you do it, not what you do it for." _a._ "i may choose to resolve whether i tell you or not." _q._ "i will not press you if your conscience is tender. you will not tell me whether you do a little stroke in the fair trade upon the coast? you will not answer me that question?" _a._ "i am telling the truth." _q._ "will you answer that question?" _a._ "no." _q._ "are you or are you not frequently in practice as a smuggler?" _a._ "no!" and that was all that could be got out of a man who probably could have told some of the best smuggling yarns in cornwall. the inhabitants so thoroughly loathed the preventive men that, to quote the words of the man who was chief officer there at the time we are speaking of, "the hatred of the cawsand smugglers is ... so great that they scarcely ever omit an opportunity of showing it either by insult or otherwise." there was a kind of renaissance of smuggling about the third decade of the nineteenth century, and this was brought on partly owing to the fact that the vigilance along our coasts was not quite so smart as it might have been. but there were plenty of men doing their duty to the service, as may be seen from the account of matthew morrissey, a boatman in the coastguard service at littlehampton. about eleven o'clock on the evening of april , , he saw a vessel named the _nelson_, which had come into harbour that day. on boarding her, together with another boatman, he found a crew of two men and a boy. the skipper told him they were from bognor in ballast. morrissey went below, got a light, and searched all over the after-cabin, the hold, and even overhauled the ballast, but found nothing. he then got into the coastguard boat, took his boat-hook, and after feeling along the vessel's bottom, discovered that it was not as it ought to have been. "i'm not satisfied," remarked the coastguard to her skipper, henry roberts, "i shall haul you ashore." one of the crew replied that he was "very welcome," and the coastguard then sent his companion ashore to fetch the chief boatman. the coastguard himself then again went aboard the _nelson_, whereupon the crew became a little restless and went forward. presently they announced that they would go ashore, so they went forward again, got hold of the warp, and were going to haul on shore by it when the coastguard observed, "now, recollect i am an officer in his majesty's revenue duty, and the vessel is safely moored and in my charge; and if you obstruct me in my duty you will abide by the consequences." he took the warp out of their hands, and continued to walk up and down one side of the deck while the crew walked the other. this went on for about twenty minutes, when henry roberts came up just as the coastguard was turning round, and getting a firm grip, pushed him savagely aft and over the vessel's quarter into the water. heavily laden though the coastguard was with a heavy monkey-jacket, petticoat canvas trousers over his others, and with his arms as well, he had great difficulty in swimming, but at last managed to get to the shore. the chief boatman and the other man were now arriving, and it was found that the _nelson's_ crew had vanished. the vessel was eventually examined, and found to have a false bottom containing thirty-two tubs of liquor and twenty-eight flagons of foreign brandy. roberts was later on arrested, found guilty, and transported for seven years. [illustration: "getting a firm grip, pushed him ... into the water."] a few pages back we witnessed an incident off hastings. on the th of january , a much more serious encounter took place. lieutenant baker, r.n., was cruising at that time in the revenue cutter _ranger_ off the sussex coast, when between nine and ten in the evening he saw a suspicious fire on the castle hill at hastings. believing that it was a smuggler's signal, he despatched his four-oared galley, with directions to row between eccles barn and the martello tower, no. . at the same time the _ranger_ continued to cruise off the land so as to be in communication with the galley. about a.m. a report was heard from the hastings direction, and a significant blue light was seen burning. baker therefore took his cutter nearer in-shore towards the spot where this light had been seen. he immediately fell in with his galley, which had shown the blue light, and in her he found about two hundred casks of different sizes containing foreign spirits, and also five men who had been detained by the galley. the men of course were taken on board the cruiser, and as the morning advanced, the _ranger_ again stood into the shore so that the lieutenant might land the spirits at the custom house. then getting into his galley with part of his crew, the tubs were towed astern in the cutter's smaller boat. but on reaching the beach, he found no fewer than four hundred persons assembled with the apparent intention of preventing the removal of the spirits to the custom house, and especially notorious among this gang were two men, named respectively john pankhurst and henry stevens. the galley was greeted with a shower of stones, and some of the revenue men therein were struck, and had to keep quite close to the water's edge. stevens and pankhurst came and deposited themselves on the boat's gunwale, and resisted the removal of the tubs. two carts now came down to the beach, but the mob refused to allow them to be loaded, and stones were flying in various directions, one man being badly hurt. lieutenant baker also received a violent blow from a large stone thrown by pankhurst. but gradually the carts were loaded in spite of the opposition, and just as the last vehicle had been filled, pankhurst loosened the bridle-back of the cart which was at the back of the vehicle to secure the spirits, and had not the revenue officers and men been very smart in surrounding the cart and protecting the goods, there would have been a rescue of the casks. ultimately, the carts proceeded towards the custom house pursued by the raging mob, and even after the goods had been all got in there was a good deal of pelting with stones and considerable damage done. yet again, when these prisoners, pankhurst and stevens, were brought up for trial, the jury failed to do their duty and convict. but the lord chief justice of that time remarked that he would not allow stevens and pankhurst to be discharged until they had entered into their recognisances to keep the peace in £ each. but next to the abominable cruelties perpetrated by the hawkhurst gang related in an earlier chapter, i have found no incident so utterly brutal and savage as the following. i have to ask the reader to turn his imagination away from sussex, and centre it on a very beautiful spot in dorsetshire, where the cliffs and sea are separated by only a narrow beach. on the evening of the th of june , thomas barrett, one of the boatmen belonging to the west lulworth coastguard, was on duty and proceeding along the top of the cliff towards durdle, when he saw a boat moving about from the eastward. it was now nearly p.m. he ran along the cliff, and then down to the beach, where he saw that this boat had just landed and was now shoving off again. but four men were standing by the water, at the very spot whence the boat had immediately before pushed off. one of these men was james davis, who had on a long frock and a covered hat painted black. barrett asked this little knot of men what their business was, and why they were there at that time of night, to which davis replied that they had "come from weymouth, pleasuring!" barrett observed that to come from weymouth (which was several miles to the westward) by the east was a "rum" way. davis then denied that they had come from the eastward at all, but this was soon stopped by barrett remarking that if they had any nonsense they would get the worst of it. after this the four men went up the cliff, having loudly abused him before proceeding. on examining the spot where the boat had touched, the coastguard found twenty-nine tubs full of brandy lying on the beach close to the water's edge, tied together in pairs, as was the custom for landing. he therefore deemed it advisable to burn a blue light, and fired several shots into the air for assistance. three boatmen belonging to the station saw and heard, and they came out to his aid. but by this time the country-side was also on the alert, and the signals had brought an angry crowd of fifty men, who sympathised with the smugglers. these appeared on the top of the cliff, so the four coastguards ran from the tubs (on the beach) to the cliff to prevent this mob from coming down and rescuing the tubs. but as the four men advanced to the top of the cliff, they hailed the mob and asked who they were, announcing that they had seized the tubs. the crowd made answer that the coastguards should not have the tubs, and proceeded to fire at the quartette and to hurl down stones. a distance of only about twenty yards separated the two forces, and the chief boatman ordered his three men to fire up at them, and for three-quarters of an hour this affray continued. it was just then that the coastguards heard cries coming from the top of the cliff--cries as of some one in great pain. but soon after the mob left the cliff and went away; so the coastguards went down to the beach again to secure and make safe the tubs, where they found that lieutenant stocker was arriving at the beach in a boat from a neighbouring station. he ordered barrett to put the tubs in the boat and then to lay a little distance from the shore. but after barrett had done this and was about thirty yards away, the lieutenant ordered him to come ashore again, because the men on the beach were bringing down lieutenant knight, who was groaning and in great pain. what had happened to the latter must now be told. after the signals mentioned had been observed, a man named duke and lieutenant knight, r.n., had also proceeded along the top of the cliff. it was a beautiful starlight night, with scarcely any wind, perfectly still and no moon visible. there was just the sea and the night and the cliffs. but before they had gone far they encountered that mob we have just spoken of at the top of the cliff. whilst the four coastguards were exchanging fire from below, lieutenant knight and duke came upon the crowd from their rear. two men against fifty armed with great sticks feet long could not do much. as the mob turned towards them, lieutenant knight promised them that if they should make use of those murderous-looking sticks they should have the contents of his pistol. but the mob, without waiting, dealt the first blows, so duke and his officer defended themselves with their cutlasses. at first there were only a dozen men against them, and these the two managed to beat off. but other men then came up and formed a circle round knight and duke, so the two stood back to back and faced the savage mob. the latter made fierce blows at the men, which were warded off by the cutlasses in the men's left hands, two pistols being in the right hand of each. the naval men fired these, but it was of little good, though they fought like true british sailors. those -foot sticks could reach well out, and both knight and duke were felled to the ground. then, like human panthers let loose on their prey, this brutal, lawless mob with uncontrolled cruelty let loose the strings of their pent-up passion. they kept these men on the ground and dealt with them shamefully. duke was being dragged along by his belt, and the crowd beat him sorely as he heard his lieutenant exclaim, "oh, you brutes!" the next thing which duke heard the fierce mob to say was, "let's kill the ---- and have him over the cliff." now the cliff at that spot is feet high. four men then were preparing to carry out this command--two were at his legs and two at his hands--when duke indignantly declared, "if jem was here, he wouldn't let you do it." it reads almost like fiction to have this dramatic halt in the murder scene. for just as duke was about to be hurled headlong over the side, a man came forward and pressed the blackguards back on hearing these words. for a time it was all that the new-comer could do to restrain the brutes from hitting the poor fellow, while the men who still had hold of his limbs swore that they would have duke over the cliff. but after being dealt a severe blow on the forehead, they put him down on to the ground and left him bleeding. one of the gang, seeing this, observed complacently, "he bleeds well, but breathes short. it will soon be over with him." and with that they left him. [illustration: "let's ... have him over the cliff."] the man who had come forward so miraculously and so dramatically to save duke's life was james cowland, and the reason he had so acted was out of gratitude to duke, who had taken his part in a certain incident twelve months ago. and this is the sole redeeming feature in a glut of brutality. it must have required no small amount of pluck and energy for cowland to have done even so much amid the wild fanaticism which was raging, and smuggler and ruffian though he was, it is only fair to emphasize and praise his action for risking his own life to save that of a man by whom he had already benefited. but cowland did nothing more for his friend than that, and after the crowd had indulged themselves on the two men they went off to their homes. duke then, suffering and bleeding, weak and stunned, crawled to the place where he had been first attacked--a little higher up the cliff--and there he saw knight's petticoat trousers, but there was no sign of his officer himself. after that he gradually made his way down to the beach, and at the foot of the cliff he came upon knight lying on his back immediately below where the struggle with the smugglers had taken place. duke sat down by his side, and the officer, opening his eyes, recognised his man and asked, "is that you?" but that was all he said. duke then went to tell the coastguards and lieutenant stocker on the beach, who fetched the dying man, put him into lipscomb's boat, and promptly rowed him to his home at lulworth, where he died the next day. it is difficult to write calmly of such an occurrence as this: it is impossible that in such circumstances one can extend the slightest sympathy with a race of men who probably had a hard struggle for existence, especially when the fishing or the harvests were bad. the most one can do is to attribute such unreasoning and unwarranted cruelty to the ignorance and the coarseness which had been bred in undisciplined lives. out of that seething, vicious mob there was only one man who had a scrap of humanity, and even he could not prevent his fellows from one of the worst crimes in the long roll of smugglers' delinquencies. the days of smugglers were, of course, coincident with the period of the stage-coach. in the year there was a man named thomas allen, who was master and part-owner of a coasting vessel named the _good intent_, which used to trade between dover and london. in february of that year thomas becker, who happened to be the guard of the night coaches running between dover and london, came with a man named tomsett to allen, and suggested that the latter should join them in a smuggling transaction, telling him that they knew how to put a good deal of money into his pocket. at first allen hesitated and declined, but the proposal was again renewed a few days later, when allen again declined, as it was too risky a business. but at length, as "trade was very bad," both he and a man named sutton, one of his crew, agreed to come into the scheme. what happened was as follows:-- the _good intent_ left dover on february , went as far as the downs about two miles from the coast, and under cover of darkness took on board from a french vessel, which was there waiting by appointment, about forty bales of silk. in order to be ready to deal with these, the _good intent_ had been provided with sufficient empty crates and boxes. the silks were put into these, they were addressed to some persons in birmingham, and, after being landed at one of the london quays as if they had come from dover, they were sent across to the paddington canal, and duly arrived at their destination. allen's share of that transaction amounted to about £ . he had done so well that he repeated the same practice in april and may; but in june some tea which he brought in was seized, and although he was not prosecuted yet it gave him a fright. but after being entreated by the two tempters, he repeated his first incident, took forty more bales on board, and arrived at the port of london. but the custom house officials had got wind of this, and when the _good intent_ arrived she was searched. in this case the goods had not been put into crates, but were concealed in the ballast, the idea being not to land them in london but to bring them back under the ballast to dover. [illustration: "under cover of darkness took on board ... forty bales of silk."] the first remark the customs officer made was, "there is a great deal more ballast here than is necessary for such a ship," and promptly began moving the same. of course the goods were discovered, and of course allen pretended he knew nothing about the forty bales being there concealed. they were seized and condemned. becker got to hear of this disaster and that a warrant was out for his own arrest, so he quickly hopped across to calais. an officer was sent both to deal and to dover to find tomsett, but found him not, so he crossed over to calais, and among the first people whom he saw on calais pier were tomsett and becker walking about together. the officer had no wish to be seen by becker, but the latter saw him, and came up and asked him how he was and what he was doing there. the officer made the best excuse he could, and stated that he had got on board the steam-packet and been brought off by mistake. "oh, i am here in consequence of that rascal allen having peached against us," volunteered becker, and then went on to say that he was as innocent as the child unborn. however, the judge, at a later date, thought otherwise, and imposed a penalty of £ , though the full penalty really amounted to the enormous sum of £ , . chapter xx force and cunning a smuggling vessel was usually provided with what was called a tub-rail--that is to say, a rail which ran round the vessel just below the gunwale on the inside. when a vessel was about to arrive at her destination to sink her tubs, the proceeding was as follows. the tubs were all made fast to a long warp, and this warp with its tubs was placed outside the vessel's bulwarks, running all round the ship from the stern to the bows and back again the other side. this warp was kept fastened to the tub-rail by five or seven lines called stop-ropes. consequently all the smugglers had to do was to cut these stop-ropes, and the tubs and warp would drop into the water, the stone weights immediately sinking the casks. bearing this in mind, let us see the revenue cutter _tartar_, on the night between the rd and th of april , cruising off kimeridge, between st. alban's head and weymouth, and a little to the east of where lieutenant knight was murdered, as we saw in the last chapter. about . a.m. lieutenant george davies, r.n., the _tartar's_ commander, was below sleeping with his clothes and boots on, when he heard the officer of the watch call for him. instantly he went on deck and saw a smuggling vessel. she was then about thirty yards away and within a mile of the shore. her name was afterwards found to be the french sloop _diane_. it was rather a warm, thick night, such as one sometimes gets in april when the weather has begun to get finer. by the time that the cruiser's commander had come up on deck, both the cutter and the _diane_ were hove-to, and the vessels were close alongside. when first sighted by the boatswain the smuggler was standing out from the land. the _tartar's_ boat was now launched into the water, and the bo'sun and two men pulled off in her and boarded the _diane_, and then came back to fetch lieutenant davies. the instant the latter boarded the _diane_, he saw one of the latter's crew throwing something overboard. he stooped down to pick something up, when davies rushed forward and caught him round the body as something fell into the water, and a tub-hoop, new, wet, and green, was taken from him. davies called to his bo'sun to bring a lantern, so that he might identify the seized man and then proceed to search the vessel. a tub-rail and stop-rope were found on board, and, on going below, the hold was found to be strewn with chips of tub-hoops and pieces of stones for sinking. the upper deck was similarly strewn, while by the hatchway were found sinker-slings. these sinkers in actual employment were accustomed to be suspended and hitched round the warp at about every sixth tub. the _diane's_ master was asked where his boat was since none was found aboard, but there was no satisfactory answer. tub-boards for fixing on deck so as to prevent the tubs from rolling overboard were also found, so altogether there was sufficient reason for seizing the vessel, which was now done. she was taken into weymouth and her crew brought before a magistrate. and in that port the tub-boat was also found, for the smugglers had doubtless sent most of their cargo ashore in her whilst the _diane_ was cruising about between there and st. alban's head. it was significant that only three men were found on board, whereas smuggling vessels of this size (about twenty to thirty tons) usually carried eight or nine, the explanation being that the others had been sent out with the tub-boat. but the rest of the cargo had evidently been hurriedly thrown overboard when the _tartar_ appeared, and because these casks were thrown over so quickly, fifty-nine of them had come to the surface and were subsequently recovered. but besides these, casks were also found on one sling at the bottom of the sea close to where the _diane_ had been arrested, for at the time when this occurrence had taken place the _tartar's_ men had been careful at once to take cross bearings and so fix their position. one of the most interesting of these smuggling events was that which occurred in the medway. about eight o'clock on the evening of march , , a smack called the _mary_ came running into the river from outside. at this time it was blowing very hard from the n.e., and the tide was ebbing, so that of course wind would be against tide and a certain amount of sea on. but it was noticed by the coastguard at garrison point, which commands the entrance to this river, that the _mary_ had got far too much sail up--whole mainsail as well as gaff-topsail. considering it was a fair wind and there was a good deal of it, there was far more canvas than was necessary, even allowing for the tide. it was a rule that all vessels entering the medway should bring-to off garrison point, and allow themselves to be boarded and searched, if required by certain signals. in order to compel the _mary_ so to do, the coastguard at this point fired a shot and rowed off to meet her. but the smack held on. she was steering straight for the isle of grain, and showed no intention of starboarding her helm so as to get on a proper course up the medway. another shot was fired, and yet she held on. now there were some of her majesty's ships lying near the grain, which is on the starboard hand as you pass up the river, viz. the _dædalus_ and the _alfred_. these vessels were of course swung with the tide, and between the _dædalus_ and the isle of grain the smack manoeuvred. [illustration: "another shot was fired."] a third shot now came whizzing by from the boat that was rowing hard against the tide, and the smack came round between the _alfred_ and _dædalus_. the coastguard then boarded the _mary_, and the master said he was from brightlingsea. he pretended that he thought the firing was not from the coastguard, but from a ship at the little nore, which is the channel that runs up to garrison point from the nore lightship. this was curious, for the _mary_ had been in the habit of going up the medway, and hitherto had always hove-to off garrison point for the coastguard to come aboard. her skipper excused his action by stating that he was frightened of heaving-to as he might have carried away his mast and gone ashore, if he had hauled up and gybed. but it was pointed out that it was a foolish and unsafe course for the _mary_ to steer between the _dædalus_ and the grain island, especially as it was a dark night without any moon, and blowing very hard. but on going aboard, the coastguard was not surprised to detect a strong smell of gin, as if spirits had quite recently been removed from the smack. and after making a search there was nothing found on board except that she was in a great state of confusion. none the less it was deemed advisable to place a couple of officers on board her to accompany her up to rochester. this was on the friday night, and she arrived at rochester the same day. on the sunday it occurred to the officers to search for the spirits which they were sure the _mary_ had on board, so they proceeded to that spot by the _dædalus_ where the _mary_ had luffed round and met the coastguard boat. after sweeping for half-an-hour they found tubs slung together to a rope in the usual manner. at each end of the rope was an anchor, and between these anchors was a number of tubs, and in between each pair of tubs were stones. so the _mary_ had gone into that little bight in order that she might throw her tubs overboard, which would be sunk by the stones, and the two anchors would prevent them from being drifted away by the tide. the warp, it was thought, had been in the first instance fastened to the tub-rail in the manner we have already described, and at the third gun the stop-ropes were cut, and the whole cargo went with a splash into the water, and the vessel sailed over the tubs as they sank to the muddy bottom. [illustration: methods employed by smugglers for anchoring tubs thrown overboard.] the usual way to get these tubs up was of course by means of grapnels, or, as they were called, "creepers." but the spot chosen by the _mary_ was quite close to the moorings of the _dædalus_, so that method would only have fouled the warship's cables. therefore the following ingenious device was used. a large heavy rope was taken, and at each end was attached a boat. the rope swept along the river-bed as the boats rowed in the same direction stretching out the rope. before long the bight of this rope found the obstructing tubs, stones, warp, and anchor, and that having occurred, the two boats rowed close together, and a heavy iron ring was dropped over the two ends of the rope, and thus sank and gripped the rope at the point where it met with the obstruction. all that now remained, therefore, was to pull this double rope till the obstruction came up from the bottom of the water. and in this manner the articles which the _mary_ had cast overboard were recovered. she was obviously a smuggler, as besides this discovery she was found to be fitted with concealments, and fourteen tholes were found on board "muffled" with canvas and spun yarn, so as to be able to row silently. her skipper, william evans, was duly prosecuted and found guilty; and it was during the course of this trial that the interesting dialogue occurred between counsel and the coastguard as to whether the first warning gun fired was always shotted or not. as we have already discussed this point, we need not let it detain us now. the year was interesting, as it witnessed the seizing of one of the earliest steamcraft on a charge of smuggling. very late in the day of may the steam-tug _royal charter_, employed in towing vessels in and out of portsmouth harbour, had been taken to spithead without the permission of her owner, and information was given to the coastguard. about midnight she was first discovered steaming towards the port with a small boat attached to her stern, being then about half a mile from the harbour. chase was then made and the vessel hailed and ordered to heave-to. she replied that she would round-to directly, but in fact she held on and steamed at full speed, notwithstanding that several shots were fired at her. as she entered portsmouth harbour she was pursued by the customs boat, who asked them to shut off steam and be examined. of course full speed in those days meant nothing very wonderful, and it was not long before she was boarded. she had a crew of three, and there were ten men in the boat towing astern, most of whom were found to have been previously convicted of smuggling. it seems strange to find a steamboat pursuing the old tactics of the sailing smacks, but in her wake there were found half-ankers within about yards of her and where she had passed. the vessel and boat were seized, and the men taken before the magistrates and convicted. but the following is an instance of steam being employed against smugglers. one sunday towards the end of october , about nine o'clock in the morning, the local receiver of duties informed the tide surveyor at st. heliers, jersey, that there was a cutter which (from information received) he was convinced was loaded with brandy. this cutter was in one of the bays to the n.w. of the island. but as the wind was then blowing from the w.n.w. and a very heavy surf was rolling in, the consent of the harbour-master was obtained to use the steam-tug _polka_ to go round in search of her, the understanding being that she was to be paid for if a seizure were made. the wind and sea were so boisterous that the revenue boat could not have been used. steamer and officers therefore proceeded round the coast till they reached plemont bay, about twenty miles from st. helier, and there they found a small cutter lying at anchor close under the cliff, but with no one on board. the steamer lowered a boat and found the cutter to be the _lion_ of jersey, five tons, with four hogsheads and seven quarter casks of brandy. the officers then weighed anchor, and by sailing and towing got her round to st. helier harbour, where she was dismantled, and the brandy and her materials lodged at the custom house. this little craft had come from dielette in france, and as plemont bay was a very secluded locality, she would have run her goods there with perfect success, had she not been discovered while her crew were on shore, whither they had probably gone for the purpose of making arrangements for getting the cargo landed. but by the middle of the nineteenth century so thoroughly had the authorities gripped the smuggling evil that these men were actually sometimes afraid to take advantage of what fortune literally handed out to them. the schooner _walter_ of falmouth was bound on a voyage from liverpool to chichester with a cargo of guano on may , . her crew consisted of stephen sawle, master, benjamin bowden, mate, samuel banister, seaman, and george andrews, boy. on this day she was off lundy island, when andrews espied a couple of casks floating ahead of the schooner and called to the master and mate, who were below at tea. they immediately came up on deck, and the master looked at the kegs through his glass, saying that he thought they were provisions. the three men then got out the ship's boat, rowed after the casks and slung them into the boat, and brought them on board. in doing so the mate happened to spill one of them, which contained brandy. this gave the skipper something of a fright, and he directed the mate and seaman to throw the casks overboard. they both told him they thought he was a great fool if he did so. he gave the same orders a second time and then went below, but after he had remained there for some time, he said to his crew, "if you will all swear that you will not tell anybody, i will risk it." they all solemnly promised, the master swearing the mate, the seaman, and the boy on the ship's bible that they would not tell the owner or any living creature. presently the mate and banister removed the hatches and handed up about two tiers of guano, sent the casks of brandy below and placed bags on their top. after the master had been below a couple of hours, he asked whether the casks were out of sight. the mate and banister replied that they were, whereupon the master took a candle, examined the hold, and afterwards the sleeping-berths, but he could not see anything of the brandy. he then went to the boy and said, "mind you don't let mr. coplin [the owner] know anything about this business, for the world." the vessel arrived at falmouth on sunday morning, the nd of june, and brought up off the market strand. at six in the morning the boy went ashore and returned about midnight. the mate was on board and addressed him thus, "you knew very well what was going on and ought to have been on board before this." for at that time both the master and banister were ashore. on monday the boy went down to the hold and saw the brandy was gone, and the same night about half-an-hour before midnight the mate and banister brought four gallons of the brandy to where the boy was lodging, as his share. the youngster complained that it was very little, to which banister replied that one of the casks had leaked amongst the cargo of guano or he would have had more. ostensibly the schooner had put into falmouth for repairs. later on the custom house officers got to hear of it, but it was then the month of july, and the schooner had since sailed and proceeded to liverpool. on the st of october of this same year a highly ingenious device was discovered through a hitch, which unfortunately ruined the smugglers' chances. in its broad conception it was but a modification of an idea which we have already explained. in its application, however, it was unique and original. at half-past six on this morning a fore-and-aft-rigged vessel was observed to be sailing into chichester harbour. when first discovered, she was about a mile from hayling island. she was boarded, as smuggled goods were supposed to have been taken by her from a raft at sea. manned by a master and a crew of two, all english, she was well known in that neighbourhood. she was registered at portsmouth as the _rival_. her cargo was found to consist of a few oysters and thirteen tubs of spirits, but these were attached to the stern in a most ingenious manner. by her stern-post was an iron pipe, and through this pipe ran a chain, one end of which was secured at the top, close to the tiller, the other end running right down into the water below the ship. attached to the chain in the water were thirteen tubs wrapped in canvas. the theory was this. as the vessel sailed along, the chain would be hauled as tight as it would go, so that the casks were kept under the vessel's stern and below water. now, having arrived in chichester harbour, the helmsman had suddenly let go the chain, but the latter had unhappily jammed in the pipe, and the tubs were thus dragged with a large scope of chain. the coastguard in coming alongside used his boat-hook underneath, and thus caught hold of the chain and tubs. the vessel was now soon laid ashore, and when her bottom was examined, the whole device was discovered. it had only quite recently been added, but the crew were notorious smugglers, so they got themselves into trouble in spite of their ingenuity. [illustration: the _rival's_ ingenious device (see text).] and now let us bring this list of smuggling adventures to an end with the activities of a very ubiquitous french sloop named the _georges_, which came into prominent notice in the year . her port of departure was cherbourg, and she was wont to run her goods across to the south coast of england with the greatest impudence. in piecing together this narrative of her adventures, it has been no easy task to follow her movements, for she appeared and disappeared, then was seen somewhere else perhaps a hundred miles away in a very short time. it appears that on april the _georges_, whose master's name was gosselin, cleared from cherbourg, and two days later was sighted by the commander of the revenue cutter _cameleon_ off bembridge ledge, about one o'clock in the afternoon, about eight or nine miles e.s.e. after she had come up she was boarded by the _cameleon_, and was found to have one passenger, whom the _cameleon's_ commander described as an englishman "of a most suspicious appearance." but after being searched she was found perfectly "clean" and free from any appearance of tubs or smell of spirits. the revenue cutter's commander therefore formed the opinion that the _georges_ was fitted with some concealments somewhere. in order to discover these, it would be essential for the craft to be hauled ashore. he therefore did not detain her, but, as she was bound for portsmouth, put an officer and a couple of men aboard her till she should arrive at that port. one thing which had aroused suspicions was the finding on board of exceptionally large fend-offs. these were just the kind which were used by smuggling ships accustomed to be met at sea by smaller craft, into which the casks were transferred and then rowed ashore. and what was more suspicious still was the fact that these fend-offs were found wet; so they had most probably been used recently in a seaway when some tub-boats had been alongside the _georges_. somehow or other, when she arrived at portsmouth, although the matter was duly reported, it was not thought necessary to haul her ashore, but she was carefully examined afloat. the english passenger found aboard gave the name of mitchell, but he was suspected of being robinson, a notorious bognor smuggler. and it was now further believed that the _georges_ had sunk her "crop" of tubs somewhere near the owers (just south of selsey bill), as on the morning of the day when the _cameleon_ sighted her a vessel answering her description was seen in that vicinity. on that occasion, then, the _georges_ could not be detained, and we next hear of her on may , when again she set forth from cherbourg. she had no doubt taken on board a fine cargo, for she had a burthen of thirty-one tons, and this she managed in some mysterious manner to land in england. there can be no doubt that she did succeed in hoodwinking the revenue service for a time, but it is probable that she employed largely the method of sinking the tubs, which were afterwards recovered in the manner already familiar to the reader. at any rate, lieutenant owen, r.n., writing on may from the ryde coastguard station to captain langtry, r.n., his inspecting commander, reported that this _georges_ had arrived off ryde pier that morning at seven o'clock. she had five frenchmen on board besides gosselin. it was found that her tub-boat was a new one, and when she arrived this was on deck, but it had since been hoisted out, and gosselin, having been brought ashore, crossed by the ryde steamer to portsmouth at a.m. what business he transacted in portsmouth cannot be stated definitely, but it is no foolish guess to suggest that he went to inform his friends at what spot in the neighbourhood of the isle of wight he had deposited the casks of spirits a few hours previously. however, gosselin did not waste much time ashore, for he had returned, got up anchor and sails, and was off bembridge ledge by five in the afternoon, at which time the _georges_ was sighted by captain hughes, commanding the revenue cutter _petrel_. the _georges_ was boarded and searched, and there was a strong smell of brandy noticed, and it was clear that her tub-boat had been recently used. somewhere--somehow--she had recently got rid of her "crop," but where and when could not be ascertained. the _georges'_ master protested that he was very anxious to get back to cherbourg as quickly as possible; and as there was nothing definite found on board this foreign craft, captain hughes decided to release her. that was on may , then. but exactly a week later this same _georges_ came running into torbay. on arrival here she was found to have no tub-boat, although in her inventory she was said to have a boat feet long and feet broad. some of her crew were also absent, which looked still further suspicious. still more, she was found to have battens secured along her bulwarks for the purpose of lashing tubs thereto. this made it quite certain that she was employed in the smuggling industry, and yet again there was no definite reason for arresting this foreign ship. we pass over the rest of may and june till we come to the last day of july. on that date the lieutenant in charge of the coastguard at lyme (west bay) reported that he had received information from lieutenant davies of the beer station that a landing of contraband goods was likely to be attempted on the branscombe station, which is just to the west of beer head. it was probable that this would take place on either the st or nd of august, and at night. orders were therefore given that a vigilant look-out should be kept in this neighbourhood. nothing occurred on the first of these dates, but about twenty minutes past eleven on the night of august reports and flashes of pistols were heard and seen on the sidmouth station as far as beer head. these were observed by lieutenant smith and his crew, who were in hiding; but, unfortunately, just as one of the coastguards was moving from his hiding-place he was discovered by a friend of the smugglers, who instantly blazed off a fire on the highest point of the cliff. however, lieutenant smith did not waste much time, and quickly had a boat launched. they pulled along the shore for a distance of a mile and a half from the beach, and continued so to do until . a.m., but no vessel or boat could be seen anywhere. but as he believed a landing was taking place not far away, he sent information east and west along the coast. as a matter of fact a landing did occur not far away, but it was not discovered. an excise officer, however, when driving along the lyme road, actually fell in with two carts of tubs escorted by fifteen men. this was somewhere about midnight. he then turned off the road and proceeded to sidmouth as fast as he could, in order to get assistance, as he was unarmed. from there the chief officer accompanied him, having previously left instructions for the coastguard crew to scour the country the following morning. but the excise and chief officer after minutely searching the cross-roads found nothing, and lost track of the carts and fifteen men. [illustration: "taken completely by surprise."] that time there had been no capture, and the smugglers had got clean away. but the following night lieutenant smith went afloat with his men soon after dark, and about half-past ten observed a signal blazed off just as on the previous evening. knowing that this was a warning that the smuggling vessel should not approach the shore, smith pulled straight out to sea, hoping, with luck, to fall in with the smuggling craft. happily, before long he discovered her in the darkness. she appeared to be cutter-rigged, and he promptly gave chase. at a distance of only two miles from the shore he got up to her, for the night was so dark that the cutter did not see the boat until it got right alongside, whereupon the smugglers suddenly slipped a number of heavy articles from her gunwale. taken completely by surprise, and very confused by the sudden arrival of the coastguard's boat, lieutenant smith was able to get on board their ship and arrest her. it was now about . p.m. but, having noticed these heavy splashes in the water, the lieutenant was smart enough instantly to mark the place with a buoy, and then was able to devote his attention entirely to his capture. he soon found that this was the _georges_ of cherbourg. she was manned by three frenchmen, and there were still hanging from the gunwale on either quarter a number of heavy stones slung together, such as were employed for sinking the tubs. there can be no doubt that the _georges'_ intention had been to come near enough to the shore to send her tubs to the beach in her tub-boat, as she had almost certainly done the night before. but hearing the coastguard galley approaching, and being nervous of what they could not see, the tubs were being cast into the sea to prevent seizure. although no tubs were found _on board_, yet it was significant that the tub-boat was not on board, having evidently been already sent ashore with a number of casks. there was a small -feet dinghy suspended in the rigging, but she was obviously not the boat which the _georges_ was accustomed to use for running goods. lieutenant smith for a time stood off and on the shore, and then ran along the coast until it was day, hoping to fall in with the tub-boat. just as he had captured the _georges_ another coastguard boat, this time from the beer station, came alongside, and so the officer sent this little craft away with four hands to search diligently up and down the coast, and to inform the coastguards that the tub-boat had escaped. when it was light, smith took the _georges_ into lyme cobb, and her crew and master were arrested. she had evidently changed her skipper since the time when she was seen off the hampshire shore, for the name of her present master was clement armel. they were landed, taken before the magistrates, and remanded. but subsequently they were tried, and sentenced to six months' hard labour each in dorchester gaol, but after serving two months of this were released by order of the treasury. on the th of august the boats from lieutenant smith's station at branscombe went out to the spot where the _georges_ had been captured and the mark-buoy with a grapnel at the end of it had been thrown. there they crept for a time and found nothing. but it had been heavy weather, and probably the tubs had gone adrift without sinkers to them. at any rate no landing was reported along the shore, so it was doubtful if the tub-boat had managed to get to land. as to the _georges_ herself, she was found to be almost a new vessel. she was described as a handsome craft, "and very much the appearance of a yacht, and carries a white burgee at her masthead with a red cross in it, similar to vessels belonging to the yacht club." the reference to the "yacht club" signifies the royal yacht squadron, which was originally called the royal yacht club. in those days the number of yachts was very few compared with the fleets afloat to-day. some of the royal yacht club's cutters were faster than any smuggler or revenue craft, and it was quite a good idea for a smuggler built with yacht-like lines to fly the club's flag if he was anxious to deceive the cruisers and coastguards by day. some years before this incident there was found on board a smuggling lugger named the _maria_, which was captured by the revenue cruiser _prince of wales_ about the year , a broad red pendant marked with a crown over the letters "r.y.c.," and an anchor similar to those used by the royal yacht club. one of the _maria's_ crew admitted that they had it on board because they thought it might have been serviceable to their plans. the point is not without interest, and, as far as i know, has never before been raised. but to conclude our narrative of the _georges_. as it was pointed out that she was such a fine vessel, and that lyme cobb (as many a seafaring man to-day knows full well) was very unsafe in a gale of wind, it was suggested that she should be removed to weymouth "by part of one of the cutters' crews that occasionally call in here." so on the th of september in that year she was fetched away to weymouth by lieutenant sicklemore, r.n. she and her boat were valued at £ , but she was found to be of such a beautiful model that she was neither destroyed nor sold, but taken into the revenue service as a cutter to prevent the trade in which she had been so actively employed. and so we could continue with these smuggling yarns; but the extent of our limits has been reached, so we must draw to a close. if the smuggling epoch was marred by acts of brutality, if its ships still needed to have those improvements in design and equipment which have to-day reached such a high mark of distinction, if its men were men not altogether admirable characters, at any rate their seamanship and their daring, their ingenuity and their exploits, cannot but incite us to the keenest interest in an exceptional kind of contest. appendices appendix i sloops or cutters the reputed difference between a sloop and cutter in the eighteenth century is well illustrated by the following, which is taken from the excise trials, vol. xxx., st july to th december , p. . in attorney-general _v._ julyan and others there was an action to condemn the vessel _mary_ of fowey, brought under the provisions of sec. , c. , geo. iii., as amended by sec. , c. , geo. iii. there were several counts, including one with regard to the vessel being fitted with "arms for resistance," but the case turned on the question whether she was cutter-rigged or sloop-rigged. counsel for the prosecution defined a cutter as "a thing constructed for swift sailing, which, with a view to effect that purpose, is to sink prodigiously at her stern, and her head to be very much out of water ... built so that she should measure a great deal more than she would contain." such a definition, however satisfactory it may have been to the legal mind, was one that must have vastly amused any seafaring man. the judge, quoting expert evidence, explained the difference between a cutter and a sloop as follows:--a standing or running bowsprit is common to either a sloop or a cutter, and a traveller, he said, was an invariable portion of a cutter's rig, so also was a jib-tack. the jib-sheet, he ruled, differed however; that of a cutter was twice as large as that of a sloop and was differently set. it had no stay. a sloop's jib-sheet was set with a fixed stay. furthermore, in a cutter the tack of the jib was hooked to a traveller, and there was a large thimble fastened to a block which came across the head of the sail. there were two blocks at the mast-head, one on each side. "a rope passes through the three blocks by which it is drawn up to the halliards." the jib of a cutter "lets down and draws in a very short time." a cutter usually had channels and mortice-holes to fix legs to prevent oversetting. appendix ii list of cruisers employed in the customs service for the year -----------------+---------+------------+---------------------------------+ name. |number of|where | | |crew. |stationed. | remarks. | -----------------+---------+------------+---------------------------------+ _lively_ and } | | london | these vessels were the property | _vigilant_ } | | | of the crown. the _lively_ | | | | cruised in the winter | | | | half-year, but in the summer | | | | her crew did duty on board | | | | the _vigilant_. | _defence_ | |gravesend | on the establishment. | _success_ | |rochester | " " | _otter_ | |rochester | moored in standgate creek to | | | | guard the quarantine. | _active_ | |eaversham | on the establishment. | _sprightly_ | |sandwich | employed by contract from may | | | | , . | _greyhound_ | |sandwich | employed by contract from | | | | january , . | _scourge_ | |deal | employed by contract from | | | | january , . | _nimble_ | |deal | employed by contract from | | | | april , . | _tartar_ | |dover | on the establishment. | _assistance_ | |dover | employed by contract. | _alert_ | |dover | employed by contract from | | | | april , . | _stag_ | |rye | on the establishment. | _hound_ | & |rye | contract. crew reduced to | | | | on october , . | _surprise_ | |newhaven | contract. crew reduced to | | | | on october , . | _enterprise_ | |shoreham | establishment in , but | | | | afterwards on contract. | _falcon_ | & |chichester | establishment. | _roebuck_ | |portsmouth | " | _antelope_ | |portsmouth | " | _rose_ | |southampton | " | _speedwell_ | |{ weymouth |{ she was on contract at | | |{ cowes |{ weymouth but was removed to | | | |{ cowes on june , . | _swan_ | | cowes | contract from march , | _laurel_ | | poole | " " " | _diligence_ | |{ poole |} contract. removed from poole | | |{ weymouth |} to weymouth, march , . | _alarm_ | | exeter | contract. removed from poole | | | | to weymouth, march , . | _spider_ | | dartmouth | contract. removed from poole | | | | to weymouth, march , . | _ranger_ | | plymouth | establishment. | _wasp_ | | plymouth | contract. | _squirrel_ | | looe | " | _hawke_ | & | falmouth | " | _lark_ | | falmouth | " | _lurcher_ | | penryn | " | _tamer_ | | scilly | " | _brilliant_ | | st. ives | " | _dolphin_ | | st. ives | " | _brisk_ | | milford | " | _repulse_ | | colchester | establishment. | _argus_ | | harwich | " | _bee_ | | harwich | contract. | _hunter_ | | yarmouth. | establishment. | _experiment_ | | boston | " | _swallow_ | | hull | " | _mermaid_ | | newcastle | " | _eagle_ | | newcastle | " | -----------------+---------+------------+---------------------------------+ appendix iii list of cruisers employed in the customs service for the year (_up to june _) -------------------+------------------------------+---------+------+------+ vessel. | commander. | tonnage.| guns.| men. | -------------------+------------------------------+---------+------+------+ _vigilant_ yacht |{ richard dozell |{ | | | _vigilant_ cutter |{ |{ | | adl.| | | | | | | | | | | _diligence_ | william dobbin | | | | | | | | | _swallow_ | thomas amos | | | | _lively_ | du bois smith | | | | _defence_ | geo. farr (acting) | | | | _ant_ | thomas morris | | | | _fly_ | thomas gibbs | | | | _success_ | william broadbank | | | | _otter_ | john matthews | | -- | | _active_ | thomas lesser | | | | | | | | | | | | | | _swift_ | j. westbeech (tide surveyor) | | -- | | _nimble_ | william clothier (acting) | | | | _tartar_ | b.j. worthington | | | | _stag_ | john haddock | | | | | | | | | -------------------+------------------------------+---------+------+------+ -------------------+---------------------------------------+ vessel. | extent of cruising station. | -------------------+---------------------------------------+ _vigilant_ yacht | to attend the honourable board. | _vigilant_ cutter | in the winter season the cutter with | | ten additional hands cruised on the | | coasts of essex, ken, and sussex | _diligence_ | milford to solway firth, or as the | | board should direct. | _swallow_ | as the board should direct. | _lively_ | " " " | _defence_ | gravesend to dungeness. | _ant_ | gravesend to the nore. | _fly_ | " " " | _success_ | rochester to north sand head. | _otter_ | rochester to the buoy of the woolpack.| _active_ | mouth of medway to n. foreland, | | round the longsand and up the | | swin to leigh. | _swift_ | downs to the longsand. | _nimble_ | between the forelands. | _tartar_ | the gore to beachy head. | _stag_ | dover to brighton, but extended on | | special circumstances. | -------------------+---------------------------------------+ -------------------+------------------------------+---------+------+------+ vessel. | commander. | tonnage.| guns.| men. | -------------------+------------------------------+---------+------+------+ _hound_ | j.r. hawkins | | | | _falcon_ | charles newland | | | | _roebuck_ | john stiles | | | | _antelope_ | john case | | | | | | | | | _rose_ | william yeates | | | | _swan_ | |[building at this date]| _greyhound_ | richard wilkinson | | | | _alarm_ | andrew dealey | | | | _ranger_ | nathaniel cane | | | | _busy_ | alexr. fraser (mate) | | -- | | _hinde_ | gabriel bray | | | | _dolphin_ | richard johns (junr.) | | | | | | | | | _racer_ | james wood (mate) | | -- | | _speedwell_ | john hopkins |[building at this date]| | | | | | _endeavour_ | thomas peregrine | | -- | | _repulse_ | g.g.h. munnings | | | | _argus_ | john saunders | | | | _hunter_ | thomas ritches | | | | _bee_ | a. somerscalls (mate) | | -- | | | | | | | _eagle_ | george whitehead |[building at this date]| _mermaid_ | john carr | | | | _viper_ | john hudson (mate) | | -- | | | | | | | -------------------+------------------------------+---------+------+------+ -------------------+---------------------------------------+ vessel. | extent of cruising station. | -------------------+---------------------------------------+ _hound_ | n. foreland to isle of wight. | _falcon_ | beachy head to isle of wight. | _roebuck_ | round the isle of wight. | _antelope_ | round the isle of wight, and from | | needles to swanage. | _rose_ | from lool to lyme. | _swan_ | beachy head to lyme. | _greyhound_ | beachy head to the start. | _alarm_ | between portland and the start. | _ranger_ | land's end to cape cornwall. | _busy_ | plymouth sound and lawsand bay. | _hinde_ | portland to st. ives and scilly. | _dolphin_ | st. ives to padstow, round scilly; | | land's end to helford. | _racer_ | chepstow to ilfracombe. | _speedwell_ | holyhead, bristol channel, and to | | the land's end. | _endeavour_ | the whole port of milford. | _repulse_ | north yarmouth to portsmouth. | _argus_ | buoy of the middle[ ] to lowestoft. | _hunter_ | harwich to cromer. | _bee_ | humber, york, and lincoln, and to | | guard quarantine. | _eagle_ | tynemouth to yarmouth. | _mermaid_ | berwick to the spurn. | _viper_ | isle of anglesea to st. bee's head | | occasionally. | -------------------+---------------------------------------+ [ ] _i.e._ doubtless the channel better known as swin middle, leading into the estuary of the thames. appendix iv list of revenue cruisers built between july , and october , ----------------------------+---------------+-----+-----------------+ | | | | name of cruiser. | when built. |ton- | builders. | | |nage.| | ----------------------------+---------------+-----+-----------------+ | | | | _fly_ (late _new charter_) | july , | | thos. white | _lion_ | " " | | th. inman | _arrow_ (late _seaflower_) | " " | | ransom & ridley | _cameleon_ (lost) | " " | | wm. hedgcock | _dolphin_ | " " | | j.b. good | _ranger_ | " " | | chas. golder | _tartar_ | " " | | ransom & ridley | _repulse_ | " " | | w. good & son | _nimble_ | " " | | rd. graves | _sprightly_ | " " | | chas. miller | _sealark_ | oct. , | | th. white | _scout_ | aug. , " | | th. white | _fox_ | oct. , " | | th. white | _endeavour_ | july , " | | n. harvey | _adder_ (sold) | oct. , " | | t. white | _vigilant_ | feb. , | | t. white | _kite_ | mar. , | | ransom & ridley | _hound_ (lost) | " " | | t. white | _experiment_ |april , | | t. white | ----------------------------+---------------+-----+-----------------+ ----------------------------+----------+-----------------+-----------------+ | | draft. |rate of sailing | name of cruiser. | where |--------+--------|per hour in knots| | built. |forward.| aft. |and fathoms. | ----------------------------+----------+--------+--------+--------+--------+ | |ft. ins.|ft. ins.| knots | fathoms| _fly_ (late _new charter_) |cowes | Ã� | Ã� | -- | -- | _lion_ |lymington | -- | -- | -- | -- | _arrow_ (late _seaflower_) |hastings | Ã� | Ã� | | -- | _cameleon_ (lost) |dover | -- | -- | -- | -- | _dolphin_ |bridport | Ã� | Ã� | | -- | _ranger_ |folkestone| Ã� | Ã� | | -- | _tartar_ |hastings | Ã� | Ã� | | | _repulse_ |ealing | -- | -- | -- | -- | _nimble_ |sandgate | Ã� | Ã� | | -- | _sprightly_ |cowes | Ã� | Ã� | | | _sealark_ |cowes | -- | -- | -- | -- | _scout_ |cowes | Ã� | Ã� | | | _fox_ |cowes | Ã� | Ã� | | -- | _endeavour_ |rye | Ã� | Ã� | -- | -- | _adder_ (sold) |cowes | -- | -- | -- | -- | _vigilant_ |cowes | Ã� | Ã� | | | _kite_ |hastings | Ã� | Ã� | | -- | _hound_ (lost) |cowes | -- | -- | -- | -- | _experiment_ |cowes | Ã� | Ã� | -- | -- | ----------------------------+----------+--------+--------+--------+--------+ ----------------------------+---------------+-----+-----------------+ | | | | name of cruiser. | when built. |ton- | builders. | | |nage.| | ----------------------------+---------------+-----+-----------------+ | | | | _racer_ | aug. , | | ransom & ridley | _viper_ (late _mermaid_) | " , " | | t. white | _stag_ | feb. , | | t. white | _diligence_ (lost) | " , | | ransom & ridley | _bee_ | aug. , " | | ransom & ridley | _stork_ | jan. , | | ransom & ridley | _liverpool_ (now | july , " | | t. white | _speedwell_) | | | | _victoria_ | aug. , | | ransom & ridley | _chance_ |april , | | t. white | _squirrel_ | jun , " | | t. white | _amphitrite_ | july , " | | th. inman | _victoria_ |april , " | | th. inman | _king george_ | aug. , " | | ransom & ridley | _wickham_ |april , " | | t. white | _adelaide_ | " " | | ransom & ridley | _dolphin_ | " " | | ransom & ridley | _liverpool_ (tender to | aug. " | | t. white | _kite_) | | | | _hornet_ | july , " | | ransom & ridley | _prince george_ | nov. , " | | ransom & ridley | _providence_ | dec. , " | | n. & e. edwards | _margaret_ | " " | | t. inman | _asp_ |april , | | t. white | _lady of the lake_ | " , " | | t. inman | _hind_ | may , " | | ransom & ridley | _caroline_ | jan. , | | ransom & ridley | _frances_ | feb. , " | | t. white | ----------------------------+---------------+-----+-----------------+ ----------------------------+----------+-----------------+-----------------+ | | draft. |rate of sailing | name of cruiser. | where |--------+--------|per hour in knots| | built. |forward.| aft. |and fathoms. | ----------------------------+----------+--------+--------+--------+--------+ | |ft. ins.|ft. ins.| knots | fathoms| _racer_ |hastings | Ã� | Ã� | | | _viper_ (late _mermaid_) |cowes | -- | -- | -- | -- | _stag_ |cowes | Ã� | Ã� | | -- | _diligence_ (lost) |hastings | Ã� | Ã� | | -- | _bee_ |hastings | Ã� | Ã� | -- | -- | _stork_ |hastings | Ã� | Ã� | | | _liverpool_ (now |cowes | -- | -- | -- | -- | _speedwell_) | | | | | | _victoria_ |hastings | -- | -- | -- | -- | _chance_ |cowes | Ã� | Ã� | ½ to | -- | _squirrel_ |cowes | -- | -- | -- | -- | _amphitrite_ |lymington | -- | -- | -- | -- | _victoria_ |lymington | Ã� | Ã� | | -- | _king george_ |hastings | -- | -- | -- | -- | _wickham_ |cowes | Ã� | Ã� | | | _adelaide_ |hastings | Ã� ½ | Ã� ½| | | _dolphin_ |hastings | Ã� | Ã� | | | _liverpool_ (tender to |cowes | -- | -- | -- | -- | _kite_) | | | | | | _hornet_ |hastings | Ã� | Ã� | . to | -- | _prince george_ |hastings | -- | -- | -- | -- | _providence_ |scilly | -- | -- | -- | -- | _margaret_ |lymington | Ã� | Ã� | | -- | _asp_ |cowes | -- | -- | -- | -- | _lady of the lake_ |lymington | -- | -- | -- | -- | _hind_ |hastings | -- | -- | -- | -- | _caroline_ |hastings | -- | -- | -- | -- | _frances_ |cowes | Ã� | Ã� | | | ----------------------------+----------+--------+--------+--------+--------+ ----------------------------+---------------+-----+-----------------+ | | | | name of cruiser. | when built. |ton- | builders. | | |nage.| | ----------------------------+---------------+-----+-----------------+ | | | | _royal george_ | mar. , " | | t. inman | _maria_ |sept. , " | | t. inman | _vulcan_ (steamer) | oct. , " | | t. white | _hamilton_ | jan. , | | t. white | _cameleon_ | feb. , " | | t. inman | _kingstown_ | may , " | | t. inman | _bat_ | nov. , " | | t. white | _tiger_ | mar. , | | t. inman | _onyx_ |sept. , " | | t. white | _flying fish_ | " " | | t. white | _gertrude_ | oct. , | | t. white | _royal charlotte_ | " , " | | t. white | _active_ | " , " | | t. inman | _vixen_ | feb. , | | t. white | _ferret_ | mar. , " | | t. inman | _desmond_ | june , " | | t. inman | _harpy_ | oct. , " | | t. white | _asp_ | feb. , | | t. inman | _rose_ | " " | | t. inman | _adder_ | " " | | t. white | _neptune_ | june , | | t. white | _kingstown_ | oct. , " | | pinney & adams | ----------------------------+---------------+-----+-----------------+ ----------------------------+----------+-----------------+-----------------+ | | draft. |rate of sailing | name of cruiser. | where |--------+--------|per hour in knots| | built. |forward.| aft. |and fathoms. | ----------------------------+----------+--------+--------+--------+--------+ | |ft. ins.|ft. ins.| knots | fathoms| _royal george_ |lymington | Ã� | Ã� | | | _maria_ |lymington | -- | -- | -- | -- | _vulcan_ (steamer) |cowes | -- | -- | -- | -- | _hamilton_ |cowes | Ã� | Ã� | | | _cameleon_ |lymington | Ã� | Ã� | | -- | _kingstown_ |lymington | -- | -- | -- | -- | _bat_ |cowes | -- | -- | -- | -- | _tiger_ |lymington | -- | -- | -- | -- | _onyx_ |cowes | -- | -- | -- | -- | _flying fish_ |cowes | Ã� | Ã� | | | _gertrude_ |cowes | -- | -- | -- | -- | _royal charlotte_ |cowes | Ã� | Ã� | | | _active_ |lymington | Ã� | Ã� | | | _vixen_ |cowes | Ã� | Ã� | | -- | _ferret_ |lymington | -- | -- | -- | -- | _desmond_ |lymington | Ã� | Ã� | | -- | _harpy_ |cowes | Ã� | Ã� | | -- | _asp_ |lymington | -- | -- | -- | -- | _rose_ |lymington | Ã� | Ã� | | -- | _adder_ |cowes | Ã� | Ã� | [never tried] | _neptune_ |cowes | -- | -- | -- | -- | _kingstown_ |poole | Ã� | Ã� | -- | -- | ----------------------------+----------+--------+--------+--------+--------+ _n.b._--there is no information to show how the rate of sailing was assessed. we know not (a) whether the vessel was sailing on a wind or off; whether close-hauled or with the wind abeam; (b) whether the distance was taken from a measured mile reckoned between two fixed objects ashore; (c) what sail was set; whether reefed or not; (d) whether the speed was estimated by means of the old-fashioned log. it is probable that the last mentioned was the method employed, but in any one of these cases the rate given can only be approximate unless we know the force and angle of the wind at each trial trip. the non-nautical reader may be reminded in considering the rates given above that a knot is equivalent to fathoms or, more exactly, english feet. appendix v specification for building a cutter for the revenue service of thirty-five tons (_as built in the year _) length.--from stem to sternpost, feet. keel for tonnage, feet. breadth.--extreme from outside the plank, feet inches. depth.--from the upper-part of the main hatch-beam to the ceiling alongside the keelson, feet inches. keel.--the keel to be of good sound elm, in not more than two pieces, with hook and butt scarphs feet long, sided - / inches. depth aft inches, forward inches, with a false keel. stem.--to be of sound english oak, clear of sap and all other defects, sided - / inches, and to be sufficiently thick at the head to admit of a hole for the main stay. stern post.--to be of sound english oak, clear of sap and all other defects, sided - / inches. dead wood.--the dead wood both forward and aft to be of oak, clear of sap and all defects, except the two lower pieces which may be elm, and secured by a knee well bolted through the sternpost, and dead wood aft, and stem and dead wood forward. floors and futtocks.--to be sided - / and not more than inches apart. the lower futtocks sided - / inches, second futtocks , third futtocks , and toptimbers - / , stantions inches. the heels of the lower futtocks to meet on the keel, all the timber to be well grown and seasoned, clear of sap and other defects;--of english oak. keelson.--the keelson to run well forward and aft, of sound oak, clear of sap, sided inches and moulded inches midships. the ends moulded inches and sided inches. to be bolted through the floors and keel with / inch copper bolts well clenched on a ring, under the keel. stantions.--stantions sided inches at the gunwale and - / inches at the head, and so spaced as to form ports, each side inches in the clear, and the port lids hung with composition hooks and hinges to roughtree rail and one stantion between each port, or more if necessary. counter-timbers.--to be sided from - / to inches and the transoms well kneed. breast-hooks.--to have breast-hooks, one under the bowsprit sided inches, the others sided - / inches, all of the best english oak, with arms not less than feet long, clear of sap and other defects; the two lower ones to be bolted with copper bolts. the throat bolt to be / inch diameter, to go through the stem and clenched, and three in each arm of / , all well clenched on a ring. beams.--the beams to be good sound oak, clear of all defects, to round up - / inches. the beam before and the beam abaft the mast to be sided inches, and moulded inches, and not more than feet apart, and to have two wood lodging knees to each, also one iron hanging knee to each; the remainder of the beams to be sided inches, and moulded inches, and regularly spaced, and not more than three feet from centre to centre, with two inch dowels in each end, instead of dovetailing into the shelf-piece, with a / inch bolt through each dowel, and an inch and quarter hole bored in the end of all the beams inches in, and another from the under side to meet it, then seared with a hot iron to admit air. carlings and ledgers.--to have fore and aft carlings between each beam inches by - / , and a ledge - / by inches between the beams where required. the mast carlings to be good english oak, inches thick, and inches broad. wales and bottom plank.--the wales to be of english well-seasoned oak, inches thick, clear of all defects, with one strake of - / inches thick next under the wales, and one bilge strake of - / inch each side. the remainder of the bottom to be full inches thick when worked, all of sound english oak, except the garboard and one next to it which may be of elm; plank to work feet long with feet shifts, and two strakes between each butt: the first strake above the wales to be inches thick, the remainder inches, paint strake inches. spirketting.--the spirketting to be inches thick. waterways.--the waterways to be of english oak, inches thick, clear of sap and strakes, and not less than inches broad in any part. plansheer.--the plansheer of good english oak, full inches thick when worked, and to form the lower port sills. shelf pieces.--the shelf pieces to be fitted to the timbers instead of working it over the clamp, as heretofore, to be of good sound english oak, inches broad, - / inches thick, and bolted with / inch bolts, two feet apart, well clenched. clamps.--the clamps to be of good sound oak, inches broad and inches thick, fitted up to the under side of the shelf pieces. ceiling.--to have two strakes of inch oak on the floor and lower futtock heads, both sides, and the ceiling to be of - / inch oak, all english, as high as one foot above the lower deck; the remainder as high as the clamp, to be of red pine, clear of sap and other defects, / inch thick. channels.--the main channels to be of the best english oak, of sufficient breadth, to convey the rigging clear of the weather cloth rail, and - / inches thick with substantial chainplates with iron bound dead-eyes complete, on each side. the two lower bolts in each plate to be inch in diameter. no bolt in the chainplate through the channel as usual. the chainplates to be let their thickness into the edge of the channel, and an iron plate inches broad, and / inch thick, secured over all by small bolts - / inches long. ports.--to have ports on each side properly spaced, and the port lids hung with copper hooks and hinges. bulwark.--the bulwark to be of baltic red pine inch thick, to be worked in narrow strakes about inches broad. the edges grooved and tongued together, and not lined as usual, except from forward to bow port. roughtree rail.--to be of good clean, straight grained oak - / inches broad, and - / deep, to be fitted with a sufficient number of iron stantions - / inches long, with oak rail inches square for weather cloths. the roughtree rail to be feet high from deck. deck.--the upper deck to be of the best baltic red pine, full inches thick when worked, clear of sap, strakes, &c., and not more than inches broad each plank. the plank under, and between the bitts knees, to be english oak - / inches thick, the whole to be fastened with copper nails of sufficient length. bitts.--the bowsprit bitts to run down to the ceiling, with a bolt in the keel of each, and so placed that the bowsprit may be run aft clear of the mast larboard side. size of the bitts at the head fore and aft inches, thwartships inches, and to be the same size at lower part of deck, with a regular taper to heel. the windlass bitts to be sided inches, and left broad and high enough above the deck to admit of a patent pinion cog, and multiplying wheels to be fitted to windlass, with crank, handles, &c. to have good and sufficient knees to all the bitts. the bowsprit bitt knees sided inches, windlass bitt knees sided inches. windlass.--the barrel of the windlass to be of good sound english oak, clear of all defects, diameter in the middle inches, and fitted with patent iron palls, with two hoops on each end, and seasoned elm whelps - / inches thick, hollowed in the middle for chain cable inches long, taking care that it leads far from the hawse holes, to have iron plates let into the angles of the whelps. the iron spindle to be inches diameter, and to let into the barrel of the windlass inches, and to be fitted with pinion, cog, and multiplying wheels and crank handles, to have two windlass ends not more than a foot long each; care must be taken not to cut the handspike holes where the chain cable works. scuppers.--to have oval lead scuppers, each side, by - / inch in the clear. eye plates.--to have two stout iron eye plates, both sides forward for bowsprit, shrouds, &c. with two bolts in each, and three plates both sides for runners and tackles aft, the eyes to reach up to the top of roughtree rail, and to have a good strong iron hanging knee each side to the beams abreast the runners. hatchways.--the main hatchway to be feet broad and feet fore and aft in the clear. the combins inches thick and inches broad, let down on carlings inches thick and - / inches broad. skylights.--to be fitted with two skylights with plate glass and copper guard, commanders to be feet long and feet broad; mates skylight feet square, with plate glass, copper bars / diameter. illuminators.--to have oblong inch illuminators let into the deck where most required, and a inch patent one over the water closet. winch.--to have a patent winch round the mast, and the mast to be wedged in the partners. pumps.--to be fitted with two metal bilge pumps - / inch chamber and everything complete; also one metal pump amidships with inch chamber, and two sets of brass boxes, and everything requisite; also a wash deck pump fitted aft. rudder.--to have a good and sufficient rudder with two sets of metal pintles and braces, and one iron pintle and brace at the head of the sternpost above the deck, and to be fitted with two good tillers. companion.--to be fitted with a companion and bittacle complete. hawsepipes.--to have two stout cast iron hawsepipes for chain cable inches in the clear, also two cast iron pipes in the deck with bell mouth, to conduct the chain cable below. lower deck.--the lower deck beams to be regularly spaced and not more than feet apart, the deck to be - / inches thick, of good red pine, the midships part feet broad, to be fastened to the beams, also some of the side plank, the remainder made into hatches, the edges bolted together with / inch iron, the deck and cabin floor abaft, main hatch to be inch thick, and made into hatches where required. magazine.--to have a magazine abaft, properly fitted and lined on the inside with lb. lead, and double doors with copper hinges and lock to the outside door. bread room.--to have bread rooms and flour bins lined with tin as usual. galley.--the galley under the fire hearth to be coppered with oz. sheet copper feet square, and the under part of the upper deck, beams, &c.; over the boilers feet square, to be leaded with lb. lead. lockers and bins.--to be fitted with store bins and lockers from the bows to the cabin bulkheads between decks. bulkheads.--to have bulkheads between decks for commander's cabin, state room, and all other bulkheads, as is customary for a revenue cruiser of the rd class, with all drawers, cupboards, bed-places, tables, wash-stands, &c. complete. the cabin bulkheads to be framed in panels, all hinges to be brass with brass pins. bulkheads, hold.--to have bulkheads in the hold, for coals, stores, casks, chain cables, &c., and an opening of one inch left between each plank to give air, except the coal-hole which must be close. ladders.--to have a main hatch, fore hatch, and cabin ladder complete. cleats.--to be fitted complete, with all cleats, cavels, snatch cleats with shieves, brass coated belaying cleats, and racks with belaying pins, &c., and an iron crutch on taffrail for the boom. fastenings.--the whole of the plank to be fastened with good well seasoned treenails, and one / inch copper bolt in every butt from the keel up to the wales, to go through and clench on a ring on the ceiling, and the treenails drove through the ceiling, wedged on the inside and caulked outside. ring and eye bolts.--to be fitted with all necessary ring and eye bolts, as customary for a revenue cruiser. legs.--to have substantial oak legs properly fitted. paint.--the whole of the wood work inside and out to have three coats of the best paint, well put on. hull.--the hull to be completed in every respect as a revenue cruiser of the rd class, and all materials found by the contractor, except copper sheathing for the bottom and water-closets, with all shipwrights', caulkers', joiners', blacksmiths', copper-smiths', braziers', glaziers', plumbers' and painters' work. cathead.--to have an iron cathead with two shieves strong enough to cat the anchor, and fitted both sides. cock.--to have a stop cock fitted forward under the lower deck, to let in water occasionally. water-closet.--to have a patent water-closet of danton's fitted below, and a round-house on deck, aft starboard side complete, with a pantry for meat, the larboard side to correspond with the round-house, and a poop deck between both, nailed with copper nails; also a seat of ease on the larboard side forward for the crew, with lead pipe to water edge; the whole of the locks throughout to be brass and brass works. air openings.--an inch opening to be left all fore and aft under the clamp both sides, also in the ceiling between the lower deck beams, and another in the upper part of the bins, and one inch auger hole bored between the timbers in the run aft and forward where lists cannot be left out, also a hole of one inch in all the timbers, fore and aft, to admit air, and those holes seared with a hot iron; all chocks for securing the frame timbers together are to be split out before the bottom plank is worked. the cutter to remain in frame for one month before closed in, then when the outside plank is worked and all the sap taken off the timbers, and before the ceiling is worked, to give the timbers a good coat of stockholm tar. should there be any omission or want of more full statement in this specification, the contractor is to understand that the hull of the said vessel is to be fitted and completed fit for sea in every respect as is usual for a revenue vessel of her class, the board finding the copper sheathing and water-closet. defects to be amended.--any defects discovered in the timbers or plank, &c., by the officer or overseer appointed by the honourable board of customs to survey and inspect the same, or insufficient workmanship performed to the said cutter during her building, the said defect or deficiency both in the one and in the other, shall upon notice thereof to the contractor be forthwith amended, and the said overseer shall not at any time have any molestation or obstruction therein. _note._--for a -ton revenue cutter the following dimensions were employed:-- length.--(stem to sternpost) feet. keel for tonnage, feet. breadth.--(extreme) feet inches. depth.-- feet inches. beams to be inches. deck to be inches thick. four oak legs to be supplied appendix vi dimensions of spars of revenue cutters the following list shows the length and thickness of mast, boom, bowsprit, gaff, topmast, and spread-yard [_i.e._ the yard on which the square-sail was set] as used in the revenue cutters of different sizes from to tons. the dimensions given below were those in vogue in the year . --------------+----------+----------+----------+----------+----------+ spar. | tons.| tons.| tons.| tons.| tons.| --------------+----------+----------+----------+----------+----------+ | ft. ins. | ft. ins. | ft. ins. | ft. ins. | ft. ins. | mast | Ã� | Ã� | Ã� | Ã� ½ | Ã� ¾ | boom | Ã� ¼ | Ã� | Ã� | Ã� ½ | Ã� ¾ | bowsprit | Ã� ¾ | Ã� ½ | Ã� | Ã� ¼ | Ã� ½ | gaff | Ã� ¾ | Ã� ½ | Ã� ¾ | Ã� ½ | Ã� ¼ | topmast | Ã� ¾ | Ã� ½ | Ã� ¾ | Ã� ½ | Ã� ¼ | spread-yard | Ã� ¼ | Ã� ½ | Ã� ¼ | Ã� ¾ | Ã� ½ | --------------+----------+----------+----------+----------+----------+ --------------+----------+----------+----------+----------+ spar. | tons. | tons. | tons. | tons.| --------------+----------+----------+----------+----------+ | ft. ins. | ft. ins. | ft. ins. | ft. ins. | mast | Ã� | Ã� | Ã� ½ | Ã� | boom | Ã� ½ | Ã� | Ã� ¾ | Ã� ½ | bowsprit | Ã� | Ã� ¼ | Ã� ¾ | Ã� | gaff | Ã� | Ã� ¾ | Ã� ½ | Ã� | topmast | Ã� | Ã� ¾ | Ã� ½ | Ã� | spread-yard | Ã� | Ã� ¾ | Ã� ¼ | Ã� | --------------+----------+----------+----------+----------+ appendix vii list of the cruisers in the revenue coastguard of the united kingdom in the year -----------------------+----------+----------------------+----------+ name of cruiser | number | name of cruiser | number | | of crew. | | of crew. | -----------------------+----------+----------------------+----------+ _shamrock_ | | _badger_ | | _kite_ | | _skylark_ | | _swift_ | | _petrel_ | | _prince of wales_ | | _racer_ | | _wickham_ | | _hamilton_ | | _greyhound_ | | _chance_ | | _prince albert_ | | _harriett_ | | _royal george_ | | _rose_ | | _mermaid_ | | _adder_ | | _adelaide_ | | _rob roy_ | | _wellington_ | | _eliza_ | | _harpy_ | | _jane_ | | _royal charlotte_ | | _experiment_ | | _stag_ | | _albatross_ | | _defence_ | | _asp_ | | _eagle_ | | _frances_ | | _lapwing_ | | _arrow_ | | _sylvia_ | | _viper_ | | _victoria_ | | _neptune_ | | _lively_ | | _sealark_ | | _vigilant_ | | _hind_ | | _active_ | | _liverpool_ | | _cameleon_ | | _maria_ | | _fox_ | | _sylph_ | | _dolphin_ | | _gertrude_ | | _scout_ | | _governor_ | | _tartar_ | | _nelson_ | | _hawke_ | | _princess royal_ | | _ranger_ | | _ann_ | | _nimble_ | | _fairy_ | | _desmond_ | | _ferret_ | | _sprightly_ | | _lady of the lake_ | | _lion_ | | _vulcan_ (steamer) | | -----------------------+----------+----------------------+----------+ _note_.--the size of the above varied from tons to tons. but the ss. _vulcan_ was of tons. appendix viii no better instance of the strained relationship existing between the royal navy and the revenue service could be found than the following. it will be seen that the animosity had begun at any rate before the end of the seventeenth century and was very far from dead in the nineteenth. the first incident centres round captain john rutter, commander of "one of the smacks or sloops in the service of the customs about the isle of wight." he stated that on april , , about eight o'clock in the evening, he went on board to search the ship _portland_ at spithead, the latter having arrived from france with a cargo of wine. at the same time there put off the long boat from admiral hopson's _resolution_ demanding four hogsheads and four tierces, which (said rutter) "i denied, but however they took it out by force and carried it on board." rutter then went on to the _resolution_ and there found the wine lying on deck. the admiral sent for him aft, and said that he would see the wine forthcoming, for he would write to the commissioners of customs. some time afterwards rutter was ashore at portsmouth in company with captain foulks, who was one of the officers stationed on land. the latter informed rutter that he was a rogue for having informed against the admiral. foulks drew his sword, and, had he not been prevented, would have murdered rutter. apparently admiral hopson never forgave rutter. for, some months later, rutter was riding off portsmouth "with my pendent and colours flying, rejoicing for the happy arrival of his maty." hopson was being rowed ashore, and when near "my yacht ordered my pendent to be taken down. i being absent, my men would not do it without my order, whereon he sent his boat on board and one of his men took it down. i coming on board to goe upon my duty ordered it to be hoysted again and imediately he sent his boat with one of his lieutenants to take it down again with a verball order which i refused to lett him do, but by strength overpowered me and my company and took it down by force, and beat us to ye degree yat i know not whether it may not hazard some men's lives, which i acknowledge i did not wear it in contempt, and if he had sent another time i would readily have obeyed his order. now i humbly conceive that it was merely out of malice as i can prove by his own mouth." arising out of this incident, a letter was sent from the admiralty to the portsmouth custom house and signed by "j. burchett." the latter opined that it was not a fault for the custom house smacks to wear a pendant, but pointed out that the proclamation of obliged the custom house smacks to wear such a pendant as was distinct from the king's "as well as their jacks and ensigns." furthermore he suggested that it had always been customary to strike such pendant when in sight of an admiral's flag, especially if demanded. the second incident occurred on february , . the commanding officer of h.m. armed vessel _sentinel_ was lying in shields harbour. he sent word to a man named stephen mitchell, who caused the watch of the revenue cutter _eagle_ to hoist the _eagle's_ pendant half-mast. mitchell naturally replied that he dared not do so without his captain's orders. mitchell, therefore, sent to his captain, george whitehead, but before the latter's arrival the pendant was hauled down and carried on board the _sentinel_ with threats that whitehead should be prosecuted for wearing a pendant. whitehead accordingly wrote to the collector and controller of the customs at newcastle to lodge a complaint. the latter, in turn, wrote to lieut. w. chester, r.n., commanding this _sentinel_ gun-brig asking for an explanation. the naval officer replied by referring them to articles and of the admiralty instructions regarding ships or vessels in the service of any public office, by which it was ordered that they should wear the same ensign and jack as ships having letters of marque, except that in the body of the jack or ensign there should be likewise described the seal of the office they belonged to. all vessels employed in the service of any public office were forbidden to wear pendants contrary to what was allowed, and officers of ships-of-war were permitted to seize any illegal colours. chester contended that the _eagle_ was hailed and requested to lower her colours half-mast, as an officer of the navy was being interred at south shields, and all the other vessels in the harbour "had their colours half staff down" except the _eagle_. because the latter refused, chester requested her mate to come on board the _sentinel_, as the former wished to explain why the colours should be lowered. an officer was thereupon sent on board the _eagle_ to haul them down. chester demanded an apology for the disrespect to the deceased officer. and one could easily quote other similar instances between h.m.s. _princess_ and the revenue cutter _diligence_: and h.m. gun-brig _teazer_ and the revenue cruiser _hardwicke_. printed by ballantyne, hanson & co. edinburgh & london * * * * * typographical errors corrected in text: page : seizurss replaced by seizures. page : "waved us to keep of" replaced with "waved us to keep off" trade and travel in the far east; or recollections of twenty-one years passed in java, singapore, australia, and china. by g. f. davidson. london: madden and malcolm, leadenhall street. . london: printed by madden and malcolm, leadenhall street. preface. the following pages were written to beguile the tediousness of a long voyage from hong kong to england, during the spring and summer of . when i state, that the whole was written with the paper on my knee, for want of a desk, amid continual interruptions from three young children lacking amusement during their long confinement on ship-board, and with a perpetual liability to be pitched to leeward, paper and all,--i shall have said enough to bespeak from every good-natured reader a candid allowance for whatever defects may attach to the composition. it is necessary, however, that i should also premise, that the sketches are drawn entirely from memory, and that the incidents referred to in the earlier chapters, took place some twenty years ago. that my recollection may have proved treacherous on some minor points, is very possible; but, whatever may be the merits or demerits of the work in other respects, it contains, to the best of my knowledge and belief, nothing but truth in the strictest sense of that term; and, as imbodying the result of my own personal observations in the countries visited, it may possess an interest on that account, not always attaching to volumes of higher pretensions. my wanderings have been neither few nor short, and, perhaps, verify the old proverb, that a rolling stone gathers no moss. i have crossed the ocean in forty different square-rigged vessels; have trod the plains of hindostan, the wilds of sumatra, and the mountains of java; have strolled among the beautiful hills and dales of singapore and penang; have had many a gallop amid the forests and plains of australia; have passed through the labyrinth of reefs forming torres' straits; and have visited the far-famed celestial empire. my first idea, in endeavouring to retrace my journeyings and adventures, was, that the personal narrative might serve to amuse a circle of private friends. but the notices relating to the openings for trade in the far east, and to the subject of emigration, together with the free strictures upon the causes of the recent depression in our australian colonies, will, i venture to hope, be not unacceptable to those who are interested in the extension of british commerce, and in the well-being of the rising communities which form an integral part of the mighty empire now encircling the globe. some parts of the work refer to coming events as probable, which have since become matters of fact; but i have not deemed it necessary to suppress or to alter what i had written. i am more especially happy to find that my suggestions respecting borneo have, to some extent, been anticipated; and that the important discovery of its coal-mines has been taken advantage of by her majesty's government in the very way pointed out in observations written at sea fifteen months ago. since my arrival in england, i have learned also, that the feasibility of the navigation of torres' straits from west to east, has struck others more competent to form a correct judgment than myself. captain t. blackwood, commander of her majesty's ship, fly, at present employed in surveying the coast of new holland, the straits, and parts adjacent, has expressed his determination, after refitting at singapore, to endeavour to enter the pacific ocean, during the north-west monsoon, by sailing through torres' straits from the westward. i trust that this enterprising officer will succeed in the attempt, and thereby put beyond question the practicability of the passage; which would not only shorten the distance between australia and our indian territories, but contribute, more than any thing else could do, to facilitate the transit of the overland mail to sydney. the australians, i find, are still sanguinely bent upon discovering an overland route from the present frontiers of the colony to port essington; but, although i heartily wish them success, my opinion, as expressed in the subsequent pages, remains unaltered. i observe, that the singaporeans are already complaining of the decrease of the number of square-rigged vessels that have visited their port during the recent season, and of the falling-off of the chinese-junk trade, which they correctly attribute to the opening of the trade with china; thereby verifying my predictions. i fear that they will have still greater cause for complaint before twelve months shall have rolled away. but the merchants of singapore, it gives me pleasure to add, are taking advantage of the times, by entering upon the china trade, and seem determined not to suffer loss, if they can help it, by the effect of sir henry pottinger's famous treaty. this is as it should be. with these few remarks on the motives which have induced me to write and give to the world the following sketches, i now commit them to their fate; trusting that they may serve to beguile an hour, to some of my numerous friends in the different parts of the world they refer to, and that, to the reader unacquainted with those countries, they may prove both useful and entertaining. before taking leave of the reader, however, i must apologize for an unfortunate error my printer has fallen into, (at p. note), in misprinting the name of mr. mercus, one of the best men that ever ruled a colony, whether dutch or english. this name has been converted into minns; and the error was not detected, till the sheet had passed through the press. as for the critics.--for any kind or friendly remarks they may make, i shall feel grateful; while any of a contrary nature will neither surprise nor displease me. hull, _january _. contents. preface p. i chapter i. java. first impressions of batavia--narrow policy of the government--description of the town and neighbourhood--roads and posting system--state of society--climate and seasons--tropical fruits chapter ii. java. samarang--a tiger fight--java poneys--excursion to solo--wild sports--djockdjocarta--remains of the ancient palace--imperial elephants--experiment in indigo-planting--javanese execution--a pet boa--alligators--forest labour--slavery in java--opium-smoking--tea--the upas-tree chapter iii. singapore. advantageous position of singapore--cultivation of the nutmeg and cocoa-nut--roads and scenery-- motley population--european residents--chinese emigrants--klings--sampan-men--places of worship--tigers chapter iv. singapore. trade of singapore--chinese traders--bugis traders--siamese and cochin chinese--arab smugglers--borneo--trade with calcutta-- commercial prospects. chapter v. dutch settlements. dutch settlement of rhio--island of banca-- bencoolen--padang--chinese slave-trade--native tribes of sumatra--pepper trade chapter vi. malacca and penang chapter vii. calcutta. first view of calcutta--state of society-- mercantile changes--unpleasant climate--sights at and near calcutta--improvements in transit and navigation--custom-house nuisance--pilot service--character of the bengalees--river steamers chapter viii. new south wales. voyage from singapore to sydney--port jackson--first impressions produced by sydney--the public-house nuisance--sydney juries--cattle-dealers--town improvements--lawyers, doctors, and clergy chapter ix. new south wales. township of maitland--the paterson district--winter sports--the kangaroo--australian husbandry--convict servants--benefit of enforcing an observance of sunday--the hot season chapter x. new south wales. bush-rangers--the drought of - --the settler's troubles--ornithology of australia--aboriginal tribes chapter xi. new south wales. the hot winds--projected mail-road from sydney to port essington--sheep-farms--grazing in australia--horse-stock chapter xii. new south wales. causes of the recent distresses--conduct of the banks--mania for speculation--long-account system--bad seasons chapter xiii. new south wales. elements of prosperity still existing--hints to the colonists--future prospects chapter xiv. new south wales. classes of society in sydney--disappointment of emigrants--characteristics of irish and british emigrants--availableness of chinese labourers--australian coal monopoly--torres' straits the best passage for steamers--botany bay--passage from sydney to batavia chapter xv. china. description of macao--its mongrel population-- frequency of robberies--piracies--compradore system--papuan slave-trade--market of macao-- nuisances--sir henry pottinger's regulation defended--illiberal policy of the portuguese, and its result--boat-girls--beggars--picturesque scenery chapter xvi. china. advantageous position of hong kong--the opium trade--importance of the station in the event of a fresh war--chusan--how to raise a revenue-- causes of alleged insalubrity--rapid progress of the settlement--picturesque scenery-- markets--sanatory hints chapter xvii. china. first view of canton--description of the european quarter--hostile feelings of the people--commercial prospects of canton--amoy--foo chow--ningpo-- shang-hae--mr. medhurst--results of the treaty with china chapter xviii. necessity of appointing british consuls in the spanish and dutch colonies--new settlement on the western coast of borneo--important discovery of coal on the north-west coast--concluding remarks appendix i. plan for the acceleration of the china mails (_i. e._ their conveyance from _suez viâ ceylon_ to _hong kong direct_) appendix ii. memorandum on borneo, and mr. brook's settlement on that island trade and travel in the far east. chapter i. java. first impressions of batavia--narrow policy of the government--description of the town and neighbourhood--roads and posting system--state of society--climate and seasons--tropical fruits. early in the year , i left england, quite a youngster, full of life and spirits, bound for that so-called grave of europeans, batavia. of my passage out, i shall say nothing more, than that it lasted exactly five months, and was, in point of wind and weather, similar to nine-tenths of the voyages made to the same region. well do i remember the th of october , the day on which i first set foot on the lovely and magnificent island of java. how bright were then my prospects, surrounded as i was with a circle of anxious friends, who were not only able, but willing also, to lend me a helping hand, and who now, alas! are, to a man, gone from me and all to whom they were dear. i was then prepared--i might say determined--to be pleased with every thing and every body. at this distance of time, i can scarcely remember what struck me most forcibly on landing; but i have a vivid recollection of being perfectly delighted with the drive, in a light airy carriage drawn by two spirited little java poneys, from the wharf to the house of the friend with whom i was to take up my abode. the pluck with which those two little animals rattled us along quite astonished me; and the novel appearance of every thing that met the eye, so bewildered and delighted me, that i scarcely knew how to think, speak, or act. what a joyous place was batavia in those days, with every body thriving, and the whole town alive and bustling with an active set of merchants from all parts of the world! the dutch government, at that time, pursued a more liberal system than they have of late adopted; and, instead of monopolizing the produce of the island, sold it by public auction regularly every month. this plan naturally attracted purchasers from england, the continent of europe, and the united states of america, who brought with them good spanish dollars to pay for what they purchased; so that silver money was as plentiful in netherlands india, in those days, as copper doits have since become. the enlightened individual who now governs java[ ] and its dependencies, is, i have good reason to think, opposed to the monopolizing system pursued by his government: his hands, however, are tied, and he can only remonstrate, while the merchants can but pray that his remonstrances may be duly weighed by his superiors. java exports one million _peculs_[ ] of coffee per annum, one million _peculs_ of rice, and one million _peculs_ of sugar; besides vast quantities of tin, pepper, hides, indigo, &c. were its trade thrown open to fair competition, as formerly, it is as certain that his majesty the king of the netherlands would be a gainer, as that his adopting the more liberal system would give satisfaction to every mercantile man connected in any way with his east-indian possessions. the experience of the last three years ought to have taught his majesty this lesson; and we may hope he will take warning from the miserable result of his private speculations during that period. batavia is not the unhealthy place it has been usually deemed. the city itself is certainly bad enough; but no european sleeps a single night in it out of a twelvemonth. [footnote : . his excellency mr. minns, since dead.] [footnote : a _pecul_ is a chinese weight used all over the eastern archipelago, and is equal to - / lbs. avoirdupoise.] from four to five o'clock every evening, the road leading from the town to the suburbs is thronged with vehicles of all descriptions, conveying the merchants from their counting-houses to their country or suburban residences, where they remain till nine o'clock the next morning. these country residences are delightfully situated to the south of batavia, properly so called, extending inland over many square miles of country. every one of them has a garden (called here a compound) of considerable extent, well stocked with plants, shrubs, and trees, which serve to give them a lively and elegant appearance, and to keep them moderately cool in the hottest weather. servants' wages being very low here, every european of any respectability is enabled to keep up a sufficient establishment, and to repair to his office in his carriage or hooded gig, in which he may defy the sun. many of them, particularly dutchmen, have an imprudent practice of driving in an open carriage, with an umbrella held over their heads by a native servant standing on the foot-board behind his master. having resided several years in the suburbs of batavia, i have no hesitation in saying, that, with common prudence, eschewing _in toto_ the vile habit of drinking gin and water whenever one feels thirsty, living generously but carefully, avoiding the sun's rays by always using a close or hooded carriage, and taking common precautions against wet feet and damp clothing, a man may live--and enjoy life, too--in batavia, as long as he would in any other part of the world. many people may think this a bold assertion; nevertheless, i make it without fear of contradiction from any one acquainted by experience with the country. one great and invaluable advantage over all our eastern colonies, batavia, in common with every part of java, possesses, in the facilities that exist for travelling from one part of the island to another. throughout java, there are excellent roads, and on every road a post establishment is kept up; so that the traveller has only to apply to the post-master of batavia, pointing out the road he wishes to travel, and to pay his money according to the number of miles: he obtains, with a passport, an order for four horses all along his intended line of route, and may perform the journey at his leisure, the horses, coachmen, &c. being at his command night or day, till he accomplishes the distance agreed for. thus, a party going overland from batavia to samarang, a distance of three hundred miles, may either perform the journey in three days, or extend it to three weeks, should they wish to look about them, and to halt a day or two at various places as they go along. in no part of british india is there any thing approaching to such admirable and cheap facilities for travelling. and what an inestimable blessing they are to the batavian invalid, who can thus, in a few hours, be transported, with perfect ease and comfort, into the cool and delightful mountainous regions of java, where he may choose his climate, by fixing himself at a height varying from one thousand to seven thousand feet above the level of the sea! java, from east to west and from north to south, is a favourite region with me, and, i believe, with every englishman who ever visited it. gin and brandy have killed five-sixths of all the europeans who have died in batavia within the last twenty years; but with pleasure i can add, that this destructive habit has almost entirely disappeared: hence the diminished number of deaths, and the more robust and ruddy appearance of the european inhabitants. the surrounding country is both salubrious and beautiful, rising gradually as you proceed inland, till you reach buytenzorg, forty miles s.s.e. of batavia, where the governor-general of netherlands india generally resides, in a splendid palace, surrounded with extensive and magnificent gardens. the climate is cool and pleasant, more particularly in the mornings and evenings, and the ground is kept moist by daily showers; for it is a singular fact, that scarcely a day in the year passes without a shower in this beautiful neighbourhood. buytenzorg is a favourite resort of the merchants of batavia, who take advantage of the facilities for travelling to visit it on the saturday afternoon, remaining the whole of sunday, and returning to town, and to the renewal of their labours, on the following morning. the scenery is magnificent; and the view (well known to every visiter) from the back verandah of the inn, is the finest that can be imagined. standing on the steps of this verandah, you have, immediately under your foot, an extensive plain, thoroughly cultivated, sprinkled with villages, each village being surrounded with evergreen trees, and the whole almost encircled by a river. to the left of this valley rises an extensive and picturesque mountain, cultivated almost to the summit, and dotted here and there with villages and gentlemen's houses. looking into the valley at early morn, you will see the lazy buffalo, driven by an equally indolent ploughman, dragging a lilliputian plough through the slimy paddy-field; the lazy javanese labourer going to his work in the field; the native women reaping, with the hand only, and stalk by stalk, the ripe paddy (rice) in one field, while those in the next are sowing the seed; the adjoining fields being covered with stubble, their crops having been reaped weeks before. upon the declivity of the mountain is seen the stately coffee-tree, the plantations of which commence about feet above the level of the sea, and proceed up the hill till they reach the height of feet. nothing can be more beautiful than a full-grown coffee-plantation: the deep green foliage, the splendid bright-red berry, and the delicious shade afforded by the trees, render those spots altogether fit for princes; and princely lives their owners lead. one is always sure of a hearty welcome from these gentlemen, who are ever glad to see a stranger. they give him the best horse in the stable to ride, the best room in the house to occupy, and express regret when his visit is drawing to a close. i speak from experience, having put the hospitality of several of them to the test. during my first stay at batavia, from to , the celebrated java war broke out, the so-called rebel army being headed by a native chief of djockdjocarta, named diepo nogoro. shortly after the first outbreak, the then governor-general, baron vander capellen, called on all europeans between the ages of sixteen and forty-five to serve in the _schuttery_, or militia. an infantry and a cavalry corps were formed, and i joined the latter, preferring a ride in the evening to a walk with a fourteen-pound musket over my shoulder. after a probation of pretty tight drilling, we became tolerable soldiers, on "nothing a day and finding ourselves," and had the good town of batavia put under our charge, the regular troops being all sent away to the scene of war. as i do not intend to return to the subject, i may as well mention here, that the war lasted five years, and that it would have lasted five years longer, had diepo nogoro not been taken prisoner--i fear by treachery. i saw him landed at batavia, in , from the steamer which had brought him from samarang. the governor's carriage and aides-de-camp were at the wharf to receive him. in that carriage he was driven to gaol, whence he was banished no one knows whither; and he has never since been heard of. such is the usual fate of dutch prisoners of state! diepo nogoro deserved a better fate. he was a gallant soldier, and fought bravely. poor fellow! how his countenance fell--as well it might--when he saw where the carriage drew up! he stopped short on putting his foot on the pavement, evidently unwilling to enter the gloomy-looking pile; cast an eager glance around; and, seeing there was no chance of escape, walked in. several gentlemen followed, before the authorities had the door closed, and saw the fallen chief, with his _two wives_, consigned to two miserable-looking rooms. java has been quite tranquil ever since. the society of batavia, at the time i am referring to, was both choice and gay; and the influence of my good friends threw me at once into the midst of it. the dutch and english inhabitants did not then (nor do they now) mix together so much as would, in my opinion, have been agreeable and mutually advantageous. a certain jealousy kept the two parties too much apart. nevertheless, i have been present at many delightful parties in dutch families, the pleasures of which were not a little heightened by the presence of some ten or a dozen charming dutch girls. charming and beautiful they certainly are while young; but, ere they reach thirty, a marvellous change comes over their appearance: the fair-haired, blue-eyed, laughing romp of eighteen has, in that short period of ten or twelve years, become transformed into a stout and rather elderly-looking matron, as unlike an english woman of the same age as one can well fancy. when i look back on those gay and pleasant parties, and think how few of the individuals who composed them are now alive, the reflection makes me sad. what a different class its english inhabitants of the present day are from those of - ! i may be prejudiced in favour of the former state of society; but, in giving the preference to it, i shall be borne out by any of the few survivers who knew batavia at both periods. from to , the governor's parties were thronged with our countrymen and countrywomen. let any one enter his excellency's ball-room now-a-days, and he will not meet with more than one or two english of the old school, and not one of the new. the causes of this change are obvious: it arises from the different class of people that now come out from liverpool, manchester, and glasgow, compared with the british merchant of former times, and from the total deficiency of the most common civility, on the part of our countrymen, towards the many highly respectable, agreeable, and intelligent dutch families that form the society of the place. it is with pain i write this; but, as a citizen of the world, who has seen a good deal of life, in recording my sentiments on these matters, i cannot avoid telling the plain truth as it struck me from personal observation. the vicinity of batavia affords the most beautiful drives; and hundreds of vehicles, from the handsome carriage and four of the member of council to the humble buggy of the merchant's clerk, may be seen every evening, from five till half-past six, that being the coolest and best time for taking out-of-door exercise. the roads are excellent, lined on both sides with trees, which keep them shaded and cool nearly all day. the scene is altogether gay, and affords a gratifying indication of the wealth and importance of this fine colony. by seven o'clock, the drives are deserted; and, immediately afterwards, lights may be seen glittering in every dwelling in the neighbourhood, while, in every second or third house, the passer-by may observe parties of pleasure assembling for the evening. the dutch have adopted the social plan of exchanging friendly visits in the evening, avoiding our more formal ones of the morning. at these chance evening parties (if i may so term them), the company are entertained with music and cards, and other diversions; and should the visiter be too old to join the young folks in their gayety, he will find one or two of his own standing snugly seated in the far corner of the verandah, where he is sure to be supplied with a good cigar and the very best wine. these groupes are perfect pictures of comfort and content. with all his good qualities, however, "john dutchman" is jealous of "john bull," and cannot help shewing it, particularly in commercial matters. how short-sighted his policy is, in this point of view, it would be no difficult task to prove. the pleasantest months of the year, in batavia, are, june, july, and august, when the sun is to the northward. i have frequently found a blanket necessary at this season: indeed, the nights, throughout java, are generally sufficiently cool to allow the european to enjoy a refreshing sleep, after which he will find no difficulty in getting through a hot day. the public health is generally very good from may till september inclusive. in april and october, strangers, particularly the recently arrived european, are apt to suffer from colds and fever, caused, in a great measure, by the breaking-up of the monsoon, which takes place in those months. in november or december, the north-west monsoon brings on the rains, which certainly then come down in torrents, and render the city of batavia a perfect charnel-house for those poor natives and chinese who are unfortunately compelled to remain in it. i have seen it entirely flooded with water, to the depth of four or five feet in some parts. the malaria occasioned by the deposit of slimy mud left all over the town by the water, on its retiring, causes sad havoc among the poorer chinese and malays, who reside in the lowest parts of the town, and inhabit wretched hovels. these floods seldom annoy the inhabitants of the suburbs; yet i well remember, in the season of , a friend of mine lay down on a sofa and went to sleep, about eight o'clock in the evening: at three next morning, he awoke with the water just reaching his couch, much to his surprise and no small alarm, till, on becoming collected, he bethought him of the cause. the neighbouring river had risen, from mountain rains, whilst he was asleep, and had completely flooded his house, to the depth of eighteen inches, together with the garden and neighbourhood. i know no market, east of the cape of good hope, better supplied with fruit than that of batavia. among the choicest, i would name the mangistan, the durian, and the pumaloe or shaddock. the first is unknown beyond eight degrees from the equator, and is, perhaps, the best fruit with which nature has blessed the tropical regions. it is about the size of an orange, its rind of a dark purple, and its pulp divided into parts like the contents of an orange, as white as driven snow. its taste i cannot attempt to describe, knowing nothing to which i can compare it. the best quality of the mangistan is its perfect harmlessness. the patient suffering from fever, liver complaint, consumption, or any of the numerous ills that flesh is heir to, may, with perfect impunity, cool his parched tongue with a dozen of this delightful fruit; and no one who has not been laid on a sick bed within the tropics, can appreciate this blessing. the rind, when dried, and made into tea, is an excellent tonic, and is often successfully used in cases of dysentery, by native as well as european practitioners. the durian is a favourite fruit with most people who can overcome its smell, which certainly is no very easy matter. natives of all classes are passionately fond of this fruit, and almost subsist on it when in plenty. strange to say, goats, sheep, poultry, and even the royal tiger, eagerly devour the durian, of which i confess myself, notwithstanding the aforesaid smell, an admirer, in common with many of my countrymen. its size is that of a cocoa-nut, husk and all; its rind is very thick, of a pale green colour, and covered with strong sharp thorns; its interior is divided into compartments, each of which contains three or four seeds about the size of a pullet's egg; these seeds are covered, to the thickness of a quarter of an inch, with a pale yellow pulp, which is the part eaten. the taste resembles, according to the description of those who like the fruit, that of a very rich custard, and, according to those who have never succeeded in overcoming their antipathy to the smell, that of a mixture of decayed eggs and garlic. this fruit cannot be eaten in large quantities with impunity by europeans, being of a very heating nature. with me it never agreed; nor do i remember a single instance of its agreeing with my countrymen, when eaten freely. half a one is as much as most people can manage at a time. the durian seeds, when roasted, make an excellent substitute for chestnuts. the shaddock of java is a magnificent fruit, and surpasses those of any other country with which i am acquainted. in addition to these three prime fruits of java, i may mention the pine-apple, soursop, rambutan, rose-apple, guava, dookoo, and sixty different kinds of plantain and banana. these, and many others, thrive and abound on this favoured island. with poultry, butchers' meat, fish, and vegetables, batavia and java generally are abundantly supplied; while the residents on its mountains may enjoy strawberries and cream in perfection. chapter ii. java. samarang--a tiger fight--java poneys--excursion to solo--wild sports--djockdjocarta--remains of the ancient palace--imperial elephants--experiment in indigo-planting--javanese execution--a pet boa--alligators--forest labour--slavery in java--opium-smoking--tea--the upas-tree. between three and four hundred miles eastward of batavia, on the north coast of java, is the small, neat, old-fashioned town of samarang, which, when i visited it in , was the residence of several english merchants: now, there is only a single one remaining, so completely has monopoly destroyed mercantile enterprise! the harbour is a safe one in the south-east monsoon, but the reverse when the north-west winds prevail. it is, however, constantly visited by european shipping, which take cargoes of coffee, sugar, rice, &c. &c., to all parts of europe, australia, singapore, and china. the circumstance at this distance of time most clear and distinct in my memory, in connection with my first visit to samarang, is a tiger-fight, which i will attempt to describe. the exhibition took place on an extensive plain near the town, just after daybreak. a square of men, armed with the native spear, was formed three deep, and one hundred yards across. inside this square was placed a box resembling in shape a coffin, but much larger, containing a royal tiger fresh from his native forests, which had been brought to town the day previously for this express purpose. imagine every thing ready, the square formed, the box in its centre, and a silent multitude looking on,--some perched on trees, some on the coach-boxes of the numerous carriages, others on horseback, and thousands on foot; whilst the native chief of the district, with his friends, and the european officials of the place, occupied a gay pavilion, placed in an advantageous situation for viewing the coming strife. a native javan, in full dress, is now seen advancing into the square, followed by two coolies or porters, one carrying a bundle of straw, the other a lighted torch. the straw is thrown over the box, and the torch-bearer stands ready to set fire to it at the end where the tiger's head is, the box being too narrow to permit his turning round in it. the leading native then lifts a sliding door at the other extremity of the box, carefully covering the opening thus made with mats, to prevent the light from penetrating, and inducing his royal highness to back out too soon. this operation completed, the straw is set on fire. the native and his two coolies now retire slowly, keeping time to javanese music as they make their way outside the square. by this time, the fire has got fair hold of the box, filling it with smoke, and the tiger begins his retreat, his berth becoming rather warm. presently, his hind quarters appear issuing through the sliding doorway, its covering of mat readily yielding to the pressure: by degrees, his hind feet gain firm footing outside, and his whole body is soon displayed. on appearing, he seemed rather confused for a few seconds, and, laying himself quietly down, looked all round upon his foes, and gave a roar that made the welkin ring, and my young heart quake a little. he then rose, deliberately shook himself, turned towards the rising sun, set off first at a walk, then at a trot, which he gradually increased to a smart canter, till within a few yards of the points of the spears pointed at him; he then came to the charge, and made a spring that surprised me, and, i fancy, every one present. i am afraid to say how high he leaped, but he was on the _descent_ before a single spear touched him. this leap was evidently made with the intention of getting clear over the heads of the men and their spears too; and he most certainly would have accomplished it, had he not leaped too soon, and fallen within the square, the height of the spring being quite sufficient for the purpose. as it was, when on the descent, the spears of the six men nearest him being pointed at his breast, one of them inflicted a frightful wound. on reaching the ground, the noble beast struggled hard for his liberty; but, finding his efforts of no avail, he ultimately started off at full gallop to the opposite side of the square, where he renewed his exertions, though with less vigour than that displayed on his first attempt, and with no better success. he then galloped twice round the square, just at the point of the spears. not a man advanced to touch him, it being the rule, that the tiger must come within the range of the spears before they can be used. he was ultimately killed while making a third attempt to escape; and thus ended the sport. his first charge was very brilliant and exciting; his second much less so; his third and last was very feeble. immediately after the tiger's death, the same ceremonies were gone through with a leopard, who took the spear-men rather by surprise, and, instead of trying to leap over their heads, darted in under their spears, got among their feet, and effected his retreat, to the no small consternation of the surrounding multitude, who soon scattered in all directions. he was, however, pursued by the men he had baffled, and was killed under a bridge in the immediate neighbourhood. tigers are frequently pitted by the native chiefs of java against buffaloes, but i never was fortunate enough to witness one of those conflicts. the buffalo is generally the conqueror, and is sure to be so, if he succeeds in getting one fair butt at his adversary, whom he tosses in the air, and butts again on his fall. occasionally, the tiger declines the combat altogether, when his tormentors rouse him by the application of lighted torches to the tenderest parts of his body: but even this extreme measure has been known to fail; in which case the terrified animal is withdrawn, and another is put forward in his place. these are cruel pastimes, though they may be thought not more so than dog-fighting and cock-fighting, which were formerly so much practised in britain; and not so barbarous as a pugilistic combat between two hired brutes called prize-fighters. the society of samarang is neither so extensive nor so attractive as that of batavia: it is, however, a pleasant and healthy place, notwithstanding its proximity to an extensive swamp. its safeguard against the malaria we might naturally look for in this situation, is the tide, which flows over the marsh twice a day, and keeps it sweet. during the java war, a small volunteer corps of cavalry was formed here, the members of which, in their zeal, offered their services to join a party who were proceeding to damak, (a small village about forty miles off,) to put down a body of armed rebels. poor fellows! they went out in high spirits, but trusted too much to their unbroken horses, which took fright, and threw them into inextricable confusion on hearing the first volley. the sad consequences of this rash though gallant day's work, were, the death of seven young english gentlemen, all highly respected, and sincerely regretted by their countrymen. they were all personal friends of my own. i well remember the gloom which the intelligence cast over the society at batavia. in and about samarang may be collected any number of the beautiful java poneys, animals unsurpassed for symmetry in any part of the world.[ ] the work they perform is beyond belief. ten miles an hour is the common rate of travelling post: four of them are generally used for this purpose, and the stages are from seven to nine miles, according to the nature of the country. when within half-a-mile of the first house where relays are kept, the native coachman cracks his long, unwieldy whip, which can be heard at a great distance. at this signal, the grooms harness the four poneys whose turn for work it is; and, by the time your carriage halts under the shed that crosses the road at every post-house, the fresh poneys are to be seen coming out of the stable, all ready for the next stage. your attention is then attracted by a man with a stout bamboo, some eight feet long, in his hand, full of water, which he pours over the naves of the wheels, to cool them. by this time, the tired poneys are unhooked, the fresh ones put-to, and away rattles the carriage again with its delighted passengers. i know nothing more exciting and agreeable than a ramble amongst the mountains of this favoured isle, under the direction of the post establishment. [footnote : the java poney in her majesty's stable at windsor, is certainly no fair specimen, being the worst-favoured brute under the sun.] from samarang, early in , i posted with a friend to solo and djockdjocarta, the ancient seats of the emperors and sultans of this part of java. they are now shorn of their splendour; but they still possess novelty enough to attract a stranger. on our route, we visited some beautiful coffee-plantations, and passed through the pretty and romantic-looking village of salatiga.[ ] we had a splendid view of the far-famed _gunung marapi_, or fire-mountain; and, on every side, we saw evidence of the thriving condition of this magnificent part of java. at solo, i was so fortunate as to be present at the then emperor's marriage; a scene which brought painfully to mind the fallen state of the chiefs of this neighbourhood, by its being superintended by the dutch resident at the court. there were three days' feasting, royal salutes from the imperial guard, javanese music, and dancing girls in great numbers; but i found the whole affair very fatiguing. fallen as was the emperor's state at that time, it subsequently became much more reduced, in consequence of his having been found guilty of being secretly concerned in the late war or rebellion. he has long since followed his friend and coadjutor, diepo nogoro. a tool of the dutch government now reigns in his stead, who cannot even leave his house for twenty-four hours without permission from the resident at his court. [footnote : a name derived from the malay words, _sallah_, "a fault or crime," and _tiga_, the numeral "three"; consequently meaning the "third fault." how this pretty spot came by such a name, i never heard.] one day, i accompanied a party of friends to see the emperor's tigers, a number of which animals he generally had ready for exhibitions similar to those already described. we found one very noble fellow confined in a house some fifteen feet square, formed of the trunks of cocoa-nut trees, placed about five inches apart. on looking through, we saw the tiger in the position usually chosen by a dog when he wants to warm his face at the fire. hearing our approach, he stared us steadily in the face for about a minute, and then made a spring at us, so suddenly that he came with his whole force against the bars, before we had time to move a step. the shock shook the building, as well as our nerves, not a little, though we were of course scatheless. at solo, i first tasted the javanese "findhorn haddock," which is, in fact, a trout caught in the beautiful solo river. after being cleaned, it is wrapped up in a bundle of rice-straw, which is forthwith set on fire; and as soon as the straw is consumed, the fish is ready for eating, and really resembles in flavour its celebrated name-sake. in the neighbourhood of solo, a bold sportsman may find game to his liking, and willing natives to guide him in his search after tigers, wild hogs, the huge boa, deer, snipe, and quail. in pursuit of the last, too many a fever is caught, through the imprudence of young men in staying out too late in the day, and in keeping on their wet and soiled clothes and shoes during their ride or drive home. a little attention to such apparent trifles would save many a valuable life. deer and wild-hog are generally pursued and shot by a party armed with rifles, who post themselves along one side of a jungle, while a party of natives advance from the opposite, driving the game before them with long poles and shouting. great care must be taken by the sportsman, on these occasions, not to fire too soon: if he fires into the jungle, he runs the risk of shooting one of the bush-beaters; if to the right or left, he may plant his bullet in the breast of one of his companions. he must reserve his fire till the game is fairly out of the bush, and in rear of the line of rifles, when he may turn round and deliver his charge. i recollect a fatal accident happening near salatiga, through a gentleman's deviating from the strict rule, never to change your position when once placed by the leading sportsman. a party were out after hogs by moonlight, when one gentleman, thinking he heard a noise as of an approaching porker on his left, very imprudently got on his hands and knees to crawl round in the hope of getting the first shot. the sportsman stationed next to him got a glimpse of him on the path, and mistaking him in the uncertain light for a hog or other wild animal, fired his rifle without a moment's hesitation, and mortally wounded his unfortunate friend, who lived just long enough to acknowledge his error, and to beg that no blame might be attached to the individual who caused his death. poor fellow! he paid dearly for his imprudence. solo is protected by a small fort, which is always garrisoned by european troops, the government not choosing to trust native soldiers in that part of the country. for this, no one can blame the dutch; for the chiefs require looking after, and are apt to give trouble. while the island was held by the british government, a mutiny broke out at solo among the bengal sepoys: on its suppression, it was found they had been tampered with by these chiefs, and that numbers had been gained over to their cause. nothing can exceed the hospitality of the dutch inhabitants of this part of java: their houses are always open to the stranger, of whom they think too much cannot be made. the resident's establishment is a splendid one, and to his liberality and hospitality i can testify from personal experience. indeed, our countrymen, in many parts that i could name, might, with great advantage to themselves and to travellers in their districts, take lessons from their dutch brethren in office. from solo, i went to djockdjocarta, distant forty miles, in a gig. a kind friend having placed relays of horses on the road for me, i performed the journey with perfect ease, without the aid of a whip, in four hours. the poney i had the last stage, was the best little animal in harness i ever sat behind: he literally flew along the road. at one point, i came to a bridge, which, as i could see at some distance, had been broken, so as to render it impassable. while meditating how i was to get across the river, not knowing there was a ford in the neighbourhood, my poney, which had come the road in the morning to meet me, settled the question, by suddenly darting off, through a gap in the hedge at the road-side, down the river bank, at the top of his speed, and, before i could collect my scattered senses, was across the stream and up the opposite bank, to my no small surprise and pleasure. he was a noble little animal, of a mouse colour; and was originally purchased from a native dealer for twenty-eight guilders (about l. s. d.). at djockdjocarta are to be seen many ancient residences of the javanese chiefs; amongst others, the celebrated _cratan_ or palace, the taking of which, in , cost general gillespie a hard struggle. it is surrounded with a high wall, which encloses an area of exactly one square mile: outside the wall runs a deep, broad ditch. the place could offer but a feeble resistance against artillery, in which arm gillespie was deficient when he attacked and took it. another curious building is that in which the sultans, in days of yore, used to keep their ladies: it is composed entirely of long narrow passages, with numerous small rooms on each side; each of which, in the days of their master's glory, was the residence, according to tradition, of a beautiful favourite. to prevent the escape of the ladies, or the intrusion of any gallants, the whole pile is surrounded with a canal, which used to be filled with alligators: the only entrance was by a subterranean passage beneath this canal, and which ran under it for its whole length. when i visited the place in , the canal, passage, &c. were all in good order, though the latter was getting damp from neglect;--a proof that the masons and plasterers of java, in old times, must have been very superior workmen. djockdjocarta was the birth-place of diepo nogoro, and the scene of his earliest warlike movements against the dutch. so unexpected and sudden was his first attack, that he caught the garrison napping, and had them within his grasp before they knew he was in the field. in the _cratan_, the sultan had, in , three noble elephants, each kept under a separate shed. i went, with three other visitors, to see those animals; and we passed sometime amusing ourselves by giving them fruit and other dainties. we did not remark, however, that one of our friends had been for sometime teasing one of them, by offering him a plantain, and constantly withdrawing it just as the poor animal was laying hold of it with his trunk. we had not gone twenty yards from the spot, when the elephant's keeper approached, and gave him a couple of cocoa-nuts, (minus the husk, but with the shells,)--part of his daily food, i presume. the elephant took one of these, and, with a wicked look at the gentleman who had been teasing him, threw the nut at him with great force. fortunately he missed his aim. the nut struck a post within six inches of the teaser's head, and was literally smashed: had it struck where doubtless it was meant to do, it would certainly have proved as fatal as an eighteen-pound shot. so much for teasing elephants. we beat a speedy retreat, not choosing to risk a second shot. djockdjocarta can hardly be called a town; yet it is more than a village. the houses of the european inhabitants are much scattered, and many of them occupy very pretty situations. the climate is delicious; and exercise on horseback may be taken with impunity from six to nine a. m., and from three to seven p. m. it is not uncommon to see europeans riding about during the intervening hours; but this is generally avoided by old residents. a successful attempt was made here, by a countryman of mine, in , to grow indigo. the quantity produced was limited, but the quality was excellent; and, but for some vexatious regulations of the government regarding the residence of foreigners in this part of java, which drove the spirited individual alluded to from the neighbourhood, i have no doubt he would speedily have realized a handsome fortune. since that period, indigo-planting has been carried on in various parts of java to a large extent. the quantity produced annually is now about one million and a half of pounds; and the quality is such as to command the first prices in the continental markets. indeed, the bengal planters are becoming quite jealous of those of java. shortly before my arrival at djockdjocarta, a daring house-robbery, by a band of javanese, took place in the neighbourhood. six of the robbers were afterwards caught, tried, convicted, condemned, and executed _à la javan_ on the scene of their crime: they were tied hands and feet to separate stakes, and _krissed_ by a native executioner, who performed his dreadful office so scientifically that his victims died without a groan. the cool indifference with which five of the unfortunates witnessed the execution of the first sufferer, and successively received the _kriss_ in their own bosoms, was quite surprising, and shewed with what stoical composure the mohammedan fatalist can meet a violent death. the forests of java are inhabited by the rhinoceros, tiger, black tiger, leopard, tiger-cat, boa-constrictor, and a variety of animals of milder natures. the elephant is not found in its wild state in these woods, though numerous in those of the neighbouring island. i am not aware of any other animal that may be called dangerous to man in these unrivalled forests; nor is there much to be apprehended from occasionally coming in contact with either of those above-named, though accidents happen now and then. i have known a carriage and four attacked on the main road between batavia and samarang, by a tiger, and one of the poneys killed by the fierce onset. this, however, is a rare occurrence, and can happen only when the tiger is hard pressed for food; which is seldom the case in the woods of java, overrun as they are with deer, wild-hog, and other royal game. the boa is harmless to man, unless his path is crossed, when a speedy retreat is advisable. a friend of mine in samarang once kept one of these monsters as a pet, and used to let him crawl all over the garden: it measured exactly nineteen feet. it was regularly fed twice a month, viz. on the st and the th. on the first day of the month, a moderate-sized goat was put into his house. the poor animal would scream, and exhibit every symptom of extreme terror, but was not kept long in suspense; for the snake, after eyeing his victim keenly, would spring on it with the rapidity of thought, coil three turns round the body, and in an instant every bone in the goat's skin was broken. the next process was, to stretch the carcass to as great a length as he could before uncoiling himself; then to lick it all over; and he commenced his feast by succeeding, after some severe exertion, in getting the goat's head within his mouth. in the course of twenty minutes, the whole animal was swallowed: the snake would then lie down, and remain perfectly dormant for three or four days. his lunch (as i may call it) on the fifteenth of the month, used to consist of a duck. this snake was given, in , to lord amherst, on his return from china, and reached the cape in safety: there it was over-fed to gratify the curious visitors, and died in consequence before the ship reached st. helena. while on the subject of wild animals, i may mention a leopard that was kept by an english officer in samarang, during our occupation of the dutch colonies. this animal had its liberty, and used to run all over the house after its master. one morning, after breakfast, the officer was sitting smoking his hookah, with a book in his right-hand, and the hookah-snake in his left, when he felt a slight pain in the left hand, and, on attempting to raise it, was checked by a low angry growl from his pet leopard: on looking down, he saw the animal had been licking the back of his hand, and had by degrees drawn a little blood. the leopard would not suffer the removal of the hand, but continued licking it with great apparent relish, which did not much please his master; who, with great presence of mind, without attempting again to disturb the pet in his proceeding, called to his servant to bring him a pistol, with which he shot the animal dead on the spot. such pets as snakes nineteen feet long and full-grown leopards are not to be trifled with. the largest snake i ever saw was twenty-five feet long, and eight inches in diameter. i have _heard_ of sixty-feet snakes, but cannot vouch for the truth of the tale. in my enumeration of animals dangerous to man, i omitted the alligator, which infests every river and muddy creek in java, and grows to a very large size. at the mouth of the batavia river, they are very numerous and dangerous, particularly to europeans. it strikes one as extraordinary, to see the copper-coloured natives bathing in the river within view of a large alligator: they never seem to give the animal a thought, or to anticipate injury from his proximity. yet, were a european to enter the water by the side of the natives, his minutes in this world would be few. i recollect an instance that occurred on the occasion of a party of troops embarking at batavia for the eastward, during the java war. the men had all gone off, with the exception of three sergeants, who were to follow in the ship's jolly-boat, which was waiting for them at the wharf: two of them stepped into the boat; but the third, in following, missed his footing, and fell with his leg in the water, and his body over the gunwale of the boat. in less than an instant, an alligator darted from under the wharf, and seized the unfortunate man by the leg, while his companions in the boat laid hold of his shoulders. the poor fellow called out to his friends, "pull; hold on; don't let go"; but their utmost exertions were unavailing. the alligator proved the strongest, and carried off his prize. the scene was described to me by a bystander, who said, he could trace the monster's course all the way down the river with his victim in his immense mouth. the inhabitants of java are, generally speaking, a quiet, tractable race, but rather lazy withal. the dutch government could never have made the island produce half the quantity it now yields of either sugar, coffee, or rice, without a little wholesome coercion;--coercion that seemed somewhat tyrannical at first, but which has ultimately pleased all parties concerned, and done wonders for java. if my memory serves me, it was in the time of governor vandenborch that this system of coercion commenced. the inhabitants of the villages, in various parts of the island, were compelled by an armed force, when milder means had failed, to turn out at day-light, and labour in the fields planted either by government itself or by government contractors, which naturally caused a great deal of discontent; but, as the labourers were regularly paid in cash for their day's work every evening, they very soon became reconciled to a system that not only provided amply for their families, but gave them the means of indulging in their favourite pastime, gambling. to this vice, all classes are passionately addicted; and nothing is more common than to see a gang of coolies sit down in the middle of the road, and gamble for hours on the few pieces they may have just earned for having carried a heavy burthen a couple of miles. the inhabitants of the districts in which the coercion i speak of has been put in force, are now better satisfied with their rulers than ever they were before. the extent to which the growth of coffee and sugar has been carried, has rather checked that of rice, which has been twenty-five per cent. dearer the last fifteen years, than during the preceding twenty: it is, however, still cheap enough as an article of food, though the price is too high to compete, in the china or singapore markets, with the produce of lombok, bally, siam, or cochin china.[ ] [footnote : by the last overland papers from singapore (sept. ), i observe, the dutch government has been importing rice from pondicherry to java;--a proceeding quite unprecedented in my time, and to be accounted for only by the extent to which the cultivation of sugar, indigo, and coffee is carried, in order to satisfy the constant demands on the colonies of the netherlands for money. to this cause may be added, however, the occurrence of one or two dry seasons;--a rare phenomenon within the tropics, and attributable, probably, in some degree, to the vast extent of country recently cleared of forest and jungle to make way for the plough. no policy can be so blind as that which compels the poor javanese to eat imported rice, while living in a country capable of yielding food for all europe.] slavery still exists in java, and every dutch family has its domestic slaves. the law forbids the importation of fresh ones, and provides for the good treatment of those now in bondage. it also prohibits the slave-owner from separating a family; so that the wife and husband cannot be parted from each other, or from their children, except in the case of a crime having been committed by a member of the family. in that case, the guilty party is, on application to the chief magistrate, put up to auction, and sold to the highest bidder. this, however, is a rare occurrence, though i have witnessed such sales. the slaves, knowing well the consequence of an act of dishonesty, are cautious how they venture to trespass on the rights of _meum_ and _tuum_. i may safely say, i have never, in all my wanderings, seen a race of people better treated than the slaves of java: they are well fed and well clothed; and adults of both sexes receive a monthly allowance of two guilders ( s. d.) under the name of pocket-money. this sum may seem small; but, when we take into consideration, that a free man can be hired for eight guilders per month in batavia, and for six in the country, on which sum he has to feed and clothe himself and his wife and children, it will be sufficiently evident that the slave's allowance is ample, his master feeding and clothing him and his family. i object _in toto_ to slavery in any form; but i confess i do not think the slaves of java would be benefitted, were their liberty given them to-morrow. the natives of java are by no means free from that prevalent eastern vice, or luxury, opium-smoking; and the dutch government derives an immense revenue from the article. i have, in various parts of the eastern world, seen the evil effects of opium-smoking; but am decidedly of opinion, that those arising from gin-drinking in england, and from whisky-drinking in ireland and scotland, far exceed them. let any unprejudiced european walk through the native towns of java, singapore, or china, and see if he can find a single drunken native. what he will meet with are, numbers of drunken english, scotch, and irish seamen, literally rolling in the gutters, intoxicated, not from opium, but from rum and other spirits sent all the way from england for the purpose of enabling her worthy sons to exhibit themselves to chinese and other nations in this disgraceful light. that spirit-drinking at home is no excuse for opium-smoking abroad, i admit; but i would recommend the well-intentioned persons who have of late been raising such an outcry on the subject of opium, to begin at home, and attempt to reform their own countrymen: they may then come to china with a clear conscience, and preach reform to the poor opium-smoker. among other improvements in java, its rulers have lately turned their attention to the cultivation of tea, and with considerable success so far as regards the quality, i have no means of ascertaining the quantity of tea at present produced yearly; but have no doubt it will, before long, become an important article of export from the island. before quitting java, i must say a word about the far-famed upas-tree. such a tree certainly exists on the island; but the tales that are told of its poisoning the air for hundreds of yards round, so that birds dare not approach it, that vegetation is destroyed beneath its branches, and that man cannot come near it with impunity, are perfectly ridiculous. to prove their absurdity, a friend of mine climbed up a upas-tree, and passed two hours in its branches, where he took his lunch and smoked a cigar. the tree, however, does contain poison, and the natives extract the sap, with which they rub their spear and _kriss_ blades: wounds inflicted with blades thus anointed, are mortal. such i believe to be the origin of the many fabulous stories that have passed from hand to hand, and from generation to generation, about the upas-tree of java. chapter iii. singapore. advantageous position of singapore--cultivation of the nutmeg and cocoa-nut--roads and scenery-- motley population--european residents--chinese emigrants--klings--sampan-men--places of worship--tigers. in the month of may , i returned from my trip to the eastward, and was kept tightly at work in batavia, till fate sent me wandering in july . singapore was the first place i visited; and to it, therefore, i must devote the next few pages of these retrospective lucubrations. sir thomas stamford raffles deserved a great deal of credit and praise from the mercantile community of britain, for having established this emporium of trade. a more lovely or better situation could not have been chosen; and its surprising prosperity has more than realized its founder's expectations, sanguine as they were. since , i have resided some considerable time in singapore; have witnessed its progress towards its present nourishing condition; and am sufficiently well acquainted with its trade and its inhabitants to enable me to speak confidently respecting them. the island itself, though only seventy-six miles from the equator, enjoys a delightful climate, and is remarkable for salubrity. its proximity to the line secures frequent refreshing showers, and its foliage is in consequence always in the full bloom of summer. during an acquaintance with it of eighteen years, i have never known a drought of more than three weeks' duration. its soil, with little tillage, produces the nutmeg, the clove, coffee, the cocoa-nut, the sugar-cane, the pepper-vine, gambia or terra japonica, and all the fruits common to malacca and java. the east-india company's regulations regarding land checked, for a few years, the spirit of the agriculturist; but, within the last ten years, a few spirited and praiseworthy individuals have laid out considerable sums of money in nutmeg, coffee, sugar, and cocoa-nut plantations. it is a somewhat doubtful point, in my opinion, whether sugar or coffee plantations on this island will ever pay; but, of the nutmeg and cocoa-nut groves, i have the best opinion, and think their proprietors have a very fair chance of ultimately being well paid for their outlay. of the nutmeg gardens, that of dr. oxley's is by far the finest on the island. this gentleman has spared neither trouble nor expense in bringing his plants forward, and has now five thousand of the very finest nutmeg-trees i ever saw. nothing can be finer than their beautiful position, tasteful outlay, and luxuriant foliage. it is now eighteen months since i last saw those trees: they were then just coming into bearing; and they are now, i hope, paying their spirited proprietor for his monthly outlay at all events, though it may be a few years yet before they return him interest for his money, and adequate remuneration for his trouble. a plantation of ten or fifteen thousand cocoa-nut trees is a more valuable property than many people imagine. as soon as they come into bearing, which they do in five years from seed, they are worth three-quarters of a dollar each per annum net profit, after paying the labourers: thus, fifteen thousand of them will yield their proprietor , dollars per annum, (_i. e._ at the moderate calculation of s. d. to the dollar, l. s. d. sterling,) a sum that would cover all the outlay incurred during the five nonproductive years, and be a secure revenue to the owner of the estate for ever, provided that he is careful in replacing the old trees, as fast as they die, with new plants. my reasons for doubting the success of coffee-plantations in singapore are, that there is not sufficient depth of soil for the tree, and that, if there were, labour is too high to enable the planters to compete with those of java. as regards sugar, singapore being a sugar-importing colony, its own produce pays, on being imported into england, s. per hundred-weight more duty than the produce of non-importing british colonies.[ ] the high price of labour is also against the sugar-planter. an able-bodied labourer costs, in singapore, four dollars per month, while the same man can be had in the mountains of java for three guilders in money, and the value of two in rice. thus, the singapore planter pays more than double the rate of wages for his labour; and, as his lands are not so rich as his neighbour's, he stands, i fear, but a poor chance in the competition with him. [footnote : since my arrival in england, an act has been passed, removing, in some measure, this bar to the prosperity of the singapore sugar-planter;--i allude to the recent reduction in the duty on all sugars, excepting slave-grown. the singaporeans are naturally anxious to be allowed to send their sugars to the english market on the same terms as their brethren of prince of wales' island have lately been permitted to do. this they can hardly expect, however, while they continue to be such large importers of siam and other foreign sugars as they are and always have been. to require them to give up this foreign trade, would do them far more injury than the granting of their planters' petition would benefit them.] to the eastward of the town of singapore, extends a considerable plain, on which the sugar and cocoa-nut plantations stand. to the westward and inland of the town, the country consists almost entirely of hill and dale; and its aspect is very striking and picturesque. on many of these miniature (for they are but miniature) hills, stand pretty _bungalows_, surrounded with nutmeg and fruit trees: they are delightful residences, and have the very great advantage of cool nights, when the tired planter or merchant can enjoy a sound sleep after the fatigues of a hot day. a great deal has been done for singapore by gangs of convicts from bengal, madras, and bombay, who, under an experienced and able superintendent, have cut and made excellent roads, that now extend east, west, north, and south, for several miles. cutting these roads has drained, and thereby rendered available, large tracts of land that were recently quite valueless: they also add much to the enjoyment of the singaporean, by enabling him to extend his ride or drive of an evening. the scenery along the different roads consists of hills and dales, covered with the richest and most luxuriant foliage, with here and there a clearing, where some industrious china-man has squatted, in defiance of tigers and east-india company's regulations. now that land can be got on better terms than formerly, these clearings are being purchased by europeans of the squatter,--whose prior right the government always protects to the extent of a fair remuneration for his labour,--and are being turned into gardens or plantations. this drives back the squatter, who, like his brethren all over the world, is ever willing to sell and move further inland; thus materially increasing the extent of cleared land from year to year. the primeval jungles of singapore are so thickly timbered and covered with underwood and large, tough creepers, that the man who undertakes to clear them has before him an herculean task. according to the best information i could obtain, it requires a cash outlay of sixty dollars to clear a single acre; and even that large sum does not thoroughly stump it (_i. e._ clear off all the large roots and stumps of the larger trees) for the planting of coffee, nutmegs, or pepper. for these, however, this is less necessary, as the plants are placed at a considerable distance from each other: for sugar, it is very desirable to have every stump taken out. swamps abound on the island: fortunately, they are all salt-water swamps, and flooded daily by the tide, which keeps them sweet, so that no one suffers from residing in their neighbourhood. a full description of the inhabitants of singapore would fill a volume, they are of so many countries. here may be seen, besides europeans of different nations, and americans, the jew, the armenian, the persian, the parsee, the arab, the bengalee, the malabaree, the china-man, the malay, the javanese, the siamese, the cochin chinese, with the native of borneo, of macassar, and of every island of the eastern archipelago; all in the costumes of their respective countries, and forming motley groupes that can nowhere be surpassed. with the exception of the europeans, americans, and armenians, each class occupies a distinct quarter of the town, mixing but little with the rest, except in business hours, when one and all may be seen in eager converse on the all-important subject of money-making. europeans generally live in garden-houses in the suburbs. the favourite situation is along the beach to the eastward of the town, from which the merchant has a full view of the harbour, as well as of both its entrances, and can see every vessel that comes or goes. pleasant, however, as is this part of the suburbs, it is gradually being deserted for country situations, where the hot winds of july, august, and september are not so much felt, and where the nights are cooler than on the sea-shore. the houses generally occupied by these gentlemen, are large and roomy, with verandahs in front and rear, enclosed with venetian blinds: these are kept shut from ten a. m. till four p. m., which darkens the house so much that a visiter can with difficulty see his host or hostess for two or three minutes after entering a room, till the pupils of his eyes, contracted by the glare on the road, expand, and enable him to distinguish objects. this custom keeps the house wonderfully cool, and is universally adopted by newcomers after the first few months of their residence. the chinese occupy the next best part of the town, and many of them have built substantial and commodious houses. a portion of this class are the descendants of chinese who settled at malacca two hundred years ago: they have never been to china, and speak malay much more fluently than they do their own language. numbers of them keep their families at malacca, having superstitious objections to a final removal far from the graves of their ancestors. the real chinese emigrant looks on singapore only as a temporary home, and invariably remits something every year, according to his means, to his aged parents, wife, or sisters. he usually consoles himself for his absence from his wife, by taking to himself another of the country he resides in: the offspring of this second marriage is always properly cared for on the father's return to china, where he probably takes the eldest boy to be educated. the chinese junks bring annually to this part of the world, from six to eight thousand emigrants, ninety-nine-hundredths of whom land without a sixpence in the world beyond the clothes they stand in. the consequence of this is, that those who cannot succeed in obtaining immediate employment, take to thieving, from necessity; and some daring gang robberies are committed every year. they do not, however, long continue this mode of life; for the eight thousand new comers soon scatter, and find employment either on the island, in the tin-mines of banca, or on the malayan peninsula. ship-loads of these men have been sent to the mauritius, where they have given general satisfaction; and no better class of emigrants could be found for the west indies. a tight curb on a china-man will make him do a great deal of work: at the same time, he has spirit enough to resist real ill treatment. all the mechanics and house-builders, and many boatmen and fishermen of singapore, are chinese. of the other inhabitants, the most numerous are the malabarees, who are principally employed as shopkeepers, and are as knowing in the art of bargain-driving as any tradesmen of london or paris. they generally go here under the denomination of "_klings_," an appellation synonymous, in the singapore vocabulary, with "scamp," to which i have no inclination to dispute their title. the boats employed to carry cargoes to and from the shipping in the harbour, are almost all manned by these _klings_; and excellent boatmen they are. when pulling off a heavily-laden boat, they cheer their labour by a song, led, in general, by the steersman, the crew joining in chorus. they are a willing, hard-working race, though rather given to shut their eyes to the difference between _meum_ and _tuum_. the original malay inhabitants of this island are now the most insignificant, both as to numbers and as to general utility, of the many races that are found on it. from this remark must be excepted, however, the _sampan_-men, who are of great service to the mercantile community. in their fast-sailing _sampans_ (a superior sort of canoe, peculiar to the place), they go out ten, fifteen, and even twenty miles, to meet any ship that may be signalized as approaching the harbour. they are usually employed to attend a ship during her stay here, few masters choosing to trust their crews on shore in boats. of late years, reports have been in circulation of a suspected connection between the sampan-men and the malay pirates in the neighbourhood; but i question their having any foundation in fact. those malay families whose young men are thus employed as _sampan_-men, are called _orang-laut_, or "people of the sea," from their living entirely afloat. the middle of the river just opposite the town of singapore, is crowded with boats about twenty feet long by five wide, in which these poor people are born, live, and die. they are wretched abodes, but are preferred, from long custom i fancy, by their inhabitants, who, if they chose, could find room on shore to build huts that would cost less than these marine dwellings. each different class of the inhabitants of the island have their own place of worship. the english church, built in by a contribution from the government and a subscription among the european inhabitants, is a handsome building in a central situation, capable of holding four times as many people as are likely to be ever collected within it: it is neatly fitted up, but lacked a steeple, or even a belfry. this deficiency, however, is about to be supplied by a subscription raised at the suggestion of the bishop of calcutta, during his last official visit to this portion of his immense diocese.[ ] [footnote : since this was written, the chapel has been much improved, and an elegant steeple added to it. there seems to be some fatality attaching to clergymen at singapore. the last three incumbents, messrs. burn, darrah, and white, all died young, and of the same complaint, namely, diseased liver. my own opinion is, that they were all three too strict adherents to teetotalism. in warm climates, a moderate and rather liberal allowance of wine, i believe to be absolutely necessary.] the chinese pagoda is a splendid building, according to the celestial taste in such matters, and is really well worth seeing: the carving and general fitting-up of the interior are very beautiful, and substantial enough to make one believe they will last a thousand years, as the chinese say they will. in the centre, the queen of heaven is seen decked forth in robes of the most superb figured satin, richly embroidered with gold; robes that the wealthiest dames of the proudest cities of europe might envy, but the like to which they never can possess. her majesty was brought from china; and the owner of the junk in which she came, would not receive a penny as freight for the room she occupied. on her arrival in singapore harbour, the whole chinese population of the island turned out to see her land, and paraded her through the town, with all the noise they could by any possibility extract from about a thousand gongs. the building in which she has taken up her quarters, cost , spanish dollars, and does credit to the chinese workmen of singapore. one day, shortly after the building of this temple, i asked an intelligent and wealthy chinese, how often he went to it. his answer, in broken english, ran thus: "sometime one moon, sometime two moon. suppose i want ask god for something, i go churchee. suppose i no want ask any thing, what for i go?" on my asking whether he never went to return thanks for past favours, he seemed to think my question a very silly one, and said, "no use." the american chapel is a remarkably neat little building. besides these, there is no other place of worship in singapore worthy of notice. before quitting the subject of the inhabitants of this land of perpetual summer, i must mention one class which the others would gladly get rid of: i allude to the tigers of a large size which abound here, and which, having cleared the jungles of wild-hog and jackalls, and nearly so of deer, have lately commenced preying on man, to whom they have become a most formidable and dreaded foe. were i to set down the number of unfortunate individuals who have, since , been killed by these lords of the forests, i should scarcely expect to be credited. let any one look over the newspapers of the island for the last five or six years, and they will tell him a tale of horror that will make his blood freeze. many of the more distant gambia-plantations have been deserted by their proprietors in consequence of the ravages of these monsters. government, in the hope of remedying or mitigating the evil, offered a reward of one hundred dollars for every tiger brought in alive or dead; but so dense are the jungles in which they seek shelter, that their pursuers have hitherto been far from successful. one is brought in now and then, for which the captor receives his reward, and sells the flesh for some forty dollars more; for the reader must know, that the flesh of a tiger is readily purchased and eagerly eaten by the chinese, under the notion that some of the courage of the animal will be thereby instilled into them. some time before i left the island, a malay fell in with two tiger cubs in the woods, and captured one of them: next day, he went back, like a fool, alone, in search of the other, when the dam captured and made a meal of him; a lesson to his countrymen, which has effectually cured them of meddling with tiger-whelps. on another occasion, a china-man, having set a trap for tigers, took a walk out about midnight, to see if his plan had been successful. he paid dearly for his temerity, being carried off by some prowling monster; and his mangled body was found near the place a few days afterwards. chapter iv. singapore. trade of singapore--chinese traders--bugis traders--siamese and cochin chinese--arab smugglers--borneo--trade with calcutta-- commercial prospects. the trade of singapore has, until within the last three years, gone on increasing; but it has now, in the opinion of many people, reached its ultimatum. the harbour is visited regularly by native vessels from all the neighbouring islands, as well as from the continent; and i shall proceed to notice the nature and value of their trade, respectively, class by class. and first as to the china junks. these unwieldy vessels visit the island in numbers varying from one hundred and fifty to two hundred and fifty per annum, their size ranging from fifty to five hundred tons: they are manned and navigated entirely by chinese. they of course come with the monsoon, and reach singapore in the months of january, february, and march. their cargoes form a very material item in the trade of the place, and consist of tea, raw silk, camphor, nankin (both yellow and blue), immense quantities of coarse earthenware, and supplies of all kinds for the myriads of chinese that reside on this and the neighbouring islands. the season of their arrival is one of great activity in the chinese bazaars, and gives an impulse to the trade of the importer of manchester and glasgow manufactures. their commanders and supercargoes are cautious dealers, and usually sound the market well before disposing of their commodities. sometimes, however, they overstand their market, and suffer by refusing the first offers made. this was particularly the case in the season of , in the article of tea, which fell in price with every overland mail that came in, making these wary men rue their having declined the offers that had been made them previously. most of them are opium-smokers; and their countrymen, with whom they deal, take care to keep them well supplied with this luxury, and obtain many a good bargain from them when under its influence. the export cargoes of this class of vessels consist principally of raw cotton, cotton yarn, cotton goods, opium, béche-de-mer or sea slug, pepper, tin, rattans, edible birds'-nests, deers' sinews, sharks' fins, fish maws, &c. of the first three articles, they have of late taken annually the following quantities:--raw cotton, , bales of lbs. each; cotton goods, , pieces of yards each; opium, chests of lbs. each; the aggregate value of which i put down, in round numbers, at two millions of dollars. many of the small junks that arrive with the last of the north-east monsoon in april, are fast-sailing craft, and come expressly for opium, to pay for which they bring nothing but bullion: they take their departure early in may, and smuggle the drug into canton by paying the usual bribe to the mandarins. all the large junks have sailed on their return voyage by the end of june. some few of them that waited in till the middle of july, in the hope of getting opium cheaper than their neighbours who sailed earlier, encountered heavy gales in the chinese sea; and one or two of them were lost with valuable cargoes. this lesson has not been lost upon their successors, who have since taken care to run no such risks. advantage is taken of the opportunity afforded by the return of these junks, every season, by the chinese residents, to make remittances to their families in china; and the masters of them are entrusted with their remittances, which usually consist of money, though, occasionally, rice and other useful articles are sent. the shipper pays the master a per-centage on the sum transmitted; and instances of fraud on the part of the latter are extremely rare. a boy about fourteen years of age whom i had as a servant in my house at singapore, used to ask me for a month's wages in advance, to send to his mother in macao. hundreds of similar instances might be adduced. this is one of the bright traits in the chinese character. the native traders next in importance to the chinese, are the bugis. these arrive in october and november, bringing in their uncouth-looking vessels, large quantities of coffee of very good quality, gold-dust, tortoise-shell, native clothes (celebrated all over the archipelago for their durability), béche-de-mer, deer-sinews, rice, &c. they come from the different ports on the islands of celebes, &c., but principally from macassar. they are a shrewd race, but are no match for their chinese competitors. on the arrival of a boat, her _hakoda_ (or commander) lands with nearly every man on board; and he may be seen walking all over the place for a few days before making any bargain. they are a troublesome set to deal with, and require the exercise of more patience than a european in these parts generally possesses. they are, however, always received with a hearty welcome by the chinese of the island, who, inviting them to be seated, immediately hand round the _siri-box_ (betel-nut, arica leaf, &c.) among them; and over this universal luxury, they will sit and talk on business matters for hours, during which time it may be fairly calculated that both host and guests tell a lie per minute, without betraying by their countenances the slightest consciousness of having been thus engaged. this strange sort of preliminary negotiation goes on, probably, for a week; at the end of which the passer-by may see the contents of the different bugis boats entering the chinese shops or stores, as the case may be. on getting rid of his import cargo, the bugis trader takes a few days more to rest and refresh himself, before he begins looking round for a return cargo, which usually consists of opium, iron, steel, cotton yarn, cotton goods, gold thread, &c. he seldom or never takes money away with him. on an average, two hundred of these boats come to singapore in the fall of the year, each manned by about thirty men. their crews are not allowed to land armed with the _kriss_ or any other weapon; a wise precaution, as they are rather too fond of having recourse to them in the event of any quarrel or misunderstanding with those with whom they deal. notwithstanding this salutary regulation, i have witnessed serious disturbances, ending, on more than one occasion, in bloodshed, between these traders and the bazaar shopkeepers of singapore. what i refer to occurred many years ago, however, and is not very likely to happen again, as the reins are kept much tighter over them than of yore. they are essentially a maritime people, and are not, as far as i have ever heard, addicted to piracy. they generally sail in small fleets, and are quite prepared to defend themselves against the common malay pirate, who meets a stout resistance when he meddles with them. like most, or, i may say, all the inhabitants of this part of the world, they deal more or less in slaves; and it would not be difficult to prove their having sold boys and girls in singapore within these ten years, though i firmly believe that the disgraceful traffic has been put an entire stop to of late. these men visit, during the months in which the south-east monsoon prevails, torres straits, and the numerous islands in that neighbourhood, for the purpose of gathering béche-de-mer and tortoise-shell. they pick up, also, slaves from papua (new guinea), for whom they find a ready market in celebes. our settlement of port essington has long been a favourite resort of the bugis trader; and were the government to encourage chinese and other settlers, by giving them grants of land, to establish themselves there, there can be no doubt that it would soon become a very important place, instead of a mere military station, or rather place of banishment, for some fifty royal marines. as for its being a refuge for shipwrecked seamen, i have never heard of an instance of a crew of the numerous vessels annually lost in torres straits seeking shelter there. this state of affairs would be altered, however, were the port thrown open to the commercial world. as it is, a shipwrecked crew landing there, might have to remain a twelvemonth for an opportunity to get away again; consequently, every seaman placed in that unfortunate position, pushes on in his open boat to the dutch settlements on the island of timor. next in importance to the bugis, i may rank the siamese and cochin chinese traders, who arrive at singapore during the north-east monsoon. the trade of these two countries used to be carried on entirely in junks peculiar to each of them respectively; but the state of things has been materially altered of late. the sovereigns of siam and cochin china have recently built and fitted-out several square-rigged vessels, those of siam being commanded by europeans, and manned by natives of that country. these vessels are the private property of the kings whose flags they bear, and are loaded on their account and at their risk. their cargoes consist principally of sugar and rice, which find ready purchasers in singapore. the sugar of siam is of very superior quality, and is sent up in large quantities to bombay, whence it finds its way up the indus and the persian gulf. the rice of siam is a superior article, and has of late been sent in considerable quantities to london. the grain is liable to the disadvantage of not keeping so well as that of bengal or java; but this fault might, i think, be obviated, partially at all events, by adopting the calcutta plan of putting a pound or two of rice-dust and lime into each bag: this not only tends to preserve the rice, but repels the destructive weavil; a little black insect that makes its appearance in wheat and rice, in immense numbers, in those warm latitudes. the cochin chinese ships generally bring each four thousand _peculs_ of sugar, which is of three qualities; namely, sixteen hundred _peculs_ of first quality, the same quantity of second, and eight hundred _peculs_ of the third sort. the first two are good articles, though not equal to the sugars of siam. the cargoes of these ships are so carefully put up, that i have purchased and re-shipped them without opening or weighing more than five bags out of each hundred, and have never had cause to repent the confidence thus placed in the seller, who is an _employé_ of his cochin chinese majesty. in addition to sugar and rice, the siamese vessels bring gamboge and cocoa-nut oil of a superior quality: the former is bought up for the london and continental markets, and the latter for consumption in the straits' settlements. notwithstanding the monopolizing system of the sovereigns of the two countries just mentioned, the trade by junks is still carried on to a limited extent: their cargo consists of the same articles as the kings' ships bring; and their owners make money in spite of monopoly and of the iron rod with which they are ruled. at the commencement of the rupture between great britain and china, his siamese majesty thought proper to follow the example of his celestial brother, and to interdict the trade in opium, which used to flourish in his dominions. his proclamation prohibiting the trade, came so suddenly upon the parties concerned in it, and took effect so immediately, that many of the opium-traders went into his capita of bang-kok with their usual cargoes, in utter ignorance of what had taken place, and found their vessels seized, their cargoes confiscated, and themselves put in irons and thrown into prison, where they were kept till the interference of the singapore government procured their release as british subjects trading under the english flag. the restriction on this trade has not yet been removed ( ); nor is it likely to be, till the king finds himself in want of money, when he will be glad to allow his subjects to resume a traffic that yielded him a large revenue in former days. siam produces teak timber of excellent quality, which can be had on very reasonable terms; and of this, the ship-builders of singapore do not fail to take advantage. a portion of the cochin chinese trade is carried on in vessels so small and so frail, that it is astonishing that men can be found to navigate with them the dangerous chinese sea: they do not exceed thirty tons burthen. being wholly unprovided with defensive weapons of any description, many of them are annually taken by the malay pirates as soon as they make their appearance inside point romania, at the mouth of singapore strait. they are lateen-rigged with mat sails, are fast sailers, hold a good wind, and have a very pretty appearance when entering the harbour in fleets of fifteen or twenty sail. singapore is annually visited by a large fleet of vessels from all parts of java: the most important of these are what are commonly called arab ships, that is, ships fitted out and owned by arabs residing in java. they carry the dutch flag, are commanded by arabs, and manned by javanese. if fame does not belie them, these arab commanders are notorious smugglers. this is certain; that they take goods from singapore in exchange for the coffee, sugar, rice, &c., which they bring from java, and that they give prices that would leave them no margin for profit, if his netherlands majesty's duties were paid on them. for this sort of illicit trade, the coast of java offers many facilities in its numerous small rivers, with which the arab ship-master is intimately acquainted. the article of opium, though strictly prohibited by the authorities of java, is taken by the arabs from singapore in considerable quantities, notwithstanding the pains and penalties attached to its being found on board their vessels; and smuggled into java the drug most undoubtedly is, let the dutchmen boast of their spies and custom-house establishment as they will. these arab ships are built of teak, ranging from one hundred and fifty to five hundred tons per register, and are altogether remarkably fine vessels. from the islands of lombok and bally, directly eastward of java, the market of singapore receives a large annual supply of rice of fair quality, a small quantity of coffee, and some coarse native cloths, to which i may add, a few good stout poneys. the boats from these islands resemble those from celebes, and are sometimes classed among the bugis traders: they carry back, as return cargoes, opium, muskets, copper cash, a little gold and silver thread, cotton yarn, and cotton manufactures. these islands have their own rajahs and laws, but are narrowly watched and kept in check by their neighbours, the dutch. borneo, notwithstanding its vast extent and immense internal wealth, has but a limited external trade. boats from sambas, pontianack, and borneo proper, visit singapore every year, from may till october, and bring with them black pepper, malay camphor, gold-dust, rattans, &c. most wretched boats they are, and, according to the accounts given to me by their _hakodas_ (commanders), very difficult to keep afloat when laden. little can be said in favour of the natives of the sea-coast of borneo, which is, and has been for ages, the haunt of pirates. many vessels, particularly native _proas_, have been plundered, and their crews murdered or carried into slavery, by the marauders of this inhospitable shore; and it is not twenty years since a visit to it was considered as highly dangerous even in a well-armed vessel. whole fleets of piratical boats ascend from time to time the rivers of this island, and plunder the native villages, carrying off the females and children as slaves, murdering the adult males, and setting fire to the houses. the proceedings of these vagabonds have received some severe checks, of late years, from the operations of a spirited and enterprising individual, mr. james brooke, whose well-known zeal and activity are beyond all praise. an occasional visit also from one of her majesty's ships, has done much good; and the recent operations of capt. keppel of the dido, gave them a check they will not soon get over. the ascertained existence of extensive veins of coal on the banks of the river of borneo proper, will render that neighbourhood of great importance, on the completion of the line of steam communication from ceylon to hong kong, _viâ_ singapore. i believe there is no doubt either as to the large quantity of coal to be had there, or as to its superior quality. but, upon the subject of borneo, i shall have a few words more to say hereafter. the trade between calcutta and the straits' settlements, is both extensive and important. vessels from the hooghly visit singapore throughout the year, bringing large supplies of raw cotton, indian cotton goods, opium, wheat, &c. in return, they carry back vast quantities of gold-dust, tin, pepper, sago, gambia, and treasure. it is no unfrequent occurrence, to find the singapore market pretty nearly cleared of the circulating medium after the departure of two or three clippers for the "city of palaces." indeed, treasure and gold-dust are, in nine cases out of ten, the only safe remittance from the straits of malacca to calcutta; and those who remit in other modes, frequently sustain heavy losses, which not only affect the individuals concerned, but check the trade generally. i have now given a rapid view of the principal features of the native trade of singapore, without pretending to give a perfect account of it. before taking leave of this pretty little island, i will add a few general remarks upon its condition and prospects. its actual state, when i left it in , was far from being as prosperous as i could wish. an emporium of the trade of the whole of the eastern archipelago, its aggregate imports and exports may be estimated, in round numbers, at three millions sterling per annum. trade by barter is the system generally adopted; and notwithstanding long-continued exertions on the part of the european mercantile community to establish the cash system, their success has been so very partial, that nine-tenths of the remittances to europe and india in return for goods consigned here for sale, are made in produce. severe losses have been sustained here, from time to time, by the european mercantile firms, in consequence of their giving credit, to an almost unlimited extent, to chinese and other dealers, many of them mere men of straw. during last year, these losses have amounted to very considerable sums. this has led to renewed and more strenuous exertions to establish a cash system, but, i fear, with indifferent success. the present state of the bazaars is very far from satisfactory: my last accounts state, that no one knows who can be trusted. the natural consequence of such a state of things is, a serious decrease in the amount of sales; and had it not been for the demand for glasgow and manchester manufactures, caused by the high price of those articles in china, the importers would have had four-fifths of their stocks left on hand. of the state of the public health in singapore, i am able to report most favourably. let any one go there and see the european residents of sixteen and twenty years' standing, and he will be able to judge for himself. during an intimate acquaintance of eighteen years with this part of the world, i have never known any endemic disease to prevail; never heard of more than one european dying of cholera, or of more than three europeans being attacked with that disease; never knew but one or two cases of liver-complaint in which the sufferers had not their own imprudence to thank for the attack; and, as far as my memory serves me, cannot reckon up two deaths among the european inhabitants in that long period. some one may here whisper, "look at the state of your singapore burying-ground." my reply is, that it is filled by the death of numbers who have, from time to time, arrived from calcutta and other parts of india in a dying state, and who would have died six months sooner, had they not come to breathe the pure air of singapore. on this point, i boldly challenge contradiction. as to the commercial prospects of this island, i have some misgivings. the recent establishment, by her majesty's government, of the british colony of hong kong, and the opening of the northern ports on the coast of china, will, i fear, give its commerce a check: indeed, it seems inevitable that it should suffer from these causes. when we consider the vast importance of the chinese junk-trade to singapore, and take into account the cheaper rate we can supply them, now their ports are open, at their own doors, with every commodity they require from the malay islands, the risk, trouble, and expense they will save by supplying their wants or disposing of their superfluities, in the harbours of shang hae, ningpo, foo chow, or amoy, instead of undertaking the long voyage to the straits of malacca for that purpose,--one is at a loss to conceive on what grounds the sanguine expectation can rest, that the opening of china will do singapore no harm. some of its merchants evidently share in my anticipation, as they have completed arrangements for forming establishments at hong kong, in order to avail themselves of the change they expect to take place in the course of the trade. it will not be this year, nor, probably, the next, that this change will take place; but, that it must ultimately come to pass, i can see no room to doubt.[ ] [footnote : sept. .--recent accounts from singapore in some measure confirm this view. it is noted, among other things, that the quantity of tea imported by the chinese junks in the season of - was only quarter-chests; whereas, in that of - , the imports exceeded twenty times that quantity. camphor, however, continues to come in as large quantities as ever. the opium trade again, has diminished three-fourths; and my prediction that pepper &c. would be carried to the northern ports of china in european vessels, has been fulfilled, though, from this branch of commerce, singapore, or its merchants, will still derive benefit as carriers. the chinese of singapore have taken up this trade with great spirit, and will doubtless continue it.] in other branches of its trade, singapore will, probably, not suffer so much from the late arrangements with china; but it will suffer more or less. it is extremely likely, that a large portion of the rice of bally and lombok, the pepper of borneo, and the béche-de-mer of celebes, will be carried direct to china in european vessels, instead of passing, as hitherto, through the hands of the singapore merchants. whenever a new mart is opened, there is no want of men, money, or ships to take advantage of it; and we can place pepper from borneo, and rice from bally, in any port on the coast of china, for less money, by carrying them there direct from the place of growth, than the chinese can by carrying them from singapore in their junks. these vessels only make one voyage in the year; whereas a square-rigged vessel can make three with ease; and it is on account of the greater service performed by the latter, that she can carry goods to market cheaper than a junk. i repeat, therefore, that i think the trade of singapore has reached its maximum; and that the town has attained to its highest point of importance and prosperity. indeed, it is at this moment rather over-built. a beautiful and healthy town, however, it is; and that it may not suffer materially or permanently from the causes above mentioned, but continue to prosper as formerly, is a wish that comes from the very bottom of my heart. singapore is under a governor, (who also rules over malacca and penang,) resident councillors, a police magistrate, and some half-dozen under-strappers. the establishment is altogether an economical one, and, on the whole, well conducted. it has, moreover, a court of justice, with civil, criminal, and admiralty jurisdiction, which is presided over by a recorder appointed by the home government. his authority also extends over the neighbouring settlements of malacca and penang. the governor and three resident councillors are members of this court. in the absence of the recorder, they can and do hold court, and, in extreme cases, carry into execution sentences of death passed on their own responsibility. the late governor, the honourable s. g. bonham, held the post for many years, and left the island with the good wishes of every inhabitant. to his credit and honour be it said, that, out of the many hundreds of civil cases tried and adjudicated by him, i never heard of one in which his decision was reversed, in the event of the parties petitioning for and obtaining a new trial from the recorder. such petitions, owing to the well-known love of litigation inherent in the asiatic character, were very numerous; but, in nine cases out of ten, the recorder saw no reason to grant a new trial; and the few who succeeded in obtaining new trials, would have been better off without them, as mr. bonham's verdict was always confirmed. five, ten, fifteen years ago, the society of singapore was much more agreeable than it is now. not that the parties who composed it then, were more pleasant people than the present residents; but we met oftener in those days, and were more sociable when we did meet, and, perhaps, opened our doors to the stranger oftener than is practised at the present time. one is apt, however, to be biassed in favour of the times and the people that seemed to ourselves the most agreeable; i shall therefore say no more on this delicate subject. the revenue of singapore is more than sufficient to pay its expenses: it arises principally from land-sales and land-tax; from farming out the privilege of retailing opium and spirits; from the rent paid for public markets; and from pawnbrokers' licenses. the sums derived from these sources are increasing every year. the local police are paid, and roads and bridges are maintained, from a fund raised by an assessed tax of eight per cent, on the annual value of fixed property. from this fund, mr. tom c---- withdraws a few thousand dollars occasionally, in order to build a new bridge or to make a new road; a proceeding that does not give entire satisfaction to the rate-payers, and is indeed hardly fair towards them, since the new bridges and roads render available large tracts of land that would otherwise be valueless, and for which tom c----'s honourable masters obtain a handsome price in consequence. the inhabitants grumble at these proceedings, but can do no more, the sole and whole management of the fund in question being in the hands of the local government. singapore is a free port; and vessels of all kinds and from all nations come and go, without paying one penny to government in any shape. all that is required of them is, to give in a list of the goods they either land or ship. this regulation is intended to enable the authorities to keep a correct statement of the trade of the place; but it is, i am sorry to add, often evaded by ship-masters and their consignees, who seem to think that no trade can be profitably conducted without a certain portion of mystery attaching to it. chapter v. dutch settlements. dutch settlement of rhio--island of banca-- bencoolen--padang--chinese slave-trade--native tribes of sumatra--pepper trade. in september , i visited china for the first time; but, having recently paid that country a much more extended visit, i shall reserve for a future chapter my observations upon chinese affairs; and shall now proceed to give an account of some of the smaller dutch colonies or settlements which i visited about this time. about forty miles to the eastward of singapore, on the island of bintang (star), is rhio, a small dutch settlement, producing a large quantity of gambia and some thirty thousand _peculs_ of black pepper per annum. the bulk of the former article finds its way to java, where it is extensively used for dying purposes. nearly all the pepper is sent to singapore in small trading-boats, and is bought up there for the london and calcutta markets. my visit to rhio lasted only thirty-six hours, during which time i was too busy to be able to look much about me; but i have since frequently sailed past the town, and through the beautiful strait of the same name, and can vouch for it, that the lovers of picturesque scenery will find objects in abundance to attract their attention. shortly after entering rhio straits from the southward, the navigator is completely land-locked, and appears to be sailing in a large lake, amid the richest possible scenery; nor can he discern the slightest appearance of an outlet from this fairy scene, till he is within half a mile of the west end of the island of luborn, when, all at once, the view opens at that part which leads him into the straits of singapore. rhio has the character of being very healthy, and, from its soil and position, might be rendered productive. it is governed by a dutch resident, and protected by a small garrison and fleet. of the activity of this little fleet against the neighbouring pirates, i am glad to be able to speak most favourably; and i am bound to add a word in testimony to its commander's hospitality and kindness to shipwrecked british seamen, which have been frequently put to the test of late years, and have on more than one occasion called forth from the singapore chamber of commerce a vote and letter of thanks. shortly after the establishment of singapore, the dutch government proclaimed rhio a free port. this measure, fortunately for us, was adopted rather too late in the day to do any injury to the trade of sir stamford raffles's pet settlement, or much good to its neighbour. it must be somewhat galling to the good folk of rhio, to see some hundreds of vessels of all descriptions under the dutch flag sail past their harbour every year, bound for singapore, where they transact business to a large amount; favouring this port, probably, with a short visit on their return, for the purpose of purchasing a few hundred _peculs_ of gambia for the java market. on the north-east point of bintang, is a dangerous reef, on which the clipper-bark sylph struck in , and on which she lay for four months, defying the fury of the north-east monsoon and the heavy rolling swell from the chinese sea; thus proving beyond a doubt the great strength of a teak-built ship. an english ship in the same circumstances would not have held together a week; as was subsequently proved in the case of the heber. mintow (muntok according to the dutch) is the capital of the island of banca, so long celebrated for its tin-mines. this is a poor town, and very unhealthy: it is situated on the west side of the island, and faces the straits of banca, having the low, swampy shore of sumatra opposite. when banca was occupied in common with the other dutch colonies by the british, it proved fatal to nearly the whole of the garrison. the banca fever is, perhaps, one of the most dangerous diseases with which man is afflicted: those who are fortunate enough to recover from it, are subject for life to severe nervous attacks at the full and change of the moon. i well remember two gentlemen in batavia, who could scarcely lift their hands to their heads at these periods, though twenty years had elapsed since they had had this terrible fever. the dutch troops still continue to suffer severely from this cause; and to be sent to banca from java, is looked upon as the hardest lot that can befall a soldier. its tin-mines continue to be very productive, and yield , _peculs_ of pure metal per annum. from this source, the dutch authorities derive a considerable revenue. they employ chinese miners, to whom they pay six dollars for every _pecul_ of tin delivered on the coast in a pure state, which they sell readily in java for sixteen dollars per _pecul_; thus getting ten dollars clear profit, less about half a dollar per _pecul_, which it costs to send the tin to batavia for sale. as far as i know, banca yields nothing else; and the rice eaten by the chinese miners, is sent regularly from java. the rivers on this island are infested by very large alligators, which, from the scarcity of food, become highly dangerous. their hunger drives them sometimes to attack boats, as they are rowed up the rivers; and serious accidents occur from time to time in this way. i could tell one or two marvellous tales about the ferocity and bold attacks of these river-monsters, but refrain from doing so, lest they should lead the incredulous reader of these rambling sketches to doubt my veracity. the straits of banca were at one time the resort of numerous malay pirates: the activity of the dutch cruisers has, however, rendered their once dangerous neighbourhood perfectly safe, so far as the attacks of these marauders are concerned. i have sailed many times through the straits of sunda, banca, rhio, dryan, malacca, and singapore, since , and have known some few european vessels and many native proas taken; but, in all my voyages up and down, i never saw a boat or proa that i felt certain was a pirate. i have, indeed, seen many very suspicious-looking craft off singin, and between that island and the north end of banca; but, as they never molested us, i am willing to let their characters pass free, so far as i am concerned. the once thriving settlement of bencoolen, (or fort marlborough,) which i visited at different times between and , i found, even then, to have declined very seriously from its former prosperity. previously to its transfer, in , to the dutch, great exertions were made to render this settlement important for its exportation of spices of all descriptions; and, so far as regards nutmegs, mace, and cloves, those exertions were eminently successful. planters and others, however, soon found that, on the hauling down of the british flag, and the hoisting of the dutch, their prospects underwent a very material change, arising from duties and other charges laid on the commerce of the place. most of the capitalists retired with the british establishment, of which, indeed, they formed a part. a hard struggle was maintained by those planters who remained behind, but without success; and the place is now very little more than a station for a dutch assistant-resident and a small garrison. bencoolen harbour is a dangerous one, particularly during the prevalence of the boisterous north-west monsoon, which blows with such violence on this part of the west coast of sumatra. ships generally anchor close under the lee of rat island and reef, where they find smooth water, unless the weather is unusually severe. this anchorage is seven miles from the wharf where merchandise is landed, and considerable risk is occasionally incurred by the cargo boats in making good this short distance. in very stormy weather, ships and boats also are compelled to seek shelter in pulo bay; a vile, unhealthy place situated about twelve miles south-east of rat island, and surrounded with a low, swampy, agueish-looking country. the siamese suffer severely in this harbour from fever and ague, and ship-masters are glad to leave it as soon as the weather moderates. in my time, there was a convenient covered wharf at bencoolen for landing goods, but not a vestige now remains: it was originally built by the english, and the dutch have not cared to preserve or replace it. in the present wretched state of the settlement, indeed, it is of trifling consequence, since little difficulty can be found by the few merchants from java who from time to time visit bencoolen, in landing the small quantities of goods they may have to dispose of. the climate of bencoolen is the worst it has been my fortune to encounter since i left europe. the land wind that sets in about seven p. m., is the most trying breeze i ever encountered. to sit in an open verandah when it is blowing, is quite out of the question; at least with impunity. i tried the experiment more than once, and never escaped without a severe seizure of trembling something like ague, within less than half an hour. the injurious effects of this land wind may be traced to the swamps between the hills in the vicinity of the town, which, unlike those of singapore, are formed by fresh water, and are no better than stagnant puddles. in passing over these, the wind becomes of course charged with malaria, which it distributes in every house between it and the sea; and woe betide the european who fails to keep out of its way! most places that i have visited, have a healthy, as well as an unhealthy season. bencoolen is an exception to this rule, being unhealthy all the year through. even vegetation suffers here from the south-east monsoon; and a nutmeg-plantation exposed to its dry, parching influence, has the appearance of a plantation of heather-brooms more than of any thing else.[ ] the natives do not appear to suffer from the climate, but seem to be as healthy and long-lived as asiatics generally. of the character of these natives, i can say little that is favourable. they are indolent, proud, though poor, gamblers, vindictive, and far too ready with the knife on little or no provocation; they are very fond of dress, and not over scrupulous how they gratify this taste; for which purpose i have known them have recourse to theft, lying, robbery, and even murder. had they one single spark of energy in their composition, they might be a thriving and contented people, possessing as they do a boundless extent of rich virgin soil, which they are too lazy to clear and cultivate. the place is overrun with a race of petty rajahs and other nobles, who are a social pest, being poor, and yet too proud to strain a nerve to support themselves and their families. sir stamford raffles succeeded in rousing the ambition of these men a little, by giving some of them commissions in the local corps, which gratified their taste for gay attire, and supplied them with a few hundred rupees per month to keep up a little state. from my sweeping reproach of the chiefs, i would except these _radins_[ ] with whom i have spent many pleasant evenings, and who really possessed gentleman-like feelings and tastes. [footnote : this remark applies to the side of the tree that faces the south-east only. the north-west side is perfectly healthy-looking and green, when its opposite is the very picture of blight and decay.] [footnote : radin, a noble next in rank, in the malay world, below a rajah.] the transfer of this settlement to the dutch (in exchange for malacca) in , was a severe blow and great disappointment to all the natives, both high and low. at a meeting of chiefs held at the government house, at which the english and dutch authorities were both present, for the purpose of completing the transfer, the senior rajah rose to address the assembly, and spoke to the following effect:--"against this transfer of my country i protest. who is there possessed of authority to hand me and my countrymen, like so many cattle, over to the dutch or to any other power? if the english are tired of us, let them go away; but i deny their right to hand us over to the dutch. when the english first came here, they asked for and got a piece of land to build warehouses and dwelling-houses upon. that piece of land is still defined by its original stone wall, and is all they (the english) ever got from us. we were never conquered; and i now tell the english and dutch gentlemen here assembled, that, had i the power, as i have the will, i would resist this transfer to the knife. i am, however, a poor man, have no soldiers to cope with yours, and must submit. god's will be done." this was a bold, straight-forward speech; but it was thrown away upon the callous ears of the hearers. delivered in pure malay, it sounded stronger than in this translation. the speaker was an old man, with whose power and will for mischief, in former days, the british had good cause to be acquainted.[ ] [footnote : this chief will long be remembered in bencoolen for his reckless daring, when a desire of vengeance for any insult, real or imaginary, stirred the devil within him. many a midnight murder was laid at his door, and with justice too, if i am not very much mistaken. the last time i saw him, he was very near his end, and spoke of his death as calmly and tranquilly as if he had lived the purest life imaginable. he is long since in his grave, and his family has sunk into insignificance. i do not believe a more thorough villain ever walked the earth.] the country round bencoolen is, with the exception of the spice-plantations, covered with a thick forest. the soil is rich, and, as i have said, might be turned to good account, by means of a small portion of energy on the part of the natives. the forests abound with the tiger and the elephant. the former finds plenty of game to feed on, and, consequently, seldom molests man. it is not an unusual occurrence for a single tiger to attack a herd of cattle when grazing in the neighbourhood of their owner's grounds: singling out his intended victim, he pursues it to the last, without, in general, attempting to injure any of the rest as soon as the cattle see or smell the approaching tiger, they become quite wild, and run at their full speed towards their herdsman, whom they surround apparently for their own protection, and continue in great commotion, though without attempting to run, till their enemy is either driven away, or has succeeded in capturing one of their number. the elephant is here of a large size, and is occasionally caught in snares by the natives for the sake of his tusks, which i have seen weighing one hundred and twenty pounds each. this huge animal is not dangerous to man, unless his path is crossed, when, particularly if a single male one, he becomes a formidable neighbour. he is easily tamed; but the native here is too indolent to trouble himself with the task. the only one i ever saw made use of, was sent by the king of acheen to sir stamford raffles, and was, in my time, the property of my friend, mr. robert bogle. strange stories are told of the power, sagacity, and cunning of this monarch of the woods. among other feats, the natives say, it is not uncommon for one elephant to lie down, and let another stand upon his back, in order that he may reach higher up a cocoa-nut tree, and have a better chance of pushing it down. i tell the tale as it was told to me, not caring to vouch for its truth. bencoolen is occasionally visited by the hill tribes from the mountains in its neighbourhood: they come down in bands of ten, fifteen, or twenty men, bringing with them gold-dust to barter for opium. as neither rice nor cocoa-nuts grow in the elevated region inhabited by them, they usually bring also a few bags of potatoes to exchange for those luxuries. they are a hardy race of men, strongly built, of middle stature, and have very thick black beards; a singular feature in an inhabitant of this island. i am sorry to add, that they sometimes visit the coast for other and less legitimate purposes than barter; and that their kidnapping children to make slaves of, is no uncommon occurrence. several instances of this kind took place in , within my certain knowledge. i have frequently heard it said, "go where you will, you are sure to find a rat and a scotchman." my having visited bencoolen enables me to contradict this aphorism; for i there found abundance of rats, one englishman, and not a single scot. i must confess, however, that this is the only place in which i have ever found the englishman without the scot. cock-fighting is carried on to a great extent here, and is indulged in by the natives, high and low. on market-days, vast numbers of natives may be seen wending their way to the cock-pit attached to each market or bazaar, with one of the celebrated malay game-cocks under their arms. at the pit, some hundreds of these birds may be seen in the hands of the fanciers, who weigh and examine them thoroughly before betting on them. as soon as the bets are arranged, the two birds first on the list are brought into the centre of the pit, and armed by their owners with a fearful spur about four inches long, of the shape of a scythe, and as sharp as a razor. the combat seldom lasts a minute, the first charge generally rendering one, and frequently both the combatants _hors-de-combat_, by inflicting on them mortal wounds. then begins the most disgusting part of the scene. the owner of each bird takes him up, blows into his mouth and eyes, and uses every exertion to make the poor tortured victim give the last peck to his adversary. failing this last peck, the battle is a drawn one. bets are usually paid, particularly in the country, in gold dust, which is weighed out in small ivory steelyards kept for the purpose. the dutch, with their usual policy, derive a revenue from every cock-pit within their boundary here. for my own part, i am not inclined to blame them, and think our revenue at all the three straits' settlements might be materially increased, and the scamps of those places kept in better order, by having every gambling-house in them registered and subjected to a tax. to put a stop to gambling in any asiatic town, is beyond the power of man; and the attempt to do so, only drives the gamester to the secret haunts where he may indulge his propensity, and where, i fear, too often he becomes a witness of, if not a participator in deeds of blood. as a grand juror in singapore, i have had evidence enough of this. from bencoolen, i proceeded to padang, another dutch settlement, about two hundred miles up the coast of sumatra. padang, as its name implies, is situated in a plain, and is a very few feet above the level of the sea; yet, it is a healthy place. it was once in possession of a considerable trade, but this has diminished of late years, in most articles, except coffee, of which i am told it now exports , _peculs_ per annum. the harbour or anchorage is about five miles from the mouth of the small river on the banks of which the town stands, and is a dangerous one in boisterous weather, having little or no protection from the fury of the north-west monsoon. the trade from java to this part of sumatra, consists principally of rice, salt, native clothing, and a few supplies for the european and chinese inhabitants of the place: in return, it sends coffee and pepper. there is a disgraceful traffic carried on between padang and the island of nias, a little further up the coast, by chinese, who visit that island, and purchase hundreds of its inhabitants, for whom they find markets all along the coast. those brought to padang, are not, indeed, sold as slaves; but they are registered at the resident's office, and held as bond-debtors for different terms of seven, fifteen, and even twenty years: during this servitude, they are treated as slaves, but are free at its expiration; they have also the option of buying their liberty in the meantime, if they can raise the means; and the proprietor is not at liberty to refuse a sum equivalent to the value of the unexpired term of service. this value is fixed thus: on the registering of a debtor, a certain sum is put down as his value or debt; say rupees; of this sum, a certain proportion, say rupees, is placed to his credit for every year he serves; so that, if he serves his master for five years, his debt is reduced to three hundred rupees; and this sum, the master is compelled to accept as the price of his liberation. if a debtor has a hard master, he is at liberty to induce another to buy his services; and the transfer cannot be declined, if the sum due is forthcoming. these nias people are, men and women, a much fairer race than malays, and speak a language of their own. many of the men become expert carpenters, bricklayers, blacksmiths, &c., which enables them to earn money and purchase their freedom; and for such skilled artisans, the master can demand no more as the price of their freedom than the balance due upon their services. i have seen boat-loads of these poor creatures landed at padang, consisting of old men, women, boys, girls, and mere infants, looking wretched enough, and marched off to the police-office to be registered and sold. this is a black spot in the dutch administration of affairs in sumatra. the proceedings of the dutch on the coast of sumatra, are a sore subject to the singaporeans, as having interfered with their trade with the north-west coast of the island. by means of the extension of the dutch posts from padang into the interior, they compel the native to carry his coffee thither, instead of taking it, as formerly, down the siak river, and thence to singapore. this accounts, in a great degree, for the increase in the export of that berry from padang, from thirty to sixty thousand _peculs_ per annum, between the year and . padang is very subject to frequent earthquakes, being surrounded with volcanic mountains. to look at its houses, one would think that a single shock would level the whole town. the best of them consist of a frame of wood, each post standing on a single stone, which is simply laid on the ground, not let into it; the vacancies between the posts and the cross-pieces of framework, are filled up with lath and plaster; and the roof is almost invariably of thatch. they resemble huge stools resting upon stones, to keep the legs from sinking into the earth, and look as if the first breeze would upset them. an earthquake shakes them, and makes them vibrate, but seldom or ever injures them; whereas a brick and mortar house, subjected to the same severe trial, would certainly give way, unless it were of very substantial workmanship. i have experienced several severe shocks of earthquakes, both here and at bencoolen, and at first felt very much disposed to quit the house; but custom reconciles one to almost every thing, even to seeing your dwelling-house dancing, or "jumping _jim crow_." since the dutch got possession of this part of sumatra, they have almost constantly been at war with a neighbouring tribe of natives, who, from their fanatical zeal in the cause of the mohammedan faith, have obtained the name of _padres_; and the war is called the _padre_ war. these men have occasioned the government a vast deal of trouble, and cost it a mint of money, as well as many valuable lives. when beaten in the field, they suddenly disperse and retreat to their mountain fastnesses, where they remain to strengthen themselves, and watch their opportunity to make a fresh attack on the dutch posts. in this manner they harass their opponents, and occasionally inflict upon them a very severe blow. i heard at padang, that, when the country was ceded to the dutch, in , these _padres_ had said, they would never submit to their power; and well have they kept their word. sumatra, were it under a european power, and peopled as well as java is, would soon rival that island. its soil is, for the most part, equally fertile, and yields coffee, pepper, nutmegs, &c. only a small portion of the territory is subject to the dutch: the remainder is inhabited by various tribes, who speak different languages, and mix but little together. they are mostly an indolent people, and require driving by their chiefs to make them work for a day or two now and then. the comparatively small produce exported from this large and fertile island, is obtained almost entirely by forced labour. the pepper trade of the ports to the northward of padang, has ceased to be a profitable one, and is now neglected. european shipmasters used to complain bitterly of the roguery practised upon them by the native dealers; but who taught the native his roguish tricks? who introduced false weights? who brought to the coast lb. weights with a screw in the bottom, which opened for the insertion of from ten to fifteen pounds of lead, _after their correctness had been tried by the native in comparison with his own weights_? who made it a regular rule, in their transactions with the native dealer, to get _catties_ of pepper to the _pecul_, thus cheating him of thirty per cent, of his property? i challenge contradiction, when i assert, that english and american shipmasters have for thirty years been addicted to all these dishonest practices. the cunning and deceit of the native traders, at the pepper ports of sumatra, have been taught them by their christian visiters, and forced upon them in self-defence. an acquaintance of mine, who had made some purchases from a native, went on shore next morning to receive the goods. when the pepper was being weighed, he told the native clerk, he was cheating. the man denied it, and told the party he lied. the european raised his fist, and threatened to chastise the native, who coolly put his hand on his ever-ready _kris_, and said, "strike, sir." the raised hand dropped to its owner's side, and well it was that it did so; or the party would not have lived to tell the tale of his having threatened the clerk of a sumatra rajah. a large portion of the pepper used to be paid for in dollars; and it is a singular fact, that, notwithstanding the number imported in this way, no one ever saw a single dollar exported, or seems to know what becomes of them. it is generally supposed, that the rajahs buy them, and that they often die without revealing where their treasure is deposited. be this as it may, it is very difficult, under any circumstances, to extract a dollar from the chiefs of this coast. the trader in this part of the world, works hard for whatever he may earn, having to encounter much severe weather, and to go through a heavy surf every time he lands. indeed, so heavy and dangerous is the surf, that few ships' boats are fit to go through it. the shipmaster generally rows to the back of it in his own boat, and obtains one from the shore to land in. of this, the native does not fail to take advantage in the event of any dispute, knowing that his customer cannot leave the shore without a boat, to be had only through his influence; and it is no uncommon thing for the european to be detained all night, and made to settle accounts in the morning before going off. the coast of sumatra, from acheen head to flat point,(its two extremes in this direction,) is a highly dangerous one, being iron-bound, with a heavy surf and many reefs off it. i envy not the man who has to make his voyage here against the north-west monsoon. the dutch are extending their ports on the sea-board from padang northward, and will ere long reach acheen head; when they will have a struggle, if the acheenese people possess a moderate portion of their ancient gallantry and hatred of europeans.[ ] [footnote : since my return home, i have seen an account of the proceedings of two of her majesty's sloops on the coast of sumatra from acheen eastward. sir w. parker, with his usual promptitude, sent them there from penang, to punish the perpetrators of some acts of piracy lately committed on british vessels. the service has been most effectually performed; and the marauding native has been taught, that, distant as he may be, punishment is the certain result of meddling with the flag of england. the ships of war in and about the straits of malacca, would do much good to the commerce of their country by an occasional visit to acheen and the coast of pedir. there is nothing like the sight of a few eighteen-pounders for keeping the domineering malay rajah in check.] chapter vi. malacca and penang. malacca, which i first visited in , and have repeatedly revisited, is completely shorn of its ancient glory, and is no longer of the slightest importance, either as a military position or as a trading mart. penang, at one end of the straits, and singapore at the other, have destroyed its prosperity; and it is now a poverty-stricken place, with little or no trade. the town is built in the old dutch fashion, each house with its out-offices forming a square with a yard in the centre. the government offices are still held in the ancient stadt-house, a venerable pile built by the worthy dutch burghers some hundred and fifty years ago, and retaining to this day its ancient furniture of ebony, many pieces of which, by the way, have lately supplied patterns for modern sofas and other furniture. the european population is composed almost entirely of the civil servants of the government and the military men, who reside principally in the immediate neighbourhood of the town, not liking their malay neighbours well enough to feel inclined to spread far into the country. some few attempts have been made, within the last fifteen years, to establish nutmeg and other plantations at malacca; i fear, without much success. not that the trees do not thrive, but that labour is scarce, owing to the prevailing indolence of the people in this part of the world. moreover, occasional disturbances among the natives render a residence on the spot (without which little success can be expected) any thing but pleasant. the place is a burthen to the east-india company, as its revenues do not pay half its expenses. the country round malacca is mountainous, and covered with large timber. in its neighbourhood are several tin-mines, which yield a metal some twenty per cent. inferior to that of banca. this tin finds its way, like every thing else in the archipelago, to singapore, where it has of late fetched only thirteen dollars and a half _per pecul_. there is a race of men at malacca, who appear to be the descendants of some natives of malabar who settled there a century ago, and malay women; a bad breed certainly, and the men i speak of seem to possess all the _devilry_ of both races. numbers of them visit singapore from time to time, bringing among other things, thousands of the malacca canes which are so much esteemed in england. they have other employments, if fame does not belie them, not quite so creditable to their characters. here, also, may be found many descendants of the old portuguese inhabitants, who have here, as elsewhere all over the east, degenerated sadly, and, but for their dress, could not be distinguished from the other natives, except that the latter are a much finer race. these portuguese are, for the most part, wretchedly poor, and, apparently, will soon become extinct. very few of the descendants of the old dutch inhabitants are to be found here now: those still remaining are principally shopkeepers, and are much more respectable in every way than their portuguese fellow subjects. slavery, until lately, existed in a domestic form in malacca; it has, however, been completely done away with through the representations and exertions of the late governor, mr. bonham. malacca forms a pretty picture from the sea, and, to the passer-by, seems an attractive spot: his disappointment, on landing, however, would be great, and few inducements to prolong his stay will be found, excepting the climate. this, to the invalid from bengal, is a treat, on which i have heard many expatiate in glowing terms after their return, with renewed health, to calcutta. penang, or prince of wales island, is, perhaps, the most beautiful of the three straits settlements, though it is certainly not the most salubrious, being occasionally visited by a very severe fever, which, in my time, carried off many of the european inhabitants.[ ] [footnote : at this moment, i cannot recal to recollection a single existing resident of penang who has not arrived there since . the europeans of that time have all, or nearly all, been removed by death.] here, the nutmeg and the clove come to perfection; and the produce of penang commands higher prices in the london market, than the spice of any other country with which i am acquainted. the estates of mr. brown are the finest on the island; and the hospitality of their proprietor is unsurpassed. of late years, the profits of spice-plantations have become somewhat precarious, as the supply in the european markets has exceeded the demand. this has turned the attention of several of the leading people on the island to the sugar-cane, which thrives here well, and is now to be seen covering large tracts which very recently were lying waste. the sugar-planter here, however, labours under the same disadvantage, as to import-duty in england, as his brother planter of singapore, which, if not altered, will mar his prospects. strong representations on the subject have been made to the bengal government, and (i believe) to the court of directors, as yet without effect. the revenue of penang is derived from the same sources as that of singapore, but falls short of the annual expenses of the place. this may be accounted for by the falling off in its trade, and the decrease in its population, since the establishment of the last-named settlement. it still retains a considerable trade with sumatra, the coast of coromandel, and calcutta, but its direct trade with england is almost entirely cut up. it is also the _dépôt_ for the tin collected at junkseylon, and other places on the malay coast immediately opposite. altogether, however, the establishment of singapore has very much injured penang, and thinned its population, rendering its houses of little or no value, and giving to its streets a deserted appearance from which they will never recover. the plain on which the town stands, is bounded on two sides by the sea, and, beyond the town, is dotted over with pretty garden-houses: it is intersected in all directions by good roads, which are lined throughout with the prettiest of all hedges, composed of the dwarf bamboo. beyond this plain, the country becomes hilly and covered with woods, except a spot here and there, where the spice-planter has made his clearing, and built his bungalow. on the tops of several of these hills, which are higher and more extensive than those of singapore, may be seen bungalows for convalescents, approachable only by a bridle path, up which the stout little poneys of the island carry bravely the health-seeking or pleasure-seeking party. these spots are delightful residences; and the climate is cool enough at night to make a blanket on the bed most welcome and comfortable, i have my doubts whether these are fit places for the invalid to resort to, particularly if his complaint be of a pulmonary nature. immediately after sun-set, the hill top is enveloped in a dense fog, which makes every thing in the house feel damp, and which does not disappear till ten a. m. next day. it were worth while to ride up one of these hills, for the sole purpose of watching the clearing off of the fog in the morning: the visiter taking his stand in the verandah about nine a. m., and looking down, in the direction of the plain, on the dense mass of fog hanging over the town and suburbs, sees it by degrees clear away like a curtain slowly withdrawn, and the houses, roads, bridges, &c., appear below him as if springing up there by magic. add to this, the fleet of shipping in the harbour, the opposite plains of province wellesley, and the distant mountains towering in the sky beyond, and a scene may be imagined, that can scarcely be described; at least, not by my feeble pen. when i first visited penang, province wellesley was a wilderness, inhabited only by a thin malay population and numerous tigers.[ ] it now wears another and more pleasing aspect, large tracts of its fertile soil having been cleared and brought under cultivation. i know no better spot for the culture of sugar; and if it does not pay the planter here, those of penang or singapore have but a poor prospect.[ ] penang harbour is a very commodious and safe one, formed by the narrow strait between that island and the main land. ships of three hundred tons may here lie within pistol-shot of the wharf in perfect safety. i have never seen the phosphoric light occasionally thrown out by salt-water, so brilliant as it is here. i recollect being very much struck with it, while sailing out of the harbour about eight o'clock p. m. we had a fresh breeze, and each tiny wave looked like a flash of very bright flame, while the ship's wake resembled the tail of a brilliant comet, more than any thing else. i leave the naturalist to account for this. [footnote : although the jungles of penang abound with tigers, i have seldom heard of their preying on man, as they do in the neighbouring settlement.] [footnote : oct. .--penang has increased in importance since the foregoing was written. its sugar-planters have continued their exertions with energy, sparing neither trouble nor expense to make their plantations profitable investments. it gives me much pleasure to be able to add, that their success seems certain, and that their perseverance in petitioning government on the subject of duties, has at length been rewarded, as it ought sooner to have been.] chapter vii. calcutta. first view of calcutta--state of society-- mercantile changes--unpleasant climate--sights at and near calcutta--improvements in transit and navigation--custom-house nuisance--pilot service--character of the bengalees--river steamers. in , i visited for the first time the far-famed city of calcutta, and have since then paid it four visits. so much, however, has been written about the "city of palaces," that it must be nearly as well known to the english reader as london itself; and i shall therefore say less respecting it. the feeling i experienced on first making the land at the mouth of the hooghly, was extreme disappointment. to a stranger coming, as i did, from java, singapore, and penang, nothing can have a more dreary and desolate appearance than the land about and below kedgeree. the very sight is almost enough to bring on the ague; and the abominably filthy water of the holy stream heightens the feeling of disgust. from kedgeree to diamond harbour, the view on the low banks of the river improves but little. above diamond harbour, the river banks are somewhat higher, buildings are more numerous, and the country appears more cleared and brought under cultivation. on arriving at garden reach, the stranger may begin to imagine that not wholly without reason calcutta has acquired the proud title of the "city of palaces." from the lower part of this reach, on the right, the river bank is laid out in large gardens, each with a handsome mansion in its centre; and the whole scene speaks of opulence and splendour. of late years, these magnificent residences have been much neglected, and what was once the most fashionable part of the suburbs, has been nearly deserted by the great folk. the reason assigned for this, is, that the river, in very wet seasons, overflows its banks, breeding malaria and fever, from which, at the time of my second visit, the inhabitants suffered not a little. for a year or two, these mansions stood empty; but, when i last saw them, in , they were nearly all occupied by mercantile men, who find them pleasant retreats from the bustle of the city, and seem willing to brave the chance of fever. on approaching the head of garden reach, the stranger all at once beholds fort william and the town of calcutta spread out before him; and a splendid view it is. should he arrive in the month of november or december, he will behold, perhaps, the finest fleet of merchant shipping the world could produce. here are seen, besides the flag of old england, those of america, france, holland, spain, portugal, and arabia. i must not forget to mention the floating taverns or large passenger ships, which carry home from twenty to forty passengers every voyage; and besides the fleet of large ships, the river presents steamers, pleasure-boats, and native craft of all sorts and sizes, from the gay _budgerow_, to the wretched and more than half rotten _dhingy_. the scene has, however, its drawbacks. the stranger is shocked and disgusted at the sight of some half-dozen dead bodies floating down the river, in all stages of decomposition, some with a vulture perched on them, gorging himself as he floats down the stream on his hideous raft. government has placed people above the town, for the express purpose of sinking dead bodies and similar nuisances; but they have not succeeded in effecting their object the last time i went up the river, four human corpses passed my boat between kradd's dock and colvin's grant, a distance of two miles. nothing strikes the stranger, on landing for the first time in calcutta, so much as the extraordinary aggregation of palaces and mansions, ordinary dwelling-houses, warehouses, shops, bazaars, stables, huts, and hovels, all mingled together in glorious confusion, a few streets forming the only exception. this is a great eye-sore even to the old resident. i know no part of the world where society is divided into so many ranks and classes as it is here, nor where pride and pomp hold their heads higher. to hear some of the great ones of this city talk, you would think they had sprung from a long line of princely, or, at least, of noble ancestors. it is often observed, however, that they seldom or never mention their immediate progenitors, nor the whereabouts of their birth-place, which, in nine cases out of ten, would be found to be some humble cottage on the bank of a modest brook in england, or burn in scotland. the more obscure or lowly their origin, the more difficult of access they are generally found. the real gentleman is easily discovered by his superior breeding and genuine urbanity. in former days, a young man arriving at calcutta as a writer, had no difficulty in raising money by borrowing from some wealthy _circar_; and many of those very young men are still hampered with debts they can never pay: though high in office, and enjoying large salaries, they are tied to the country by their creditors, to whom they are obliged to give a large portion of their earnings. times have now changed, and the native has learned from dear-bought experience, that the european is not always so worthy of confidence as he at one time thought him. when i first knew calcutta, some half-dozen mercantile firms swayed the trade of the place, and carried every thing before them. their influence with the monied natives was great, and their command of ready cash was proportionably large. this led them into all sorts of wild speculations, and ultimately proved their ruin, the whole of these houses having failed (if my memory does not deceive me) before the end of . in spite of these failures, (which ruined hundreds of widows and orphans,) the confidence of the natives was not utterly shaken till very recently, when another batch of similar misfortunes took place, in which many of the old hands were concerned under new firms. this has entirely broken up the system, and scattered the commerce of calcutta among numerous smaller establishments, setting the wits of the native capitalist to work to find other employment for his cash. many of them have entered upon the opium trade, principally as speculators on the spot, who buy at the public sales, and re-sell at a small profit; preferring this to running the risk of the china market. previously to the mercantile break-up just mentioned, the members of the leading firms were, with few exceptions, as exclusive in their society as the leading civilians: their fall has upset these lofty pretensions, and the mercantile society of the place is much improved in consequence. for the hospitality of calcutta i cannot say much; nor do i know a place where a friendless stranger landing without good introductory letters, would meet with a more chilling reception. i do not speak from experience, having fortunately been properly provided with credentials; but i do not say it without good authority. of the hospitality of the military gentlemen of the presidency, and especially of the dum dum artillery, i have pleasure in reporting more favourably. calcutta has its theatre, its clubs, its races, and its fox-hounds. on the race-course may be seen some fine specimens of the arab horse, small compared to the english racer, but unsurpassed for spirit and symmetry. its amusements and attractions, however, are so outweighed by its wretched climate, that i would rather pass my days growing sugar in singapore, than live amid all the splendour of this proud city. from april to october inclusive, the weather is oppressively hot, with a closeness in the atmosphere that renders respiration difficult, and existence, without a punkah, almost insupportable. i have sat for days suffering from the heat, and longing for sun-set in hope of relief which never came; for, even through the long night, the thermometer did not fall one degree. this extreme heat is occasionally relieved by a thunder-storm accompanied with a deluge of rain, which clears the atmosphere, cools the burning soil, and renders breathing an easy process. the european inhabitants have many ways of rendering the interior of their dwellings cooler than the external air; but, with all their means and appliances, they are generally terribly exhausted before bed-time comes. during this period, the european lady suffers more than the gentleman, and, by the time the cold weather approaches, looks haggard and woebegone. children also suffer much during the summer. in november, the weather becomes cool, and people begin to think of balls and other gayeties. the winter, however, is not, in my opinion, a healthy season, as the bills of mortality will indicate. a heavy fog then settles over the city and neighbourhood every night, through which, at sun-rise, one can hardly see ten yards, producing not a bracing cold, but a chilling damp. this does not last all day, for the heat is severe from ten a. m. till three p. m., even in mid-winter. the lower class of natives suffer much, and great numbers die during this season of the year, as they are very careless, bathe in the river daily as usual, and are too poor to make any change in their dress, which is far from sufficient to protect them from the damp nights. the wealthier native wraps his shoulders in an ample cashmere shawl; but even he leaves his legs and the lower half of his person with only summer clothing. during the autumn, calcutta is a very gay place, and makes up for its dullness during the summer. this is the season for horse-racing, hunting, shooting, and theatrical amusements, into which the numerous indigo-planters who come to town from their plantations about this time, enter with spirit, if the crops have been good and prices fair. among the sights in and around calcutta, i would recommend the visiter to make a point of seeing, the mint, the native bazaars, the dum dum artillery station, the ishapoor gunpowder manufactory, and mr. wakefield's farm at acra. i mention these as having been myself gratified with examining them. the mint is, perhaps, the finest in the world. captain (now colonel) forbes, who kindly shewed me over every part of it, said, i think, they could turn out , coins in twenty-four hours. in the different bazaars, the stranger will find the most extraordinary collection of commodities, indian, european, american, chinese, and of other countries, that he could ever have conceived. the zeal of the different vendors in crying up and bepraising their own goods at the expense of their neighbours, will amuse him, while he will feel not a little surprised at the cheapness of many european articles, such as crockery, millinery, hosiery, &c. &c. should he be a military man, his visit to dum dum will delight him, that station being the head-quarters of the bengal artillery, and its officers are celebrated for their kindness and hospitality to strangers. with my visit to ishapoor, i had every reason to be pleased. i not only saw the whole process of powder-manufacture on a very large scale, but met with a hearty welcome from major timbrel, of the artillery, who at that time superintended the establishment. the river scenery near ishapoor is much superior to what it is lower down; and a good view of the pretty town of chinsurah,[ ] on the opposite bank of the hooghly, is commanded from major timbrel's verandah. acra farm is situated some twelve or fifteen miles below calcutta. i visited it as a stranger, while waiting in a ship for the flood tide; and its proprietor gave me a most hospitable reception. mr. wakefield has completely established the practicability of curing meat all through the year in this climate, so as to keep at sea for three years. he told me, he killed , hogs per annum; and, on my asking whether he suspended operations during the hot months, his reply was, "no, we go on at all seasons." i can vouch for the goodness of the hams, bacon, sausages, lard, &c. &c., which he exports, and shall be very glad if these remarks should lead a purchaser to his door. the muddy creeks near acra farm swarm with alligators, (whether attracted by the smell of blood or not, i cannot say,) and they occasionally become very troublesome. the day before my visit, mr. wakefield had had a mortal combat with one sixteen feet long, which he succeeded in destroying single-handed, and had brought home in proof of his prowess. [footnote : chinsurah was, until , a dutch settlement; and we then obtained it and malacca in exchange for bencoolen.] one of the most remarkable objects in or near calcutta, is the celebrated banian-tree in the east-india company's botanical garden on the banks of the hooghly, immediately opposite garden reach. this tree is, without exception, the most splendid vegetable production i ever saw: and its immense size and great age may be judged of, when i mention, that a friend in whom i place the utmost confidence told me, he measured the circumference of the space it shaded at noon-day, and found that, allowing eighteen inches square per man, there was sufficient room for eighteen thousand men to stand under the shade of this venerable patriarch of the forest. this could be effected, however, only by removing the many stems of the tree which now occupy nearly the whole space covered by the branches, and are so numerous and thick, that it is impossible to trace the parent one. it is a mighty tree, and worthy of the proud place it occupies in the first botanical garden in the world. what a wonderful change a few short years bring about in these days of improvement! when i first knew calcutta, there was no such thing as an overland conveyance for letters; and, as for sending a ship to china against the monsoon, no one ever dreamed of it. the whole world is now a witness of the regularity of the monthly communication with england _viâ_ the red sea; and the passage to and from china is made at all seasons of the year, in defiance of monsoons and all other impediments. the spirited owner and commander of the barque, "red rover," has the credit of first shewing to the world, that the north-east monsoon in the chinese sea was to be conquered by perseverance in a small vessel: his success exceeded, i believe, his own sanguine expectations, and it is pleasing to add, that he was amply rewarded in a pecuniary point of view for his exertions. his example was soon followed by other parties connected with the opium-trade; and the communication between china, calcutta, and bombay is now regularly kept up all the year through, by as fine a fleet of clippers as ever rode the sea, commanded by men who appear to defy the weather. they make their passages in a wonderfully short period of time, and stand high in the opinion of the mercantile community of india. they are well paid, as they deserve to be, for the trying work they have to go through; and many of them have recently returned to their native country with comfortable, if not ample independencies. another improvement of great importance to the trade of calcutta, is the facility with which powerful steamers can now be procured, to tow ships up and down the hooghly. any one who has gone up and down this river, must be aware of the dangerous nature of its navigation, owing to the many mud banks, shifting sands, and very rapid current; and must be sensible of the comfort of having a powerful steamer towing ahead. the saving of time by leaving the port under steam, is immense. i remember, on one occasion, overtaking, in thirty-six hours from town, two ships that had left three weeks before us. the number of lives saved every year by these steamers, is beyond calculation. this is now so well understood, that passengers make a point of ascertaining whether a steamer is to be employed, before taking their passage in any ship; and the under-writers willingly contribute towards the expense thus incurred, considering themselves as repaid by the great saving in what is called "river risk." i have heard many complaints against dutch custom-houses, but the customs in calcutta, i can state from my own knowledge, are far more troublesome and unreasonable. go to any dutch custom-house in netherlands india, and produce your invoice through some known agent; your goods will be cleared and passed without further trouble. at calcutta, no man's word is taken, but every package landed or shipped must actually _pass through_ the custom-house. even opium purchased from government, and delivered to the purchaser from a government warehouse, is subjected to this annoying process. surely the authorities might allow merchandize purchased from themselves, and delivered from their own premises, to be taken direct to the wharf, and put on board ship. a custom-house officer might accompany the drug, if it was deemed necessary, and see it fairly afloat before leaving it. the present arrangement involves a useless waste of the merchant's time and trouble. the semaphore established from kedgeree to calcutta, is of very great advantage to the shipping interest of the place. any vessel getting on shore, or coming from sea in distress, can send intelligence of her situation to town in fifteen minutes, and have a steamer down to aid her in twelve hours. it would hardly be fair to leave calcutta without saying a word in praise of the pilot service. the pilots here are paid by government, and are a highly respectable body of men: they enter the service when very young, as volunteers, and rise by degrees to the rank of masters and branch pilots, the latter being the highest grade. branch pilots generally command pilot brigs, which cruise off the mouth of the hooghly for the purpose of supplying vessels that come from sea with pilots to take them up the river, and of taking the pilots out of ships bound to sea. master pilots, mates, and second mates are engaged in taking vessels out and in, while the youngsters are employed in heaving the lead, and studying the navigation of the rivers. the whole service is remarkably well conducted. the work undergone by its members is very hard during the south-west monsoon; and they are generally short-lived. this may be easily accounted for, in such a climate, by their constant exposure to heat and rain, to say nothing of gales of wind and frequent sound duckings from the spray of the sea. the natives of bengal are not favourites of mine: they are much given to lying and thieving, and are sad cowards. it is true, they are not pirates, like the malays; but this is owing, i suspect, to want of courage, more than of inclination. a malay servant, should his master threaten to strike him, will say: "cut my pay, sir, or turn me away if i am in fault, but (emphatically) don't strike me." a bengalee, under similar circumstances, would cringe under his master's feet, _salaam_ to the ground, beg to be whipped, but "oh," would be his cry, "don't cut my pay, sir." nothing used to annoy me so much as this excessive servility of the bengalee servants: they will do any thing for _pice, pice_; that word being repeated by them at least ten times oftener than any other in their vocabulary. with all this, they are lazy, and require more looking after than any other servants i know. they certainly work for little pay, but that little is sufficient to supply their families with the necessaries of life, and to leave a trifle to put by, if the head of the family does not gamble. the palanquin-bearers are the most useful men to a stranger: for thirty-five rupees ( l. s.) he will get a palanquin and six men who will carry him all over the town, a whole month, for that trifling sum; they will take him out in an evening, wait patiently in the street till he is ready to return home, and be at his door by six the next morning, ready to obey his orders. the _circar_, too, is a useful character, but, generally, a sad scamp: he will conduct the stranger all over this vast city, shew him where any thing is to be had, pay his bills for him, and save him a world of trouble; which he makes answer his purpose by deducting one _pice_, or about two per cent, from every rupee you may order him to pay for you, and by charging a _moderate_ per-centage on what he may be commissioned to procure for "master." it is astonishing how quickly these _circars_ find out when an old customer or "master" returns to calcutta. i have been visited by mine within an hour after reaching town. in one instance, i had come up the river in an express boat, and had arrived as soon as the mail; but, presently, in came master's _circar_, bowing low, and "hoping master has had a pleasant voyage, and made too much money." the mighty current of the sacred ganges is now thoroughly conquered by all-powerful steam; and the indian officer ordered up the river to join his corps, can now perform in three weeks, the journey that, fifteen years ago, would have taken him as many months. never having travelled in the river steamers, i can say nothing about the voyage; but, from their being constantly filled with passengers and cargo, i presume they give entire satisfaction. the fact of their carrying the european traveller so much more rapidly than the native boats can do, through the unhealthy sunderbunds, is of itself sufficient to induce every wayfarer to take advantage of them. chapter viii. new south wales. voyage from singapore to sydney--port jackson--first impressions produced by sydney--the public-house nuisance--sydney juries--cattle dealers--town improvements--lawyers, doctors, and clergy. circumstances induced me, in the early part of , to proceed to new south wales, where i passed three years; at the expiration of which i returned to the straits in much better health than i had enjoyed for years before. the voyage from singapore to sydney, _viâ_ java head and bass's straits, occupies generally from sixty to seventy days; a much longer period than it ought to do, considering the distance, but much time and space are lost in getting southward from java head. crossing the south-east trade-wind, a ship makes nearly as much westing as she does southing, and of course has all the former to run back again on getting the westerly winds in the latitude of ° to ° south. we were unfortunate in this part of our voyage, and got no westerly winds till we reached the forty-first parallel of south latitude: from that point they took us to within a few miles of the entrance to bass's straits, where we met a strong easterly gale, which detained us several days. this was in march; and i would advise ships bound from india to new south wales, in the month of january, february, or march, to go to the southward of van diemen's land altogether: they will thus carry the strong westerly winds longer, avoid the easterly gales that blow during these months in bass's straits, and probably shorten their passage ten or twelve days. up the bold and iron-bound shore of this mighty island, from its south-east promontory to the heads of port jackson, we ran with a strong southerly gale, and entered the most magnificent of harbours after a seventy days' passage. the entrance into port jackson is between two rocky heads, called, the north and south head. as the former projects rather further into the pacific than the latter, and somewhat overlaps it, the stranger would have some difficulty in finding his port, were it not for the light-house on the south head; but, even with this guide, the inexperienced eye cannot perceive the entrance till right opposite it. we ran in with a heavy sea outside, and had scarcely got a ship's length inside the heads, when we were in water as smooth as a mill-pond. the steep black rocks on our right looked fearfully near to us, but the water is deep close to them, and no difficulty is experienced in beating up to sydney cove, a distance of six miles. the only danger in the way is a shoal or reef, bearing the strange name of the "sow and pigs": on it, however, there is a light-vessel, so that it may be safely passed, even at night. were all the fleets in the world congregated in port jackson, they would not half occupy it. from the heads to a mile above sydney cove, there is a succession of beautiful bays, with deep water close to the rocks, and good anchorage in all directions. the scenery is magnificent, though, to an eye accustomed to that of singapore, the green is not quite brilliant enough. a succession of hill and dale, with here and there a neat cottage perched on some rocky point, the soil clothed with trees, the waters of the many bays glistening in the sun, and the distant view of the heights and windmills beyond sydney, form a picture that can scarcely be surpassed. on landing in sydney, the traveller from india is ready to exclaim, surely this is not a town some seventeen thousand miles from england! every thing reminds him of home: he sees english servants, english tradesmen, english shops; in a word, a regular english town, with its inns and every thing conducted on the english principle. i took up my quarters with my family at the pulteney hotel, where we were made very comfortable, and found the terms moderate: the only thing that disappointed us was, the smallness of the bed-rooms. sydney is a regularly built town, its spacious streets running at right angles with each other. the houses are well built, close to each other, with narrow fronts, and generally three stories high. here we have george street, prince's street, king street, pitt street, hyde park, the surrey hills,--all recalling, by their appellations, the mother country. hyde park, though it comes far short of its namesake in london, is nevertheless a very pleasant spot for a promenade, being nicely shaded by trees planted during sir r. bourke's government, and is an ornament to the town. "government domain" is a piece of ground in the rear of the governor's house, reserved by government for a garden and pleasure-grounds: it is tastefully laid out, and intersected with numerous walks, which are open to the public; and many a pleasant party is formed by the industrious classes, who have only sunday to spare for a little recreation in the open air. the surrey hills are being fast covered with gentlemen's houses, for which a better situation could scarcely be chosen. _woolloomoolloo_, or darlinghurst, as it is now called, is the favourite suburb, and boasts of many handsome mansions, each with its garden. among these are the respective residences of the chief-justice, the bishop of australia, and other members of the _élite_ of this metropolis. these houses all command a fine view of the harbour with its shipping and the surrounding scenery. sydney has its theatre, its club-house, its stage and mail coaches, while steamers ply all about the harbour, and up and down the coast; an immense convenience to the inhabitants of the northern districts of the colony. it has a large and well-supplied market, where the gardeners, farmers, &c. from the neighbourhood collect their produce for sale, and where, in good seasons, (that is, seasons in which rain has been abundant,) the housekeeper may procure supplies on reasonable terms. there is also, immediately outside the town, a hay and cattle market, where large herds of cattle and flocks of sheep are constantly for sale, and generally find ready buyers among the numerous emigrants who are daily landing on these shores. the greatest drawback upon the prosperity of the lower orders in sydney, arises from the public-houses, of which there are some three hundred, nearly all filled, from morning to night, with men and women, too often spending the last penny they possess in the world. the magnitude of this evil may be estimated from the fact, that, in , the revenue derived from ardent spirits and public-house licences amounted to the enormous sum of , l. sterling. no stranger can take a walk through sydney without remarking with astonishment the number of these nuisances; and the list of drunkards exhibited at the police every monday morning, will increase his surprise and disgust. so enormous is this evil on the sabbath-day, that bands of constables patrole the streets for the purpose of clearing them of drunken men and women, whom they consign to the "lock-up." these constables, by the way, are extremely brutal in their manner of handling any unfortunate wight that may fall into their hands; and i have been frequently disgusted at their barbarity. what better conduct, however, can be expected from men, nine-tenths of whom either are or have been convicts? when i was at sydney, the jail was a most wretched place, not half large enough for the many unfortunate beings it had occasionally to receive. a more commodious one has since been erected, with space enough to allow of the separate classification of debtors, highway robbers, bush-rangers, and felons, which could not be always attended to in the old building. the jail is cleared four times a year by holding criminal courts. the calendar is usually very heavy, and the crimes are generally of a heinous nature. the prisoner has the privilege of choosing whether he will be tried by a civil or by a military jury. many prefer the latter, knowing that, whatever the verdict may be, it will be a conscientious one. the civil jury is generally composed of publicans, and is always chosen by the sydney scamps, in the hope that a _chum_ or _pal_ may be found in the list, which is not unfrequently the case. the hardest task the attorney-general has to perform, is, to get together a respectable jury. when it is composed of civilians, the prisoner is sure to challenge every respectable man in the box. by this means, he generally succeeds in getting twelve men sworn, of whom two or three are of the stamp he requires,--men that will, in vulgar phrase, "swear through a six-inch plank" to get him off. it is no uncommon case for sydney jurors, on retiring to consider their verdict, to exclaim that their minds are made up, and that they will be d----d if they will give a verdict of guilty. another source of trouble to all persons concerned with a court of justice here, is the extreme difficulty experienced in extracting truth from witnesses. it is almost impossible to conceive the effrontery with which nine-tenths of these men will swear any thing: they invariably prevaricate and contradict themselves when cross-examined, and are not unfrequently sent from the witness-box to prison, to take their trial for perjury. i remember, on one occasion, seeing a father, mother, and three grown-up daughters, who came into court to sustain a charge against a farmer for an assault on one of the daughters, committed for perjury, while the prisoner was released without a stain on his name. the crime of cattle-stealing, probably, comes oftener before the judges of new south wales than any other, particularly since the punishment for it has been changed from death to banishment for life. when death was the penalty, many graziers put up with their loss, rather than prosecute the offender: now, the cattle-stealer is shewn no mercy, from one end of the colony to the other. the judge has no discretionary power with this class of offenders, but, in the event of a verdict of guilty, must pass the sentence of banishment for life. if the prisoner came free to the colony, he is banished to van diemen's land: if, on the other hand, he is an old convict, he is sent to rusticate for the remainder of his days on norfolk island. whole droves of stolen cattle are, nevertheless, continually offered for sale in the neighbourhood of sydney, and ready purchasers are found for them, the risk of being brought up as a receiver not being so great as might be supposed. the regular cattle-stealer has stations in the bush, where he collects his ill-gotten herds, defaces and alters their brands, and keeps them till the new brand has healed and assumed the usual appearance; he then boldly starts for market in open day, and, though he may be met by the former owners of the beasts he is driving, he fears nothing, proof of identity being a difficult task, when a p has been made into a b, and, perhaps, three or four other brands have been added. during the administration of sir richard bourke, great improvements were made in the streets of sydney, particularly in the direction of the different wharfs, from which the ascent used to be frightfully steep. to remedy this evil, and at the same time to improve the appearance of the town, sir richard cut away the brows of the ridges, and filled up the hollows with the rubbish. this proceeding caused a great outcry among those persons who had property where the cuttings took place, and whose dwellings, in some cases, were many feet above the new level of the street. in the course of time, these proprietors descended from their airy posts, knocked down their old unsightly tenements, cut down their ground to the proper level, and built new and more sightly houses; so that the governor's proceedings have improved both the streets and the general appearance of the town, as well as enhanced the value of the property wherever the cuttings were made. sydney abounds with doctors, lawyers, and parsons, all of whom thrive here. the lawyer especially reaps a rich harvest among a population notoriously fond of litigation, and prone to give cause for it in various ways. as usual, however, the supply has of late exceeded the demand; and the barristers do not now lounge in such stylish carriages as they were accustomed to be seen in some years ago. the medical men's harvest, a sickly season, is not a rare occurrence in sydney, though the colony generally is remarkable for its salubrity. the last summer i spent there, the deaths were very numerous, and cast a gloom over the place. influenza and fevers were the prevailing complaints, and were probably attributable to the dry, hot winds prevalent at the time, together with the badness of the water in common use, and the intemperate habits of the people. the want of a supply of good water is much felt. every house has its pump, but the water is not fit for any thing but washing, and is, for the most part, so hard, that soap will not dissolve in it. government had commenced laying pipes to supply the town with this necessary article; but, when i left the colony, they had not been brought nearer than to within a mile; and i have not heard of their being since carried any further. water-carts go round, selling water at a penny or sometimes three halfpence per bucket, which is of a good quality. previously to the arrival of sir richard bourke, the clergy of the church of england were the only persons in the colony that were authorized to marry, to bury, or to christen. sir richard put an end to this extraordinary state of affairs, by his celebrated church act; and now, every one may be married by the minister of his own persuasion, and follow, in religious matters, the dictates of his conscience. strange as it may appear, sir richard's proceedings in this matter gave great offence to the magnates of the church of england; and the archdeacon went home to remonstrate with her majesty's government on the subject. his reverence took nothing, however, by his motion, lord glenelg, the then secretary for the colonies, highly approving of all that had been done. but the archdeacon returned to the colony a bishop, and, when i left it, was busily engaged in erecting a cathedral by public subscription. chapter ix. new south wales. township of maitland--the paterson district--winter sports--the kangaroo--australian husbandry--convict servants--benefit of enforcing an observance of sunday--the hot season. from sydney, i proceeded northward, by steam, to maitland, on the river hunter, and thence up the country bordering on those pretty little rivers, the paterson and the allyn. maitland puts a scotchman in mind of the "lang toon of kirkaldy," consisting of merely one long street. from its situation, at the head of the navigation of the hunter, and the centre of the very first agricultural district of new south wales, it is likely to become a large, thriving, and important place. the country in the immediate neighbourhood is flat, and the soil rich, yielding most luxuriant crops of wheat and indian corn. the season of - was a poor one for the farmer: flour rose in price to s. the cwt.; and the quartern loaf, before i left the colony, was selling as high as two shillings and eight-pence. this was a time to test the fertility of the soil round maitland, as well as the benefit it derives from its proximity to the sea. during this summer, the whole district was favoured with occasional refreshing showers; its crops were forward, and the yield good; and while crops in the southern districts had failed from drought, the hunter-river farmers were sending their surplus produce to sydney for sale. the township of maitland is divided into two towns or villages, called, east and west maitland. the former has been fixed upon as the site of the town by government, and the latter by the public, who have, as usual, shewn more wisdom in their choice than their masters have, inasmuch as they have planted their town within a few hundred yards of the head of the navigation; whereas the government town is three miles further up the river, and is unapproachable by steamers, or even by small craft. the two, however, will be joined together ere long, (most likely they are by this time,) as they are rising rapidly into importance. for the beauty of the country between maitland and the sea, i cannot say much: it used to remind me of lower bengal, being so very flat, and, in some places, so low as to be frequently flooded. like the houses in almost all new towns, those in maitland form a motley assemblage of buildings of all sizes, shapes, and colours. many of the smaller and inferior ones were, however, disappearing, even in ; and more sightly as well as more commodious buildings were rising up in their place. the traveller will find comfortable accommodation at either the union or the rose inn; and the charges are moderate. he will also have the advantage of meeting settlers from all parts of the neighbouring country, from whom he will readily obtain any information he may require. frequent cattle-sales are held here; and the beasts are, without trouble or much expense, conveyed to sydney by steam in twelve hours. the country from maitland, going up the paterson, is undulating and generally fertile; particularly the flat lands on the banks of the river. as you proceed towards the village of paterson, you observe numerous prettily situated farm-houses with their smiling gardens in front, and fields of wheat between them and the river. at the village, the navigation of this little river ceases; and the country becomes more and more hilly as you proceed higher up: the banks of the river, however, maintain their high character for fertility all the way to its source, and many thriving establishments are seen as the traveller pursues his journey. this part of new south wales, being so hilly, and consequently somewhat humid, does not answer the sheep-farmer's purposes; but the grazier finds his cattle and horses thrive well on these hills, and the agriculturist finds the valleys yield him excellent crops of tobacco, wheat, and maize. the first is becoming an article of great importance to the paterson farmer, and has helped many of those gentlemen through the difficulties from which the colony has been recently suffering. land on the upper paterson was selling, in , at s. per acre, in lots of six hundred and forty acres, of which not more than forty or fifty were arable land, the rest being what is called here, common bush land, thinly covered with trees, and affording tolerable pasture for cattle. purchasers of land at the above-named rate, have, i believe, found their bargains profitable, notwithstanding the heavy expense they had to incur in clearing and fencing the arable portion of it, in addition to the outlay for a dwelling, out-offices, &c. the settler on a small farm of this description is almost sure to do well, if he is industrious, and provided that he keeps clear of that colonial pest, the public-house. he will have very hard work the first two years; but his returns will well repay him even in moderately favourable seasons, while, in good times, they will be very profitable. a neighbour of mine raised, in the season of - , on eighteen acres of fresh cleared land, a crop of tobacco, which he cured and manufactured into negro-head on the spot: it yielded one hundred and fifty kegs of lb. weight each; and the whole was sold at s. d. per pound, thus giving a total of l. this farmer had fifteen hands, who, in addition to the tobacco, enabled him to cultivate wheat and maize sufficient to supply the farm, and to leave l. worth for sale. the outlay for the twelve months, including every thing, did not exceed l.; and i have shewn the returns to have been l. this slight sketch will afford an idea of what an industrious farmer may do in the paterson district. as soon as he can collect a few pounds, they may be profitably invested in the purchase of some good cows, which will not only supply him and his family with butter and milk, but will pay well by their annual increase. in , stock was worth, in this neighbourhood, as under:--cows, l.; fat cattle, l. s.; working oxen, l.; brood mares, l.; good roadsters, l.; sheep,--ewes, l., wethers, s. d. things have changed since that time: but more of this hereafter. during the three years i resided in australia, i lived almost entirely on the banks of the paterson, and the reader may therefore depend upon the correctness of my information regarding every thing in that neighbourhood. it bears a high character for the salubrity of its climate; and very justly so, according to my experience. not a member of my establishment was ill the whole time we were there; nor do i recollect a serious case of illness among our neighbours. the winter is mild,--just cold enough to make a fire comfortable; while the fine frosty mornings do great good to one who has arrived from india. i used to enjoy them exceedingly, and invariably walked out before breakfast to breathe the fine clear air. the cold weather sets in in april, and continues till september. this is the season to enjoy a gallop in chase of that most extraordinary animal, the kangaroo. notwithstanding that this part of the country is rather hilly, the hardy horses manage to carry their riders across it in safety. the river abounds with wild duck at this season, as well as with perch and a small fish here called herring, from its resemblance to that fish. the settler may thus not only find amusement for himself in shooting or fishing, but may make a very agreeable addition to his bush fare by his morning's ramble. the flesh of the kangaroo is literally good, for nothing: the tail makes very good soup, but the carcass of the full-grown animal is otherwise of no value to the european, though the native contrives to make an occasional meal of it. the young kangaroo of two or three months old, makes a tolerable substitute for jugged hare, and is frequently on the tables of the settlers. as population advances up the country, the kangaroo retires. i have, however, seen some hundreds of a large size in their native woods, skipping about, and bounding off on the approach of man. the notion, that a kangaroo makes use of his tail in leaping, is a mistaken one. i have watched them bounding along a plain, and could see distinctly that the tail never touched the ground. the female, when pursued, will retain its young one in the pouch with which nature has provided it, till very closely pressed by the dogs: it will then drop the little one, leave it to chance, and make off with increased speed. a full-grown male ("old man," the aboriginals call them) is more than a match for a single dog, and will frequently severely punish a couple of assailants before surrendering. these animals are easily tamed, and make very pretty pets in a garden. speaking of a garden, we had an excellent orchard, which supplied us with abundance of apricots, peaches, nectarines, figs, green-gages, apples, pears, and oranges, while the garden furnished many a dish of strawberries: for gooseberries, the climate is not cold enough. in march and april, the farmer is busied in preparing his fields for wheat-sowing, which ought to be finished by the middle of may. of this grain, the ground here yields a fair crop, though not equal to that usually reaped near maitland: it is, however, generally more than sufficient for the use of the district, which may be called a grain-exporting one. some farmers sow wheat on land from which they have just reaped a crop of indian corn: this proves, i need scarcely say, in the long run, very bad economy. on a farm where wheat, corn, and tobacco are grown, there is always abundance of employment for old and young. should field labour be suspended by the inclemency of the weather, or by any other cause, the farmer finds his servants full occupation in husking maize, threshing wheat, stripping, shifting, and curing tobacco. i used to keep my convict-labourers employed in light work, such as the above-mentioned, till ten o'clock at night: this i had no _right_ to exact; but my plan was, to keep a regular account current with every convict on the place, giving him credit so much for every extra hour he worked, and letting him know, every saturday night, how much was due to him, which i allowed him to take out in any shape but money or spirits. giving him the former, would have enabled him to procure the latter. it was generally taken out in tea and sugar; and i never had the slightest trouble in settling these little accounts. i had ten convicts assigned to me by government; and i confess that i would rather have had those men than most of the free emigrants that came to the colony. over the convict, the master has great power, the knowledge of which on the part of the servant, with good treatment and a firm hand held over him, will make him do a great deal of work. the government allowance of rations does not include tea, sugar, or tobacco; but most masters allow two ounces of the first and last, and one pound of the second per week; which not only makes the men contented, but gives the master more hold over them, as they stand in fear of his stopping the indulgence in the event of misconduct. from my own observation i should say, that nine-tenths of the misdoings amongst convict-servants, that one hears of in new south wales, arises from bad masters. what, for instance, can be expected from men assigned to a drunkard, who not only drinks himself, but makes a point of inducing his servants, whether free or bond, to take out their earnings in rum, of which he has always a plentiful supply on hand? what from the servants of a master who neither pays any attention to the sabbath himself, nor makes those under him observe it; who, on the slightest provocation, drags his men before the magistrate, and swears literally to any thing, to have them flogged; who never affords them the slightest indulgence, and whose whole aim is, to get the greatest possible quantity of work out of them for the smallest possible outlay? nothing tends more directly to promote the good order of a farm, than mustering everybody on it at noon on sunday, for the purpose of reading divine service to them. setting aside the moral benefit that this practice may be supposed to produce, it puts an effectual stop to distant wandering on that day. a man who has to appear cleanly dressed on sunday at noon, cannot stray far from home either before or after that hour. on farms where this custom is not kept up, the convict starts at daylight for some haunt where spirits are to be had, to pay for which he has most probably robbed his master; there he spends the day in riot and ribaldry, and reels home about midnight in a state that renders him very unfit for resuming his work on monday morning. the convict-servant soon finds out what sort of a master he has to deal with, and, to use their own slang, after trying it on for a bit, in nine cases out of ten, he yields to circumstances. two of mine tried a few of their old pranks at starting; but a timely, though moderate application of "the cat," put an entire stop to them. it is, however, useless to say more on this subject, as the system of assigning servants to private individuals has been done away with by orders from the home government. the female convicts are much more difficult to manage than the men, and often set their masters at defiance: they are generally of the lowest and most wretched class of women. the summer sets in in october, and wheat harvest begins in november. the weather then becomes exceedingly hot, and the heat is occasionally increased by the hot winds that blow from the north-west. these generally (i speak of what i have observed on the paterson) blow for three days successively, with considerable violence, and do no small injury to the farmer: they are very dry, make the lips crack, and the skin feel as if about to crack; and should they come across a field of wheat just shewing the ear, they would blight it to a certainty. after expending their force for three days, they are usually succeeded by a sharp southerly gale, which is frequently accompanied with rain, and soon makes every thing not actually blighted look green again. though the sun, during summer, has, apparently, as much power as in india, i have never experienced any injurious effects from it, though frequently exposed to its rays all day, both on foot and on horseback. the european labourer works in the field here through the day, the same as in england, and does not seem to suffer from the heat. during the hot winds, indeed, he is liable to an almost unquenchable thirst, to relieve which, he may drink with perfect impunity a large quantity of sugar and water; but those who have recourse to water only, are sure to suffer for their imprudence, though not seriously. november and december are the busy months at sheep-stations, all hands being then employed in clipping the wool and preparing it for market. chapter x. new south wales. bush-rangers--the drought of - --the settler's troubles--ornithology of australia--aboriginal tribes. on the paterson, we were never troubled with those dangerous characters called in the colony, bush-rangers. i can give no reason for their avoiding this neighbourhood, but know that they did avoid it, and that none of the residents in the district ever gave them a thought. other parts of the colony are not so fortunate; and loud complaints are constantly being made, of want of protection against those daring marauders. they are runaway convicts, who take to the bush, either to get clear of hard masters, or from a love of old habits; and, now and then, they keep a whole county in a state of alarm. frequent instances of their daring occurred during my residence in australia, some of a ferocious character, while others tended more to excite laughter. three of those scamps visited, at noon-day, a settler's house, and, coolly walking in, called for luncheon, and made themselves quite at home. while thus regaling themselves, they happened to see a violin hanging against the wall, and asked their _host_, whether he could play. on being answered in the affirmative, they made him strike up, while they danced to his music. when tired of this amusement, they helped themselves to whatever struck their fancy, and then went to the stable, picked out three of the best horses, leaving their own tired jades behind, and rode off. the master of the house was the only person at home at the time, and was unarmed; all his men were engaged in a distant field; and he was threatened with instant death, should he give the slightest alarm. resistance, therefore, was impossible. such depredations have latterly been much checked by the exertions of the mounted police. this very efficient body is composed of men drafted from her majesty's regiments stationed in the colony, who are mounted and dressed at the expense of the local government, and trained for their work. they patrole the country in all directions, and have captured and brought to justice many of the most desperate bush-rangers, as well as given a check to the several organized bodies of cattle-stealers. those parts of the colony most distant from the capital, are, naturally, most annoyed by bad characters of all description; and many of the settlers trust to their own strength, more than to the police, to defend their property. a friend of mine residing in wellington valley, three hundred and fifty miles west of sidney, used to arm himself and his groom, and sally out in search of any desperate character he might have heard of as being in the neighbourhood: he was more than once successful, and became quite a noted man among the bush-ranging fraternity, who took good care to keep at a respectable distance from him. were some other settlers blessed with as much nerve and courage as the gentleman i allude to, bush-rangers would soon become less numerous. a settler's life in an agricultural district, is pleasant enough, but it has its drawbacks. a season of drought makes sad work in his fields, and among his flocks. in the season of - , water became so scarce, that many of the best pasture-lands in our neighbourhood were of necessity abandoned, and the sheep as well as cattle were kept down on the banks of the river, then reduced to a mere chain of pools, the intervening channel being quite dry. the herbage was completely eaten up, and the trees in many parts were cut down, in order that the hungry animals might eat the leaves. one of my neighbours, to save his flocks, turned them on his half-grown crop of wheat, by which means he saved some thousands of sheep, but lost his wheat. tens of thousands of sheep and cattle, all over the country, died during this season; and grain crops failed everywhere, except on the banks of my three favourite rivers; namely, the hunter, the paterson, and the allyn. there was scarcely a settler on either of these rivers, that had not a little to spare; while, in less favoured parts of the colony, the farmer had to pay enormous prices for flour to feed his men; and the cart-hire came to nearly as much as the cost of the flour. i knew one gentleman who despatched from sydney four drays loaded with stores for his stations near bathurst, each dray drawn by seven oxen; and so great was the scarcity of water and fodder on the road, that only four of the poor animals reached their journey's end, the others having died on the road from sheer starvation. flour rose during this season to l. per ton, and the quartern loaf in sydney was sold at s. d. one of the greatest discomforts attendant upon a summer's residence in the bush of australia, arises from the swarms of flies, large and small, that infest the house. the large blow-fly is a serious nuisance: many a good joint of meat they spoil, in spite of every precaution. these insects find their way everywhere, and destroy whatever they come near. in the dairy, the greatest care is necessary to prevent these pests from reaching the milk and butter, which they will taint in a second. scarcely less of a plague than the swarms of flies, are the myriads of fleas which torment the tired farmer, and cheat him out of many an hour's sleep: these noisome disturbers are in the soil, and not all the care the best housewife can bestow, can diminish the number. while on the subject of the settler's troubles, i may mention, that the cockatoos annoy the farmer in australia, as much as the crows do in england: they attack his wheat and maize when the grain is ripening, by hundreds; indeed, i may say, by thousands; and it requires a very active watchman to keep them from doing serious injury to the crop, not so much from the quantity they eat, as from what they destroy and scatter. these birds, which, by the bye, furnish an excellent dish that occasionally formed part of our dinner, are remarkably cunning: while the flock are busily feeding on the farmer's wheat, two of their number are left on some neighbouring trees to keep watch; these, on the approach of danger, give a loud, shrill scream, which at once puts the thieves to flight, and renders it very difficult for the sportsman to get a shot at one of them. besides the common white red-crested cockatoo, the woods are the home of the black species; a rare bird, that i have never seen elsewhere. those brought to singapore by the celebes traders, are a bastard species. on what they feed, i am not aware, never having seen them in the wheat or maize fields. during the winter months, neither white nor black cockatoos are to be seen; nor have i ever heard to what place they migrate. the bird-fancier might here make as beautiful a collection as i have ever seen. the different varieties of the parrot tribe are countless, and extremely pretty: the king-parrot, the lowrie, and the mountain parrot, are, perhaps, the most beautiful. then, there is the pretty little diamond sparrow, so called from its size, its habits, resembling those of the common sparrow, and its plumage, which exhibits a diamond pattern of black, white, and blue. of the hawk tribe, the varieties are numerous: the largest is the eagle-hawk, which now and then carries off a lamb from the flocks of careless shepherds. were i an ornithologist, i might write a goodly volume on the birds of this country; but i must content myself with these few notices; not forgetting, however, to mention the stately black swan, a bird becoming every year more rare. we used frequently to be visited by tribes of the aboriginal inhabitants of this vast continent. they are, without exception, the most complete savages i have ever come across. they have no homes, no occupation beyond procuring food for the day, and think nothing of to-morrow, which they literally leave to take care of itself. they resist almost every attempt to induce them to labour, and, if clothed to-day by some good samaritan, will, in all probability, appear naked at his door to-morrow, having given away their clothes to some convict, in exchange for a pound of flour or an ounce of tobacco. in their habits, they are literally wanderers on the face of the earth, shifting their camp from place to place as game grows scarce. in rainy weather, the only precaution i ever saw them take, with a view to protect themselves from wet, was the building a small hut, not much larger than a bee-hive, constructed of the boughs of trees, with a small aperture on one side, into which the "black-fellow"[ ] thrusts his head and shoulders, and sleeps as sound as a top, his legs and the lower half of his body being exposed to wind and rain. in winter, they may be seen encamped round a fire after their day's hunting, all naked, and stretched on the ground, with their feet towards the fire; the men smoking, if they have any thing to smoke, and the wretched-looking women composing themselves to sleep in the same _natural_ state as their lords and masters.[ ] they suffer much, occasionally, from hunger, and may then be induced to do a day's work about the farm, for which they will consider themselves well paid by a pound of flour and an ounce of tobacco each. this reward must not be given them, however, till their work is done: give it beforehand, and not a hand's turn will they do, but decamp at once to enjoy their dinner. as soon as they have eaten their bread, they light the pipes, and never cease smoking till their tobacco is finished. some of the men are remarkably well made, and strong, able-bodied fellows. one who spent a week now and then in my kitchen, doing any thing the cook told him, for the promise of a supper, was a tall, good-looking fellow, named jamie. they are one and all christened in the bush by any european they may ask for a name. a father applied to me one day for a name for his little boy, and i forthwith called him "donald;" at which the old man and the rest of the tribe laughed heartily, saying, "all same your horse." i had then a pony called donald. to resume: jamie was frequently clothed by me, and was asked to sleep in the kitchen, or in one of the out-offices, but all to no purpose: his clothes, he never kept a week, and he invariably took his departure at sun-set to sleep in the open air. in our district, i believe, the blacks were harmless people; but, on the upper hunter, on liverpool plains, they have been not only very troublesome, but even dangerous neighbours. many settlers have suffered severely from their depredations; and several shepherds and stock-keepers have been murdered by them. would they content themselves with killing a single bullock or two or three sheep, when suffering from hunger, one might excuse them; but i have known twenty-five cows killed by a single tribe in one night, the fat and kidneys taken away, and the carcases left on the ground. this, to say the least of it, was a mischievous waste of property; and such proceedings naturally led the settlers to retaliate. the consequences were serious, and led to extreme measures, ending, in more than one instance, in bloodshed. there seems to be no room for doubt, that many of these poor creatures have been murdered by stock-keepers on the mere suspicion of being concerned in such crimes. this fact, however, does not justify the government in offering a hundred pounds reward for the discovery of the offender, when a black happens to be murdered by a white, and only twenty-five pounds reward, when the murderer is black, and the victim white. [footnote : the name given to the aborigines in australia.] [footnote : it is a singular fact, that the aboriginal natives of new south wales, as well as the cattle that roam at large in its woods, invariably choose the top of a moderately elevated hill to sleep on during the winter months. the reason is, that the hills are _always_ warmer than the valleys, and are consequently resorted to in winter; while the latter are chosen in summer as camping-ground by man and beast. i have often been surprised, when riding about the bush in winter, at feeling a current of warm air on the top of a range of hills, having myself just ascended from the neighbouring valley where the breeze was chilling. these warm breezes on the hill tops blow from the north-west, and may be nearly related to the summer hot winds, cooled on reaching the latitude of ° in the winter season. be that as it may, they are not strong enough to warm the valleys, though their influence on the hills is very agreeable to the traveller.] what would my fair countrywomen say to the "black-fellow's" mode of taking unto himself a wife? on making up his mind as to the object of his choice, he proceeds by night to the camping-ground of the _fair_ one's tribe; searches her out among the sleeping beauties; deals her a blow on the head with his club, (to which an irishman's shillelah is a twig,) and carries off the stunned and senseless wretch to his own camp. this ceremony makes them man and wife, and no further notice is taken of the affair. the different tribes are constantly at war: but i have never heard of any very serious consequences arising from their feuds. the day of battle is generally spent in painting themselves red, dancing the war-dance in presence of their foes, and, probably, exchanging a few spears towards its close. their arms consist of spears, clubs, and the _boomerang_. the latter is a very extraordinary weapon, which they throw to a great distance, making it _return to the thrower_ when it has described its revolution, and probably hit some unfortunate wight on the head in its course through the air. this weapon is of hard wood, about three feet long, two inches broad, a quarter of an inch thick, and in the form of a crescent: it is thrown against the wind, and describes a circle in its course. the spear is of cane, hardened by fire at the end, and is thrown with great force and dexterity. no black who can by any means obtain a tomahawk, is ever without one, generally of english make: with this, they are very expert at felling trees, and, with its aid, will climb a tree which it would take two pair of arms to encircle. the "black-fellow" cuts a small notch about three feet from the ground; in this, he inserts the toe of one foot, holding on by one hand while he cuts another hole three feet further up to receive the other foot; and thus he proceeds till he reaches the top. the dead trees of australia, which are all hollow, are a favourite resort of the opossum. in search of them, the black-fellow will ascend a tree in the manner just described; and there he will sit while his companions below dig under the roots, and light a fire, the smoke from which ascending the trunk of the tree, as a chimney, speedily dislodges the game. this is dexterously pounced upon by "blacky," the moment its head appears peeping from the aperture at the top of some of the branches. i have never known the tomahawk thrown by them, as it is by the indian of america. my family was once thrown into considerable alarm by an ill-looking tribe of blacks who formed their camp immediately in front of our cottage: they were strangers, and had no business there. on making inquiries about them, i found that they came from a neighbouring district, and were endeavouring to evade the police, who were in search of them for the murder of an unfortunate shepherd. not at all liking such neighbours, i took advantage of their absence, one day, when they were gone kangaroo-hunting, and set fire to their bee-hive huts. on their return at sun-set, they took the hint, and we saw no more of them. among these tribes, it is a rule, that blood must be had for blood; and this leads them, when one of their number falls by the hand of a white man, to kill the first european they happen to meet, in retaliation. it would scarcely be reasonable to expect these ignorant savages to see the injustice of this proceeding; yet, it is hard, that an unoffending person like the shepherd above referred to should be slaughtered in revenge of the murder of a man he had never seen. the number of dialects, or apparently different languages, spoken by the aborigines of australia, is very remarkable. those residing in and about sydney cannot converse with those on the hunter, who, in their turn, are ignorant of the dialect spoken on liverpool plains; and this is the case throughout the colony. when sir edward parry was manager of the australian agricultural company's affairs, he made a tour of inspection through its estates, taking with him some few black followers as guides. they were not fifty miles from their home, when, to sir edward's astonishment, he heard them speaking english to their countrymen of the districts through which they were passing. on inquiring the reason, he was told, that the two parties were entirely ignorant of each other's language. i never could make out the religious notions of these aboriginal tribes, further than that they believe in a future state. they do not appear to have much affection for their children, if one may judge from the way in which they treat them; yet, the mother bemoans the loss of one of her little ones very piteously, daubs her face and arms with lime in token of mourning, and spends many days in the neighbourhood of the grave. in common with all savage nations, the australian blacks treat their women ill. these poor creatures get the worst of all their food, with the hardest of all their work; and are frequently very severely beaten by their hard and ruthless taskmasters. degraded as are these aborigines generally, those in the immediate vicinity of sydney are a more abject race than their more fortunate brethren who inhabit the distant parts of the colony. this may be partly, if not wholly accounted for, by the facility with which at sydney they can obtain ardent spirits, to procure which they will do almost any thing. i have never seen human beings elsewhere reduced to a state of such utter degradation and misery as these poor people exhibit. to shew how much they dislike any thing like labour, i may mention, that government, on one occasion, set aside a piece of land for a tribe near sydney, and had it cleared, tilled, and planted with maize for their use, exacting from them a promise that they would tend the growing corn, keep it clean, and gather the crop when ripe: they did neither the one nor the other, but, when called on to gather the grain that was to be their own, said, it was too much trouble. the result was, that the corn was plucked for them; and no further attempt was made to induce them to work. several praiseworthy individuals have from time to time endeavoured to educate and civilize young boys of this unhappy race. one was sent to england, where he was kept at school till he was fifteen years of age; and he then returned to his native country. he had not been two days on shore in sydney, when, meeting with some of his countrymen, he threw off his european clothing, and started for the bush, whence there was no getting him back. like most savages, the natives are seldom if ever known to express surprise or astonishment under any circumstances. shortly before leaving the colony, i saw a native, early in the morning, standing on one of the heights overlooking the harbour of sydney. on my asking what he was about, his reply was: "i belong big river ( miles distant); first time come sydney; come here see ship; _budgerie su_ (pleasant sight); never see ship or salt water before." this poor savage had come three hundred miles on foot, assisting a drover with a herd of cattle; he had never before seen either the sea or a ship in his life; and yet there he stood, looking at these, to him, most extraordinary objects, with a countenance as placid and unmoved as if they had been daily sights from his infancy. on questioning him, i could extract nothing further from him: he _would not_ allow that he was astonished, but simply repeated, "_budgerie su_." while idling away an hour one day in the criminal court, i saw an aboriginal black tried for murder. nothing could exceed the perfect indifference that he exhibited throughout the whole scene. when called upon, through an interpreter, to plead guilty or not guilty, his reply was: "i did it because he (the deceased) stole my wife." he would not condescend to deny an act which he considered himself justified in committing. this plea of justification, the learned judge directed to be taken as one of not guilty; and the result was, the prisoner's acquittal. sir f. l. mitchell, the surveyor-general of new south wales, in his admirable journal of his three celebrated expeditions into the interior of australia, has described the aboriginal inhabitants of that portion of the country named by him, "australia felix," as a race of men altogether superior to those found in other parts of this continent. this race may, and probably will be found formidable neighbours for the first settlers to encounter. their country, from the description given by its discoverer, must be a very fine one; and should it prove to be regularly refreshed by rain, it will be an invaluable addition to the colony. the fate of the tribes i have been endeavouring to describe, is a melancholy one: they are fast disappearing from the face of the earth; and one or two more generations will, in all human probability, see the last of them. chapter xi. new south wales. the hot winds--projected mail-road from sydney to port essington--sheep-farms--grazing in australia--horse-stock. i have often heard the question raised in australia, whence proceed the hot winds? hitherto, this inquiry has not, to my knowledge, been satisfactorily answered. these winds invariably blow from the north-west; but the question is, whence do they derive the heat they are charged with? in the months during which they prevail, the north-west monsoon is blowing in the java sea, and thence all the way to torres' straits; and northerly winds are prevalent on the eastern coast of australia. the weather in those seas, at that season, is wet and cold for the latitude; consequently, the north-west wind, when it first reaches the northern coast of australia, is the reverse of a hot one: whence, then, the heat it brings with it to the thirty-fourth degree of south latitude? from torres' straits to this latitude, the distance is, in southing alone, fifteen hundred miles, twelve hundred of which are entirely unexplored. i have heard it suggested, that, in this space, may, and probably does exist, a great inland desert, the crossing of which heats and dries the wind. whether such a desert does or does not exist, is a problem that may not be solved for many years to come; unless, indeed, the expedition now in contemplation, for the survey of the country in search of a practicable overland route from sydney to port essington, should lead to its earlier solution. to this expedition, should it ever start, i wish every possible success, though i have my misgivings as to its favourable result, and question the soundness of the judgment that advises the undertaking at this time. supposing the route should prove practicable simply as a mail line, is the colony at present in circumstances to bear the expense of keeping it up? the object is, to have the overland indian mail carried from singapore by steam to port essington, thence to sydney overland; the distance being, in round numbers, two thousand miles, three-fourths of the way through an uninhabited and unknown country. to keep up such a line, the outlay would be enormous, and would far exceed any return that could be expected for the next fifty years. the good folks of sydney seem bent on trying it, however; and on being refused pecuniary aid from the government, they resolved on carrying it through at their own expense; but they have since cooled in their ardour. at least, i have not heard of the money being forthcoming.[ ] [footnote : the expedition just alluded to has never been attempted; and i think very wisely. the great commercial crisis under which the colony of new south wales, in common with all the australian colonies, has been suffering of late, has given the colonists other and more pressing matters to think of; and if they will take the advice of one who wishes them well, they will look to some other route for quicker communication with the mother country, than that _viâ_ port essington.--october, .] i shall now proceed to offer a few observations upon sheep and sheep-stations. a sheep-station is, probably, the most desolate place at which a man could be sent to pass his time. fancy three men in charge of one thousand sheep, which range over five square miles of country, of which five miles those three outcasts are literally the only inhabitants, and, strange as it may seem, seeing but little of each other. one is the watchman, who remains by the hut all day, shifts the folds, and sleeps between them at night, to protect their occupants from the prowling native dog: the other two are shepherds, who start every morning at daylight, in different directions, each in charge of his flock; they do not return to the hut till sun-down, when they are tired, weary, and eager for supper and bed. thus, day after day, and month after month, pass in solitary wretchedness, relieved only on the saturday for a couple of hours, when a man with the week's rations arrives at the station. these men live all the year round on salt beef and bread, the latter baked by themselves: they have no change either of diet, of employment, or of any thing else; for, be it known, a really good sheep-station in australia yields nothing but grass and gum-trees, the soil being dry and poor. a shepherd on the hills of scotland, who returns every night to his _bothie_, and finds a _warm_ supper cooked for him by some kind female hand, is a prince compared to the exile of australia, who comes home tired and sleepy at sun-down, and may then either chop wood to cook his meal, or go supperless to bed, as suits his fancy. it is under these circumstances that those unhappy connections are formed with native women, the offspring from which are invariably killed by the mother. against these connections, the present governor has very properly set his face, and positively interdicted them. although he may check, he cannot, however, do away with the evil; which leads not only to the murder of helpless infancy, but to bloodshed and wrangling between the whites and the blacks. sheep, when i arrived in australia in , were in great request, and ewes with lambs at their feet were worth s. each, while wool was at s. d. per pound. in - and - , stock of every kind rose in price; and in the former year, i paid as high as l. per head for a flock of four hundred ewes with lambs five months old at their feet. this purchase was not a safe one; it was made when i knew but little of the value of stock, but acted under the advice of others, and when the colony was in the very midst of that wild career of mad speculation which has since worked so much misery to thousands. i suffered in common with many others who invested money in sheep at the same time, and who left the colony. nevertheless, i look upon sheep as one of the best descriptions of stock in which a man can speculate, provided that he keeps within reasonable bounds as to price. good ewes purchased from s. to s. per head, will, nine times out of ten, pay their proprietor from fifteen to twenty per cent, for his outlay. to do this, they must of course be properly tended, and be kept on what is here called, a good run, _i. e._ fine dry pasture on rather an elevated tract of country. the sheep-farmer ought to have a good homestead in an agricultural part of the colony, (this, in my opinion, is indispensable to his success,) where he may grow grain sufficient not only to render him almost independent of bad seasons and high prices, but, generally, to give him a few hundred bushels of surplus wheat and maize with which to buy tea, sugar, and clothing. hundreds of sheep-farmers have of late been ruined by having to purchase the actual necessaries for their stations on credit. cash they had none, being unwilling to part with even their surplus stock at the miserably low prices alone obtainable. another error that sheep-farmers fall into from time to time, is, the allowing their establishments to outgrow themselves, as it were, by not selling every year's surplus stock. i have known establishments become quite unmanageable from this cause, and have heard large proprietors frequently say, they were losers by holding so large a number of sheep: still, they went on in spite of their own better judgment, from year to year, without selling a single head of stock. this loss attendant upon overgrown establishments, arises as much from the difficulty of getting good and trustworthy servants, as from any other cause. the master's eye cannot be everywhere, and the overseer's is seldom to be trusted. lazy shepherds keep sheep in till ten a. m. in place of turning them out at six. idle watchmen shift the folds twice a week, instead of every day. fifty other cases of this kind take place on a large sheep-farm, that never could occur on a small establishment. in damp weather, the watchman's neglecting to shift the folds, is sure to do harm. one of its first evil effects is to give the sheep toe-rot; a troublesome complaint that lames the animal, and is not easily got rid of. then, a careless shepherd will allow his flock to stray on your neighbour's run, which may have been fed over by scabby sheep the day before. if no rain has fallen during the night, the disease is sure, in that case, to be caught by the trespassers, as i can testify from dear-bought experience. scab, here, is a very different disease from what the sheep-farmer at home is acquainted with, and is much more difficult to cure. the remedies applied for it are severe, and of a kill-or-cure description: indeed, it requires a strong sheep to bear this application. rubbing with tar, as practised in scotland, has been found utterly useless. in advising sheep-farmers to have a good agricultural homestead, i am aware i am recommending what hundreds have not the power to obtain. as a general rule, however, it is a golden one; and i would adhere to it, even were i compelled to have three hundred miles between my stations and the homestead. indeed, i have known those two establishments separated by two hundred miles. since - , sheep have been sold in new south wales as low as ninepence a head: this, however, was under very extraordinary circumstances, and is not likely to happen again; more especially since the proprietor has found out that, by slaughtering the animal, and boiling down the carcase, he can get s. d. for the tallow it yields. during the recent distresses, thousands of sheep have been disposed of in this way, the proprietors being so much reduced as to be literally unable either to pay or to feed men to look after their flocks. i know many parties who purchased sheep between the years and , at the rates then current, at three years' credit, paying ten per cent, per annum for the indulgence, who, after keeping their purchases and their increase for three years, were compelled, when their acceptances became due, to sell off original stock, increase, and all, and then had not half enough to satisfy their creditor. this, as i said before, arose from peculiar circumstances, being caused by the prevailing panic. i shall advert again to this subject, in offering a few remarks upon the recent distresses and their causes. now as to cattle. the english or scotch grazier, who has his cattle brought home and housed every night, can have no idea of the sort of work his brother grazier in australia has to go through. here, the climate is so mild, that cattle are never housed, but wander in the bush from year's end to year's end. the proprietor of five hundred head of horned cattle, must command the run of five thousand acres of pasture-land, of fair quality, as the grass in the woods of australia is so thin, that it takes three acres to feed a sheep, and ten for a bullock. he generally employs two men, called stock-keepers, to look after them: these are mounted, and ought to employ their time in riding over and roundabout their master's run, to see that his cattle do not stray, and that his grass is not trespassed on by others. this, however, is more than most of these gentry condescend to do, many of them preferring the company of cattle-stealers and other vagabonds, with whom they are frequently leagued; and if i may judge from the money i have seen in possession of stock-keepers, they share largely in the cattle-stealers' plunder. with the exception of some twenty cows and calves usually kept about the house, to give milk, which are called the milking herd, the grazier sees nothing of his herds but on muster-days, which occur twice a year. for some time previously to muster-day, the stock-keepers have been very busy drawing their herds by degrees as near the stock-yard as possible; and when the day arrives, the whole are driven into the yard to be inspected. all the yearlings are then branded, and fat bullocks are picked out for sale or slaughter. at this time, the stock-keeper and his horse have no sinecure; for the cattle they have to collect, are as wild, and nearly as swift as deer; so much so, that a cattle-hunt in australia is nearly as much enjoyed by the young men as a fox-hunt in old england. some breeds of cattle are much more easily managed than others, being naturally quieter; but, generally speaking, the wild way in which the australian herds are reared, makes them intractable and troublesome. in spite of all this thieving and trouble, however, cattle-stock is a good investment for money in ordinary times. in extraordinary times like the last year or two, no investment is safe, except to the man who can hold on till things mend. in , cattle were worth from l. s. to l. per head, for a herd consisting of cows, steers, and heifers from one to three years old, and calves under six months. very superior herds were worth more; but i speak generally. since that time, thousands of cattle have been killed and boiled down for their tallow. but times are mending, and this stock, like every other, is not likely to be again so unsaleable. it is of the greatest possible importance to a grazier, to have his herds near some place where there is communication by water with sydney. in this respect, hunter's river and port macquarie have the pre-eminence over the rest of the colony. the possessor of fat cattle, in either of those districts, can at all times send them to market by steam, without their losing much flesh; whereas i knew in , when fodder was so scarce, a man having three hundred head of beasts fit for the knife, running in wellington valley, which, could he have got them into sydney, would have brought l. per head ready cash, but which were utterly valueless to him, from the impossibility of driving them through a country almost bare of pasture. had this man been on the banks of either of my favourite rivers, he could have turned his cattle into cash in three days. the wild way in which cattle are reared in australia, makes the young steer a troublesome animal to break in for the plough; and then, the absurd system of turning all the working bullocks into the bush to feed after their day's work, adds very much to the farmer's cares. these bullocks are very cunning, and at daylight, when they well know the ploughman will be after them, invariably conceal themselves in some snug corner. i have had men out for hours, looking for a team of bullocks in this way, and have frequently been vexed to see them return as late as noon with only half the number. were i again to turn australian farmer, i would stable my working cattle, keep a man to take care of them, grow ten acres of lucerne hay to feed them, save their manure, (an article almost universally thrown away in australia,) get double work out of them, and have the satisfaction of seeing my ploughs going at regular hours, in place of being worried "from july to eternity," as sam slick says, by having to search for the cattle in the bush. it often struck me, that the australian grazier loses a chance of making a good deal of money by neglecting his dairy produce. had he a regular establishment in the bush where his herds run, to milk the cows and make butter and cheese, it would not only, in my opinion, pay well for the trouble, but would make his cattle much less wild. his having forty or fifty cows brought home every evening to milk, would not only make their calves quiet and tractable, but would also compel the stock-keeper to be more active, would keep him at his duty, and, i feel satisfied, would save the proprietor a great deal in the course of the year. the butter and cheese here are both of excellent quality, and might be made in large quantities; yet, both are regularly imported into sydney from the derwent (van diemen's land) and port phillip; a state of things the settlers of new south wales ought to be ashamed of. many a fine cattle-run is rendered useless in dry seasons, by want of water. nature has provided, all over the country, reservoirs (or tanks) for water, which are filled by every heavy rain; and their contents last a long time: still, in a very dry season, these fail; and many a thirsty bullock loses his life by tumbling, from excessive weakness, into one of those pits. some parts of the country have no tanks, (or water-holes, as they are called,) except a few muddy puddles at the foot of the hills, and thus become unavailing sooner than other parts. this inconvenience might in a great measure be remedied, at trifling cost, by constructing dams at properly chosen places in the ravines or gulleys that intersect the hills from top to bottom, every two or three hundred yards. in one instance, i have seen this plan adopted with success. the owners of property between sydney and paramatta are compelled to make tanks, the water in the river being salt, and that procured by digging wells being very little better. water, water, is the cry, in dry seasons, all over this otherwise highly favoured country; and till the end of time, this want will prevent new south wales from becoming a densely populated country. the horse-fancier may invest a few hundreds very profitably in the purchase of some really good brood mares. from these, he will not only draw a good return for his money, but will also derive a great deal of pleasant pastime in superintending the breaking-in of his colts and fillies. horse-stock, like every other, has fallen much in price lately, but will doubtless recover itself when times improve. i am acquainted with more than one proprietor who has made no inconsiderable sum of money by rearing horses. there is a constant demand for them; and of late, a good market has been found in india for those suited for cavalry. another profitable investment for money is to be found, in sydney, in the way of mortgage. ten and twelve per cent, is paid regularly, and security given of an undoubted character,--security that has not in one instance failed the mortgagee, even in the recent desperate times. large sums may be invested in this way; and for the absent capitalist, it is the mode of investment i would recommend in preference to any other. bank shares used to be in great favour with monied men when i was in australia. the holders have, however, had a severe lesson since then, having suffered seriously by some failures among those establishments. chapter xii. new south wales. causes of the recent distresses--conduct of the banks--mania for speculation--long-account system--bad seasons. i will now proceed to offer a few remarks on the causes of the late terrible distresses in new south wales, and on what i consider as the best means of preventing the recurrence of such lamentable scenes. the three main causes of those distresses were, undoubtedly:-- first, harsh and illiberal conduct on the part of the banks. secondly, a wild speculation-mania that took possession of the entire population. thirdly, the system that had obtained, of giving long credit to purchasers of stock, &c. while i look upon these three as the primary and principal causes of by far the greater part of the suffering the colony has recently undergone, i must specify another, though certainly a secondary cause; namely, two successive bad seasons. this last cause is, i am aware, by many persons, regarded as the chief source of all their distresses and losses; but i think i can shew that those parties are wrong in this opinion, which springs from their anxiety to frame an excuse for their very imprudent speculations. in the first place, then, i accuse the banks of harsh and illiberal conduct; and i will state my reasons for this charge. when i arrived in sydney in , the banks, without exception, but more particularly the commercial bank (then under the management of a would-be shrewd aberdonian), were doing every thing in their power to induce parties to open accounts with them. bills for discount were eagerly sought after, and little attention was paid to the respectability of the names of either drawer or endorser. cash-advances were publicly advertised by the commercial bank. parties, to my certain knowledge, were stopped in the street by the aberdonian just alluded to, who solicited their business with a very bland smile. in short, no stone was left unturned by these money-seekers to add to their half-yearly dividends. this system went on till the latter end of . i need scarcely say, that this unbecoming and greedy canvassing for business, tempted many an unwary merchant and settler to venture beyond his depth, and ultimately led to ruin and a prison. the amount of money represented by absolutely valueless paper at this time, is quite beyond calculation. renewals were a matter of course. cash payments, even in part, were the reverse of common. bank-directors overdrew their accounts with perfect impunity to a large amount; and the whole colony seemed intoxicated with the fond notion that the banks would never fail them, and that, in those fountains, they would at all times find a never-ending supply of "the needful." in the midst of this mad career, the day of reckoning came suddenly upon them. the banks took the alarm: they began to think they had allowed the kite-flying system to go too far; and they commenced a system of unparalleled harshness and oppression towards their _gulls_. cash advances were not merely stopped, but those previously made were called in. renewals would no longer be accepted, even for half or a quarter of the amount due; and the unfortunate "kite-flier" was, in hundreds of cases, ruined by the very men who had in the most unprincipled manner led him into the mire, and then left him. the banks now took up a position the very opposite of that hitherto occupied by them; and, instead of trusting everybody, put no faith in any one. this conduct ultimately recoiled upon themselves; their shares fell in value; some of them became bankrupt, while the others had a hard struggle to avoid that catastrophe; and the public lost all confidence in banks and bankers. the worst part of the tale remains to be told; namely, that many widows and orphans, whose all was invested in bank shares, were utterly ruined and reduced to destitution by the failures alluded to. i come now to the second main cause of australian distress, viz. the speculation-mania that took possession of the entire population of this fine colony. no one who did not witness the effects of this mania, can imagine to what an extent it was carried. scarcely a day passed without one or more public auctions of stock of all descriptions; and not a sale took place, that was not crowded with eager purchasers. many large stock-holders took advantage of the high prices obtained at those sales, to sell off, in the delusive hope that they would in this way be enabled to retire from active life, and perhaps to return to their native country. the terms offered at those public sales, were such as to induce many persons who never even dreamed of sheep or cattle farming, to enter the market and purchase to a large extent. these terms were, in general, something like the following:-- ten per cent, on the fall of the hammer; thirty per cent, by bill at twelve months; thirty per cent, by bill at two years; thirty per cent, by bill at three years: these bills bearing interest at ten per cent, per annum. i have seen tens of thousands of sheep and cattle sold in this way, many of the buyers being men who had never even seen one of the animals they were bidding for, and who knew literally nothing about the management of flocks and herds; being tempted to make the purchase by the long credit given. but, strange to say, many old settlers were led, with their eyes open, into extensive purchases at most exorbitant rates, thinking that nothing could check the career of splendid prosperity upon which the colony was then supposed to have entered. how dearly those parties have paid for their folly, the world generally, and their creditors in particular, well know. besides the numerous public sales of stock all over the colony, and the large amount of property that changed hands on those occasions, many important private sales took place about the same time. there was not a sheep, cow, or horse in the colony, too old or too bad to find a purchaser! any thing would sell, provided only that _time_ was given to find the money. nothing could exceed the madness of the people, buying, selling, and exchanging accommodation-paper from end to end of the land. then came the land-jobbers, a set of sharks who did great harm. it was a common practice with those jobbers, or rather robbers, to apply to the surveyor-general's department, to have lots of land put up for sale, which they were aware that certain landed proprietors could never allow to fall into the hands of strangers, and then to go to the party whose estate the sale of the land in question would injure, and demand a bribe to stop their bidding against him. if this quietus was refused, these scamps would attend the sale, and bid the land up to some exorbitant price, knowing that their victim must be the buyer. land once advertised by government must be put up to auction; and the jobber's victim was obliged either to purchase, or to run the risk of having a stranger sit down as the proprietor of a few hundred acres in the midst of his thousands. another class of scamps used to attend land-sales, who would conspire to keep down the prices of lots they wanted, by not bidding against each other, and by playing various other tricks, to the detriment of the revenue. the attorney-general got hold of half a dozen of those gentry in , and prosecuted them for conspiracy. he obtained a verdict of guilty against them, but assented to their petition for a new trial. again they were convicted, and they were fined a hundred pounds each; the court telling them, that the penalty would have been much heavier, had not the judge taken into consideration their humble petition for mercy, and the heavy expenses they had incurred in standing two trials. this system of selling by auction and by private sale, large herds of cattle and flocks of sheep at high prices, went on till some of the twelve-month's paper became due. cash not being then forthcoming, renewals were asked for in many instances, which somewhat damped the ardour of speculation; but the wild career did not receive any very serious check, till the two-years' paper began to come into play. very little cash could be got from the drawers, who were, in many cases, obliged to bring a large portion of their stock to the hammer, in order to meet their acceptances for thirty per cent, of the purchase money. this alarmed people. the price of stock began to fall; and, long before the three-years' paper became due, ewes that had cost the buyers l. per head, could be got for s. d. thus, many a poor fellow, after labouring hard for three years to keep his flocks and their increase together, had to part with the whole, and still had not enough wherewith to satisfy his original creditors. hundreds of instances of this kind might be specified, did i feel at liberty to publish names. as to the operation of the third main cause of the distress, the system that obtained, of giving long credit to purchasers of stock, the evils arising from this practice have been partly exposed in the foregoing remarks; but i will proceed to point out a few other evil consequences, as they occur to me. to begin with one that more than once came under my own notice; many persons of property, trusting to the long prices obtainable for stock of every description when sold on credit, and forgetting that there was absolutely no _cash price_ at the time, deemed themselves much richer men than they were in reality. giving to their overseers the charge of their country residences, they took and furnished houses in sydney for their families, set up their carriages, and commenced a style of living far beyond their means. this fact (the want of cash) came upon them the moment the first half-year's bills for rent, household supplies, &c., became due: these proved to the deluded settler, that, though he had flocks and herds, he had no money, nor could any be got, except at a sacrifice. to a man, they had to sell off and return to their estates, where dire necessity has since compelled them to remain, and where, i hope, renewed prosperity and common sense will induce them to stay. another evil caused by the long-credit system, was its inducing many persons to purchase stock for the purpose of raising money upon it. this practice was carried to a ruinous extent, and caused immense distress in this way. a hundred head of cattle might be parted with to day, by a needy settler, say, at l. per head, six months' credit; the seller took the buyer's note of hand for the purchase money, l., which was immediately taken to the bank, and discounted; and the settler returned to his farm, satisfied that he had made a good sale of his beasts. the buyer, having no use for the cattle, re-sold them, taking the second buyer's note for the money, which, like that of the first, went at once to the bank. this transaction was frequently repeated six or eight times, before the cattle found a _bonâ fide_ purchaser; and it was no uncommon thing, to find paper in the market to the amount of l. or l., the only representative for which was the hundred head of cattle originally sold by the settler; the whole of the parties concerned being, with the exception of the first seller and the last buyer, mere men of straw. when the six months expired, not a single bill of the six or eight negotiated, was taken up, excepting, perhaps, the last one: all the others had to be renewed; and it was the forcing the payment of such bills, that ruined so many people, and ultimately shook the credit of every bank in australia. the credit system also led many mercantile men into speculations which they never would have entered into under a wholesome system of trade. from these many serious losses resulted, which have led to ruinous failures. any man with a hundred pounds in his pocket, could get credit for a thousand; and numbers of adventurers of all descriptions, taking advantage of the times, opened stylish shops well-filled with goods bought on credit, carried on a flourishing trade till within a few days of their bills falling due, and then decamped, leaving their unfortunate and silly creditors to get paid from the wreck of the stock left in the shop. i knew an auctioneer who played this nefarious trick, leaving his creditors _minus_ the enormous sum of , l. he did not, however, long retain his ill-gotten wealth: how he got rid of it, i do not know; but i found him two years ago in singapore, where he kept a small grog-shop, and lived in great wretchedness; and i have since met with him knocking about the streets of macao, a disgrace to his country in a foreign settlement. the credit system ruined two thirds of the respectable auctioneers in sydney, and upset the australian auction company, absorbing every shilling of its paid-up capital. in addition to the evils inflicted on this colony by these main causes, great losses were sustained by settlers through their becoming shippers of their own wool. at the time i speak of, wool was worth, in sydney, from s. d. to s. d. per pound, and, in england, some d. or d. more. these high rates would not satisfy some settlers, who foolishly took an advance upon their clips, letting them go home on their own account, and at the risk of the agents of the parties who advanced the money in sydney. in the meantime, wool fell in the english markets to s. and d. per pound. the nett proceeds of the shipment did not nearly cover the advance made; and the hapless shipper, already in debt to his agent for supplies, and without a penny of cash at his command, was called upon to make good the difference, which he was unable to do. his agent, pressed by others, must press him; his flocks are brought to the hammer, and sold at the now ruinous current prices; and he becomes a bankrupt. dozens of cases like this, occurred during the late wretched times. i come now to the consideration of the bad seasons of - and - . while i maintain that they were far from being the sole, or even the chief cause of distress, i allow that they added to it very materially. to shew that they were not the sole cause, i may mention, that, among my own personal friends in the colony, not one who avoided speculation and putting his name on paper, has failed; while those who followed the stream have sunk, every one of them. during those years, every thing the unfortunate grazier had to sell, was cheap beyond all precedent; while every article he was compelled to purchase, was very dear. tea, owing to the china war, rose from l. to l. per half-_pecul_ chest of hyson skin. flour of the very coarsest description could not be had under from l. to l. per ton of two thousand pounds weight,--a colonial cheat, calling two thousand pounds a ton! sugar and other necessaries were equally high; and many a poor settler who had never refused his hard-worked servants their tea, sugar, and tobacco, was compelled to stop those indulgences. to the working-classes in sydney and other towns, the bad seasons were ruinous. provisions were so dear, that many a father of a family found his earnings far from sufficient to provide food for his wife and children. building was almost entirely put a stop to; and thus, hundreds of industrious men were thrown out of employment. to so serious an extent did this distress reach, that government was called upon to afford pecuniary relief to the starving poor; a circumstance altogether unprecedented in australian history. so low had these evils sunk the colony and all its inhabitants, that failures of merchants and settlers continued to be of almost daily occurrence up to the end of the year . no one durst push his neighbour for payment of debt: were such a thing attempted, an immediate surrender of his affairs to the official trustee of the insolvent court, was the consequence. several of the first and oldest merchants in the colony have sunk under the long-continued pressure; and, at the date of the last accounts, more failures were looked for. these, however, were expected as the result of old causes, not of new or recent transactions. upon the whole, i am disposed to think, that australia has seen its darkest day, and that things are likely soon to improve, if, indeed, they have not already mended. the price of stock was looking up; and ewes that had actually been sold as low as d. each, were worth s. d. men of capital lately arrived from england with ready money, had commenced purchasing land and stock; and their operations had given an impetus to affairs in general, that could not fail to be beneficial. chapter xiii. new south wales. elements of prosperity still existing--hints to the colonists--future prospects. notwithstanding the terrible shock from which australia has been suffering ever since , i still retain a high opinion of the colony as an advantageous field for the employment of the spare capital of the mother country. the elements of prosperity still exist, and require only a little nursing in order to effect its recovery from the recent depression. the emigrant with a capital of three or four thousand pounds, must not, indeed, expect to make a fortune in a few years; but he may with perfect confidence look to make himself an independent man, at a much more rapid rate than he could by means of double that sum in england. if he is prudent, nurses his capital, sticks to his business as a settler, avoids _tempting_ bargains of things he has no use for, and, above all, refrains from obliging his neighbours with the occasional loan of his name to a bill, i see not what can by possibility prevent his succeeding in such a country, even allowing that every third season should prove one of drought. to the industrious farmer with a small capital of l. or l., new south wales offers a fine field: he can obtain a hundred acres of the finest arable land in the world on a clearing-lease, with two years free for the clearing, and three or five years more on a moderate rent. a capital even of l. will enable him to fence his land, build himself a _bush_-house and out-offices, and maintain his family for two years; by which time it will be hard indeed, if he has not land enough under crop to return him something handsome. i have known many settlers of this kind thrive, and many others "go to the wall:" the former had a small capital to start with, while the latter commenced upon credit for the very bread required for their families; a plan i never knew to succeed. let but the settler stick to his business; the merchant be content with smaller profits than used to satisfy him, and cease giving long credit to all and everybody; let the banker be less grasping, and not quite so hard a creditor when he finds one of his customers in difficulties or reverses; let every one avoid speculations out of his strict line of business, and beware of accommodation-paper; and let the lower and middle classes avoid the public-house; and there is nothing to fear for australia. it has had a severe lesson administered to it, that ought to be a warning to all its inhabitants for the future. i have no hesitation in saying, that nine-tenths of the evils from which the colonists have suffered of late, have arisen from their own imprudence, and that these may be avoided in future by common caution, in spite of dry seasons and occasional failures of crops. now that colonization is extending up the coast from sydney northwards, and the inhabited parts of the colony already approach the tropic of capricorn, new south wales ought, in a few years, to be a rice and sugar-growing country. the soil on the banks of the rivers in the neighbourhood of moreton bay, is, from all accounts, equal to any thing hitherto known in the colony; and the climate is very highly spoken of. should the winter there prove too long or too severe for sugar-growing, (i do not see why it should be so,) parties anxious to try the culture of the cane as a means of making money, must in that case just move a little further north. there is an extensive field to explore, before they reach torres' straits. that new south wales will become an extensive wine-growing country, i conceive there is no room to doubt. its vineyards are magnificent, in every sense of the word. i have visited several of them, and was struck with the abundance and variety of their produce. two proprietors of my acquaintance have been for years in the practice of making wine of different sorts, but principally of the lighter kinds resembling the rhenish. i can vouch for their being very palatable, particularly during the summer months. one of the gentlemen alluded to has also made very good port wine and brandy. the greatest drawback on the commerce of new south wales, is the deficiency of exports, the balance of trade being greatly against the colony. its wool and oil are what merchants have hitherto principally depended upon, though other exports are now coming into play; viz. cedar-timber, hides, tallow, and salt provisions. still, i do not think that, even with these additions, the merchants of the colony can manage to make their exports equal in value to their imports; and were it not for the very considerable sums drawn for on the home government, by the military department, for the pay and provisions of the troops, necessity would compel the merchants of england to reduce their shipments to australia. the great fall in the price of the principal colonial staple, wool, has added very materially to the difficulties arising out of this state of affairs, by reducing the value of remittances made in that article to one half of what it used to be. the quantity of wool increases, it is true, from year to year, but not to such an extent as to counterbalance the fall in price; and it must be borne in mind, that, as fast as the wool increases, so does the population, and consequently the amount of imports in the shape of supplies, which have all to be remitted for. since the opening of the coast of china to the commerce of the world, (the result of our late struggle with that country,--a struggle so much condemned by those who were ignorant of the merits of the case,) the merchants of sydney seem to have entertained the idea, that their trade will benefit by the change. no one would rejoice more than myself at their anticipations proving correct; but i confess my judgment differs from theirs; and if we may judge by the result of their trial shipments, which arrived prior to my leaving china, it is to be feared they will find, to their cost, that they have reckoned without their host. the sydney merchants, from what i have heard, expect to find in china a market for horses, cattle, and sheep, coarse woollens, wine, and salt provisions. the first three have been tried, and the experiment has proved an utter failure: the horses were sent to calcutta, not a purchaser being found for one of them in hong kong. cattle are out of the question: they cannot be transported five thousand miles to undersell the chinese butcher, who gives fifteen pounds of good beef for a dollar--about - / d. per pound. this price, the sydney speculator cannot compete with, particularly as his beasts would certainly land in poor condition after so long a voyage, and either put him to the expense of fattening them, or compel him to sell at the low price of lean cattle. sheep have also been tried by several ship-masters, and did not answer: the last lot that came, were slaughtered and sold in the market, the only way in which they could be got rid of, and which would not answer the purpose of a large importer. for coarse woollens, a market may certainly be found in china; but whether a profitable one, or not, to the australian manufacturer, is, in my opinion, somewhat doubtful. labour is so much cheaper in britain than it is in australia, that, i fear, the sydney manufacturer would have but a poor chance, when his goods came into competition with those of manchester, either in the chinese or in any other market. whatever kinds of goods may be required on the coast of china, will soon be supplied from manchester and glasgow at the lowest possible figure, the object of the manufacturers of those places being, i presume, a large trade with moderate profits; so moderate, indeed, as to leave the sydney manufacturer no chance of competing with the means at the command of the british manufacturer. australian wool, like indian cotton, may be taken to england, be manufactured there, and sent out and sold in china, or anywhere else, for less money than it would cost the sydney capitalist to produce the manufactured article. as to wine, it will be a long time before new south wales has much to export; and the limited european population of china will not consume a sufficient quantity to be of importance to the australian vine-grower. the chinese cannot be counted upon as purchasers: they are not wine-drinkers, generally speaking; and the little they do consume, is manufactured to suit their own palates, in china. for salt provisions, there is a considerable demand in china, among the european shipping that visit its ports: they must, however, be cheaper in sydney than they were in my time, to answer the purpose of even a remittance. the americans bring to china excellent beef and pork, which they sell at ten and twelve dollars (about s. to s.) per barrel of two hundred pounds weight. if these prices will remunerate the sydney shipper, he may try his luck as soon as he likes; but he must not send an inferior article: if he does, he will sink his capital. cedar-timber has been tried recently, and has answered very well to a small extent: this, however, will last only till the town of victoria on the island of hong-kong is completely built. by every fresh outlet for surplus stock that can be pointed out to the australian grazier, we shall be rendering him a substantial service. sir robert peel's new tariff will enable him to dispose of many a spare fat bullock. of this opening he has already taken advantage, by sending trial shipments of salt beef to england. it appears to me, that the imports and exports of australia ought to be much nearer a balance than they are. to bring about this desirable state of things, it will be requisite to reduce the amount of the imports, which may be effected by giving up the importation of hams, bacon, cheese, butter, tobacco, and, in a great measure, grain. to see a pastoral country like new south wales importing butter and cheese, is an anomaly, and only proves the waste and carelessness of the owners of herds numerous enough to supply all europe with dairy produce. the importation of hams and bacon is another absurdity and evidence of wasteful husbandry. i have seen fruit, barn-sweepings, butter-milk, bran, &c. &c. wasted about a farm in australia, in quantities sufficient to feed and fatten a hundred pigs, which would have kept the establishment in meat for half the year. indeed, it is a common saying in the colony, that the waste on one of its farms, would make an english farmer's fortune. these may seem minor articles, but vast sums of money are annually paid for them to london dealers. besides these, are imported, pickles, preserved fruits, sweetmeats, shoes, clothing, and a thousand other articles, every one of which might be as well and as economically made in the colony, thereby saving thousands per annum. a coat or other article of dress can be made in sydney as well and as cheap as in london; and though the cloth must be obtained from england, there is no reason that the london tailor should benefit by the making, when the sydney one is in want of work, and is willing to work as cheap as his london brother. employing colonial workmen would keep vast sums of money in the country, that now go out of it. tobacco and snuff ought never to be imported, the colony being quite equal to producing more than sufficient for its own consumption. the quality of colonial tobacco used to be complained of; but that objection no longer exists. moreover, people who cannot complete their remittances for necessaries, have no right to be nice in their choice of luxuries. i am confident that i am within the mark, when i say, that , l. sterling per annum are paid to americans and others who import snuff and tobacco! this is a sum assuredly worth saving, and which the colonists could easily save, by encouraging the growth and consumption of their own produce. after what i have written upon the subject of australian agriculture, i may be thought to be making a bold assertion in saying, that the necessity for the importation of grain might, in a great measure, be done away with in australia. nevertheless, such is my opinion; and i will proceed to give my reasons. in the first place, there is a great waste of wheat, as well as of every thing else, on every farm in the colony. there is no gleaning; and what with the bad and careless threshing and the ill-thatched and worse-built stacks, which admit the rain, whereby thousands of bushels of wheat are destroyed, the waste is beyond any one's conception who has not actually witnessed it. in the second place, there is not nearly so much wheat grown in australia as there might and ought to be. a simple process of irrigation, such as the chinese or the javanese, the machinery for which would not cost l., and would employ only two men when in operation, applied to the wheat-fields in dry seasons once a month, would save many a crop. all, or nearly all the wheat in the colony, is grown on the banks of rivers, which, though they cease to flow in a season of drought, have always water in the deep parts of the channel or "water-holes." it requires no argument to prove, that irrigation, in such situations, is a very simple matter. two javanese, by means of a long lever attached to a tall tree on the bank of a river, with a large bucket and string at one end, and a string to hoist up by at the other end, will keep a small stream of water running over and fertilizing the neighbouring paddy-fields all day long, without fatiguing themselves. the chinese water-wheel is also a simple and cheap contrivance, and would throw up water enough, in two hours, to irrigate, or even to inundate a tobacco or wheat-field. all that is wanted, besides the labour of two men, is a series of wooden troughs to convey the water from the river bank to the highest part of the field, whence it is easily guided over the other parts. a little attention to irrigation might, in my humble opinion, very soon make new south wales independent of imported wheat. another means of doing away with the importation of grain and flour, may be found in paying more attention to the cultivation of maize. large quantities of it are grown at present, but they might easily be doubled.[ ] and here, irrigation would answer splendidly, the drills forming such convenient water-courses. large as is the quantity of maize grown in australia, it is not used as food for man;--why, i know not, but such is the fact;--and i have known a convict turn up his nose when offered corn-meal. every one knows how extensively this article is used in america, and how wholesome a food it is. were the australian farmers firmly and unanimously to determine upon making their dependents take at least half their weekly allowance in maize-meal, in place of wheaten flour, the latter would soon become fond of it. there would then be an inducement to extend its cultivation; and the large sums of money annually remitted to van diemen's land, valparaiso, and bengal, for wheat, would very shortly be reduced to a small cipher. [footnote : i do not mean to say, that irrigating an acre of wheat or maize would double the yield of grain, but that double the number of acres now under the plough would in a few years, after the irrigating system had been fairly tried and found to answer, be brought under cultivation. in the neighbourhood of bathurst, and in many other parts of the colony where rain is very uncertain, there are thousands of acres of alluvial land lying waste, which, upon my plan, would yield tens of thousands of bushels of wheat and maize.] to urge this most desirable object any further upon the colonists of new south wales, would be to insult their good sense. i will only express a wish that they may at once adopt measures to equalize their imports and exports, and that the few hints here thrown out to them, may be of use. the supply of tea and sugar to the australian colonies, has, on the whole, been a profitable trade to the parties engaged in it; but it has, of late, been overdone. the quality of the tea and sugar now sent to sydney, is far superior to what it used to be; and the coarser sorts of both are going out of use; a clear proof that the population are improving in respectability. formerly, nothing in the shape of either article was too bad to send out to australia. things have changed, however, and several speculators have been serious losers within the last three years, by sending goods that would have suited admirably six years ago. when i first went into the bush, you might visit a dozen of the most respectable houses without being able to get any thing better than the most common hyson-skin tea and very dark moist sugar. a cup or two of the liquid made from these, would poison an old indian; and i never ventured to drink it. a friend of mine, who absolutely dreaded being compelled to drink this stuff, used always to carry a paper of good black tea in his pocket, whenever he left his own house. he was in the right, though often laughed at. mauritius sugar used to be the favourite at the time i speak of; but now, manilla, singapore, and batavia are looked to for the supply of a better and cheaper article. from manilla the colonists import small supplies of coffee, chocolate, reed hats, and cheroots. singapore and batavia send them, in addition to sugar, quantities of rice, spices, dutch gin, tea brought thither by chinese junks, planks, &c. &c. singapore sends also a ship or two annually to south australia, port philip, and van diemen's land. chapter xiv. new south wales. classes of society in sydney--disappointment of emigrants--characteristics of irish and british emigrants--availableness of chinese labourers--australian coal monopoly--torres' straits the best passage for steamers--botany bay--passage from sydney to batavia. to obtain admission to good society in sydney, when my family first arrived there, was no easy matter. not that there was any lack of it in the place, but the residents were, very properly, shy of strangers, unless provided with testimonials as to their respectability. fortunately for us, a kind friend in singapore, who had been in new south wales, and knew the value of the favour he was conferring, supplied us with a whole packet of introductory letters to the first families in the place; while we were further aided in the matter by my old friend, thos. macquoid, esq., then sheriff of the colony. in a place like sydney, where society is formed of such varied and extraordinary materials suspicion of strangers, on the part of the really respectable portion of the community, is natural enough; and those who have not been sufficiently wary in this respect, have had cause to regret their want of caution. the tide of emigration is now bringing numerous highly respectable families to australia, as well as thousands of hard-working, honest labourers, while the importation of felons has ceased. this state of things will, in time, do away with the necessity for such extreme caution and mistrust. it will, however, take a number of years to clear the colony of the half-reformed villain who still hankers after his old ways,--of the _emancipist_, whom the law looks upon as a reformed character, but whom experience has taught the world to look upon with a very different eye,--and of the convicts for life, who still amount to thousands. until the colony is pretty well weeded of such characters, society will not, and cannot, dismiss the suspicion with which it is now rendered necessary, by circumstances, to regard the unintroduced stranger. i found no lack of agreeable society, both male and female, in any part of new south wales that i visited. in many instances, the conversation certainly turned rather too much upon sheep and cattle; but this ought to be excused, where ninety-nine hundredths earn their daily bread by means of those animals. in sydney, we found the dinner and evening parties highly agreeable, and composed of elegant, accomplished, and intelligent persons of both sexes. what more can be said of any community? during the government of sir richard bourke, an attempt was made by him to introduce into his own parties some emancipist families; and on one occasion, the grand-daughter of a late sydney hangman actually made her appearance at a ball at government-house. this fact being found out by the heads of families present, a representation was made to his excellency through his aide-de-camp, and, after some show of opposition on the part of the governor, a stop was put to it. i do not mean to say that, among the class called emancipists, consisting of persons who have been convicts, there may not be found men and women who have become thoroughly reformed and fit to adorn society. this, however, is the exception, not the rule. a large majority of the class in question are quite unfit for any company but that of a low pot-house. some of the most stylish equipages in sydney are the property of men who came to the colony with fetters on their legs. in them may be seen, any and every day, gayly-dressed women, driving about the town, shopping and lounging away their idle mornings. whether they are the wives, daughters, or mistresses of the owners of the carriages, it is difficult to tell; but the conclusion that every second one contains a mistress, would not be far from the truth. such is the society the unwary stranger sometimes falls into, before he knows what he is about; nor does he become fully aware of the evil consequences of his imprudence, till he finds out with whom he has been associating, and that all access to the really respectable society of the place is closed against him. it is quite as requisite for a stranger arriving in sydney to be on his guard as to his associates, as it is for residents to be careful whom they may admit into their families. there are many wealthy families in and near sydney, whose heads came as convicts to the colony. the days when such men could make rapid fortunes, are gone by; and the convict who looks for any thing of the kind now-a-days, will find himself wofully mistaken. there are too many respectable tradesmen in sydney for ex-felons to have much chance; and the time when a shopkeeper would not condescend to take a piece of cloth off his shelf to satisfy a customer, but would point to a lot with his stick, and ask, "which will you have?" has also gone by. every attention is now shewn to customers by sydney shopkeepers, some of whom are not a whit behind their london brethren in the art of recommending their wares. new south wales had been for many years a british colony, before any israelites found their way thither as _free_ men; and i have heard, that it was the return of a jewish convict with well-lined pockets, that first attracted their attention to his place of exile. be this as it may, there are more jews than enough in sydney now; they are to be found in every quarter of the town; and certainly, they keep up their ancient character for perseverance in search of their idol, money. i do not think, however, that i ever came across a jewish settler: why they seem to avoid that occupation, i know not. it is common, in australia, to hear persons talk of the colony as their adopted country, and so forth. no faith ought to be put in these declarations; nor do i believe there is a family in the colony, who do not entertain some hope of once more seeing their native land. during the time that high prices were obtainable for stock, hundreds of settlers who were wont to talk of their adopted country, used every exertion to realize their property in order to return to england. many succeeded, and actually left the colony, rejoicing in the idea of once more planting their foot on british ground. the exceptions to this general rule, are to be found in the emancipist class; in the persons of notorious scamps who could not shew their face in respectable society in england, and who have sense enough to know that they are better off in the southern, than, by any chance, they could be in the northern hemisphere. from extensive experience, i am convinced, that a very large majority of emigrants are lamentably disappointed on reaching the shores of australia. not that i think they have cause for half the complaints they make; but they have received, before leaving home, such flattering representations of the good fortune that is in store for them, that their expectations are raised to a pitch far beyond the probable, and disappointment is the natural consequence. the tales told them prior to their embarkation, render them difficult to please on their arrival; they demand exorbitant wages, and more rations than they could possibly consume without waste; and the consequence of this is, that many of them remain weeks and months in sydney, out of employment, living upon the little money brought from home, although, in the meantime, eligible offers may have been made them. this stay in sydney not only empties the emigrant's pocket, but breeds idle habits, leading him to the public-house, where his last penny is soon extracted from him. then comes want, with all the horrors of a starving wife and family; grown-up daughters are driven to prostitution; and the emigrant himself is ultimately compelled to accept any offer made him in his degraded state. this is no overdrawn or rare picture, as any one acquainted with the subject can testify. emigrants that come to the colony in what are called government ships, and who are brought out at the public expense, are provided for on their arrival, till employment offers for them; but, the moment they are known to have refused a fair offer, government aid ceases. even that circumstance, however, has little or no effect upon the more stubborn of them, who abate or yield in their demands only when compelled by necessity. many emigrants, from their fondness for a town life, refuse good offers of employment in the country. great evils arise from this: one is, that it frequently happens, that sydney is overrun with idle labourers in search of employment, while the settlers in the country are all crying out for help. to such a height had this evil risen, and to such distress were numbers of infatuated men reduced by remaining idle in town, that government was recently applied to for its interference, and actually paid the expense of sending hundreds of men into the country, where they got immediate employment, which they might have had many months before, had they been reasonable in their demands. it is remarked all over the colony, that the emigrants generally are very difficult to satisfy in the matter of rations; and that the man who had been the worst fed at home, was the most difficult to please abroad. an irishman is generally found the chief grumbler here; a scotchman ranks second; while an english peasant, who has all his life fared better than either, is found, in australia, to be most easily satisfied. i do not attempt to explain or account for this; i have, however, not only frequently observed it, but have heard my neighbours make the same remark. i hired an irish labourer and his wife, to whom i gave the following pay and rations:-- l. a year to the man; l. a year to his wife; weekly between the two, lbs. of beef, lbs. of flour, lbs. of sugar, oz. of tea, and oz. of tobacco. with this allowance, for half of which thousands of families in england would be thankful, the couple were not satisfied, and actually complained that they had not enough to eat. it was summer time when they came to my farm; and they were warned, that the blow-flies would destroy their meat, if it was not covered up: they were too lazy, however, to take the slightest care of it; and, as i saw their second week's allowance lying on a table the day after it was served out, covered with a mass of blow-flies, i took them severely to task for their wanton waste and neglect. but it was of no avail. and this couple had lived upon potatoes and butter-milk all their lives! it is but just to add, that, on mentioning to a major in an irish regiment, whom i subsequently met in china, the difficulty usually found in satisfying his countrymen in new south wales, he expressed his astonishment, and remarked that the reverse was generally found to be the case with irishmen in the army. several ships with emigrants from the highlands and islands of scotland, arrived at sydney during the years and . these people were, in general, unwilling to accept of employment in any shape, but preferred taking clearing-leases of small patches of land on their own account. this plan, many of them succeeded in carrying into execution, much to the disappointment and annoyance of the community at whose expense they had been brought to the colony; and it was reasonably complained, that these men, in place of supplying the labour-market, as was intended, actually created an increased demand for labour, by requiring aid in their own operations before the first twelvemonth had passed over them. be this as it may, they are a hard-working, industrious set of men; and whether their plans raise or depress wages, they have added materially to the quantity of grain grown in the colony. now that we have a footing in china, i would draw the attention of the inhabitants of new south wales to hong kong for an unlimited supply of cheap labour. there, by means of an agent on the spot, they may procure thousands of able-bodied labourers, who will go to australia for five dollars ( s. d.) per month, with their food. this rate of pay is much lower than what is paid to european labourers; and the ration of rice for the china-man might be procured from java, bally, or lombak, and laid down in sydney at (or under) three halfpence per pound; which is as cheap as no. flour in the most abundant seasons, and much cheaper than that article usually is. for field-work, the china-man is fully equal to the european labourer. i speak advisedly, having tried them together, side by side, for months at a time. in a recent singapore paper i find it stated, that the home authorities have authorised an agent to treat for the transmission of chinese labourers from the straits' settlements to the west indies; and, from my knowledge of those places, i have no doubt that thousands of men will be induced to avail themselves of this new market for their labour. had new south wales the same permission from government, she might be equally, and probably more successful, because china-men always prefer emigrating to a country having frequent communication with their own. this advantage, new south wales possesses over the west indies, for as many as twenty or thirty vessels annually leave sydney for china. there would be no difficulty in getting the chinese labourer bound for five years, his pay to begin from the day he landed in sydney, and his passage down to be paid by his employer. this last charge would add s. per annum to his wages; but even then, he would be the cheapest labourer within reach of the australian farmer. many gentlemen have turned their attention to bengal for a supply of labour. the men procurable from that country, are not equal in physical strength to the china-men, nor are they to be had for lower pay. i had six bengal coolies in my employ in the bush, and have no hesitation in saying, that three china-men would have done their work. the proper immigrant to obtain from bengal, if the colonists choose to apply to that part of the world, is the pariah, the man of no caste, who will eat any thing, apply himself to any kind of work, even to the killing, curing, or eating a pig, and give far less trouble than any of the high-caste men. the best season for despatching ships with emigrants from china to new south wales, is from november till february, both inclusive. a source of vast wealth will open to australia on the expiration of the agricultural company's coal-monopoly. that body, on its establishment in the colony, obtained the privilege of working coal for thirty years, to the exclusion of all others. the injustice of granting such a privilege to a company who do not work more than one coal-mine, when there are literally thousands on the eastern coast of this continent, is too obvious to require comment. many landed proprietors who have rich veins of coal on their estates, are, under the present regulation, actually compelled to purchase the agricultural company's coal for the use of their own kitchens. it may well be imagined, that the money is paid with a very bad grace. up to the time i left sydney, the only coal-pit in operation was one at newcastle, at the mouth of the river hunter. from this source, an abundant supply of very fair quality was obtained, for which, if i mistake not, s. per ton was demanded at the pit's mouth. the company's coal waggons descend the hill from the pit, by an inclined plane, on iron rails, the descending waggon dragging up the empty one. at the foot of this inclined plane, a wharf or jetty runs a little way into the sea, so that vessels of four or five hundred tons burthen can haul alongside, and have their cargoes shot by waggon-loads down their hatches. all this is as it should be; and when forty or fifty such pits are in full work, australia may expect to reap some benefit from her mineral riches. the importance of a never-failing supply of coal in these days of steam travelling, is too evident to require a single word of remark. talking of steam puts me in mind of the anxiety felt in australia to secure the advantage of the indian overland mail, and of a plan for effecting their object which i have frequently thought of. on the arrival of the mail at port essington, from singapore, why should it not be sent to sydney in a steamer by sea, _viâ_ captain king's _inner passage_ through torres' straits, instead of adopting the far more expensive and _uncertain_ overland route formerly mentioned? this may seem a bold, and, to most people, an extraordinary suggestion; the plan is, however, in my opinion, practicable at all seasons of the year, though more particularly so during the fine or south-east monsoon. i have sailed through torres' straits, and would not hesitate a moment to undertake to carry a powerful steamer from port essington to sydney, through the admirably surveyed channel just mentioned. during the south-east monsoon, from april till september, the wind would be against her; but she would have the benefit of moderate and clear weather, and find no difficulty in seeing and evading every danger. in the north-west monsoon, the steamer would have a fair wind, but hazy weather, with frequent squalls to contend against. the thick weather would undoubtedly be a disadvantage, as it would render objects less easily distinguishable; but then, the strong north-west winds and squalls would knock up a heavy sea, which would make the water break on every reef, thereby rendering them easily both seen and _heard_ in the thickest weather. on the coast of sumatra, i have heard the breakers seven miles off. allowing that they can be heard half that distance, this would give a steamer plenty of time and space to keep clear of them. running in the night would, of course, be out of the question in any season. it appears to me, that there is as much real danger in beating through the palaware passage in november and december, which dozens of vessels do every year, as there possibly could be to a steamer in passing to and fro between port essington and sydney, at any season of the year, by king's inner passage. the weather in the palaware, during the months i have mentioned, is as thick and stormy as can well be imagined; and the reefs, shoals, and other perils of navigation are numerous enough. the best route for passengers proceeding to australia from suez, would be _viâ_ ceylon, whence a steamer would run down south-south-east to the fortieth parallel of south latitude in thirteen days, under steam: then she would get the prevailing strong westerly winds, which would take her under canvas to hobart town in ten or twelve days: let her stop two days there to take in coal and land passengers, and, in three days more, she would be in sydney. by this route, the passenger for sydney would find himself at his journey's end in sixty-three or sixty-five days from southampton, while the mail _viâ_ marseilles would be of four days shorter date. i have my doubts, indeed, whether new south wales is in a position to bear the expense of such a plan: it certainly could not be a profitable venture for years to come; and whether the colonists would be willing to be so much per annum out of pocket, in the meantime, remains to be seen. in describing port jackson, i omitted to notice the neighbouring harbour, called botany bay, originally discovered by captain cook, and subsequently abandoned for its rival. it is a noble and beautiful bay, entered through a gap in the cliff facing the pacific. this being much wider than that leading into port jackson, and the heads not overlapping each other in the least, botany bay is exposed to the fury of the easterly gales, which renders it, during their prevalence, an unsafe harbour. from its great width, i was induced to suppose that this evil might be obviated by ships seeking shelter behind the heads; but, on inquiry, i learned, that the depth of water does not admit of this: the water is shallow all round the bay, which compels vessels to anchor a considerable distance from the shore, and leaves them exposed to the eastward. in short, as a harbour, it will not bear comparison with port jackson. the name of botany bay was given to it from the very great variety and beauty of the native flowers found on its shores. i am not botanist enough to describe these flowers, but i noticed them with surprise and admiration. i saw nothing else, however, to attract any one to the neighbourhood: the soil is wretchedly poor, principally covered with scrub, and, with the exception of a few spots in the hollows, utterly valueless to the farmer. a few half-starved cows only, belonging to sydney families, and called the town herd, may be seen picking up the poor and scanty herbage. in this neighbourhood, the sydney hounds meet, and occasionally amuse their proprietors, by chasing a miserable "native dog" to death. the only buildings of any interest on the shores of this bay, are, the monument built by the french government to the memory of the unfortunate la perouse, and a solitary mill on the banks of a little stream that runs into it from the westward. how this mill is employed in such a lonely place, where no cultivation is to be seen, i cannot imagine, but should not wonder if a few pounds' weight of tobacco and gallons of spirits found their way into the colony hereabout, without benefiting the revenue. in april , i left the shores of australia, with my family, bound for batavia and singapore _viâ_ torres' straits. we had a fine run up the coast, and made the celebrated barrier reef on the morning of the fourteenth day after leaving sydney. we were fortunate in finding a magnificent entrance into the straits, in latitude ° ' south, and were fairly inside the barrier by nine a. m. this entrance, which is at least three miles wide, it is worth any ship's while to seek for: it may be known by two small rocks on the south side, as you enter, resembling hay-cocks in shape and size: we saw them three miles off, and they were the only objects visible above water, on the portion of the barrier within our view. from our entrance, we had a fine run, and found nothing to stop us for a minute (during daylight), till clear of booby island at the western end of the straits, which we passed at a. m. on the seventeenth day from sydney. these celebrated straits pick up and destroy some half a dozen ships annually, and are so much dreaded by underwriters, that they refuse to insure loaded vessels through them. from my own observation, and what i have heard from others who have passed through torres' straits on various occasions, it appears to me, that a great proportion of this loss of property arises from carelessness on the part of ship-masters. the current in the pacific ocean runs very strong to the north-west in the neighbourhood of the barrier; and this current is often forgotten or not sufficiently allowed for by ship-masters the night before they expect to make the reef. at sun-down, the night before we made it, we were eighty miles from it; we went under easy sail all night, and, from the distance _logged_ during the night, expected to make the reef at noon, having made all sail at daylight; instead of which, we came _suddenly_ on it at a. m., thus having been thrown four hours out of our reckoning since sun-set the night before. many ships, by not heaving-to at all, or not doing so in time, the night previous to making the reef, drift too far to the northward during the night, miss the passage they were endeavouring to make, and are compelled to run along the reef in search of another; for there is no getting back to the southward against wind and current. this neglect throws many a vessel up to the murray islands' passages, which are notoriously the most dangerous, and are now generally avoided by shipping. then there is hazy weather occasionally in those parts, even in the finest months: during its continuance, no vessel ought to approach the barrier, though many are imprudent enough to do so, and too frequently pay the penalty. in the barrier, there are many gaps, called "horse-shoes," which, in thick weather, look like real entrances, the breakers at the bottom of them not being visible from the ship. i have known many vessels lost by taking a horse-shoe for a real entrance in hazy weather. other vessels get wrecked from paying too little attention to the dangers that beset them, after getting safe through the barrier. there are small patches of reef here and there, in the middle of the many channels that run between the main reefs: these pick up many vessels that might be saved, were a careful look-out kept on board. i could give instances of losses happening in each of these ways; but the careless have suffered so severely from their neglect, that i would not hurt them by naming the ships. we had a fine run to batavia, where we arrived in thirty-one days from sydney. a sail from australia to any part of the malayan archipelago, during the south-east monsoon, is, perhaps, the pleasantest voyage a traveller could undertake: he has smooth water and a fair wind all the way, with a constant succession of magnificent scenery among the numerous islands of perpetual summer with which those seas are studded. i have heard many seamen talk lightly of the dangers of torres' straits and the barrier reef, and have known more than one of those over-confident gentry subsequently wrecked there. for my own part, i have a great awe of those dangers, and can vouch for some ship's crews having the same feeling. on our approach to the barrier, our crew, which consisted of as rattle-pated a set as sailors usually are, were doubly active, obeyed every order with alacrity, and so quietly, that the fall of a pin might have been heard at any part of the ship. some ships avoid entering the barrier towards sun-set: this precaution is unnecessary, if they are sure that the entrance they are approaching is a true one. although, outside the barrier, there are no soundings at a hundred fathoms, a ship is not twice her own length _inside_ it, before she is in good anchorage with eighteen to twenty-five fathoms water. there, she may drop her anchor, and ride in perfect safety till daylight enables her to pursue her course. were she to keep outside all night, the current would drift her to the northward, and compel her to seek a fresh entrance next day. the barrier reef extends from the coast of new holland to that of papua or new guinea, with numerous gaps or entrances in it, which appear to be kept open by the current that, for six months in the year, runs through them from the pacific to the indian seas, and in the contrary direction during the other six. notwithstanding this current, however, i think it extremely probable, that the industrious coral insect, whose labours never cease within the tropics, will, sooner or later, fill up the entire space, close torres' straits, and join those two mighty islands, between which the barrier reef, or, more properly, reefs, now stand like a line of gigantic stepping-stones. the gaps in the reef, in and about the ninth and tenth parallels of south latitude, are much narrower than those further south, some of them being not twenty yards wide; which looks as if, agreeably to my theory, the minute architect had commenced operations on the coast of papua, and was gradually working his way southward. what a magnificent line for a rail-road this reef will then make, with the boundless pacific on one side, and the reefs and islands of the straits on the other! what a splendid thoroughfare would this highway form to new guinea, new britain, new ireland, and the countless islands in their immediate vicinity! but i shall be thought to be looking _rather too far_ into futurity. on our passage from booby island to the java sea, we passed through the straits of alas, which run between the islands of lombak and sambawa. the scenery in these straits is very fine. on the left, you have lombak hill, feet high, sloping gradually from the peak to the sea, and covered with thick forest. on the right, is the coast of sambawa, exhibiting the most extraordinary collection of sugar-loaf hills i ever saw: they look as if they had been dropped there at random in a shower. the whole collection would hardly be seen on the top of lombak hill. half this island was laid completely waste in , by an eruption of one of its volcanic mountains: thousands of the inhabitants, with their cattle and poneys, were killed; and the effects are visible on the spot to this day. sambawa is celebrated for its race of poneys, which are certainly very fine, spirited little animals. hundreds of them are brought by the native boats every year to batavia and singapore, at both which places they meet with a ready market. chapter xv. china. description of macao--its mongrel population-- frequency of robberies--piracies--compradore system--papuan slave-trade--market of macao-- nuisances--sir henry pottinger's regulation defended--illiberal policy of the portuguese, and its result--boat-girls--beggars--picturesque scenery. i have referred, in a former chapter, to the occasion of my first visit to the celestial empire. my last visit took place shortly after sir henry pottinger had brought the chinese to terms, off the city of nankin, and before the treaty had been ratified by the sovereigns of both countries. my stay there was protracted till the ratification took place, the supplementary treaty published, and her majesty's consuls stationed at each of the five ports, with the exception of foo chow. i had thus an opportunity of witnessing the first start of the free trade; of which i shall have a few words to say hereafter. i shall now begin with macao. this once celebrated portuguese settlement is built on two small hills of a peninsula about thirty-five miles below the bocca tigris, or mouth of the canton river: it is irregularly built, the streets being very narrow and crooked, and, until very recently, badly paved with rough granite stones of all shapes, the corners generally pointing upwards, as if to teach the inhabitants to walk with caution. it possesses a healthy climate, though the summer is very hot, the thermometer ranging in the shade from ° to °. many of the houses occupied by the wealthier portion of the inhabitants, are large, airy, and convenient residences. since the war with china broke out, macao, which had greatly declined from its ancient importance, has thriven, and many of its citizens have become wealthy in consequence of the british trade to china being thrown by circumstances into its harbour. the local government have taken advantage of the times, to improve the town, to re-pave the streets, to build a new and handsome custom-house, and to make other improvements at john bull's expense. the portuguese inhabitants of macao amount to about five thousand, not two hundred of whom are of pure european blood. the general population are, with few exceptions, of a mongrel breed; a mixture of chinese, portuguese, and negroes, which it is difficult to describe. nine-tenths of them are very poor, but all of them are very proud, and fond of show and dress. it is quite amusing to see the pompous strut of the men on a sunday, as they walk to mass in their ill-made silk coats, with gold-headed sticks in hand. both men and women are the worst-favoured race i ever saw: their flat, unmeaning countenances, small, lacklustre eyes, strong, upright, black hair, resembling hogs' bristles more than aught else, and yellow skins, form a _tout ensemble_ any thing but pleasing. the men adopt the european fashions. the ladies wear the mantilla; and the women of the poorer classes wear a petticoat and small jacket, generally of british chintz, with a mantilla of coarser material. the very poorest of them may be seen, on sunday morning, going to mass in silk stockings. the wealthier portuguese reside in large and comfortable houses, but the lower orders inhabit wretched hovels, and suffer very severely from sickness, particularly the small-pox; a scourge that carried off, during the winter and spring of - , one thousand people,--just a fifth of the whole portuguese population. their habits are idle and dirty. i am not aware, indeed, of ever having seen a more filthy town than macao. no one seems to think that the streets were made for any other purpose than to serve as reservoirs for all the filth of the houses that line them. heaps of abominable rubbish are seen here and there, which would be still more numerous, were it not for the occasional heavy rains, which wash down the steep streets, and carry off the accumulated masses to the sea. a few days before christmas , the town underwent a general sweeping; an event that did not take place again till that time twelvemonth. the other inhabitants of macao are, chinese, negroes, and a few english and americans. the chinese here are nearly all of the lower orders, and, for the most part, are not over-scrupulous how they get their living: in proof of which i may mention, that four highway robberies, accompanied with violent assault, took place in the immediate neighbourhood, in open day, during the stay of six weeks which i made there in the autumn of . the shopkeepers and boatmen are all chinese; and among them may be found some as thorough-bred scoundrels as ever disgraced humanity. during the year , the following crimes were perpetrated by chinese in and about macao: they were clearly brought home to them, and, in all probability, do not form a tenth of what might with justice be laid to their charge:-- . mr. sharpe's _lorcha_ (trading-boat), on her voyage from macao to canton, was piratically attacked within ten miles of the former place, and plundered of her cargo of opium; mr. sharpe was murdered, and five of his crew; the rest, being chinese, were taken off by the pirates, (they subsequently proved to be their associates,) and the _lorcha_ was burned. . a _lorcha_ bound from hong kong to macao, manned by macao chinese, and loaded with spice and other valuable property, was carried off by her crew, (who murdered an english doctor on board,) the cargo plundered, and the vessel burned. . another _lorcha_, bound from macao to hong kong, with a general cargo and two passengers, was carried off in the same way, plundered, and then burned: the unfortunate passengers (two respectable young men; one an irishman, named clark, the other from shetland, a mr. clunis) were in like manner murdered. . a boat was sent off from macao with a box of treasure containing some , dollars, under the charge of a parsee clerk of the firm to whom the money belonged. they left the shore at two p. m., and the ship they were bound to was at anchor only five miles off. the non-appearance of the treasure which was expected on board, caused the captain to go on shore to make inquiries about five in the afternoon: his questions alarmed the parsee merchant, who had sent off the money and his clerk at two. strict inquiry was instituted, and the result was, the certainty that the poor man had been murdered and thrown overboard by the boat's crew, who made off with the money. . a boat was sent from a ship in the harbour called the _typa_, to one in the outer roads, to transship fourteen chests of opium: the crew consisted of four chinese and one lascar, with the second mate in charge. the opium was taken in, and the boat started on her return to the _typa_ about two p. m. when about half way between the two harbours, the four chinese suddenly dropped their oars, seized the mate and lascar, stunned them with the boat's tiller, and threw them overboard: their bodies were picked up next day, and gave the first intimation of their fate. two of the pirates were subsequently caught and executed; but the property, worth , dollars, was irretrievably lost. . a british merchant in macao sent an order off to his ship in the _typa_, to bring on shore, in the course of the day, a box containing dollars: the money was put into a boat belonging to the vessel at ten in the forenoon, and started for the inner harbour, about an hour's pull. she was attacked by a fast-pulling chinese boat, when about half way between the ship and the shore, and robbed of the dollars; but no violence was offered to the crew, who were china-men. when this money was being packed and put into the boat, some chinese sailors on board the ship were observed making signs as if to some one at a distance: no notice was taken of this circumstance at the time, though it was remarked upon when too late. i could enumerate other cases of a similar nature; but these six are sufficient for my present purpose. the chinese servants in the employ of europeans at macao, canton, and hong kong, are, without exception, the most consummate set of scamps it has ever been my fortune to encounter. their whole study from morning to night and from night to morning, is, how to cheat their masters. there is not an article put upon the table, that is not charged at four times its value. if you keep a cow, or even a dozen cows, not one drop of milk can you obtain, more than barely enough for daily use; and should any attempts be made to punish either the cowkeeper or the head servant for their villany, ten to one that your cows are poisoned before another week passes over your head. this state of things might be, in a great measure, put a stop to, were masters to pay more attention to their domestic affairs; but most of the european merchants of china, being men of wealth, and engaged in mercantile transactions of great importance, deem such matters beneath their notice; and thus, the system goes on to the serious loss and inconvenience of less wealthy men. i knew one instance in which a housekeeper by perseverance reduced his market-bill from dollars per month to dollars; but the consequence was, that his servants to a man left him: he could obtain no good ones in their place, and was ultimately obliged to give in. as a set-off against this crying evil, i may mention the practice which prevails, of the _compradore_ (or head servant) becoming security for those under him, and finding security on his own part to a certain amount, varying according to circumstances; so that, if any of the under-servants steal the plate or any other property of their master's, the _compradore_, as a matter of course, makes good its value. the negroes here, as in most other parts of the world where they are met with, are slaves, poorly fed, hard worked, and occasionally very severely flogged. every house in macao occupied by a man of any substance, has its slaves; and the government is a large slave-holder. all the porters at the custom-house and other public offices are slaves. these unfortunate creatures are brought from papua by portuguese vessels, which pay an annual visit to the settlements of their countrymen on the island of timor. how they are obtained from papua, i am not aware; but that some hundreds of them are carried to macao every season, and sold there, is a fact beyond contradiction. this abominable traffic received a check last season ( ) from the java government. it appears that a portuguese barque called the _margaretta_, the owner of which was a wealthy inhabitant of macao, sailed from timor for macao in the month of september, with some fifty slaves on board, _all children under ten years of age_. some accident compelled her to call at batavia for repairs, where her master reported the children as having been sent by the authorities at timor to macao, to be brought up in the roman-catholic faith. the suspicions of the dutch authorities were, however, awakened, and the proceedings of the portuguese ship-master were narrowly watched. a few days only had elapsed, when he was detected in endeavouring to sell two of the unfortunate infants to a chinese for guilders ( l.) each. this led to the examination of his bills of lading and other papers, when it was found, that the children had been regularly shipped and _manifested_ as slaves. the result was, the confiscation of ship and cargo, and the liberation of the young captives, who, i presume, (though i am not sure on the point,) were, as usual, apprenticed out as domestic servants to families in want of them. i gave the admiral on the china station full particulars of this event; and hope that he will cause a sharp look-out to be kept on the portuguese vessels returning from timor next autumn. the market of macao is well supplied with game, butchers' meat, pork, poultry, fruit, and vegetables: all these might be had on very reasonable terms, if the chinese seller were allowed his own way; but, before he reaches the market from his home, he is taxed and re-taxed by every petty rogue of a mandarin whose station he may happen to pass on his way. on reaching the market, he is taxed again, and is compelled to sell to the general dealer, who squeezes him to the last _cash_, and re-sells at an exorbitant profit to the englishman's _compradore_, who charges his master, on a moderate calculation, four times what he gave; so that, by the time the englishman's dinner is on his table, it costs him no trifle. game is plentiful only in winter, which sets in in november. wild ducks, teal, pheasants, partridges, snipe, with an occasional deer, are to be had, all fat and in prime order, at this season. the chinese bullock is a compact little animal, and, when fattened, yields remarkably good beef. macao, like all portuguese towns, is well stocked with priests; and were we to judge from the number of them who are seen parading the streets, as, also, from that of women constantly bending their steps church-ward, the inhabitants must be a very devout race. from seven in the morning till dusk, the streets are rarely free from church-going ladies; many of them followed by negro slaves carrying their kneeling-rugs and prayer-books. one of the greatest nuisances in macao is the perpetual ringing or tolling of church-bells, day and night: as soon as one stops, another begins; and the sleep-killing ding-dong is kept up at a rate that, in the warm nights of summer, is enough to drive a stranger frantic. every house has a watchman, who goes his rounds from eight in the evening till daylight next morning, and, every half hour, beats a hollow bamboo with a heavy stick, making noise enough to disturb the soundest sleeper. this keeping a watchman is neither more nor less than paying black-mail. any housekeeper who should seek to evade the imposition by doing without a guardian of the night, would infallibly be plundered in a week or two, the thieves being, most probably, conducted to his premises by some neighbour's watchman. the streets of macao being narrow, rough, crooked, and, in general, very steep, wheel-carriages of any description are entirely unknown. their place is supplied by sedan-chairs of chinese make, carried by chinese porters: these may be hired for a dollar per day, and are very convenient, either in wet or in extremely hot weather. the bearers, like those of their profession in england, are apt to impose upon strangers, who must be on their guard till they become acquainted with the ways of the place. macao is infested with loathsome beggars, who scruple not to expose their ulcerated legs, arms, &c. for the purpose of exciting the charitable feelings of the passer-by. they make a point of stopping at the door of any shop in which they see a european, whose ears they immediately assail with the most discordant noise, by beating a hollow bamboo with a stick; a mode of annoyance which the law of china allows, and which is carried on in macao; but, in the neighbouring british settlement, an entire stop has been put to it. this, they well know, will soon cause the shopkeeper to give them a _cash_[ ] or two, or his customer to leave the premises. in china, no native can turn a beggar from his door, till he has given him something in the shape of charity: the merest trifle, however, is sufficient to authorize the forcible expulsion of the applicant. i have seen as little as a tea-spoonful of rice given on such occasions, when the sulky and grumbling mendicant took his reluctant departure towards the next door, where he would, perhaps, meet similar treatment with a repetition of "curses not loud, but deep." [footnote : one thousand of these make a dollar, so that the value of one is less than a quarter of a farthing.] the portuguese of macao made a great ado on sir henry pottinger's declaring their settlement, in as far as british subjects were concerned, part of the dominions of the emperor of china: this, at first sight, appeared strange to many people besides the macao citizens, but, when the subject received due consideration, sir henry was found to be quite correct in the view he had taken of it. macao is _not_ a portuguese settlement, in the proper sense of that word, but only a territory leased to that power on certain terms, for which an annual tribute or rent is paid to this day. the chinese laws are in force here; their mandarins levy duties, and tax every article sold in its markets; its porters, boatmen, _compradores_, &c. require chinese licenses, but not portuguese: in short, the chinese are lords of the manor, and the portuguese are mere tenants, with leave to build forts, and to levy certain duties on the commerce of the place. looking at the matter in this light, every unprejudiced person must admit, that sir henry pottinger, in exercising the power vested in him by her majesty's government, and in framing regulations for the wholesome restraint of her majesty's subjects visiting china, (some of whom, it may be remarked, are troublesome and very unruly characters,) was perfectly right in including the peninsula of macao in the dominions of his celestial majesty. the portuguese were very indignant; at least, they pretended to be so; but it never would have done, to allow british subjects, fleeing from their creditors or from justice, to have an asylum where they could safely evade the laws of their own country, at a foreign station scarcely forty miles from the new british settlement of hong kong.[ ] [footnote : the present governor of hong kong, sir john davis, has gone even further than sir henry pottinger, and has given notice to the authorities at macao, that british subjects are no longer amenable to their laws. this is as it should be, and as it ought to have been a hundred years ago.] the trade of macao was of very little importance, and its revenues never paid its expenses, till the late chinese war broke out. circumstances then drove the british merchants from canton, and nearly the whole of them took up their abode in macao, where they continued till the portuguese government was called upon by the chinese to refuse them further protection. they were then compelled to seek shelter on board the shipping of their country, where many of them remained for nearly twelvemonths, till the course of events allowed of their returning to macao. their presence soon attracted hundreds of wealthy and respectable chinese dealers, and quadrupled the trade of the place, as well as its revenue; which enabled the portuguese governor to make a handsome remittance to lisbon, in place of drawing upon that city for some , dollars annually, as he had hitherto been in the constant practice of doing, to rebuild many of the public edifices, and to improve the town generally, while it added much to the wealth and comfort of almost every woman and child in the place. this was a piece of good fortune the portuguese of macao most certainly did not deserve, their system, as regards foreign commerce, being as illiberal as can well be imagined. during the time they were reaping this rich harvest from british trade, british subjects were not permitted to land or ship a single package of goods nor to have their names entered in the custom-house books. on the arrival of a ship with goods suited to the macao market, the english consignee was obliged to employ a portuguese citizen to enter and pass them through the custom-house, before a package could be landed. the duties, also, were exorbitant; and, strange as it may appear, they even taxed money, which could not be imported without paying one per cent. duty. i have elsewhere seen an _export_ duty put on treasure; but the macao government is the only one i ever knew to impose any restrictions on the importation of a commodity which most governments, as well as individuals, are generally anxious to receive, in unlimited quantity, without taxing those who bring it to them. no english vessel was allowed to enter their inner harbour: this privilege was reserved for spaniards and portuguese. on one occasion, a small british schooner of war was proceeding into this haven, her commander never imagining that the restriction put on the merchant vessels of his country could possibly extend to her britannic majesty's pennant: he was mistaken, however, and the first battery he came near, threatened to fire into him. the threat was of course disregarded, and the little schooner, in defiance of portuguese batteries, quietly pursued her way. how this state of things could be so long put up with by the british government, it is hard to understand. when one considers that portugal owes its very existence as a nation to england; that macao, on more than one occasion, was saved from the fury of a chinese army and rabble, during the late war, by british ships and men; that nine-tenths of the money that passes through its coffers, is english money; that portuguese citizens visiting the different ports of british india, are free to come and go, land and ship their goods in their own names, hold houses and other fixed property, and act in all respects as british subjects, and as seemeth most for their own interest; when, i say, these facts are considered, one is utterly at a loss to conceive why great britain should suffer her subjects to be cramped in their mercantile pursuits by so very insignificant a power as portugal. now that it is too late, the authorities of macao have discovered their error, and mended their manners, by opening the inner harbour to british shipping, by allowing british merchants to land and ship goods in their own names, and by lowering the duties on several articles of british manufacture. these changes, which would have been accepted as boons two years before, were adopted only when the portuguese found nearly every british merchant building warehouses and private dwellings in hong kong. had they been made prior to the commencement of those buildings, i have good reasons for supposing, that many of them never would have been begun, their proprietors having a great dislike to the new british settlement on account of its reputed unhealthiness,--a reputation, i am sorry to say, it has too well sustained. dozens of houses in macao are already vacant; dozens more will be so before another six months shall elapse; hundreds of families who have depended on their house-rent and on money earned in other ways from british subjects for their daily bread, will be reduced to want; many of them will and must emigrate to hong kong; and macao, with its streets of new houses, built in anticipation of the continued residence of foreign merchants, will sink into utter insignificance, and become as a place that has been, but is no more. its governor will again have to draw, for the means of paying the expenses of the place, on his royal mistress at lisbon, who will then reap the well-merited reward of an illiberal and short-sighted policy. if a passenger, on his arrival at macao, lands in the inner harbour, he has to pass his baggage through the portuguese custom-house, where it will be not only thoroughly examined, but also, very probably, plundered. a trunk of my own, which _i saw_ carried into this building along with several others, never came out again: its contents were valuable, and were much missed by my family. what became of them, i know not; but certain i am, that the custom-house authorities of macao made away with them. if the passenger chooses to land at the outer harbour, he encounters the _chinese_ custom-house, where he is charged so much for each package, in the shape of duty, and is allowed to pass on without bare-faced robbery. some sixteen years ago, this chinese custom-house was in the practice of levying a dollar per package on a passenger's luggage, a similar sum on his wife, and on every female child, while the boys passed free. this does not tell to the credit of chinese gallantry. things are altered now, however; and ladies with their daughters are permitted to land without let or hinderance. when a foreign vessel anchors in macao roads, (a very exposed anchorage by the way,) she is speedily visited by three or four _compradores'_ boats, which come out in search of employment, and with offers to supply the ship with fresh provisions, &c., during her stay. the _compradore_ is a very useful fellow, but, in nine cases out of ten, a great rogue, who scruples not to swell out his bill against the ship by various means the reverse of fair. they all speak broken english. in moderate weather, they go twenty or thirty miles out to sea in quest of inward-bound vessels. the first time i went to china, we were boarded by a _compradore's_ boat previously to making the land. a fresh breeze was blowing at the time, before which the ship was going eight knots an hour: this, however, did not prevent the chinese boatmen from dashing alongside in very smart style, hooking on by the fore-chains with their own rope, and disdaining the aid of a line thrown from the vessel to hang on by. mr. _compradore_ appeared on the poop, "_chin-chinning_," while we strangers were looking with admiration at the activity of his men in the boat. the captain engaged him to attend the ship, on which he immediately started for macao, and was alongside again by daylight next morning, with a most welcome supply of fresh beef, vegetables, &c. in the _compradore's_ boat, passengers can generally get a passage on shore, or, rather, to within a few hundred yards of the beach. the boatmen are afraid to approach nearer, on account of the mandarins, who are apt to _squeeze_ them, if they are seen landing foreigners. the remaining distance is usually got over in small _tancea_, or ferry-boats, numbers of which ply about macao in all directions, invariably guided by women, called, from their mode of life, "_tancea-girls_." poor things! they work hard for their daily bread, being constantly exposed to the sun in summer, and to cold in winter. they live in their boats, which, at night, are snugly covered up with a roof made of a bamboo frame, the interstices filled up with thick matting, and, in the whole course of their lives, never pass a night on shore. they are said to be of a peculiar race, and never intermarry with the real chinese, who look down upon them with contempt. the scenery round macao is striking, and some of the views are particularly so: that from the hill immediately behind the town, is perhaps the best. from this spot you have a bird's-eye view of the whole town, the beach, with its hundreds of large and small chinese boats, on your left; further on, in the same direction, macao roads with the foreign shipping; while, beyond these, the islands of lingting, lantow, and numerous others of smaller size, are seen in the distance: to the right, you catch an occasional glimpse of the numerous rivers and arms of the sea, with numbers of picturesque chinese boats gliding about, literally among the hills and dales; and, here and there, a chinese village is seen, with its little patch of cultivation, its herds of buffaloes and pigs, and countless groupes of little celestials. casting your eye along this view from north to south, you come to the harbour called "_typa_" in which there are generally some thirty or forty vessels at anchor, and which, though an arm of the sea, looks here like an inland lake. this view, on a clear day, would delight the painter, though it has one great deficiency, namely, the entire absence of trees. the hills in the neighbourhood, far and near, are completely bare. such is macao, a miserable, dirty, crowded town, rendered important for a while by its locality, but now fast sinking back into its native insignificance, owing to the gross stupidity of the portuguese authorities, more than to any other cause. proceed we now to the new british settlement of hong kong. chapter xvi. china. advantageous position of hong kong--the opium trade--importance of the station in the event of a fresh war--chusan--how to raise a revenue-- causes of alleged insalubrity--rapid progress of the settlement--portuguese penury-- markets--sanatory hints. having spent twelve months in hong kong, i will now endeavour to give an impartial sketch of its situation as to trade, its importance in the event of another chinese war, and of its climate, general appearance, and commercial progress. situated as this island is at the mouth of the canton river, and in the immediate neighbourhood of an immense trade, one can hardly question the prudence of the choice that fixed upon it for a british settlement. it has not yet (july ) been two years in our possession; and already its magnificent harbour is crowded with the ships of england, america, and other nations, while its warehouses on shore are filled with the manufactures of those countries, brought here direct from the places where they are produced, to be distributed to the different chinese ports recently opened to the commerce of the world by the arms of great britain. hundreds, nay, thousands of chinese boatmen, fishermen, porters, bricklayers, carpenters, blacksmiths, shoemakers, tailors, bakers, shopkeepers, &c., are already earning their bread here. since the ratification of sir henry pottinger's treaty, and the confirmation of the cession of the island as part and parcel of the dominions of queen victoria, many wealthy chinese merchants have been making arrangements for the establishment of branch-houses here; and more than one of them had, previously to my departure last march, chartered british ships, and despatched them to the northern ports, loaded with british goods. as a _dépôt_ for goods intended for the chinese market, i conceive the situation of hong kong to be unrivalled, and, in this single point of view, of great importance. on the arrival of a ship from london, liverpool, or glasgow, with a general cargo of british goods, the consignees unload them, and send the ship home again with tea or such other produce as they may have ready for her, storing and holding the goods in readiness for any opening that may present itself: such portion of them as may be suited for markets in the immediate vicinity, are either sold on the spot, or sent to canton, while the rest is shipped off in fast-sailing vessels, kept for the purpose of making sure of their voyage against the monsoon, to amoy, chusan, and other ports to the northward. great complaints used to be made at canton and macao, because goods could not be landed, unless they were sold, or the consignees chose to advance the duty, and let the articles lie till an opportunity of disposing of them occurred: in other words, the want of a bonding system was universally felt and complained of. the establishment of hong kong completely obviates this inconvenience, and enables the ship from great britain or elsewhere to dispose of her cargo in a few days after her arrival, and proceed home again, thus saving time, expense, and trouble to an incalculable extent. a decisive proof of the eligibility of hong kong as a place of trade, and of its importance in the eyes of the chinese themselves, is afforded by the immense sums paid by some of them for ground on which to build _hongs_, where they can deposit their goods with safety, beyond the reach of their grasping mandarins. this advantage to a china-man is something so new, and so far beyond any thing he ever dreamed of enjoying, that i conceive the benefits likely to accrue from it to hong kong to be incalculable. goods stored in canton or macao, the property of a china-man, were never safe in the event of their owner getting into trouble with the chinese authorities; and, if the property of foreigners, they could not be insured against fire, the risk arising from the universal carelessness of the chinese, and the consequent very frequent occurrence of extensive conflagrations, being considered too great by the under-writers. both these difficulties are completely obviated in hong kong; and every substantially built house and warehouse, together with the property in them, were insured against fire, previously to my quitting the island. one china-man had, in march last, completed buildings for the storage of property collected from the different ports on the coast, on which upwards of , dollars had been laid out; and what is more, they were already well filled. as a convenient and safe _dépôt_ for opium, (a trade, in my opinion, quite as legitimate and honourable as that in brandy, gin, and other spirits,) hong kong is admirably situated: the purchaser from the western ports, as well as from the northeastern, finds the distance he has to travel moderate, and, on his arrival, has no one to dread, no mandarin daring to shew his face on shore. the ships that bring the drug from india, here find a safe and commodious harbour, where they can unload their cargoes in open day, without hinderance or molestation, and where they are not driven to the necessity of carrying on their operations in the dark. were the opium-trade actually one of mere smuggling, i would be as ready as any one to condemn it, and to raise my voice against those concerned in it; but when one considers that not a hundredth part of the quantity sold annually is really smuggled,--that ninety-nine chests out of every hundred pay a heavy duty, (mis-called a bribe,)--that the chinese government derives from it indirectly, but not the less certainly, a very considerable revenue,--and finally, that large quantities of it are known to be consumed within the walls of the imperial palace at pekin,--i confess i see no reason for the clamorous indignation with which this traffic has of late been assailed by european moralists. i have said, that the chinese government derives a considerable revenue from the opium trade; and i will prove it. a mandarin who pays for his situation, and is left to make the most of it by squeezing the inhabitants of his district, will give a great deal more for an appointment where an extensive opium-trade is carried on, than he would for any other. knowing the handsome sums paid by the dealers in the drug, to "make mandarin shut eye," he hesitates not for a moment about paying his imperial master in proportion for the situation which puts him in the way of reaping so rich a harvest. what is more; his said imperial master knows perfectly well what makes the situations in certain districts so much coveted, and enables the parties to pay so high for them. away, then, with all the mawkish cant about corrupting the morals and ruining the health of the chinese by selling them poison! the chinese are just as capable of taking care of themselves as their would-be guardians are; and as for their morals, many of them lead lives that might be copied with advantage to themselves and families, by thousands of gin-drinking englishmen. china is decidedly an over-populated country. opium-smoking checks the increase, and thereby does good; a view of the question not altogether unworthy of attention. checking the increase of population in this way is, at all events, better than adopting the plan of drowning female infants; not an uncommon one in china. the importance of hong kong in the event of another chinese war, (an event, in the opinion of many, not very improbable,) cannot, i conceive, for a moment be doubted. should our merchants again be expelled from the ports of china, they will here find a safe asylum for their persons and property, while their ships may ride in the harbour under the protection of two or three of her majesty's ships in perfect security, in defiance of all the marine of china. here also her majesty's government may have _dépôts_ of military stores, provisions, coals, &c., all stored in perfect safety, in place of being kept, as they were during the late war, in transports hired at an enormous expense for the purpose. now that passages along the coast of china are made, even by sailing vessels, at all seasons of the year, in defiance of monsoons, a steamer sent from the seat of war (wherever it might be) to hong kong, would be sufficient, at any time, to procure ample supplies of money, ammunition, and other stores for the army, from india, if need be, in a few weeks. every one at all acquainted with the inconvenience and expense suffered by the late expedition for want of proper and regular supplies, will appreciate the value of the island in this point of view. what was it that carried off so many of the cameronians and royal irish stationed in chusan during the first expedition to the north? not the climate of that beautiful island, certainly; for the troops that have since occupied it, have been remarkably healthy; and i saw four hundred of them land at hong kong, _en route_ to england, much against their will, looking as rosy and stout as if they had just come from home! what occasioned the mortality among the troops, was, the want of a _dépôt_ from which they could obtain supplies to replace the putrid, ill-cured calcutta beef and other unwholesome stores that were served out to convalescents, who died by hundreds for want of nourishing food to restore their exhausted frames. the diseases from which those unfortunate soldiers suffered, were originally contracted from improper food and bad accommodation; and all this took place on a chinese island overrun with cattle, pigs, and poultry, and with the town of ting hae, deserted by nine-tenths of its inhabitants, under their feet. the commander-in-chief's over-scrupulous conscience would neither allow the cattle to be purchased, nor the empty houses in the town to be occupied by the sick and dying. no better stores were to be had nearer than calcutta,--a six months' trip to and fro! so bad were the beef and pork, that i afterwards saw hundreds of casks of both sold by public auction at singapore, for three quarters of a dollar ( s. - / d.) per cask. the meat was used for manure, and the barrels were used for firewood. the possession of hong kong will prevent the possible recurrence of any thing of this kind. i am not prepared to say that chusan would not have been a better situation for a military _dépôt_ than hong kong. her majesty's government, however, thought proper to prohibit the permanent occupation of the former, while that of the latter was sanctioned, so that we have now no choice. for mercantile purposes, the absolute and permanent possession of both these islands would have been highly advantageous. chusan, i have never had the good fortune to visit, but have invariably heard it spoken of as a delightful place, in a high state of cultivation, possessing an extensive commerce, with fine harbours, and, lastly, with a numerous population already made acquainted with the difference between living under a free and enlightened government and under that of a despot. these people (if one can credit even half of what one hears from them) are, one and all, anxious that great britain should retain their island, and seem to dread the day, now fast approaching, when, according to the treaty, it must be evacuated by the british, consigning them again to the tender mercies of the celestial mandarins. several english merchants have erected warehouses on chusan, in the hope that it will ultimately be retained by great britain, or that the chinese authorities will not object to their remaining on the island subsequently to its restoration to their imperial master. i hope that their expectations may not prove fallacious. hong kong is a free port, and, in my opinion, ought never to be otherwise than free. let its harbour be a refuge for the shipping of all nations, and its stores will then be filled with their goods. i would not encumber the commerce of this island with one single dollar of charges: no port-charges ought for a moment to be thought of; and, as for import and export duties, the most moderate charges of this kind would ruin the place. what brought singapore forward so rapidly, was, the entire freedom of its trade. if hong kong is but treated in the same way, its progress will be, if possible, still more rapid than that of its sister settlement. a revenue more than sufficient to remunerate government for the annual expenses of hong kong, may be raised on the spot, without hampering its commerce, by taxing the retail opium-trade, the retail spirit-trade, carriages and horses, licensed gambling-houses, rents from public markets, ground-rent on building and other lots, and an assessment on rents, say of five per cent. the revenue derived from such sources in singapore, is cheerfully paid, and it more than pays the expenses of the place. that all the houses in which opium is smoked, spirits are drunk, and gambling is carried on, should be under a strict surveillance, is absolutely necessary. to check either the one or the other, is impossible; and, as they are legitimate objects for taxation, i see no reason why government should not derive benefit from them. the opium-smoker and the rum-drinker pay as much for the indulgence of their appetites, under existing circumstances, as they would do, were the privilege of supplying them farmed out to individuals, who would be responsible to the authorities for the good conduct of their establishments. i should advocate the suppression of gambling-houses _in toto_, did i not know the utter impossibility of effecting this among either a chinese or a malay population. as their existence, then, must be tolerated, and as they are, to my certain knowledge, the scene of robbery and murder, much more frequently than persons unacquainted with the criminal calendars in our asiatic courts of justice suppose, i say, let them be registered, taxed, and made subject to the visits of the police at any hour of the night or day. by the means i have pointed out, a revenue amply sufficient for the purposes of the hong kong government might be raised; and i should have no hesitation in undertaking to defray every fraction of its expenditure, had i the privilege of farming the opium-tax and the spirit-tax. of the climate of hong kong, i have little that is favourable to report. hitherto, it has been decidedly inimical to the european constitution; and hundreds of our countrymen are already buried there. last summer ( ), from the first of august till the end of october, a very malignant fever raged among all ranks, and carried off soldiers, sailors, government servants, mercantile men, and tradesmen. there were some peculiarities attendant upon this fever, however, which i shall mention, in the hope that my observations may lead future residents to be a little more careful of their health, than most of the present inhabitants have shewn themselves to be. in the first place, then, the fever, with few exceptions, was limited to particular localities. secondly, not one european female died of it, and only two suffered from it severely. thirdly, those who occupied spacious _upper-roomed_, well-aired houses, almost to a man escaped. fourthly, those who exposed themselves to the sun, suffered most. and, lastly, the new comer from europe was more subject to take this terrible fever, which the medical men characterize as a mixture of the yellow fever of the west and the bilious fever of the east indies. a stranger landing in hong kong, particularly if coming from many parts of india, and acquainted generally with tropical countries and climates, would naturally, on hearing of its insalubrious climate, express surprise, since he could see no exciting cause. i have stated, that the fever attached itself to particular localities. these were, the eastern and western extremes of the town of victoria. at the eastern end, to the eye the most delightful spot in or near the town, there are several patches of paddy-fields, situated in deep valleys between the hills, of limited extent, but which, under this climate, seem to generate malaria in quantities quite disproportionate to their size. in the morning, these valleys may be seen, from the middle of the town, completely filled with a dense fog, which rolls down from the neighbouring heights immediately after sun-set, settles upon them all night, and does not clear off till nine or ten o'clock in the morning. i know of no other reason why this neighbourhood should be unhealthy: that it proved so last summer, the number of its victims sufficiently testify. of six gentlemen who took up their quarters here, five died; and the other had a very severe attack of fever, from which he ultimately recovered.[ ] [footnote : since these remarks were penned, another summer has passed over hong kong. sickness and death have again prevailed there to an unusual extent, and the neighbourhood just mentioned had its victims; amongst others, two english ladies whose husbands i had cautioned, in march , respecting the spot they were taking their families to reside upon. the last mail from the east continues the outcry against the climate.] the land at the western extremity of the town is swampy, the grass, even on the declivities, being of a rank, spongy nature, and quite unfit for any thing. here the government built barracks, in which a detachment of her majesty's th regiment was for some time quartered: its ranks were decimated by fever, which latterly became so virulent, that the authorities chartered shipping in the harbour, to receive the men still alive. unfortunately, the poor fellows, being weakened from the effects of the summer, and having in all probability the seeds of disease in them before they embarked, died afloat in great numbers. it has been thought, that many lives might have been saved at west point barracks, had that building been raised off the ground so as to admit a free circulation of air _under_ the rooms. this, however, is but problematical, as the deaths at the other end of the town took place in two-storied houses. from what i observed at west point, there appears to be a constant drain of water down the hills, about six inches under the surface of the soil. this water settles under improperly ventilated houses, rots the beams, and _throws up a crop of mildew in every room_, as i can testify from actual observation. that no european female has fallen a victim to this fever, is certainly a remarkable feature in its history; but it must be borne in mind, that there were no ladies residing in the immediate neighbourhood of the two localities just mentioned. perhaps, the morrison education hill may be an exception, where two families passed last summer. none of the females suffered a day's illness, though a young man living in the house, who was occasionally exposed to the sun, caught the fever and died. i have no doubt, (and i have heard others express a similar opinion,) that regular habits and non-exposure to the sun, are the principal causes to which those europeans who have escaped illness when their friends and neighbours have sickened round them, owe their preservation. the occupants of spacious, two-storied, well-aired houses escaped, with only a single exception, in the case of a young man who probably brought on his illness by imprudent exposure to the sun for hours together, although he was repeatedly warned of the consequences. i know several instances of families passing last summer in houses of this description without any interruption of health. my own household was composed of two ladies, three children, myself, and a european female attendant: not one of us had an hour's illness during all the hot weather; yet we took no further care of ourselves than is customary with people who have resided for several years within the tropics. that exposure to the sun in that zone is uniformly prejudicial to the health of europeans, does not admit of a question; but, in china, the sun's rays seem to exert a more injurious effect than in most other places i have visited. the residents in hong kong, it is true, were somewhat careless in the matter. few, if any of them were provided with carriages or other conveyance to protect them from it when business called them abroad during the day; and it was quite common to see them moving about, on foot and on horseback, with no other precaution than an umbrella carried over the head, in spite of the daily examples of parties suffering from such imprudence. the number of european inhabitants in hong kong will this summer ( ) be trebled by the removal of most of the merchants from macao; and the general health of the place will be anxiously watched. should it prove as bad as last summer, (which god forbid,) it will drive many people away, and injure the settlement irreparably. the prejudicial effects of going into the sun might be avoided, almost entirely, even by men of business, were they to adopt the calcutta system of note-writing. there, a merchant seldom or never moves from his office; and when he does, it is in a covered vehicle. let the hong kong residents follow their example, and their numbers will not be thinned as they have hitherto been. that the european fresh from home, full-blooded, and in robust health, should be more liable to fever than his acclimated countrymen, is not to be wondered at; but many of the new comers might escape disease by common prudence. confident in their strength of constitution, and wearied with a long confinement on ship-board, they sally forth, day by day, to take a walk, just as they would in england, heedless of the fierce luminary that is pouring his rays on their exposed heads, and bent only on amusement or variety. a week of such folly (to call it by no stronger name) has sufficed to bring many a youth to a premature grave. the weather begins to grow warm in china (i speak of hong kong, macao, and canton) about the middle of april; in june, it is oppressively hot; and during the following three months, which are the most unhealthy, the thermometer in the shade ranges from ° to °. this is a degree of heat that ought not to be much felt by experienced indians; and in java, or in the straits of malacca, i should not complain of it; but there is a peculiarity, an oppressiveness, in the heat of china, that makes even respiration difficult, and excites such copious perspiration as to weaken the frame. in october, the weather becomes cooler, and, for the next five months, is sufficiently cold to render fires a comfort morning and evening; and occasionally during the whole day. were it not for their winter, i know not what would become of the european residents in china: this season braces them up for the coming summer, and, in short, saves their lives. the progress made in hong kong since its occupation as a british colony, is astonishing, and perhaps unsurpassed in the history of civilization. owing to the peculiar features of the locality in which victoria stands, that town has been extended along the beach, till it is now upward of four miles long, with three short streets extending a little way up the hills about its centre. the queen's road extends along the beach the whole of this length, and has been cut with great labour and expense. the lots between this road and low-water mark are considered as the best for mercantile purposes, and are nearly all in the possession of mercantile men, who have built, in most cases, handsome warehouses with dwelling-houses above. there are, however, some exceptions, a portion of the ground being occupied by chinese shopkeepers, who inhabit low ill-built houses, which, as ground with water-frontage becomes more valuable, will have to give way to better buildings, raised by a higher class, who will buy out the present occupants. the lots on the south side of queen's road are not so valuable as those opposite; nevertheless, they are nearly all in the possession of monied men, who will before long find it to their advantage to level the many wretched buildings that now disfigure the road, and to erect houses worthy of a town bearing the royal name. on my departure from the island, building was going forward in all directions, notwithstanding the somewhat illiberal terms on which alone lots were obtainable; and i have no doubt that, by this time, many smiling cottages adorn the hills in and near the town, while more stately buildings rear their prouder elevation on the level below. house-rent, as might be expected, is very high, and will probably continue so for ten years to come. it took that time to reduce the rents in singapore; and as i expect that hong kong will become a place of still greater trade, and attract a larger european population than the straits' settlement, i see no reason that the owner of property in houses there should not look for a handsome return for his outlay for ten years, and for a fair remunerating price at the expiration of that time. something like a hundred per cent. per annum has been got for the small houses occupied by chinese shopkeepers, while twenty-five, thirty, and even forty per cent. is a common return for substantially-built warehouses. some idea of the rapid progress which this settlement has made, may be formed by the reader, when i state, that one firm had laid out upwards of , l. sterling in building, and was still laying out more, when i quitted it. this is, certainly, by far the largest expenditure that has been made by any single establishment: but many others have spent from l. to , l. in a similar way; and the outlay by individuals on speculation, is by no means inconsiderable. the chinese population of victoria and the neighbourhood amounted, last january, to ten thousand souls; certainly not the choicest collection that could be wished, as the number of robberies that take place in and about the town sufficiently testify. this evil the magistrates were, however, doing their best to remedy; and some scores of idle vagabonds had been sent across the channel dividing the island from the main land of china. some of the chiefs of the robber-gangs had been apprehended and set to work on the roads, in irons; a proceeding that alarmed their confederates not a little.[ ] [footnote : an account of the capture of two of these scamps was given to me by the chief magistrate, the day before i left victoria, and was to the following effect:--a china-man in the pay of the police, though never seen by any magistrate, came to the police compradore's house one evening, and said: "if you will send two european constables to a certain spot (which he named) at nine o'clock to night, i will shew them where they will find two robber-chiefs smoking opium and looking over their gains." this hint was immediately communicated to the chief magistrate, who at once resolved to act upon it, and sent the constables to the spot indicated. there, the spy met them, masked, and made signs for them to be silent and follow him. he guided them down past west point upwards of a mile, when he turned up the hill by a footpath, which, in half an hour, brought the party to a small hut, through the crevices in the wall of which a light was visible. to the door of this hut, the guide significantly pointed, and instantly disappeared without uttering a word. the constables took the hint, and burst the door open, when they found what they had been led to expect; two men smoking opium, the room almost full of european clothing and other stolen property, quite sufficient to convict the smokers of unfair play towards the late owners of it. these men were of course secured; and the day i sailed from hong kong, i saw them at work on the roads in irons. their apprehension caused a complete cessation of robberies for the time being, the sight of the noted chiefs on the roads having terrified their followers.] the general appearance of hong kong, from the sea, is picturesque and curious. that part of the island on which the town is situated, is hilly, and, with the exception of the few paddy-fields already mentioned, presents no level space on which to build. the hills stretch completely down to the sea; and queen's road has been formed by cutting away their projecting spurs, throwing the earth into the sea in front, filling up the gaps on each side the spur, and thus forming a long strip of level. above the level of queen's road, many terraces have been cut in the hills, upon which private dwellings have been perched; and to a person sailing into the harbour, these look suspended on the hill side, and inaccessible. to speak the truth, the approaches to them are not the most practicable; particularly in rainy weather, when, from the clayey nature of the soil, they become extremely slippery. several water-courses descend from these hills, forming miniature ravines and a few water-falls, which have a pretty effect after a day's rain. they occasionally wash away an ill-built house; but this is the fault of the clumsy and foolish builders. many of these hills are covered with a hard, tough, useless sort of whinstone, which adds considerably to the expense of building on them. others are well stocked with granite, which the chinese masons split very neatly into any shape, by driving innumerable wedges into the blocks. the adroitness with which they do this, is quite surprising. the china pine (or fir) grows all over hong kong; but the young trees no sooner attain the height of two or three feet, than they are cut down by the natives, and carried off in bundles to clean the bottoms of the countless boats that ply about the harbour. thus, with one or two exceptions, these hills are quite bare, and, in winter more particularly, exhibit any thing but a lively spectacle. in summer, their green covering of coarse grass improves their appearance. the only thing that reconciles one to the site chosen for building the town of victoria, is its beautiful harbour: in every other respect, the choice was decidedly bad. a more awkward place on which to erect a town, could not have been fixed upon; and its northern aspect adds, i suspect, to the unhealthiness of the place, as it exposes the town to the cold winds of winter, and completely shuts out the southerly breezes of summer, which are so much wanted to refresh the worn-out colonist there are situations in the island much more eligible for a town, but their harbours are exposed, so that, when we consider how well the shipping are protected in victoria bay, we feel disposed to allow that a better choice could not have been made under all the circumstances. the market of hong kong is well supplied with fish, flesh, and fowl, vegetables, fruit, and game; and those who choose to take the trouble of seeing to it themselves, may obtain supplies on reasonable terms: those who leave these matters to their servants, are of course robbed, and are apt, without making any inquiry, to come to the conclusion, that every thing here is dear. the retail price of every sort of provisions is pasted up on the market-gate, once a week, by authority of the magistrates, in chinese and english characters; so that the exorbitant rates charged by _compradores_ may be easily detected and put a stop to. chinese boats of all descriptions, sizes, and sorts may be hired at every wharf, at any hour from daylight till eight at night: their moving about after that hour, is prohibited by the authorities, who had strong reason to suspect their being connected with the gangs of robbers that occasionally land from the opposite shore, commit some daring robbery, and disappear again before daylight. when the fleet of men of war and transports arrived here, from the north, in october , the troops, amounting to upwards of fifteen thousand, were regularly supplied, during their stay in the harbour of victoria, with fresh provisions, eggs, &c.; and no rise of prices took place. on the departure of the fleet, the daily supply was reduced by the chinese to just sufficient for the consumption of the place. no portion of the supplies for the market is produced on the island: the whole is brought from the innumerable creek and river-banks in the neighbourhood. it is to be hoped that this state of things will, before long, be altered, since, as matters now stand, the cow loon authorities could, at any time, deprive the inhabitants of hong kong of their daily bread. american, french, and english missionaries are already congregated in this infant settlement. the first have built a neat little chapel, where divine service is performed every sunday morning in the presbyterian form, and, in the evening, in chinese. the french roman catholics have built a stately and handsome chapel with a good dwelling-house attached to it: they have a large congregation among the irish soldiery and the portuguese from macao. the english missionaries had only just arrived with their establishment from malacca, and, when i left the island, had neither house nor chapel, but had commenced building. a chaplain of the church of england had arrived, appointed by the home government: no english church, however, had even been commenced, and the congregation meet every sunday in a neat house, where, if they escape fever during the summer, and colds and ague during the winter, they ought to deem themselves very fortunate. grog-shops and other resorts for the depraved and idle, are already plentiful in victoria. they are, however, all closed on sunday; and the sailor ashore, on liberty on that day, is fain to content himself with a walk along the road, during which he may be heard muttering deep curses on the heads of those who framed this (according to his notion) unjust and tyrannical regulation. before concluding my remarks on hong kong, i will add a few words on what i consider as the best means to be adopted with a view to render the settlement more healthy. much must be done by the government; and the rest may be left to the inhabitants themselves. in the first place, the paddy-fields at the east end of the town must be thoroughly drained, and the cultivation of paddy in the neighbourhood entirely stopped. proclamations on this last subject had been published in march last. that the draining of these lands would decrease the quantity of malaria generated in the valleys, there can be no doubt; but, that it would entirely do away with it, i deem very problematical. at all events, it would not stop the volumes of fog that descend from the hill-tops at sun-set, and completely envelop the valleys and the houses. draining, indeed, would do good, and ought to be tried at once. the owners of property in the neighbourhood were very sanguine as to the result of the experiment. more good, however, would be done in the way of purifying the air of these valleys, by entirely removing the small hill on which the morrison education buildings stand. the task, at first sight, may seem herculean; but is not so in reality. thousands of men are to be hired in the villages on the opposite coast, who would gladly work for three dollars ( s. d.) per month. were a couple of thousand of these put upon this job for a twelvemonth, there would not be much of the hill left. the pecuniary outlay would be considerable; but the returns would do much more than pay the interest on it. the base of the hill itself is of considerable extent; and the earth carried from its top, if thrown into the sea at its foot, would create a large level space for building, that would yield quit-rent enough to render the speculation (were the work undertaken by private individuals) a highly profitable one. this hill completely shuts up the largest of the paddy-growing valleys; and its removal would admit into it the easterly and northerly breezes, which might do more than any thing else towards preventing the descent of the fog. there are other hills, near the one alluded to, that might be levelled with great advantage to the neighbourhood, as well as to the parties who might undertake the task. in this case, there are individuals ready to execute the work on their own private account, who actually made offers to the government on the subject; but their terms were rejected by the authorities, and the hills remain in _statu quo_. the sea being very shallow at the base of these hills, the space filled up by cutting them down, would be very considerable, and the task by no means difficult. sir stamford raffles removed one at singapore, in size equal to the one known in hong kong as leighton's hill, without incurring a shilling of expense to his government. to the parties who removed the soil, he gave the ground they had made, charging them the same quit-rent that others paid on the grants made to them. at west point, draining seems to be the only plan that can be recommended to render the situation more salubrious. neither there nor any where else in the colony, is it safe to reside in houses having only a ground-floor. of those who have done so, few have escaped the fever; and still fewer of those who caught it, recovered. draining upon a large scale, is the part of the work i would leave to the government: upon the inhabitants, i would impose the task of making proper sewers all over the town. the few that existed there last summer, were not simply a disgrace to every person connected with the place, but tended in no small degree to thin the population by the abominable effluvia they threw out. in the immediate vicinity of every house or shop belonging to the chinese, might be seen a collection of impurities sufficient to create a pestilence anywhere, much more in a place with the thermometer frequently above ° in the shade. the assessment of five per cent. on all rents, would create a fund sufficient to purify the town, to keep it clean, to provide a regular scavengers' establishment, and, moreover, to pay night watchmen to protect the property of its inhabitants from the gangs of robbers that infest the place. were these suggestions carried out, if the citizens of victoria were but careful to avoid the sun, and if not a few would but reduce by one-half their allowance of brandy-and-water and cigars, i will venture to predict, that the medical men of the place would have a comparative sinecure. among other arrivals in hong kong during the year , were some fifty or sixty emigrants from sydney, (n. s. wales,) consisting of mechanics of different descriptions. they alleged, that the bad times in australia had driven them away. poor fellows! i fear they have made a sad mistake in the change they have sought. here, they will find times, for persons of their class, worse than those they have had to complain of, a climate to contend against, from which they have not the means of protecting themselves, and hundreds of chinese artisans, who can afford to work for less than half what they can live upon. most of them were badly housed; and it was to be feared, that the end of summer will see very many of their number in their graves. the colonists of new south wales appear to hare formed the most extravagant ideas of the benefit they are to derive from the new settlement of hong kong. with the exception of salt provisions, i know of nothing they can send to the new settlement with even a chance of profit; and the prices of these must be lower than those ruling in sydney by the last accounts, to yield a profit. some small lots of timber have been found to answer; but the demand for this article will cease, when the buildings now in progress in victoria shall have been completed. cattle, horses, and sheep have been tried, and the experiment has proved an utter failure. chapter xvii. china. first view of canton--description of the european quarter--hostile feelings of the people--commercial prospects of canton--amoy--foo chow--ningpo-- shang-hae--mr. medhurst--results of the treaty with china. the sail from hong kong to canton is very interesting, particularly to a stranger. the numerous islands he passes, and the entirely new scenes that everywhere attract his eye, cannot fail to delight and amuse him. here, the unwieldy chinese junk; there, the fast-sailing chinese passage-boat; now and then, the long snake-like opium-smuggler with his fifty oars; innumerable fishing-boats, all in pairs, with a drag-net extended from the one to the other; country boats of all descriptions passing to and fro, their crews all bent on money-getting, yet, never failing to cast a glance of mingled contempt and scorn at the "_fan qui_"; the duck-boats on the river banks, their numerous tenants feeding in the adjacent rice-fields; a succession of little chinese villages, with groupes of young celestials staring at him with never-ending wonder; here and there, a tall pagoda rearing its lofty head high above the surrounding scenery, as if conscious of its great antiquity and of the sacred objects for which it was built; the chinese husbandman with his one-handed plough, drawn by a single wild-looking buffalo; smiling cottages, surrounded with orange and other fruit-trees; the immense fleet of foreign ships anchored at whampoa;--these and a thousand other objects, all equally strange and new, attract the attention of the stranger as he sails up the "quang tung" river. on nearing the city itself, he is still more astonished and pleased with the sights that literally confuse his ideas, making the whole scene to seem the creation of magic, rather than sober reality. here, the river is absolutely crowded with junks and boats of all sorts and sizes, from the ferry-boat of six feet long, to the ferry-boat of a thousand tons burthen. long rows of houses, inhabited principally by boat-builders and others connected with maritime affairs, and built on the river, line its right bank. outside of these, are moored numerous flat-bottomed boats with high roofs: these come from the interior with tea and other produce, and resemble what i fancy noah's ark must have been, more than any thing i have seen elsewhere. on the left bank, the shore is lined with boats unloading and loading cargoes, while the different landing-places are completely blocked up with ferry-boats seeking employment. the space in the centre of the river, is continually crowded with boats, junks, &c. proceeding up and down. the scene altogether is bewildering to the stranger. busy as the scene is, which the thames presents at london, its superior regularity and order, in my opinion, prevent its coming up to the scene i have just faintly traced, in the strange and excited feelings it calls up. amidst all this, there is a constant clatter of tongues strongly recalling the confusion of babel. a china-man never talks below his breath; and, if one may judge from the loud tones in which the whole community express their sentiments, whether in a house or shop or in the street, the only conclusion that can be come to is, that, in china, the word secret is not understood, or rather, that the idea corresponding to that word has no existence in their conceptions. of the immense city itself, the home of a million of souls, what account can a traveller give, who has seen little more of it than the portion inhabited by foreigners? i must say a few words, however, about that part of it which i have seen. i begin with the foreign factories. these buildings stretch along the left bank of the river about three quarters of a mile, (or, rather, they did so, for one half of them have recently been destroyed by fire,) and extend back about two hundred yards. they are large, substantially built, and comfortable houses; but those situated behind the front row, must be (indeed i know they are) oppressively hot residences in the summer season. the space between the factories and the river, is reserved for a promenade, where foreigners may take a little recreation after their day's work. although but a limited space, it is invaluable. here, in the evening, may be seen englishmen, americans, frenchmen, spaniards, dutchmen, portuguese, parsees, moslem, and hindoos; all enjoying the evening breeze, and talking over the affairs of the day or the news brought by the last overland mail, while a crowd of chinese coolies surround the square, gaping with noisy wonder at the strangers attired in all the costumes of europe and asia. the streets principally resorted to by foreigners are, china street (old and new) and carpenter's square. in the former, a very choice collection of chinese articles may be purchased, either in the way of curiosities or of valuable merchandize. in carpenter's square, the new-comer may fit himself out with everlasting trunks, dressing-cases, &c.; or, if in search of furniture, he may here, in half an hour, furnish his house with well-made, substantial articles. the houses in these streets are all of two stories, with very narrow frontage, ground being valuable. a large quantity of timber is used in their construction, which renders any chance fire in this city so very destructive. the streets in canton are all very narrow, most of those i have seen not exceeding six or seven feet in width: the two china streets are probably twelve feet wide. the city does not cover half the space which a european one with the same population would do. its streets, from their want of breadth, always appear, and indeed always are crowded; and the unwary passenger is very liable to get knocked down by some heavily laden porter running against him, if he does not keep a sharp look-out. like macao, it is infested with loathsome beggars, who are, if possible, still more clamorous in their demands for charity than those of that place. here, the stranger will be surprised to see dogs, cats, and rats hawked about, dead and alive. i do not say that these animals form the daily food of the people of canton, but they are daily and hourly hawked about its streets, and purchased by the poorer classes. the canton market is, nevertheless, remarkably well supplied with the good things of this life; and the european who cannot live and be contented with the provisions procurable in it, must be hard to please. by nine o'clock at night, this huge city is perfectly quiet, and nine-tenths of its inhabitants are wrapped in sleep. at either end of each street is a gate, which is shut at that hour, and ingress or egress put a stop to for the night. this regulation, as may be supposed, is an excellent check upon night robbers, whose peregrinations can extend no further than the end of the street they live in. another equally salutary regulation is that which makes the inhabitants of a street responsible for each other's good conduct. thus, if a's servant steals any thing from b, a must make good the loss. prowling being put a stop to during the night, i have seen robberies attempted and detected during the day; and i certainly never saw a poor thief treated elsewhere with such unrelenting cruelty. a china-man seems to have no mercy for a thief; nor is this feeling to be wondered at in an over-peopled country, where all have to work for their bread, and where idlers are sure to starve. during the winter, in canton, the lower classes suffer severely from cold: they are poorly fed and worse clothed: and hundreds of them may be seen about the streets, shivering and looking the very picture of absolute wretchedness. amongst these, a few old women may be seen sitting by the side of the streets, earning a scanty subsistence by mending and patching the clothes of people as poor as themselves. these poor women, having all undergone the barbarous operation of cramping the feet during infancy, are consequently unable to undertake any thing but sedentary employment to gain their bread. the very small size to which the feet of some of the chinese females have been distorted by cramping them with bandages during the first six years of their lives, is almost beyond belief. i have seen a full-grown woman wearing shoes, and walking in them too, not more than - / inches long. their walk resembles that of a timid boy upon ice; it is necessarily slow; and, indeed, some of them require the aid of a staff in one hand, while they lean with the other on the shoulder of a female attendant. the smaller the eyes and feet of a chinese beauty, the more she is admired. i once asked a respectable china-man, what he thought of this custom of cramping their daughters' feet: his reply was, "very bad custom." on my inquiring further, whether he had any daughters, and whether their feet were treated in the same way, he answered in the affirmative, but asserted, that they had been subjected to the cruel ordeal by their mother, against his will. he added, that, in a china-man's house, where there were young girls, no peace could be had, night or day, for their cries, which lasted till they were six years old. he gave us a reason for the mother's insisting on her daughter's submitting to this long course of pain and suffering:--"suppose _he_ no small foot, no man wantjee make _he_ number one wife." a respectable china-man, it appears, always chooses a small-footed woman for his principal wife, while, for number two, three, and four, he contents himself with ladies whose feet are as nature made them, and who are consequently more able to make themselves useful in household matters. the inhabitants of canton and its vicinity have displayed, since the war, more hostile feelings towards englishmen, than those entertained by the natives of any of the northern ports. they still affect to believe, that sir hugh gough durst not attack their city; and it is, perhaps, to be regretted, that he was hindered from shewing his strength on that occasion. several riots and two extensive fires among the foreign factories, have taken place since that time; and it is the opinion of many persons, that, before long, canton will require a lesson such as amoy, ning-po, and other places have received. that the first of the two fires alluded to was the work of incendiaries, there is no doubt; and so well satisfied were the native authorities upon this point, that they made good the losses sustained by foreigners on the occasion. the proposal to grant land to foreigners in the neighbourhood of canton, for the site of country residences, met with so energetic opposition from the natives, that the authorities did not venture to carry the plan into execution. inflammatory placards were posted all over the city, calling upon the people to protect their ancient rights, and threatening extermination to foreigners, and to the local authorities themselves, in the event of their complying with the petition. it is probable, that the wealthy men and others connected with the commerce of canton, felt that the arrangements then pending between her majesty's government and that of their imperial master regarding the commerce of the two countries, would, if completed, affect their old privileges and monopoly; and that they adopted the measures above-mentioned in order to shew their displeasure. that their commerce will suffer in consequence of the arrangements since brought to an amicable conclusion, there can be no doubt; but it is not less certain, that canton will continue to be the centre of an extensive trade. its merchants must be content with a share of the loaf, in place of monopolizing, as heretofore, the whole. the days of hong merchants and monopoly are at an end; and the benefits derived from free-trade will shortly convince all but those connected with the late hongs, that the changes recently effected in the relations of the celestial empire with other countries, are not deserving of the abuse that has been so abundantly lavished on them. the far-famed bogue forts, i observed, in passing up the river last march, to be rebuilt in the same clumsy style as that of the fortifications which sir gordon bremmer knocked down. as a means of defending the river against any thing but chinese junks, they are utterly useless; and one cannot help feeling surprised that so intelligent a people as the chinese did not take a lesson from the perfect ease with which their forts were razed to the ground, and build their new ones on a better plan. the scenery at the bogue is very pretty; and the forts, if of no other advantage, form a picturesque feature, viewed while sailing past them. not having visited amoy, foo chow, ning-po, chusan, or shang-hae, i am unable to give any description of those places. i can, however, state what i have heard about them, and give the mercantile reader some idea of their importance as places of trade. short as is the time that these ports have been open to the commerce of britain and other foreign nations, many cargoes of indian cotton, different sorts of produce from singapore and the islands of the malayan archipelago, manufactured goods, consisting of woollens, gray and white shirtings, chintz, &c., from manchester and glasgow, have been advantageously disposed of at one or another of them. amoy has taken off several cargoes of bengal and bombay cotton, at prices considerably higher than those ruling at canton. this branch of trade is likely to increase, and is one that will interfere with canton to a considerable extent. as a residence, however, this place has a bad character in point of healthiness: at least, the troops, both european and indian, suffered severely there from fever. they were stationed on the island of koo loong soo, which is said to be more healthy than amoy itself. none of our merchants had visited foo chow, up to the time of my departure from china; nor had a consul been sent there; but this has, i presume, since taken place. the city has been described to me as large and populous, and the seat of a very extensive trade. it escaped the ravages of the late war; and its inhabitants may probably entertain a similar idea to that which possesses the people of canton; namely, that we were afraid to attack them. whether this notion will lead them to give europeans an indifferent reception, or not, remains to be seen. let us hope that they will act wisely in the matter, and not bring down vengeance on their own heads. sir william parker, by visiting their harbour in her majesty's ship cornwallis, proved to them that they are not beyond the reach of european shipping, as they at one time thought. some difficulty is experienced, i believe, in approaching foo chow, owing to the strength of the currents in the neighbourhood; but, as a seventy-four-gun ship has got over that difficulty, it is proved to be not an insurmountable one. ning-po is also a large and wealthy city, admirably situated for trade, and surrounded with a beautiful country. it stands some forty miles from the sea, by the river, which is said to be navigable for ships of considerable burthen even beyond the town. the climate is salubrious, and the natives are quite awake to the benefits likely to arise from a free intercourse with europeans. at this port, the first british vessel bound for the northern ports of china, from england direct, was loading, in march last, with tea and other chinese produce. by how many hundreds she will ere long be followed, i leave the reader to imagine. it is said by those who have visited this port, that nothing can exceed the urbanity of the chinese authorities and merchants, or their anxiety to do all in their power to please and entertain european strangers. this, doubtless, in part arises from the severe lesson that was read them, on more than one occasion, by sir hugh gough; a lesson which, it is hoped, they will long remember. an extensive and important trade is carried on between this place and chusan, by which means our manufactures will find their way into that island, after its ports shall be closed against our shipping. here, russian manufacturers are met with; and a friend of mine informed me, that, in a chinese shop at ning-po, he purchased a few yards of superior russian black broad cloth at the very cheap rate of two dollars and a-half ( s. d.) per yard. this price seems lower than that at which the british manufacturer could produce a similar article. samples of the cloth have been sent to england, so that this question will soon be decided. shang-hae, the most northern of the five ports opened to foreign commerce, is, perhaps, the most important of the whole five. i have undoubted authority for asserting, that the number of chinese junks, of more than a hundred tons burthen, that enter this port weekly, exceeds a thousand. the same authority speaks of the busy scene that this harbour daily presents, as quite beyond his powers of description. many british, american, and other merchants have visited shang-hae since it became an open port; many cargoes of manufactures have been disposed of there; and already a considerable export trade on foreign account has commenced. a bold attempt was made by some influential and wealthy merchants from canton, to prevent the mercantile men of the place from purchasing cargoes from the foreigners: in this, they succeeded for a time; and the canton men were in hopes they should secure the northern trade for their own capital, as of yore; but they calculated beyond their mark. the shang-hae men listened to the tales that were told them, and kept aloof for some time, till they saw that the europeans were quite determined not to leave their harbour without effecting sales. suddenly they changed their minds, and said to the canton men: "if the '_fan-quis_' are such a wicked race, how comes it that you are so anxious to have their trade to yourselves?" in a week afterwards, every foreign vessel in the river was cleared of her cargo at remunerating prices. shang-hae is the principal port in the empire for the export of raw silk. this fact is sufficient of itself to proclaim the vast importance of the place. the winter here, is described as being very severe; and the cold is said to be so intense, that hundreds of the very poorest sort of natives perish in the streets from its effect on their half-clad persons. the heat of summer is also intense; which renders the city unhealthy, situated as it is in a low, swampy country. yet, i heard of no sickness among the europeans who passed last summer there. the missionaries have not been behind the merchants in occupying shang-hae; and mr. medhurst, so well known for his extensive knowledge of chinese literature, had completed arrangements for removing his family thither in the early part of the present summer. he had previously visited the place, avowing the object of his visit, and had found no difficulty in procuring a commodious house, large enough for the comfortable accommodation of his family, as well as for a printing establishment, &c. mr. medhurst has been a personal friend of mine for these twenty years; and he will believe me when i say, that i heartily wish him all the success in his mission that he can wish for himself; but, of his success, i have my doubts. as to the benefits likely to accrue to the commerce of great britain from the treaty lately concluded by sir henry pottinger with the chinese government, i conceive there can be but one opinion, although the extent of those benefits is as yet uncertain. when i express an opinion, not penned in haste or without consideration, that the large quantities of grey shirtings, white ditto, chintz, cotton yarn, long ells, spanish stripes, fine woollens, camlets, &c. now purchased of the british merchants by the chinese, are likely, within the next three years, to be quadrupled, the manufacturers of my country will at once perceive what this celebrated treaty is likely to accomplish for them.[ ] we must, moreover, take into consideration, the extra tonnage that will be required to carry on this extended commerce; the number of seamen it will employ; the consequent increased demand for every description of stores taken to sea for the use of ships and men; the innumerable families that will thus be provided for; and the not improbable increased demand, over and above quadruple the present, for the goods named, when the new trade shall have had time thoroughly to develop itself. nor must we overlook the benefit likely to result to british india, the cotton of which has hitherto been supplied to the chinese _viâ_ canton: it will now be carried to their doors in british vessels, and sold to them at far cheaper rates than could have been afforded when sent in the former round-about way. taking this view of the case, it stands to reason, that the demand will increase; and though the merchant of bombay, madras, or calcutta may not make larger profits than heretofore, he will do a much larger business, employ double the number of men and ships, and enjoy the prospect of returning to his native country some few years sooner than he dreamed of under the old regime. [footnote : it must be borne in mind, that this was written at sea, before i had any knowledge of the reception which sir henry pottinger's treaty had met in manchester and other manufacturing towns. their subsequent reception of sir henry himself, proves how well satisfied they are with what he has done for them; and the extent of last summer's exports to china, demonstrates, beyond a doubt, that i was not far wrong in my predictions.] a trade suddenly thrown open with three hundred millions of human beings, is not likely to be completely developed in three, four, or five years; and i conceive that i am within the mark, when i hold out encouragement to my countrymen to quadruple their shipments to china. in april, may, and june, , before the five ports of china were officially opened to foreign trade, and when visiting them was precarious, an unusually large quantity of british and american manufactures was poured into the china market. ship after ship arrived from the manufacturing districts, with full cargoes; and the universal cry was, "what is to be done with all these goods?" i can tell the public what became of them. they were sold almost as fast as they arrived. many of them were purchased, for the northern ports, by speculators, who, to a man, did well with them. prices not only kept up, in spite of the heavy import duties, but actually continued to advance till the end of the year, when they were twenty per cent. higher than when all the cry was, "what is to become of these goods?" this spirited demand for goods at canton and hong kong, continued up to march last, when i sailed from china. whether the supply sent out this season, has exceeded the demand, or not, i have no means of ascertaining, while writing in the middle of the atlantic ocean; but i have no fear as to the result of any shipments that may have been made. that the thanks of the mercantile world in general, and of its members in great britain in particular, are due to sir henry pottinger for the very satisfactory conclusion to which he has brought the recent disturbances with china, and to sir hugh gough and sir william parker for the gallant manner in which the warlike portion of the work was conducted, every unprejudiced man must allow. though sir henry had not left china when i sailed, i presume that he will be in england before me _viâ_ egypt; and nothing would give me greater pleasure on my arrival, than to find that he had been rewarded by his sovereign by being made "earl nankin." his career has been a brilliant one; and that he may live many years to enjoy the fruits of his exertions, must be the wish of all that are likely to benefit by them.[ ] [footnote : no such honour has been paid to sir henry, though his reception by his sovereign, the government, and the public, has been such as must amply have gratified him and all his friends.] whether or not we are shortly to have another chinese war, is a problem i do not pretend to be able to solve: there are various opinions on the subject; but my own is, that every thing depends on the foreigners themselves. if the consuls and others sent by government to the five trading ports are firm and resolute men, who will never suffer the slightest infringement of the treaty by the chinese, without an energetic remonstrance,--if the captains of ships of war stationed at the five ports are strict in maintaining order among the masters and crews of the shipping of their nation,--if mercantile men take care, on the one hand, to give no cause of complaint by smuggling or otherwise, to the chinese authorities, and, on the other hand, to put up with nothing from them that is not borne out by the terms of the treaty;--in short, if foreigners generally (under which term i include every person not a chinese) unite together and stand up for the treaty, the whole treaty, and nothing but the treaty,--i see no reason to suppose that it may not work well, and for many years to come. on the other hand, if consuls vacillate in their intercourse with the chinese authorities,--if captains of ships of war permit irregularities in the conduct of merchant seamen,--and if foreign merchants condescend to injure their fair fame by smuggling, in place of submitting to the very moderate duties imposed upon their trade by the new chinese tariff,--all and each of them must take the consequences of their conduct; and they may rest assured, that the chinese will always be ready to seize with avidity the slightest opportunity afforded them for charging foreigners with a breach of the treaty. we must hope that foreigners resorting to china for the purposes of trade, or merely as travellers in search of health or of strange sights, will be sufficiently aware of the importance that is sure to be attached to their conduct, to avoid giving the chinese just cause of complaint. should they be careful on this point, and should the amicable relations now existing between the two countries remain uninterrupted, it will not take many years to convince the intelligent chinese, that intercourse with what they are pleased to term the barbarian nations of the earth, is not to be despised. as for the result of another war, there cannot, i imagine, be two opinions. that great britain would be the victor, and the _gainer_ too, after a struggle of half a summer, is pretty certain; and that she would make the chinese pay dearer for their temerity than they were made to do before, seems probable, and would be but just. the possession of chusan and other eligible mercantile positions on the coast, would open fresh fields for the enterprise of our merchants, and for the employment of hundreds of seamen and others; and the fleet and army, after satisfying the chinese that they were as able and as willing to fight as ever, might, with great advantage to their country, take a trip to japan, and try to prevail on the ruler of that _terra incognita_ to open his ports to foreign commerce. i would tell the emperor of japan, you shall either be my friend or my foe. if the former, you must permit your subjects to trade with my people; and if the latter, you must try your strength with me. while there are tens of thousands of unemployed operatives in great britain, her rulers should omit no opportunity of extending her commerce; and their suffering the japanese sullenly to exclude our shipping, while the dutch enjoy the sole privilege of trading to their country, seems to me putting up with a state of things that ought not to exist. chapter xviii. necessity of appointing british consuls in the spanish and dutch colonies--new settlement on the western coast of borneo--important discovery of coal on the north-west coast--concluding remarks. it appears to me, that british commerce in the east, requires somewhat more care and attention from the authorities in the mother country, than they have hitherto bestowed upon it. the trade carried on by british subjects with the philippines, siam, and the dutch colonies, is both extensive and important; but, not unfrequently, it suffers interruption from the government of those countries, to the serious loss and inconvenience of the parties concerned. that a consul or other properly authorised functionary is required to watch over the interests of british merchants trading to manilla, bang-kok, batavia, samarang, and sourabaya in java, and padang on the west coast of sumatra, is evident to every person at all acquainted with the trade of those places; and i will add a few facts by way of satisfying those who may be doubtful on the point. in the first place, then, british subjects residing in, or shipping resorting to manilla, are subject to the most arbitrary proceedings on the part of the spanish government,[ ] who order merchants from the place, and ships from the harbour, at a day's notice, without ever condescending to state their reasons for such proceedings. it was only the other day that the british subjects residing in manilla were, by an unlooked for and arbitrary order of the governor, deprived of the professional aid of the medical practitioners of their own country then resident among them. these professional men were not, indeed, ordered to quit the place; but they were informed by an official proclamation, that no medical man would in future be permitted to practice in manilla, unless in possession of a diploma from the college at cadiz. this, of course, was equivalent to an order to quit, as no english physician could be expected to have such a document in his possession. a friend of mine, writing to me on this occasion, represents the act as tantamount to a sentence of death upon all foreigners resident in the philippines. while spanish surgeons are allowed to practice among their countrymen in british colonies, such a state of things ought not for a moment to be suffered by the british government. [footnote : this remark has recently been confirmed beyond the possibility of denial, by the unjust and cruel sentence passed by the court of justice in manilla, on my esteemed friend, mr. robert diggles, who, after having been led into great expense, and kept under the surveillance of the police for nearly two years, has been tried as a criminal, and sentenced to pay a fine of two thousand dollars, and banished the philippines for six years. and for what, does the reader suppose? for kicking out of his house an impudent spanish tailor who had presented himself there during a ball given by mr. diggles to vice-admiral sir william parker and major-general lord saltoun, during their visit to manilla in her majesty's ship cornwallis. from lord saltoun, on his return to hong kong, i received an account of this matter; and mr. diggles also sent me the particulars in writing. from the testimony thus tendered to me by an eyewitness whose word cannot for a moment be doubted, and by the party principally concerned, in whose word i also place implicit confidence, i have no hesitation in making this public declaration, that mr. diggles has been partially, cruelly, unjustly, disgracefully, and tyrannically dealt with by the government of manilla. a letter i received yesterday from singapore, gives room to hope that mr. diggles's banishment has been remitted, which i should be glad to hear confirmed, though it would be no adequate reparation for the injury he has sustained.--hull, st november .] next, as to siam. it is well known to every person acquainted with the trade of that country, that its sovereign, in defiance of all treaties, monopolizes, by unjust and tyrannical means, nine-tenths of the commerce of his dominions; that his agents watch for and seize every boat that approaches the capital with produce; that the produce so seized is carried to the king's warehouses; that he pays whatever price he pleases for the contents of the boat; that the produce so seized is very generally the property of other persons, (frequently british subjects,) who have advanced money to the planter on his growing crop; that british and other shipping resorting to bang-kok for the purchase of produce, are compelled to buy from the king on his own terms, or to leave the port in ballast; and finally, that these proceedings are in direct opposition to the terms of an existing treaty between great britain and siam. a consul at bang-kok, and a visit twice a year from one of the ships of war cruizing in the china sea and the straits of malacca, would put an entire stop to his siamese majesty's unwarrantable proceedings, as far as british subjects are concerned. let americans and others look after themselves. ill the dutch colonies, also, i can testify from personal observation, the british merchant is very frequently dealt with not less arbitrarily. the dutch authorities are not content with prohibiting the importation into their colonies of warlike stores and opium, (which they have an undoubted right to do,) but their regulations render a ship seizable, that enters their ports with either of those forbidden articles on board. this seems unreasonably hard and it puts the british merchant to expense an trouble oftener than may be supposed. a ship bound from london, liverpool, or glasgow, to batavia and singapore, (a very common destination,) dares not receive on board as freight, either a chest of turkey opium, or a single birmingham musket. if she does, she must give up all idea of calling at batavia, where she would be immediately seized, for having such articles on board as cargo. only four years ago, the british barque acdazeer, bound from bombay to china, with a cargo consisting of thirteen hundred chests of opium, was dismasted in a gale in the china sea, and bore up for the port of sourabaya, which she entered in distress, for the purpose of repairs, and for stores to enable her to prosecute her voyage. my memory does not serve me so as to enable me to state, whether the acdazeer's visit to java was before or after the promulgation of the law prohibiting ships with opium and warlike stores entering any of the ports of netherlands india; but i think it was _before_ that regulation was made public. be that as it may, the ship was in distress; and, as a matter of course, her commander thought he was entering a friendly port. his astonishment may be conceived, when he was ordered by the authorities to land all his cargo in the bonded stores, before the slightest assistance could be rendered to his vessel. what was to be done? resistance was useless; and to prosecute his voyage with a disabled ship, impracticable. the cargo was accordingly landed, and the vessel's repairs were proceeded with. when these were finished, the commander reported his being ready to receive his cargo on board again, and to proceed on his voyage; when he was told, that, before doing so, he must pay an _entrepôt_ duty of one per cent. on the whole value. this he was compelled to do; and it amounted to the very considerable sum of l. all goods landed in bond (or _entrepôt_), in any of the ports of his netherlands majesty's east-indian territories, are subject to a duty of one per cent. on being re-exported; but who ever heard of a ship that had put into harbour in distress, being _compelled_ to land her cargo, under the pretence that it was to prevent the possibility of any portion of it being smuggled, and of its commander being afterwards told, that, as the goods had gone into _entrepôt_, the duty must be paid? these facts may be sufficient to shew, that the appointment of consuls at the different ports above named, is urgently needed as a protection to the british shipping visiting them. i have been told, that the spanish and dutch governments have refused to receive or acknowledge consuls in their eastern possessions. if this is the case, the evil might be remedied by a note from downing street. the other ports of netherlands india are, perhaps, not of sufficient importance, as regards english commerce, to authorise the expense of consular appointments. if the opinion of so humble an individual as myself could be supposed to reach the ears of the british premier, i would respectfully but earnestly call his attention to the foregoing remarks. another subject to which i am anxious to call the attention of the british government, is, the advantages presented by establishing settlements on the north-western and western coasts of the island of borneo. the proceedings of my friend mr. brook[ ] at sarawak on the western coast, having been made public, it is only necessary for me here to remark, that mr. brook has already paved the way for the advantageous settlement of a british colony in his neighbourhood, and to express a wish that her majesty's government may take advantage of his spirited and praiseworthy exertions, and reward him for them. the influence which he has obtained over the wild and intractable natives (as they have been hitherto deemed) of that part of borneo, the service which he has rendered to the mercantile interests of his country by his exertions in the suppression of piracy, the numbers of people whom he has induced literally to turn their swords into ploughshares, and the quiet, unostentatious way in which all this, and more than all this, has been effected, are not less surprising than creditable to his abilities, perseverance, and public spirit. [footnote : see appendix ii.] the recent discovery of extensive veins of coal on the banks of the river of borneo proper, is my chief reason for calling public attention to the north-western coast of that island. the destruction by fire of the british ship sultana, on her voyage from bombay to china, and the subsequent imprisonment of capt. page, his wife, officers, passengers, and crew, by the rajah of borneo proper, led to the discovery in question. the singapore government, on hearing of capt. page's captivity, sent a steamer to procure his release; and it was the captain of this steamer who discovered the coal, several tons of which he collected and used on board his vessel. he described them to me as being of excellent quality for steamers, and to be had in unlimited quantities by simply digging away the upper crust of the earth to the depth of six inches, under which the coals lie in masses. he was moreover informed, by the natives in the neighbourhood, (who, by-the-by, never use the coals, though they knew that they would burn, and called them "_batu api_" or fire-stones,) of the existence of much more extensive coal-veins a few miles further up the river. he had not time to visit the spot, but the natives assured him, that ships might be loaded from the surface. of the depth or extent of the veins, they knew nothing; it is, however, more than probable, that, on the application of proper means, an unlimited supply of coals might be obtained. the importance of such a supply, now that steam communication between calcutta and singapore has been established, and that the line will in all probability be shortly extended to china, requires no demonstration. in the event of a regular monthly overland mail being despatched from hong kong, to join the calcutta line at point de galle[ ] (ceylon), it would not be out of the steamer's way, to touch and coal at borneo: thence proceeding to singapore, where she would not require coals, she would take in the mail, and proceed on her voyage. this plan would save the expense of forming a coal _dépôt_ at singapore. all her majesty's steamers on the coast of china might be supplied with fuel from the same quarter, particularly as several empty ships go to china every season in search of freights homeward, which would gladly call at borneo _en route_, and take in a cargo of coals, to be delivered at hong kong, at a moderate rate per ton. to establish this coal trade on a permanent footing, a treaty would require to be entered into with the sultan of borneo. this, i have no hesitation in saying, might be effected, and the requisite arrangements made with the borneo authorities by mr. brook, whose influence in that quarter is deservedly all-powerful. an establishment placed there, the chief or superintendent of which might be invested with consular powers, would manage the coal business, and protect any unfortunate shipwrecked british seamen from ill treatment similar to that sustained by the captain and crew of the sultana. so many vessels have from time to time disappeared and never been heard of, between singapore and china, as to render it far from improbable, that there are numbers of british subjects now in confinement on the northern coasts of borneo and palawan. this probable or, at least, supposable case furnishes an additional argument in favour of placing some party, armed with power to protect such unfortunate persons, in some convenient spot in the neighbourhood. when i say, armed with power, i do not mean that arms should be put into the hands of those stationed to manage the coal-mines at borneo, but that their superintendent should be empowered to use energetic language, and threats if need be, in the name of the british government. the magic of a name is nowhere felt or understood more than among these same savages; in proof of which i may mention, that the rajah of borneo proper gave up capt. page and his crew immediately on their being demanded in the name of the governor of singapore, though he had refused to listen for a moment to the proposals and demands previously conveyed by a well-armed schooner sent by mr. brook from sarawak to treat for the release of the sultana's people, on hearing of their captivity. even his majesty of siam stands in awe of the british name; and i could tell instances of his having paid deference to a few lines from the singapore authorities. [footnote : ; now in full operation. vide appendix i. p. .] the ships of war in these seas are too much in harbour; they might be far better employed in occasional visits to the different ports of borneo, palawan, the eastern coast of the malayan peninsula, siam, and cochin china. visits to those countries twice or thrice a year, would not interfere in the slightest degree with their regular duty; it ought, indeed, to form part of it; and would be of incalculable value to british merchants. the authorities of those different states, knowing that the visits of british ships of war were to be regular and frequent in future, would be cautious how they meddled with british subjects. with all the gasconade common to orientals generally, the chiefs of the countries i have mentioned, are cowards at heart, tyrants as they are when opportunity offers; and they dread the sight of a ship of war in their harbours. no better check could be kept upon their conduct; and the plan proposed would not cost great britain a shilling, inasmuch as the ships required to carry it into execution, are in commission, and, as i said before, spend far too much time in port. such a catastrophe as the loss of the golconda, with four hundred souls on board, ought to be sufficient to call forth the utmost exertions on the part of our naval officers in the china sea. this ship, a vessel of tons, sailed from singapore in september (or ), bound to china, with the head-quarters of the th madras native infantry on board, and has never since been heard of. in my humble opinion, the china sea and its coasts ought to have been thoroughly searched for any remains of this unfortunate ship, it being far from impossible, that some of her people may be in existence in cochin china or on the neighbouring coasts or islands. when the unfortunate barque fifeshire disappeared in the same mysterious way, on the same voyage, three of her men turned up from cochin china, twelve months after she had been given up and paid for by the under-writers. no endeavour was made to trace the golconda,--wherefore, let those explain, who had it in their power to cause due search to be made. being unable to divine their reasons, i hope, for their own sakes, they were sufficient to quiet their own consciences. my wanderings are drawing near a close, and i have little more to say. on our passage down the china sea, during the prevailing very light southerly winds of april, we exhausted a large portion of our fresh stock; and for replenishing it and our water we touched in anjer roads, of which, and the village of the same name, i shall now give a brief sketch. nothing can be prettier than the sail into anjer roads from the northward, on a fine clear day. the scenery is equal to any thing i have ever seen. on your right, rises the high land of sumatra, covered with wood to the very summit, and exhibiting all the different shades of green; on your left, are st. nicholas point and the high land of java; while the two little isles called, "cap and button," add their minute features to the landscape. the land in this part of java, though well wooded, is not covered with timber so thickly as the opposite coast of sumatra; but, here and there, the scene is diversified by a clearing, where the javanese may be seen at work in his rice-field, yam-patch, vegetable garden, or pinery. in front, the island of "thwart-the-way" (well named, for it is right in mid-channel) relieves the eye from the glare of the sea; which, in these low latitudes, is a matter of some moment; while, further seaward, may be seen towering far above the surrounding objects, the islands of pulo bissie and crockatooa, both visible from a great distance, and forming excellent land-marks for the mariner. on nearing the anchorage, the pretty little village of anjer strikes the eye, its huts built in rows, and shaded by palms and other trees; the dutch resident's house, the fort, and the wharf, are all in view; and further back, about a mile from the sea, may be seen the tomb, erected by his shipmates, to the memory of dr. ----, assistant surgeon of h. m. s. alceste. the inscription informs the stranger, that dr. ---- died here on his return from china, after the wreck of the alceste. this tomb was the first thing that attracted my attention when i landed at anjer in , and has ever since been an object of interest to me. anjer is a very convenient place for ships bound from china or singapore for europe to touch at for supplies, although many ship-masters avoid it during the prevalence of the north-west monsoon, when it is a lee shore. i have anchored there at all seasons of the year, and never found any difficulty in getting out of the harbour; but others have been less fortunate, and have got among the rocks. here, the natives come off to passing ships, and bring fowls at two rupees per dozen; (a rupee here is equal to s. d. sterling;) ducks at three rupees per dozen; good-sized turtle one dollar each; yams one dollar per _pecul_ of lbs.; eggs one dollar per hundred; and other articles in proportion. they are very fond of visiting an english ship, as they generally get paid by her commander in spanish or other dollars; a coin held in universal estimation in those parts. in my frequent visits to anjer, i have invariably met with a polite and hospitable reception from the dutch resident, (the chief civil authority,) who has always been willing and ready to render any aid in his power to strangers. anjer, with all its beauties of scenery, is said to be unhealthy in the rainy season, when the showers and thunder-storms are both frequent and heavy: its natives are a puny race, and its european inhabitants look pale and sickly; so that, i suppose, it deserves the doubtful reputation generally given to it. during my last ramble in the vicinity of anjer, i observed some natives at work in a plantation of young plants which, at first sight, and from their being sheltered from the sun by tall, wild-cotton trees, i took for coffee. on inquiring of the overseer, and looking more closely at the plants, i found they were young cinnamon-trees. the attention of the dutch government has long been given to the cultivation of this spice; and, from the very healthy appearance of the plants just mentioned, i should think that the ultimate success of the undertaking was far from doubtful. it will not surprise me to see, before ten years have elapsed, java rivalling ceylon in cinnamon, as it is now competing with bengal in indigo. the strait of sunda, in which anjer is situated, is certainly a beautiful channel for ships to sail through in fine weather, though, from the strength of its currents, an uglier place in a dark, squally night could scarcely be found. it used to be notorious for malay pirates, but has been, of late years, clear of those pests. talking of pirates, i may mention my own good fortune in never having fallen in with any of the fraternity in the many voyages i have made in the lake-like seas of the malayan or eastern archipelago. this, however, does not tend to prove their non-existence in even recent days. having completed our stores at anjer, we sailed with a fair wind about p. m. on the th may, and, next morning, were rolling about in a heavy sea off java head, (a bold and grand promontory forming the south-west corner of the island,) where i bade adieu to my favourite sunny climes of the far east. appendix i. (see p. .) plan for the acceleration of the china mails (_i. e._ their conveyance from _suez_, viâ _ceylon_ to _hong kong direct_) submitted by mr. henry wise to her majesty's government sept. , , adopted june , , and now in active and successful operation. ---------------+--------------------+------+-----+----------------------+ proposed route | | |av. | interval | from hong kong | | |rate | (days/hours) | to london, and | course. |dist. |per | | vice versâ. | |miles.|hour,| und. | at | total | | | |miles|weigh.|anchor.| | ---------------+--------------------+------+-----+------+-------+-------+ | | | | | | | hong kong to | | | | | | | pulo labuan | s. ° . ' e. | | | /- | / | / | | | | | | | | pulo labuan | | | | | | | to singapore | s. ° . ' w. | | " | / | -/ | / | | | | | | | | singapore |{s. ° . ' w. }| | | | | | to malacca |{n. ° . ' w. }| | " | -/ | -/ | /- | | | | | | | | malacca | | | | | | | to penang | n. ° . ' w. | | " | / | -/ | /- | | | | | | | | penang to |{n. ° . ' w. }| | | | | | ceylon[a] |{s. ° . ' w. }| | " | / | / | / | +--------------------+------+-----+------+-------+-------+ ceylon | {as now performed by the peninsula & oriental} | | to aden | { steam navigation company, detention of } | /- | | { days included. } | | | | | aden | | | to suez | -- -- -- -- | /- | | | | suez to | | | alexandria | -- -- all stoppages -- | /- | | | | alexandria | | | to malta | -- -- -- -- | /- | | | | malta to | {h.m. post-office} | | marseilles | -- -- { packets } | / | | | | marseilles | {regular course} | | to london | -- -- { of post } | /- | | +-------+ {total interval from hong kong to london,} | | { and vice versâ, by the proposed route} days| /- | | | {average interval of transmission of china correspondence, } | | { viâ calcutta and bombay, during the last twenty overland} | /- | { mails, viz. from the th october , to th may } | | +-------+ difference of time in favour of proposed route days| /- | ----------------------------------------------------------------+-------+ ---------------+-----------------------------------------+ proposed route | | from hong kong | | to london, and | duties at anchor. | vice versâ. | | | | ---------------+-----------------------------------------+ | | hong kong to | | pulo labuan | to receive coal.[b] | | | pulo labuan | | to singapore | to receive coal, land & receive mails. | | | singapore | | to malacca | to land & receive mails. | | | malacca | | to penang | to receive coal, land & receive mails. | | | penang to | | ceylon | ditto ditto | ---------------+-----------------------------------------+ [note a: receiving at ceylon, the outward overland mail from england, and returning therewith to china.] [note b: the borneo coal mines would also serve to keep the hong-kong, singapore, and penang stations supplied with fuel for steam vessels carrying the mails between hong kong and suez direct. mem.--i have adopted an average rate of seven miles per hour as a fair estimate of the speed that well-appointed steam vessels, of moderate size and power, will be enabled to accomplish and maintain, throughout the proposed route, at all seasons of the year; for, during the whole distance from penang to aden, and _vice versâ_, neither monsoon, from the course steered, becomes at any period a directly adverse wind; an advantage which the route hitherto observed does not possess. assuming that the honourable east-india company continue the management of the bombay line, and that the peninsular and oriental steam navigation company are encouraged to render their operations more comprehensive, by the establishment of branch steamers between ceylon and singapore, to which latter port her majesty's steam vessels on the china station could convey the mails from hong kong, this all-important object might, without difficulty, be attained. the advantages to the straits' settlements, consequent on the adoption of improved arrangements, require no comment; and the _practicability_ of effecting a very considerable acceleration of the communication with china, is evident from the simple fact, that the average interval which has occurred in the transmission of letters from china, by the last twenty overland mails, (irrespective of the unfortunate july mail from bombay,) exceeds the period occasionally occupied by fast-sailing ships, in accomplishing the voyage _viâ_ the cape of good hope. henry wise. london, sept. , . p.s.--oct. , .--the arrival at suez, on the th ult., of the h. c. s. akbar, in _forty-six_ days from hong kong, after accomplishing the passage down the china seas, against the s.-w. monsoon,--unassisted also by any previously arranged facilities for coaling, exchange of steamers at aden, and other manifest advantages requisite for the proper execution of this important service,--confirms the correctness of my estimate for performing the voyage from hong kong to suez, or _vice versâ_, viz. _forty-three_ days, including stoppages.--h. w. appendix ii. memorandum on borneo, and mr. brook's settlement on that island. mr. brook has no warmer admirer than myself; and i trust the territory of sarawak, which has been ceded to him by the sultan of borneo, will eventually become a flourishing british colony. the government of this country cannot but be fully alive to the value of such a point on the north-west coast of borneo with reference to the protection and security of the vast trade carried on by british subjects to and from china; not to mention the great intrinsic advantages of an establishment on one of the largest and most valuable islands in the world. little or nothing is yet known of the interior of this vast country; but what we do know already with regard to several portions of its coast must lead us to the conclusion that it will one day become of infinite importance in a political as well as commercial point of view. there is reason to believe that it contains the most rich, varied, and extensive mineral deposits, and is capable of producing, in the greatest abundance, every variety of tropical production, including some that appear to be peculiar to its soil and climate. protection from the complicated evils of piracy and oppression is alone wanting in order to stimulate the growth and industry of the population, and to give a new aspect to the face of this fertile region. the very fact of a british settlement being established would exercise a most powerful influence in bringing together all the elements of a rapid civilization amongst a people at present the prey of ignorance, superstition, and oppression. considering the smallness of the means at his disposal mr. brook has already done much: the seeds have been sown, and, up to a point, nourished by the force of his character; for their further development the influence of the british government unreservedly exercised, but with due caution, is alone required. as one of the very best means of defence against riot or disturbance in a country like sarawak, whether held by queen victoria or by my friend brook, i would recommend the raising of a corps of hill rangers, to be composed of or natives of the country, in their native dress; distinguished from their countrymen simply by a belt thrown over the shoulder, with s. h. r.[ ] on a brass plate in the middle of it, and a small sword by their side; the whole under a european captain, four lieutenants, and a dozen native _jimedars_. ten guilders per month, allowed as pay to each man, would secure the choice of the population; and no force would equal them for the maintenance of peace in such a country. sir stamford raffles tried a similar plan at bencoolen, and found it answer admirably. i need say no more in its favour. no better man exists for raising and organizing such a corps, than mr. brook himself: witness his performances of a similar nature during the burmese war. these hill rangers must be divided into companies, and should be stationed at convenient places throughout the country, to keep their eyes on evil-doers, and to act as police-men more than as soldiers. their captain must be _locomotive_, and superintend the whole corps. [footnote : _i. e._ sarawak hill rangers.] i will now proceed to state my ideas as to the way in which mr. brook can most profitably avail himself of the extensive territory of sarawak. in the first place, he must have the whole district competently and correctly surveyed, and laid out in portions (not of square miles, new-south-wales fashion, without any regard to natural boundaries, but) of different sizes according to the topographical features of the country. on the completion of this survey, the plan or map should be lithographed, to exhibit to parties intending to purchase or hold land. mr. brook should then publish in india his intentions, giving a sketch of the facilities he can offer, of the capabilities of the country, &c. &c. &c. tenants will not suit him, in my opinion, so well as purchasers. the possession will be too unwieldy for him to hold, even as landlord: i speak from my experience in java. the purchasers he wants, are men of capital, say from l. to , l. each, to whom he must give credit for the land, and leave them unhampered to carry on their operations. all lands fit for the growth of coffee or sugar must be worked by these capitalists on their own account: they must send to java for experienced overseers, (europeans,) to conduct the works; and to bally, lombok, or the coromandel coast, for labourers. the natives of the former two are preferable, but, i fear, could not be obtained in sufficient numbers. not a china-man should be employed on an estate of mine as a field-labourer, though the chinese answer remarkably well, _under europeans_, in sugar-mills. an experienced overseer from java will point out to them the best lands for coffee and sugar, and the best modes of planting and rearing both. it is also a very good plan, to contract with a party to grow the cane, (the proprietor helping him with small advances,) which the landlord engages to take at so much per thousand when ripe, to be delivered at the mill door. the grower, in such cases, is generally a poor man, and require aid for the first year, to buy buffaloes, ploughs, and provisions. in java, nine-tenths of the cane are produced in this way; and the landlord saves both risk and trouble by it. no cane, no pay, is the rule there; so that, although the mill-owner may lose his time in a bad season, he sacrifices no outlay. the chinese cannot be trusted to _manufacture_ the sugar: they are conceited bunglers at that work, as stubborn as mules, and use too much lime, in spite of all one can say or do to prevent it. coffee may also be planted by contract; though, in java, where men can be got for three guilders per month and their rice, worth two guilders more, the plan is not generally adopted. a party purchasing land, ought to have it selected so as to have portions of it fit for coffee, sugar, and rice, and to try all three. in rice-cultivation, a different plan, however, must be pursued. in java, a proprietor of rice-land encourages as many people to sit down on his property as he can possibly obtain; charges them no rent in money, but helps them each to build a hut; lends them money to buy two buffaloes; and gives them rations of rice and salt for the first twelve months; taking care, in the meantime, that the man, his wife, and his children are as busy as bees, planting and looking after a few rice-fields,--the more the better; seeing also, that the family do a fair day's work, and as much as they are well able to perform. from these fields, when harvest arrives, the squatter will pay his rent. and then is the time that the european overseer and his deputies require to have their eyes open, in order to see that fair play is dealt to the proprietor, who is entitled to one-fourth of the crop, by way of rent, delivered in bundles of paddy, at his barn-door, by the grower. the reaping and binding must be watched, and the bundles be counted on the field; otherwise the grower will, probably, carry more than his share to his own barn, in place of his master's. now is the time, also, if the season has been a favourable one, to make the squatter pay off the whole, or a portion of his debt, for the advance made to him early in the year. if he gets well through the first year, he will, in all probability, take a liking to the place, and fix himself there for good. one of the very best plans for attaching javanese to their residence on an estate, is, to see that lots of cocoa-nut and betel-nut trees are planted in every desirable locality. with half a dozen cocoa-nut trees, even in a bad season, a native family will manage tolerably well; and in all my wanderings among the malayan islands, i never came to a place where even a single cocoa-nut was not current, like money, for its full value in rice. another great advantage arising to the proprietor from rice-grounds well-occupied, is, that he is entitled, by immemorial custom, to the labour of every male on the estate one day in seven, in virtue of a sort of feudal law. a friend of mine in java, on whose estate were fifteen thousand adults, seven thousand of whom were males, had thus the command of the labour of one thousand men per day _free_. on a new estate, these are the men to clear jungle, to make roads, to trim coffee-trees, and to take a turn with a hoe among the sugar-canes, when the hired labourers are busy at crop time, or when, from any other cause, labour may be scarce. mr. brook must take things leisurely. let one capitalist be established with a fair prospect, and he will soon be followed by dozens, who will gradually creep into the forests, and make the place a second java. before these capitalists make their appearance, however, he must, by every means in his power, encourage squatters, and get them to work on patches of rice-land, here and there. let him but treat those men kindly, help them through the first year, and set them fairly on their legs; they will then never leave the place. touching the diamond and gold mines which mr. brook wants to work, i hardly know what to advise, but think that his best plan would be, to get my friend tok sing, or some other wealthy china-man in singapore, to procure him "head men," whom he would _secure_, _i. e._ bind himself to make good any thing lost or stolen by them. this, of course, he would not do gratis; but his guarantee in such an undertaking would be invaluable: his wealth is very considerable, while his name and influence would be beyond calculation useful. over every thing, mr. brook must himself keep a watchful eye; and, above all things, he must keep the peace. he must not attempt too much at first; but must raise his rangers as they may be required; and, with his talent for such operations, a moderate share of patience and perseverance, and sufficient capital, all will go well, and he will meet with the complete success that he so richly merits. the end. william watts, printer, crown court, temple bar. transcriber's notes: inconsistencies in the hyphenation of words preserved. (daylight, day-light; namesake, name-sake; ninpo, ning-po; roundabout, round-about; shang hae, shang-hae; shipmaster/s, ship-master/s; underwriters, under-writers) units of sterling currency "l.", "s." and "d." were italicised in the original text, except for two instances (probably typographical errors) on page ( - / d. per pound) and page ( s. per ton). in the plaintext version of this transcription, italic markup has not been added to sterling currency units in order to reduce clutter and enhance readability. table of contents, chapter v., "dutch settements" changed to "dutch settlements". table of contents, chapter xvi., summary paragraph after chapter heading. in the table of contents, the third last phrase in the summary paragraph is "picturesque scenery" whereas in page this phrase is replaced by "portuguese penury". the original text is retained in both cases. table of contents, appendix i., page number changed from " " to " " to match page number at actual location. table of contents, appendix ii., page number changed from " " to " " to match page number at actual location. pg. , "havet heir" changed to "have their". (have their own rajahs) footnote , "trad" changed to "trade". (the opium trade again, has diminished) pg. , "testi-timony" changed to "testimony" (testimony to its commander's) pg. , inserted missing period. (balance due upon their services.) pg. , "occa-onally" changed to "occasionally" (occasionally visited by a very severe fever) pg. , inserted missing period. (called a grain-exporting one.) pg. , "hundreths" changed to "hundredths". (ninety-nine hundredths) pg. , added missing period. (the _lorcha_ was burned.) transcriber's note the punctuation and spelling from the original text have been faithfully preserved. only obvious typographical errors have been corrected. the economist: or the political, commercial, agricultural, and free-trade journal. "if we make ourselves too little for the sphere of our duty; if, on the contrary, we do not stretch and expand our minds to the compass of their object; be well assured that everything about us will dwindle by degrees, until at length our concerns are shrunk to the dimensions of our minds. _it is not a predilection to mean, sordid, home-bred cares that will avert the consequences of a false estimation of our interest, or prevent the shameful dilapidation into which a great empire must fall by mean reparation upon mighty ruins._"--burke. no. . saturday, september , . price _d._ contents. our brazilian trade and the anti-slavery party the fallacy of protection agriculture (no. .) court and aristocracy music and musicales the metropolis the provinces ireland scotland wales foreign: france spain austria and italy turkey egypt united states canada colonies and emigration: emigration during the last seventeen years new south wales australia cape of good hope new zealand political correspondence and answers to inquiries postscript free trade movements: messrs cobden and bright at oxford public dinner to r. walker, esq. dr bowring's visit to his constituents anti-corn-law meeting at hampstead mr ewart and his constituents miscellanies of trade police accidents, offences, and occurrences sporting intelligence agricultural varieties: the best home markets curious agricultural experiment cultivation of waste lands our library table miscellanea commerce and commercial markets prices current corn markets smithfield markets borough hop market liverpool cotton market the gazette births, marriages, and deaths advertisements "if a writer be conscious that to gain a reception for his favourite doctrine he must combat with certain elements of opposition, in the taste, or the pride, or the indolence of those whom he is addressing, this will only serve to make him the more importunate. _there is a difference between such truths as are merely of a speculative nature and such as are allied with practice and moral feeling. with the former all repetition may be often superfluous; with the latter it may just be by earnest repetition, that their influence comes to be thoroughly established over the mind of an inquirer._"--chalmers. our brazilian trade and the anti-slavery party. since the publication of our article on the brazilian treaty, we have received several letters from individuals who, agreeing with us entirely in the free-trade view of the question, nevertheless are at variance with us as to the commercial policy which we should pursue towards that country, in order to coerce them into our views regarding slavery. we are glad to feel called upon to express our views on this subject, to which we think full justice has not yet been done. we must, however, in doing so, make a great distinction between the two classes of persons who are now found to be joined in an alliance against this application of free-trade principles; two classes who have always hitherto been so much opposed to each other, that it would have been very difficult ten years since to have conceived any possible combinations of circumstances that could have brought them to act in concert: we mean the west india interest, who so violently opposed every step of amelioration to the slave from first to last; and that body of _truly great philanthropists_ who have been unceasing in their efforts to abolish slavery wherever and in whatever form it was to be found. to the latter alone we shall address our remarks. as far as it can be collected, the argument relied upon by this party appears to be, that having once abolished slavery in our own dominions we ought to interdict the importation of articles produced by slave labour in other countries, in order to coerce them, for the sake of their trade with us, to follow our example. we trust we shall be among the last who will ever be found advocating the continuance of slavery, or opposing any _legitimate_ means for its extinction; but we feel well assured that those who have adopted the opinion quoted above, have little considered either the consequences or the tendencies of the policy they support. the first consideration is, that if this policy is to be acted upon, on principle, it must extend to the exclusion of _all_ articles produced in whatever country by slaves. it must apply with equal force to the _gold_, _silver_, and _copper_ of brazil, as it does to the _sugar_ and _coffee_ produced in that country;--it must apply with equal force to the _cotton_, the _rice_, the _indigo_, the _cochineal_, and the _tobacco_ of the southern states of america, and mexico, as it does to the _sugar_ and _coffee_ of cuba. to be in any way consistent in carrying out this principle, we must exclude the great material on which the millions of lancashire, the west of yorkshire, and lanarkshire depend for their daily subsistence; we must equally exclude tobacco, which gives revenue to the extent of , , _l._ annually; we must refuse any use of the precious metals, whether for coin, ornament, or other purposes. but even these form only one class of the obligations which the affirming of this principle would impose upon us. if we would coerce the brazilians by not buying from them, it necessarily involves the duty of not selling to them; for if we sell, we supply them with all the means of conducting their slave labour; we supply the implements of labour, or the materials from which they are made; we supply clothing for themselves and their slaves; we supply part of their foods and most of their luxuries; the wines and the spirits in which the slave-owner indulges; and we even supply the very materials of which the implements of slave punishment or coercion are made;--and thus participate much more directly in the profits of slavery than by admitting their produce into this country. but if we supply them with all these articles, which we do to the extent of nearly , , _l._ a year, and are not to receive some of their slave-tainted produce, it must follow that we are to give them without an equivalent, than which no greater encouragement could be given for a perseverance in slave-holding. but the truth is--whatever pretensions we make on this subject--we do, in exchange for our goods, buy their polluted produce; we employ our ships to convey it from their shores, and ourselves find a market for it among other countries already well supplied with cheap sugar, where it is not required, and where it only tends the more to depress the price in markets already abundantly supplied. nay, we do more; we admit it into our ports, we land it on our shores, we place it in our bonded warehouses, and our busy merchants and brokers deal as freely on our exchanges in this slave produce as in any other, only with this difference--that this cheap sugar is not permitted to be consumed by our own starving population, but can only be sold to be refined in bond for the consumption of the free labourers in our west india colonies and others, or to be re-exported, as it is, for the use of "our less scrupulous but more consistent" neighbours on the continent. consistency, therefore, requires equally the abandonment of all export trade to slave-producing countries, as it does of the import of their produce; and the effect will carry us even further. we know it is a favourite feeling with mr joseph sturge and others of that truly benevolent class, that in eschewing any connexion with slave-producing countries, we have the better reason to urge free-trading intercourse with such countries as use only free labour,--with the northern states of america, with java, and other countries similarly circumstanced. now of what does our trade to these countries, in common with others, chiefly consist? of the , , _l._ of british manufactures and produce which we exported in , upwards of , , _l._ consisted of cotton goods, nearly the whole of which were manufactured from slave-grown cotton, and partly dyed and printed with the cochineal and indigo of guatamala and mexico. consistency would therefore further require that we abandon at least one-half of our present foreign trade even with free-labour countries, instead of opening any opportunity for its increase. when men are prepared and conceive it a duty to urge the accomplishment of all these results, they may then consistently oppose the introduction of brazilian sugar and coffee, and support the present west india monopoly; but not till then. but now, what effect must this argument have upon slave-producing states, in inducing them to abandon slavery? has it not long been one of the chief arguments of the anti-slavery party everywhere, that free labour is actually cheaper than slave labour? now, will the brazilians give credit to this proposition, so strongly insisted upon, when they see that the anti-slavery party conceive it needful to give support to a system which affirms the necessity of protecting free labour against slave labour, by imposing a prohibitory duty of upwards of per cent. on the produce of the latter? will their opinion of the relative cheapness of the two kinds of labour not rather be determined by our actions than our professions? we firmly believe that free labour, properly exercised, is cheaper than slave labour; but there is no pretence to say that it is so at this moment in our west india colonies; and we undertake to show, in an early number, in connexion with this fact, that _the existence of the high protecting duties on our west india produce has done more than anything else to endanger the whole experiment of emancipation_. but, moreover, our west india monopoly,--the existence of the high prohibitory differential duty on sugar, is the greatest, strongest, and least answerable argument at present used by slave-holding countries against emancipation. the following was put strongly to ourselves in amsterdam a short time since by a large slave owner in dutch guiana:--"we should be glad," said he, "to follow your example, and emancipate our slaves, if it were possible; but as long as your differential duties on sugar are maintained, it will be impossible. here is an account sale of sugar produced in our colony, netting a return of _l._ per hogshead to the planter in surinam; and here is an account sale of similar sugar sold in london, netting a return of _l._ to the planter in demerara: the difference ascribable only to your differential duty. the fields of these two classes of planters are separated only by a few ditches. now such is the effort made by the planter in demerara to extend his cultivation to secure the high price of _l._, that he is importing free labourers from the hills of hindostan, and from the coast of africa, at great cost, and is willing to pay higher wages than labour will command even in europe. let us, then, emancipate our slaves, which, if it had any effect, would confer the privilege of a choice of employer, and dutch guiana would be depopulated in a day,--an easy means of increasing the supply of labour to the planters of demerara, at the cost of entire annihilation of the cultivation of the estates in surinam. but abandon your differential duties, give us the same price for our produce, and thus enable us to pay the same rate of wages, and i, for one, will not object to liberate my slaves to-morrow." whatever amount of credence people may be disposed to place in this willingness to abandon slavery, nothing can be more clear than that the higher rate of wages paid in our colonies, attributable solely to the high and extravagant price which, by our differential duties, their produce commands, must ever form a strong and conclusive reason with these slave-holding countries against their entertaining the question of emancipation. we believe most sincerely that an equalization of these duties--that an entire free trade would do more than any other act to encourage an adoption of our example everywhere: while the maintenance of monopoly and high prices _as an essential to the carrying out of the experiment of free labour successfully_--must be the strongest reason against its adoption with all those countries who have no means of commanding this accompanying confessed essential. but now were it otherwise:--have the professors of these opinions ever considered the huge responsibility which they arrogate to themselves by such a course? let these men remember that, by seeking to coerce the _slave-labour producer_ in distant countries, they inflict a severe punishment on the millions of hard-working, ill-fed _consumers_ among their fellow countrymen; but they seem always to overlook the fact, that there is a _consumer_ to consider as well as a _producer_;--and that this consumer is their own countryman, their own neighbour, whose condition it is their _first_ duty to consult and watch;--duty as well as charity ought to be first exercised at home. that is a very doubtful humanity which exercises itself on the uncertain result of influence indirectly produced upon governments in the other hemisphere of the globe, and neglects, nay sacrifices, the interests of the poor and helpless around our own doors,--not only by placing the necessaries of life beyond their reach, but at the same time destroying the demand for their labour by which alone they can obtain them. if _individuals_ entertain conscientious scruples against the use of slave produce--let them, if they please, act upon them themselves, but do not let them seek to inflict _certain_ punishment, and the whole train of vice and misery consequent on starvation and want of employment, upon their poorer neighbours, for the purpose of conferring some _speculative_ advantage on the slaves of the brazils or elsewhere: no man can be called upon as a duty to do so great a present evil, in order to accomplish some distant good, however great--or however certain. the fallacy of protection. all laws made for the purpose of protecting the interests of individuals or classes must mean, if they mean anything, to render the articles which such classes deal in or produce dearer than they would otherwise be if the public was left at liberty to supply itself with such commodities in the manner which their own interests and choice would dictate. in order to make them dearer it is absolutely necessary to make them scarcer; for quantity being large or small in proportion to demand, alone can regulate the price;--protection, therefore, to any commodity simply means that the quantity supplied to the community shall be less than circumstances would naturally provide, but that for the smaller quantity supplied under the restriction of law the same sum shall be paid as the larger quantity would command without such restriction. time was when the sovereigns of england relied chiefly on the granting of patents to individuals for the exclusive exercise of certain trades or occupations in particular places, as the means of rewarding the services of some, and as a provision for others of their adherents, followers, and favourites, who either held the exclusive supply in their own hands on their own terms, or who again granted to others under them that privilege, receiving from them a portion of the gains. in the course of time, however, the public began to discover that these monopolies acted upon them directly as a tax of a most odious description; that the privileged person found it needful always to keep the supply short to obtain his high price (for as soon as he admitted plenty he had no command of price)--that, in short, the sovereign, in conferring a mark of regard on a favourite, gave not that which he himself possessed, but only invested him with the power of imposing a contribution on the public. the public once awake to the true operation of such privileges, and severely suffering under the injuries which they inflicted, perseveringly struggled against these odious monopolies, until the system was entirely abandoned, and the crown was deprived of the power of granting patents of this class. but though the public saw clearly enough that these privileges granted by the sovereign to individuals operated thus prejudicially on the community, they did not see with equal clearness that the same power transferred to, and exercised by, parliament, to confer similar privileges on classes; to do for a number of men what the sovereign had before done for single men, would, to the remaining portion of the community, be just as prejudicial as the abuses against which they had struggled. that like the sovereign, the parliament, in protecting or giving privileges to a class, gave nothing which they possessed themselves, but granted only the power to such classes of raising a contribution from the remaining portion of the community, by levying a higher price for their commodity than it would otherwise command. as with individuals, it was equally necessary to make scarcity to secure price, and that could only be done by restricting the sources of supply by prohibiting, or by imposing high duties on, foreign importations. many circumstances, however, combined to render the use of this power by parliament less obvious than it had been when exercised by the sovereign, but chiefly the fact that protection was usually granted by imposing high duties, often in their effect quite prohibitory, under the plea of providing revenue for the state. many other more modern excuses have been urged, such as those of encouraging native industry, and countervailing peculiar burthens, in order to reconcile public opinion to the exactions arising out of the system, all of which we shall, on future occasions, carefully consider separately. but, above all, the great reason why these evils have been so long endured has been, that the public have believed that all classes and interests, though perhaps not exactly to the same extent, have shared in protection. we propose at present to confine our consideration to the effects of protection,--first, on the community generally; and secondly, on the individual classes protected. as it is admitted that protection ought, if granted at all, to be given to all alike, it would follow that the whole produce of the country would be raised to an artificial price; and if this were the case, as far as regarded the exchange or transactions among members of the same community, the effect would be merely nominal, of no advantage to any one, and of little disadvantage beyond the enormous public expense needed to prevent people cheating each other by smuggling and bringing in the cheaper foreign article;--but such a community must forego all notion or idea of a foreign trade;--they must have no desires to be gratified beyond themselves, and they must have within themselves the independent means of supplying every want. for even if the law be strong enough to maintain an artificial high price at home, it has no power of making other countries pay that price; and if everything we possessed commanded a higher price at home than other countries could supply the same for, we should have nothing which we could exchange for the produce of other countries, and thus no more foreign trade could exist, than in a poor country which had no surplus produce. it is therefore essential that every country should bear in mind, in adopting a system of protection to manufactures or other produce, that they thereby effectually debar themselves from all foreign trade to neutral countries in such articles; for if they require high duties at home to protect them from the produce of other countries, which could only come at considerable expense to compete with them at home, how can they withstand that competition when they meet on the same terms in every respect in a neutral market? how effectually has france stayed her export linen trade by raising the duties and the price of linen yarn, and by that act, intended as a blow to english trade, given the linen manufacturers of this country a greater advantage over france in the markets of the world than ever. how idle are the efforts of the belgian government to establish depôts and factories for the sale of their manufactures in st thomas add other places, while the manufacturers in ghent are only able to maintain their home trade, by high protective duties, against english, french, and german goods, and still cry out for greater protection! it is, however, abundantly plain, that the state of a country above described could not long exist, when industry and intelligence were in the course of producing wealth; for if there be one law in nature more distinct than another, it is, that while the productions of every country are less or more limited to particular things, the wants of man extend to every possible variety of products over the whole world, as soon as his means can command them. as a country advances in wealth, it will have more and more surplus produce, which under wise laws would always consist of such things as it could produce with greatest facility and profit, whether from the loom or the soil. this surplus produce would be exchanged for the productions of other climates, but it must be quite clear, as soon as we arrive at this stage, that the power of the law to protect price altogether ceases. the surplus exported must sell in the markets of the world, in competition with the same article produced under the cheapest circumstances, and that article in the home market can command only the same price. thus the whole attempt to protect all interests equally would immediately fail; every article produced in excess, and exported, would command only the lowest prices of open markets, and the fancied protection of the law would be void; while everything produced in deficiency, and of which we required to import a portion to make up the needful supply, would continue to be protected above the natural price of the world to any extent of import duty that the law imposed upon the quantity required to make up the deficiency. thus, for example, we export a large portion of the woollen, and the largest portion of the cotton goods which we manufacture, to all parts of the world, which we must sell at least as cheap as they can be bought in any other country. the same articles can only command the same price in the home market, and though the law imposed an import duty, by way of pretended protection, to any extent, upon similar foreign goods, it would not have the effect of raising the price one fraction. on the other hand, we do not produce as much wool or food as we consume, and have every year to import large quantities of each to make up the deficiency. whatever duty, therefore, is put on the import of the quantity thus required, will enable the producers at home to maintain their price so much above the natural level of the world. by this state of things the country at large is injured in two distinct and prominent ways:--first,--those articles which we can make in excess, and export, must ever be the chief means of absorbing the increasing capital and labour of the country; and the impediment thrown in our way, of importing those things which we have in deficiency, must necessarily check our power of extending the demand for the produce of such increasing labour and capital; and, secondly,--the price of such articles as we produce in deficiency, will always be maintained much above the level of the world, to the great disadvantage of the other great class of producers, the price of whose labour, and whose profits, will be regulated by competition with those who have food, &c., at the lowest price. so much as to the effect on the community at large. we will now shortly consider the effect on individual interests, which are thought to enjoy protection, and we believe we can show that there never was a condition so fraught with mischief and disappointment, with such unmitigated delusion, deception, and exposure to ruin, than is to be found in every case where protection operates. we think it can be clearly shown _that such occupations can never be more profitable; that they must usually be less profitable; and that they are always more exposed to vicissitudes than any other class_. they never can be more profitable, because capital and enterprise will always be attracted to any occupation which offers a larger profit than the usual rate, till it is reduced to a level with others; they will usually be less profitable, indeed always in a community of increasing numbers, because the price being maintained by restriction above the price of the world, prevents an extension of such trades in the same proportion as those who naturally belong to them, and look to them for occupation, increase in numbers: they will be exposed to greater vicissitudes, because, being confined to the supply of only one market, any accidental circumstance, which either increases the usual supply, or diminishes the usual demand, will cause an infinitely greater depression than if they were in a condition to avail themselves of the markets of the whole world, over which they could spread an accidental and unusual surplus. thus, previous to , the silk manufacturers of this country were protected to a greater extent than any other trade, and the price of silk goods was maintained much above the rate of other countries; our silk trade was therefore necessarily confined almost exclusively to the home market and our colonies, and though they had a monopoly of those markets, it was at the cost of exclusion (on account of higher price) from all other markets. notwithstanding this monopoly, the silk manufacturers could never command at any time larger _profits_ than other trades; for had they done so, competition would have increased until the rate was reduced to the common level of the country: on the contrary, the tendency was for profits and rates of wages to be smaller than in other great manufacturing branches, requiring equal capital and skill; because, with the increasing numbers who belonged to the silk trade,--the sons of manufacturers and of weavers, who naturally, in the first instance, look to the trade of their parents for their occupation,--the trade did not proportionably increase, from the fact of our being unable to extend our exports; and, lastly, it was exposed to much greater vicissitudes than other trades; for when, either from a temporary change of fashion or taste, or from a temporary stagnation of trade in this country, the accustomed demand was lessened, the silk manufacturers were unable to obtain any relief by extending their trade in the great neutral markets of the world, being excluded by price, and the whole surplus quantity remained a dead weight on this market only; whereas other branches of manufactures, practically enjoying no protection, in the case of depressed trade at home, had an opportunity of immediate relief, by spreading the surplus thereby created, at a very trifling sacrifice, over the wide markets which they supplied. in this way the extent and duration of the vicissitudes and depressions in the silk trade were without parallel in any other; but since , since this trade has been placed in a natural position by the removal of monopoly, the whole aspect of it has changed, and these peculiar evils have all disappeared. then again with regard to the products of land, which the law attempts to protect more highly than any other. here again, though the price to the community is maintained much above the prices of other countries, no one person connected with raising the produce can command a higher rate of profit, or higher wages for labour, than other trades having no protection whatever; for if they did, competition would soon reduce them to the same level; but, on the contrary, the wages, of agricultural labourers, and the profits of farmers, are always rather below than above the common rate, and simply from this fact, that the children of farm labourers, and of farmers, who first naturally look to the pursuits of their parents for a trade or occupation, increase in numbers without any corresponding extension of the means of employment, and the competition among them is therefore always greater than in other trades which have the power of extension; and the vicissitudes to which the farmer is exposed are notoriously greater than any other trade. his rent and expenses throughout are fixed by an artificial price of produce, which price can only be maintained as long as a certain scarcity exists; but the moment the markets are plentifully supplied, either from a want of demand owing to a depression of trade, or from the result of a good harvest, he finds that plenty takes out of his hand all control of price, which quickly sinks to the natural rate. with a free trade the farmer would never be exposed to such reverses. in that state, if the demand and price increased, it would be checked by an increase of imports from other countries; if the demand and price diminished, that would also be checked by a reduction or cessation of the usual imports, and, if necessary, by an export of any surplus which pressed upon the market;--and, if our space allowed, it would not be difficult to show that, with prices at the natural rate, all parties connected with land would not only be in a safer but a much better condition. no cautious man who well understands the subject will ever hazard his capital in any trade exposed to so many evils and to so much uncertainty as restriction and protection infallibly introduce into it:--but the great error which misleads all men in cherishing such trades is, that they mistake _high prices_ for _high profits_, which usually, instead of being synonymous terms, are quite the reverse. agriculture. no. ii. on the indications which are guides in judging of the fertility or barrenness of the soil. by the rev. william thorp. (_continued from no. ._) these three signs, viz., colour, consistence, and vegetation, are named by the royal agricultural society as being pre-eminently indications of the value of lands; yet there are others of equal if not of greater consequence. for example:-- _a knowledge of the geology of the land_ is of the first importance; that is, not only a knowledge of the range and extent of each formation and its subdivisions, which may be called geographical geology, but also how far and to what extent the various lands do depend upon the substratum for their soil, and the local variations in the chemical or mineralogical character of the substrata themselves, and which may be called the differential geology of soils. for not only do the qualities of land vary from one formation to another, but upon the same formation there is frequently considerable difference in the quality of land depending upon chemical difference in the substratum, or upon an intermixture of foreign debris derived from other strata. _a chemical investigation_ of the soil and subsoil will frequently afford most useful indications respecting the value of land. it may be laid down as an axiom that a soil to be fertile must contain all the chemical ingredients which a plant can only obtain from the soil, and chemistry ought to be able to inform us in unproductive soils what ingredients are wanting. it also is able to inform us if any poisonous substance exists in the soil, and how it may be neutralized; when lime, marl, and chalk are to be used, &c.[ ] the royal agricultural society say that chemistry is unable to explain the productiveness of soils. but why is it unable? one reason is, that supposing everything required by the plant to be present in the soil, yet if the soil be either too wet, or too dry, too cohesive, or loose, the plant will not flourish; and chemical analysis does not declare this, for it affords no information respecting the mechanical division in which substances exist in the soil. again, the chemical analysis of soils, to be worth anything, must be conducted with more rigid accuracy than those published by english writers. to detect one cwt. of gypsum in an acre there would be only one quarter of a grain in a pound of soil, or in grains only three and a half thousandth of a grain ( / or, grs.), or to discover if sufficient alumina existed in a field for the production of red clover there must be ascertained if it contained (one hundred thousandth), per cent. the analyses even by sprengel do not afford us the quantity of nitrogen in each soil, or the capacity of the soil for this substance; while it is well known that most manures, as well as the different kinds of food, are valuable in proportion to the quantity contained by them, and it is highly probable, _ceteris paribus_, that the quantity of nitrogen found existing in soil, and the soil's capacity for containing that substance, would afford an easy indication of its immediate fertility, and also of its requiring great or small quantities of nitrogenous manures in its future cultivation.[ ] chemistry, however, outsteps her province when it is attempted to explain how vegetable productions are formed in the plants by chemical forces; for the recent discoveries of schwann, henle, and schleiden, prove that all the functions of the plant are performed by the means of simple vesicles and cells--that absorption, assimilation, fixation of carbon from the atmosphere, respiration, exhalation, secretion, and reproduction are all effected by single cells, of which the lower plants almost entirely consist--that the cell absorbs alimentary matters through the spongioles of the root, and that the fluid received thus undergoes the first steps of the organizing process--that the inorganic elements are changed into the simplest proximate principles by cells--so also are the further changes into the regular secretions of the plant, the result of cell-life--that gum and sugar are converted into the organizable portion of the nutritious sap by the cells of the leaves. the starchy fluid in the grains of corn is rendered capable of nutrition to the embryo by the development of successive generations of cells, which exert upon it their peculiar vitalizing influence. albumen is converted into fibrine by the vital agency of cell life--_i.e._, cells are produced which do not form an integral part of any permanent structure in the plant, but which, after attaining a certain maturity, reproduce themselves and disappear; hence it may be stated that all the vegetable productions which are formed in the plant are effected by a series of vital actions through the agency of cells. from the different transformations which these undergo all the different tissues in vegetables are formed; for instance, the spiral and dotted ducts, woody fibre, and so on. schwann showed that the formation of tissues in animals went through exactly the same progress, a fact which has been confirmed by the microscopic observations of valentin and barry. thus vessels, glands, the brain, nerves, muscles, and even bones and teeth are all formed from metamorphosed cells. dr bennett says--"if this be true, and there can be little doubt, it obliges us to modify our notions of organization and life. it compels us to confess that vegetables and animals are not simple beings, but composed of a greater or less number of individuals, of which thousands may exist in a mass not larger than a grain of sand, each having a vital centre and separate life, independent of those around it. each of these individuals, or organized cells, should be regarded as a living being, which has its particular vital centre of absorption, assimilation, and growth, and which continues to vegetate, to increase, and undergo transformations as if it were an isolated individual. at all events, a knowledge of the existence of the cell-life of plants will explain several phenomena respecting the vegetation, growth, and ripening of corn, and may hereafter lead to some valuable practical results." _the climate, elevation, and exposure_ are not to be neglected. upon the higher portions of the wolds crops suffer, much from elevation and exposure, while in the western portion of yorkshire, upon the moor edges, the harvest is usually a month later than in the central parts of the island. _a moderate depth_ of soil in general is a favourable sign, although some of shallow soils on the new red sandstone and on the wolds are very good; to these signs are to be added locality, as respects markets, facilities of obtaining a supply of lime, or other tillage, the rates and outpayments peculiar to the district, &c. &c., all of which are to be taken into account when considering the value of any particular farm. i shall now briefly apply these indications of fertility over the different geological formations of yorkshire, and it will be found that each lends aid to the other, and that a person will be able to ascertain the value of land in proportion as he is able to appreciate the collective evidence afforded by them. (_to be continued._) [ ] mr brakenridge, of bretton lodge, who has extensive practice in land valuing, informs me that a mechanical analysis of the soil affords him much assistance; and he has found that in soils, whenever free from stagnant water, that in a mechanical analysis the larger the proportion which remains suspended in the water, the greater its powers of production will be found, and the less manure it will require. that the best soils are those which, when diffused and well stirred in water and allowed to stand for three minutes, from to , say , per cent. is carried off with the water of decantation. when per cent. and upwards is decanted off, the soil becomes retentive of water and consequently wet. when less than per cent., say only per cent. and under, is carried off, it becomes too porous; water passes through it too rapidly; its soluble matter is washed off into the substratum, and it has a strong tendency to become thin and sterile. [ ] the celebrated black earth of russia contains , per cent. of nitrogen. court and aristocracy. the queen and prince albert, on their return on thursday week from the chateau d'eu, were accompanied by the prince de joinville, who remained to dine with the royal party, and then returned in the evening on board his yacht, for the coast of france. after a few days' repose, her majesty and the prince started on another marine excursion. they sailed from brighton on tuesday morning, passed dover, and arrived off deal about three o'clock, where the royal yacht anchored, in order to receive the duke of wellington, who came from walmer castle, and dined with her majesty on board, a large number of vessels, gaily decked with flags, as well as crowds on shore, giving animation to the scene. the duke remained with her majesty and prince albert upwards of two hours, and during the time he was on board, the wind, which throughout the day had been blowing rather fresh from the northward and eastward, had considerably increased, and her majesty, upon the duke's taking his leave, evinced very great anxiety respecting the safe landing of his grace. everybody who knows this coast is aware that when the wind is blowing at all from the eastward that there is a very heavy surf on the beach, and consequently great difficulty in landing. his grace, however, on thanking her majesty for the concern she evinced on his account, made light of the matter, and returned on board the _ariel_, which brought him as near the shore as possible; here he got into the barge and rowed towards the beach. the swell was too great to admit of his landing at the pier, from which he had started, and the boat was pulled towards the naval yard, where the surf was not so great as at any other part of the shore. here the duke landed, but not without a thorough drenching, for no sooner had the bows of the boat touched the shore than a heavy sea broke right over her stern, and completely saturated his grace's apparel. the duke, upon landing, all wet as he was, immediately mounted his horse, and rode off to walmer castle. a numerous assemblage of persons had congregated on the beach when the duke came on shore, and loudly and enthusiastically cheered him. at an early hour on wednesday morning the squadron got their steam up, and made preparations for taking their departure. the weather had moderated, and the day was fine. about seven o'clock the royal yacht got under way, and stood out to sea, and was followed by the other steamers, and also by the _penelope_, which had been ordered to form one of the royal squadron. about two o'clock on wednesday the royal yacht entered the port of ostend, taking the authorities somewhat by surprise, who did not expect it quite so soon. the king and queen of belgium, and the official personages of ostend, were, however, on the pier to await the landing; and the populace displayed the most lively enthusiasm. in the evening there was a grand banquet at the hotel de ville, and ostend was brilliantly illuminated, in a style far surpassing ordinary occasions. the king of hanover.--a correspondent writes that his majesty, while in conversation with a noble friend, expressed the determination, should divine providence spare him health, to visit this country again next summer, and he purposed then to come earlier in the season. visit of the regent of spain to greenwich hospital.--on wednesday, about twelve o'clock, general espartero paid a visit to the royal hospital at greenwich. sir robert peel arrived in town by the london and birmingham railway on saturday afternoon, from his seat, drayton manor, staffordshire, and immediately proceeded from the euston-square terminus to the residence of the earl of aberdeen, in argyll street, to pay a visit to his lordship. soon, after the arrival of the right hon. baronet, sir james graham arrived in argyll street from the home office, and had an interview with sir robert peel. sir r. peel left his colleagues at a quarter-past four o'clock for the terminus at london bridge, and travelled by the london and brighton railway to brighton, to dine with her majesty and prince albert, remaining at the pavilion, on a visit to her majesty. music and musicales. manchester musical festival.--this great festival--one of the greatest and finest musical events that ever occurred in manchester--was held in the magnificent hall of the anti-corn-law league, the length of which is feet, the breadth feet, inclosing an area of about , square feet. the services of all our principal vocal artists were secured. the _soprani_ were miss clara novello and miss rainforth; the _alto_ or _mezzo soprano_, mrs alfred shaw; the _tenori_, mr braham and mr james bennett; and the _basso_, mr henry phillips. the choir was the most complete and efficient one ever collected in manchester, and consisted of nearly the whole of the vocal members of the manchester choral society and the hargreaves choral society, with some valuable additions from the choirs of bury and other neighbouring towns, and from gentlemen amateurs, conversant with handel. the _messiah_ was the performance of monday night; and, on the whole, was executed in a style worthy of that great work of art, the conductor being sir henry bishop, who wore his robes as a musical bachelor of the university of oxford. on tuesday there was a grand miscellaneous concert, the hall being even more numerously attended than on the preceding evening, there not being fewer than , persons present. this went off with very great satisfaction to the very numerous auditory; and the _manchester guardian_ says, "as to the general impression produced by this festival, we believe we do not err in saying that there is but one opinion,--that it has been throughout an eminently successful experiment. sir henry bishop, we understand, said that he never heard choruses sung with better effect in his life; and that he considered the festival, as a musical performance, most creditable to every one connected with it. as to the capabilities of the hall for singing, we are informed that miss clara novello has declared that she never sang with more ease in any place in her life; and we think the ease with which she did sing was obvious to all who could see her countenance. we have asked many persons who sat in different parts of the hall, especially in distant corners, and all concur in saying that they heard most distinctly miss novello's softest and faintest notes." musical intelligence.--rubini is about to establish an opera at st petersburg, and has engaged his old colleague, tamburini, to assist him in the enterprize. he has also engaged signor pisani, a young tenor of great promise. lablache will not appear at the opening of the italian opera in paris. he has gone to naples, where he will remain for two months, and where he is to be joined by his son-in-law, thalberg. a grand musical festival, which was to have taken place in paris on thursday next, has been postponed till the beginning of october. it is said that this festival will rival those of germany in splendour. the hereford musical festival, which was held on tuesday, wednesday, and thursday, in all saints church, in consequence of the repairs going on at the cathedral, was on a much smaller scale than of late years has been usual with the three choirs, and the attendances at the various performances were by no means so numerous as had been generally expected; still, as the expenses had been studiously kept down, it is to be hoped the receipts may cover them, or nearly so. the collections after the three services amounted to _l._, being _l._ less than in , but _l._ more than in .--_cheltenham looker-on._ rossini has just left paris without its having been possible to procure a note from him. every effort has been fruitless. unwilling to hear one word said of music, rossini has not even been to the opera. he is returning to bologna, cured of a painful disease by doctor civiale, who, with reason, seemed to him a far more important personage than duprez. it is said that rossini replied to the great tenor, who asked him for a part, "i have come too early, and you too late."--_french print._ the metropolis. the aldermanic gown of bread-street ward.--it is supposed that there will be a hard contest for the aldermanic gown of bread street, vacant by the resignation of alderman lainson, who on thursday last addressed a letter to the lord mayor, announcing his determination to retire, in consequence of ill health. metropolitan improvements.--the works are now about to commence in good earnest for forming victoria park. great progress is being made by the commissioners of the metropolis improvements in the formation of the new street at the west-end. the new street leading from oxford street to holborn has been marked out by the erection of poles along the line. last week several houses were disposed of by auction, for the purpose of being taken down. some delay has arisen in respect to the purchase of the houses which have formed the locality known as little ireland. among the buildings to be removed is the chapel situated at the top of plumtree street. in this street the whole of the houses on the west side will be shortly removed, for the new street which will lead from waterloo bridge. in belton street, in the line for this intended street, the inmates of several houses received notice to quit yesterday. the occupiers of the several houses forming the clump at the end of monmouth street, in holborn, have also received similar notices. similar progress has been made with the new street communicating between coventry street and long acre. the line has been cleared from castle street to long acre on the east. on the west side the inmates of the houses, it is expected, will in a few days have notice to quit. improvements will also be made between long acre and st giles's; and in upper st martin's lane the whole of the houses on the west side will be removed, the greater part of which are already taken down. report on the model prison.--the commissioners appointed to superintend the management of the pentonville prison have just presented their report for the approval of the secretary of state. the report states, that it is the intention of the secretary of state to appropriate the prison to the reception of convicts between eighteen and thirty-five years, under sentence of transportation not exceeding fifteen years; and that the convicts so selected shall undergo a term of probationary discipline for eighteen months in the prison, when they will be removed to van diemen's land under their original sentences. returns of the royal mint.--the master of the mint has issued his annual return of the work done in the refinery of the mint, and of the assays made during the past year on other accounts than those of government, and of public and private bodies, in conformity with an order of the house on a motion made by mr hume. the return estimates the amount of bullion refined in the year , under this head, at lbs oz. dwts. of gold, and , lbs. oz. of silver, the amount received by the refiner being about _l._ the number of assays made in the same period is put down at , , at a rate of charge of s. for each assay. post-office law.--it may be interesting at this season, when so many persons who are out of town have their letters forwarded to them in the country, to see the answer to an inquiry whether a letter forwarded after delivery at one address to another in the country is liable to second postage:--"general post office, sept. , .--sir,--i am commanded by the postmaster-general to inform you, in reply to your communication of the th ultimo, that a letter re-directed from one place to another is legally liable to additional postage for the further service. i am, sir, &c. &c." singular employment of the police.--under an order recently issued by the commissioners of the metropolitan police, a number of the officers of each division have been actively engaged in collecting information and making out a return of all new houses completed since the year , in which year the police force was established; all new houses commenced but not finished; all new churches, new chapels, new schools, and other public buildings; all new streets and squares formed since that period, with their names and the name of the neighbourhood. the provinces. sanitary state of liverpool.--a mr henry laxton has published a very thin pamphlet, in the shape of a letter to dr lyon playfair, who has been appointed, under the commission of inquiry, to examine and report upon the unhealthy state of liverpool. but though mr laxton's pamphlet is very small, it exposes evils too complicated and large to be remedied without vigorous, continuous, steadily-applied exertion. groups of houses packed together, with scarcely room for the inhabitants to stir; open cesspools continually sending up their poisonous exhalations, and in hot or wet weather so infesting the air as to render it almost insupportable; smoke from the factories and steam-vessels, which, when the wind is westerly, covers the town, blackening the buildings, soiling goods, and, mixing with the other gases already generated, forming one general conglomeration of deleterious vapours; the state of the inhabited cellars; the neighbourhood of which exhibits scenes of barbarism disgraceful for any civilised state to allow; an inefficient supply of that great necessity of life--water; inefficient drainage, which is only adapted to carry off the surface water;--these are but a sample of the general state of liverpool, and at the same time very distinct and efficient causes of its excessive mortality. sheffield.--it is now understood that there will be no immediate vacancy for sheffield, and that both mr ward and mr parker will retain their seats. henry damar, esq.--the _dorset chronicle_ publishes a long account of the festivities which took place at milton abbey, in dorsetshire, on the th instant, on the occasion of the coming of age of the proprietor, henry damar, esq. proposed public meeting in birmingham.--on monday a deputation waited on the mayor of birmingham, with the requisition requesting him to call a public meeting to petition the queen to dismiss her present ministers. the requisition was signed by nearly one thousand merchants, manufacturers, and shopkeepers of the town. there was not the name of a working man attached to it. the mayor, however, declined calling the meeting, observing, that although he might not act in accordance with the wishes of many most respectable individuals in the town, he had made up his mind not to call the meeting. attendance of the lancashire members of the house of commons in the session of .--the total number of divisions in the house of commons, during the session of , was , in which there voted-- times. . joseph brotherton salford . dr bowring bolton . lord stanley n. lancashire . william sharman crawford rochdale . thomas greene lancaster . charles hindley ashton . sir howard douglas liverpool . john wilson patten n. lancashire . john ireland blackburne warrington . viscount sandon liverpool . john fielden oldham . john hornby blackburn . peter greenal wigan . thomas milner gibson manchester . sir george strickland preston . hon. richard bootle wilbraham s. lancashire . edward cardwell clitheroe . william fielden blackburn . peter ainsworth bolton . general johnson oldham . george marton lancaster . mark philips manchester . sir peter hesketh fleetwood preston . richard walker bury . lord francis egerton s. lancashire . charles standish wigan destructive fire at halifax.--we regret to learn that a fire broke out early on saturday morning, in the warehouse of messrs james acroyd and son, worsted manufacturers, bowling dyke, near halifax, when the building, together with a large quantity of goods, was entirely destroyed. we understand that messrs acroyd were insured to the extent of six or seven thousand pounds, but that the loss considerably exceeds that amount. chester cheese fair.--at this fair on wednesday last, the first of the season for this year's make, about tons of new cheese were piled for sale. early in the morning several dairies went off briskly, but as the day advanced sales became heavy. prices ranged from s. to s. per cwt., according to quality. we hear that the make this season has been above an average one. new college, near oxford.--a correspondent states that it is intended to establish at littlemore, near oxford, a college, in which young men holding tractarian views may be trained for missionary labour in connexion with the established church. the right rev. dr coleridge, formerly bishop of barbadoes, will be the principal of the institution. chatham.--a general court-martial was held on wednesday, the th inst., in the general court-martial-room, chatham barracks, for the purpose of trying lieutenant j. piper, of the th cameronian regiment. the trial lasted four days, terminating on saturday, the th inst. the charges alleged ungentlemanly and improper conduct. the prisoner's defence being closed, the court broke up. the sentence of the court will not be known until the evidence has been laid before the commander-in-chief at the horse guards. the prisoner is about years of age. the trial excited the greatest interest throughout the garrison. it is said that there are at present upwards of , visitors congregated at harrogate; and all the other watering places in the north of england, scarborough, seaton, carew, redcar, tynemouth, shotley bridge, gilsland, as well as the lakes, are teeming with gay and respectable company. ireland. repeal association.--on monday the usual weekly meeting of the repeal association was held at the corn exchange, dublin. the week's "rent" amounted to _l._, of which _l._ was from mr baldwin, a paper manufacturer of birmingham, who is of opinion that ireland would be of greater benefit to england with a domestic legislature than she was at present. repeal meetings.--a repeal meeting was held on sunday last at loughrea, a town in the county of galway, about ninety miles from dublin. it was attended by mr o'connell, who as it was raining in torrents, addressed the people from under the shelter of an umbrella. amongst other things in his speech, he said,--"believe me, my friends, that if you follow my advice, the day is not far distant when you shall have your parliament restored in ireland. i am working the plan out. i have it in detail. i will have this protective society of sitting before christmas, and i hope to be able to give you, as a new year's gift, a parliament in college green. (cheers.) people of ireland, you deserve it. brave, noble-minded people of ireland, you deserve it. faithful, religious, moral, temperate people of ireland, you deserve to be a nation, and you shall be a nation. (much cheering.) the saxon stranger shall not rule you. ireland shall belong to the irish, and the irish shall have ireland." (hurrah.) there was a dinner in the evening, at which about persons were present. branding of arms in ireland.--government has entered into a contract with mr grubb, the scientific and very able mechanist of the bank of ireland, for the construction of the machine intended to be used in marking the arms under the new law--they are not to be subjected to the operation of punching, still less, as some strangely supposed, to the notion of fire. the letters, or figures, will be marked by cutting; and, so simple and ingenious is the method employed, that the most unskilful workman, even an ordinary person unpractised in any trade, can effect the process with the most perfect ease. four figures and two letters are expected to suffice for designating the county or riding of a county, and the number of the piece; the time occupied in the engraving will be one minute. the expense will be extremely moderate; the cost of each machine being, we understand, only twenty-five guineas, one-half of which, by law, will be defrayed out of the consolidated fund, the other half by the county.--_evening mail._ scene at the phoenix park.--an extraordinary scene took place on saturday, at the viceregal lodge, between the military on duty and a person named thomas campbell, who is, it would appear, insane. thomas campbell, it appears, is a very powerful young man, about thirty years of age, and a native of the north road, drogheda. at the lodge, in the phoenix park, he asked to see the lord lieutenant; but, being armed with a pitchfork and a hammer, he was not considered an eligible visitor, and after a desperate struggle with the guard, whom he kept at bay, he was knocked down and secured by a police constable. the meeting of tuesday of the repeal association, adjourned over from monday, was enlivened by the presence of mr o'connell, without whom all its proceedings would be "stale, flat, and unprofitable." it again adjourned till wednesday; and, on that day, mr o'connell read an address to the people of great britain, setting forth the grievances of the people of ireland. after the reading of this document, which is long, and certainly ably drawn up, the association adjourned till monday. military defences.--before the winter sets in every barrack in ireland will be in a state of defence, fit to hold out against an insurgent assault. in fact, everything will be prepared, excepting the insurrectionary force; and certainly there does not at present appear to be much chance that the strength of the fortifications will be tested. * * * * * repeal demonstration in liverpool.--some days ago public announcements were made that two days' "demonstration" would be made in this town, in favour of the repeal of the union, and that mr daniel o'connell, jun., youngest son of the liberator, and one or two others of inferior note would attend. the meeting took place on tuesday night last, in the amphitheatre, which was crowded, by not less than between , and , persons. shortly after the doors were opened it appeared evident that a considerable body of orangemen were dispersed in different parts, from partial sounds of the "kentish fire," and other circumstances. mr o'connell, and the gentlemen accompanying him, arrived about half-past seven, and the chair was taken by mr james lennon, who was described as an "inspector of repeal wardens in liverpool." he delivered a short speech in favour of repeal, during which he was repeatedly interrupted by the orangemen, and some confusion followed.--mr fitzgerald moved the first resolution, which was supported by mr daniel o'connell, jun. his retirement was the signal for the commencement of an uproar which almost defies description. there appeared an evident determination that the proceedings should be stopped; for fights commenced in different parts, many of the benches were torn up, and a sort of attack was made upon the stage by a few orangemen who were in the pit. the police were very active in endeavouring to secure the assailants, several of whom were seriously hurt; and a few of them having been removed from the building, order was eventually restored, and, with a few trifling exceptions, it was preserved to the end of the proceedings. scotland. the working of the measure of the past session, denominated the church of scotland benefices act, will soon be tested, and is now undergoing the ordeal of proof, in consequence of objections lodged by the parishioners of banff, with the presbytery of fordyce, against the presentation, induction, and translation of the rev. george henderson, now incumbent of the church and parish of cullen, to the cure and pastoral charge of the church and parish of banff. the rev. mr grant, formerly parochial minister of banff, ceased to hold his _status_ in the established church of scotland, having signed the famous deed of secession, and voluntarily resigned his living with his brethren of the non-intrusion clergy. a large portion of his congregation left the establishment along with him, and a free church is now in course of being built for their accommodation. the patronage of the vacant benefice is in the gift of the earl of seafield. the rev. mr henderson, of cullen, has accepted the presentation to the parish church of banff. on the day appointed for "moderating on the call," very few names were given in, in favour of the presentee, and the presbytery having fixed a day for receiving objections, a series of reasons and objections was lodged in the hands of that reverend body, and published at length in the _aberdeen herald_, against proceeding with the collation of mr henderson. the objections are set forth under no less than fourteen different heads. "the approaches and manners" of the reverend gentleman are not considered such "as to attach and endear his congregation to him." he is reported to be subject "to an occasional exuberance of animal spirits, and at times to display a liveliness of manner and conversation which would be repugnant to the feelings of a large portion of the congregation of banff." others of the objections assert, that his illustrations in the pulpit do not bear upon his text--that his subjects are incoherent and ill deduced; and the reverend gentleman is also charged with being subject to a natural defect of utterance--a defect which it is said increases as he "extends his voice," which is of a "very harsh and grating description," and renders it difficult to hear or follow what he says in the church of banff, which we are informed "is very large, and peculiarly constructed, with an unusually high pulpit, to suit the high galleries;" and moreover, "the said rev. george henderson is considered to be destitute of a musical ear, which prevents the correct modulation of his voice!" argyllshire election.--- the election of a member of parliament for the county of argyll, in the room of alexander campbell, esq., of monzie, who has accepted the chiltern hundreds, took place at inverary on friday week. the lord advocate (mr duncan m'neill), the only candidate in the field, was accompanied to the hustings by a great number of the county gentlemen; and no other candidate having been brought forward, a show of hands was consequently taken, which being perfectly unanimous, he was, of course, declared duly elected.--_glasgow saturday post._ the speaker of the house of commons, mr shaw lefevre, has been on a visit at glenquoich, the shooting quarters of edward ellice, esq., m.p., in this county. the right hon. edward ellice, m.p. for coventry, the baron james de rothschild, and other members of the rothschild family, were also at glenquoich.--_inverness courrier._ wales. the disturbances in wales still continue, though the apprehension of some of the rioters who destroyed the pontardulais gate has had some effect. the following distressing scene is reported in the _times_:-- "outrage in south wales.--on the road from llanelly to pontardulais, and within five hundred yards of the latter place, is a turnpike-gate called hendy gate. this gate was kept by an old woman upwards of seventy years of age, who has received frequent notices that if she did not leave the gate, her house should be burnt down. about three o'clock on sunday morning, a party of ruffians set fire to the thatch of the toll-house. the old woman, on being awakened, ran into the road and to a neighbouring cottage within twenty yards of the toll-house, shouting to the people who lived in it, 'for god's sake to come out and help her to put out the fire; there was not much.' the occupier of this cottage, a stout able man, was afraid to go out, and begged the old woman to come into his cottage, which she refused, and went back to try and save some of her furniture. it appears her exclamation had been overheard, for the villains returned and set fire to the thatch again. the old woman then ran across the road, and shouted out, 'she knew them;' when the brutes fired at her, and shot her dead." an inquest was held on the body of the unfortunate woman, and the jury returned the following astounding verdict:--"that the deceased died from the effusion of blood into the chest, which occasioned suffocation, but from what cause is to this jury unknown." meetings of the magistrates, in relation to the turnpike trusts, have been held, and measures taken to mitigate the heaviest tolls. foreign. france. louis philippe has had a remarkable history; but it has been distinguished to an extraordinary degree by its vicissitudes, amongst which we must not forget his involuntary exile, and his residence in this country, where he lived for many years as duke of orleans. a worse man than his father it would be difficult to imagine. he was a vain, ambitious, and cowardly voluptuary, who gratified his personal passions at the expense of his sovereign and his country; but his son was reared in a different school, and to that accident, conjoined with a better nature, he probably owes the high position which he now occupies as a european monarch. misfortune is a stern teacher, and its effects on louis philippe may be exemplified by a little story that was told of him and lord brougham some years ago:--"i am the most independent crowned head in europe," said he, "and the best fitted for my office of all my brethren." the praise might be deserved, but it seemed strange to the _ex_-chancellor that it should come from his own mouth--he, therefore, bowed assent, and muttered some complimentary phrases about his majesty's judgment, firmness, and the like. "pooh, pooh, my lord," he observed, laughing heartily, "i do not mean that--i do not mean that, but that i can--brush my own boots!" this was practical philosophy, and indicated a clear perception of the constitution of modern society, particularly on the part of one who is known to be by no means indifferent to the fortunes of his race. we believe, also, that louis philippe has been happy beyond most men of regal rank in the possession of an admirable woman for a wife, the present queen of the french being, in all respects, a lady of superior intelligence and virtue; properties which are luckily confined to no condition of life, and to no country or creed. she has shared in all her husband's troubles during the last eventful forty years, and now adorns that throne which the exigencies of the times demanded that he should fill if the french monarchy was to be preserved. her attention to her children has been unremitting, and the result is, that high though their position be, a more united household nowhere exists. spain. the ministry has been on the point of dissolution. general serrano, angered at the contempt shown to his denunciations and lists of conspirators, by the home minister, caballero, gave in his resignation. general serrano demanded the dismissal from madrid of more suspected persons. senors olozaga and cortina intervened, however, and made up the quarrel, ordering the _gazette_ to declare that the most perfect harmony reigned in the cabinet. this the _gazette_ did. mr aston has demanded his audience of leave, and quits madrid on the th. grenada has blotted the name of martinez de la rosa from its lists of candidates, though he had formerly been elected for that place. m. toreno is expected at madrid. senor olozaga sets out for paris, to try and persuade christina to be patient, for that her presence previous to the elections would rather militate against her party. at madrid the anniversary of the revolution of , which drove queen christina from the regency, was celebrated by a _te deum_, chanted in the church of san isidro, on the st, and at which assisted the ayuntamiento and provincial deputation. barcelona has been in open insurrection, and a sanguinary conflict commenced on the evening of the rd, which continued with intermissions till the th. later intelligence stated that the town still held out. on the th the state of things at barcelona was nearly the same. one of the great accusations of mm. prim, olozaga, and the french party, against the regent was, that instead of carrying barcelona and other towns by storm, he fired upon them with muskets and with cannon. generals arbuthnot and prim have pursued precisely the same course, and we see montjuich again throwing bullets upon barcelona, and with all this making no progress in its reduction. accounts from barcelona of the th, mention that several mansions were damaged. three cannon shots had traversed the apartments of the british consul. prim's own volunteers of reus had taken part against him, and many of the towns had declared for the central junta. a rural junta of prim's had been surprised at sarria, and several of its members slain. a central junta had been formed at girona. madrid letters of the th state that government were about to dismiss a great many superior officers and functionaries opposed to them. the partisans of don francisco have decidedly joined the esparterists. austria and italy. the _siècle_ says that austria was much alarmed at the state of italy. "the necessity which austria finds to defend her italian possessions by arms is highly favourable to the projects of russia against the danubian provinces of the ottoman empire." the _national german gazette_ of the th instant states, that the fortifications of verona are being considerably strengthened. the heights surrounding the town are to be crowned with towers _à la montalembert_, so that the city will become one of the strongest fortresses in italy. the hungarian infantry, of which the greater part are cantoned in upper italy, are actively employed in the construction of the fortifications. turkey. constantinople, august .--petroniewitch and wulchitch have at length consented to leave servia, and are probably at this time in widin, on their way, it is said, to constantinople. the province has been confided to the care of baron lieven and m. vashenko, who are the actual governors. but the most important feature in the question is a note which the ex-prince michael has addressed to the porte. he declares that the election of alexander kara georgewitch was brought about by violence and intimidation, and that he and his ministers are the only faithful servants of the porte, and, consequently, the only persons fit to govern servia. it is generally believed that the russians have been privy to this step, and that it is their intention to put forward michael a second time in opposition to alexander. a daughter was born to the sultan on the th. she has been named _jamileh_, or the beautiful. the event has been celebrated by the usual illuminations and rejoicings. the sultan has been the father of nine children, seven of whom, two sons and five daughters, are now living. egypt. it is said that a misunderstanding exists between mehemet pacha and his son ibrahim, relative to the succession to the throne of egypt; mehemet proposing that abbas pacha, his grandson, should succeed after the death of ibrahim, whilst the latter would wish his own son to succeed him. united states. arrival of the "hibernia" at liverpool, on wednesday.--great interest has been excited here for some days past respecting the voyage of the _great western_ and the _hibernia_, the former leaving new york on the st ult., and the latter, boston on the st. the betting has been in favour of the _hibernia_, and she has again beaten her great rival. on tuesday, at midnight, her lights were seen off the port, and at one o'clock she entered the river, after another rapid passage of nine days from halifax, and eleven from boston. the news by this arrival is from new york to the st, boston to the st, and halifax to the rd; sixteen days later than previously received by the new york packet ship, _liverpool_. the _new york american_, in its summary for the packet, says:--our commercial and money markets continue without sensible change, both abounding in supply without any corresponding demand. the trade of the interior is prosecuted cautiously, and for money in hand. political affairs are exceedingly dull and uninteresting; even the irish repeal speakers are quiet. the progress of the pacification between mexico and texas, and mexico and yucatan, is slow and somewhat uncertain. the president of texas, general houston, has dismissed commodore moore and captain sothorp from the naval service for disobedience of orders. indeed, the texan navy may be said to have been disbanded. the people of galveston thereupon gave moore a public dinner, and burnt their president in effigy! the mexican government has formally complained to the united states minister at mexico, of the inroads of certain citizens of illinois, missouri, and arkansas, into the mexican territory. advices from buenos ayres to the end of june, describe monte video as still holding out; and it was reported in buenos ayres that the british commodore would at length allow commodore brown, the buenos ayrean commander, to prosecute the siege of monte video by sea, in conjunction with oribe by land. a new constitution has been agreed upon by the republic of ecuador, establishing the roman catholic religion as the state religion, "to the _exclusion_ of all other worship," and the bishop of quito, in an address to which the people responded favourably, proposed that "ecclesiastics should be henceforth made sole judges in all questions of faith; and be invested with all the powers of the extinct tribunal of the inquisition!" the bishop then published a "pastoral lecter," to "make known the glad tidings." and yet the people of ecuador, without religious freedom, call their country a free republic! philadelphia.--the president has returned from his country seat to washington, and although some alterations in the cabinet are spoken of, still the results of the august elections, showing that a majority in the united states senate will be whig, have produced a pause in the contemplated changes. indeed, people are beginning to complain, and not without reason, of such frequent changes in important offices. for example, within three years there have been three secretaries of state, three of war, three of the treasury, three of the navy, three attorneys-general, and three postmasters-general. some of them have really not had time to learn their duties, and they have been succeeded by others who knew still less of the duties and responsibilities of office. canada. sir c. metcalfe has returned to the seat of his government at montreal. the emigrants from great britain arrived this season at quebec, up to the th ult., were , ; same time last year, , . a few days ago, a party of irish labourers, who had received, as they supposed, some offence from a few canadians, at beauharnois, attacked and nearly killed two respectable old inhabitants, who had nothing to do with the affair. another great fire at toronto has burnt about twenty houses; and the methodist meeting at waterloo has been burnt down by some incendiary. the crops in both the canadas are abundant. american coarse cottons are sold there in great quantities, at a lower price than european goods of the same class. * * * * * arrival of the emperor of russia at berlin.--the emperor of russia arrived on the th instant at berlin. the disturbances at bologna.--a letter from bologna, september , in the _debats_, says:--"notwithstanding the nomination of a military commission, and the display of numerous forces, some armed bands have again appeared, as is reported, in our province. one was commanded by a priest at castel-bolognese (district of ravenna). this state of things does injury to trade and business of every description. the greatest number of depositors have withdrawn their funds from the savings' banks. a circular has been sent round to all the mayors of the province, giving a description of eight persons, for the arrest of each of whom a sum of crowns ( , f.) is offered." colonies and emigration. emigration during the last seventeen years.--from a return furnished by the emigration board, it appears that the number of emigrants from england and wales, in the seven years from to , were , , or an average of , yearly; in the ten years from to , , , or , per annum. total number in the last seventeen years, , ; or an average for that period of , . but the rate of emigration has greatly increased of late years, as is shown by the fact, that while the emigration of the seven years ending averaged only , per annum, that of the last ten years (ending ) averaged nearly , per annum. new south wales.--the monetary and commercial disasters which have afflicted this important colony are most serious, and they are thus alluded to by the colonial press:--"our next mail to england will carry home the tidings of fresh disasters to this once flourishing colony. the fast growing embarrassments of , and the insolvencies of , have been crowned in the first third of the year , by the explosion of the bank of australia, then by the minor explosion of the sydney bank, and, last of all, by the run on the savings bank. these three latter calamities have come in such rapid succession, that before men's minds recovered from the stunning effect of one shock, they were astounded by the sudden burst of another; and we are convinced that at the present moment there is a deeper despondency and a more harrowing anticipation of ruin to the colony than ever existed before since the landing of governor philip, in ."--the run upon the savings bank at sydney originated, it is said, from malice against mr george miller, the accountant, whose exertions had been very useful in exposing the mismanagement of the bank of australasia. reports were circulated that the governor had gone suddenly down to the savings bank and demanded a sight of all the bills under discount and mortgages, and that his excellency declared that he would not give three straws for all the securities put together; but this statement regarding his excellency is flatly contradicted. many of the largest holders of land and stock in the colony are said to be so irretrievably embarrassed, by reason chiefly of the high prices at which their investments were made, that their property must go to the hammer without reserve. the present time is, therefore, held out as a favourable opportunity for emigrants, with moderate capital, to make their purchases. it is broadly declared that _l._ would go as far now in new south wales, in the purchase of land and live stock, as would , _l._ four or five years ago. australia has been, in some respects, unlucky in its colonization. new south wales has hitherto flourished from its abundant supply of convict labour, at the expense of those higher interests which constitute the true strength and security of a state. western australia was planted with a sound of trumpets and drums, as if another _el dorado_ were expected. but the sudden disaster and discredit into which it fell, linked the name of swan river with associations as obnoxious as those which were once inspired by the south sea or missisippi. south australia, again, planned on principles which are universally recognised as containing the elements of sound and successful colonization, has also proved a failure. one of the newest and most enterprising of our australian settlements, that of port philip has been sharing with sydney in the recent commercial distress and calamity; and though it is already getting over its troubles, it must undergo a painful process before it can lay an unquestioned claim to its title--australia felix. land jobbing; banking facilities at one time freely afforded, and at another suddenly withdrawn; ventures beyond the means of those engaged in them; imprudent speculations, in which useful capital was either rashly risked or hopelessly sunk--these unquestionably have been amongst the causes which have brought on the commercial disasters of new south wales. it is seldom advantageous for an emigrant, newly arrived, to become a proprietor of land in any part of australia, unless his capital be considerable; but the eager desire to become possessed of the soil overcame all prudential considerations; land at port philip was eagerly bought, at prices varying from _s._ to _l._ in the influx of moneyed immigrants from england and van diemen's land, to a newly-discovered and extensive territory, produced a land fund exceeding the sum of , _l._, and engagements were entered into by the colonial government, on the faith that the land fund would produce annually a large amount, but in it fell down to , _l._; and though in as much as _l._ _s._ per acre was given for building ground in the town of brisbane, district of moreton bay, it was impossible for this to continue; and even for valuable lands in the neighbourhood of sydney, in the very same year, wholly inadequate prices were obtained. the colonial government became embarrassed by the expenditure exceeding the revenue; and in , sir george gipps, in an official despatch, says, "pecuniary distress, i regret to state, still exists to a very great, and even perhaps an increased, degree in the colony, though it at present shows itself more among the settlers (agriculturists or graziers) than the merchants of sydney. when, however, i consider the vast extent to which persons of the former class are paying interest, at the rate of from to per cent., on borrowed money, i can neither wonder at their embarrassments, nor hope to see an end to them, except by the transfer of a large portion of the property in the colony from the present nominal holders of it to other hands, that is to say, into the hands of their mortgagees or creditors, who, in great part, are resident in england." this official prophecy is now in the act of fulfilment; and when the storm has spent itself, the colony may be prosperous again. cape of good hope.--the want of government protection which is felt by the british resident at the cape of good hope is well illustrated by the following extract from a letter addressed by the writer to his family at home:--"i am sure i shall be able to get on well in this country if the caffres are only prevented from doing mischief, but if they go on in the present way, i shall not be able to keep a horse or an ox, both of which are indispensable to a farmer. now i can never assure myself that when i let my horses go i shall see them again. it is a disgrace to our government that we are not protected. as it is, all our profits may be swept away in one night by the marauders." new zealand.--we understand a box of specie was placed on board the _thomas sparkes_, in charge of the captain, for mr chetham. on the owner opening the box, he discovered to his great surprise that, by some unaccountable process on the voyage, the money--gold, had been turned into one of the baser metals--iron. it is stated that the steward left at plymouth, and the first and second mates whilst the vessel was detained at the cape, but whether they had any agency in the transmogrification of gold into iron remains to be proved.--_new zealand gazette_, feb. , . political. the abortive commercial negotiations with spain.--senor sanchez silva, known for his speeches in the cortes, as deputy for cadiz, has published, in an address to his constituents, an account of the negotiations between the spanish and british governments relative to a treaty of commerce. the effect of this publication will be to undeceive the minds of spaniards from the idea that the regent's government was about to sacrifice the interests of spain, or even of catalonia, to england. the terms proposed by the spanish commissioner were, indeed, those rather of hard bargainers than of men eager and anxious for a commercial arrangement. senor silva says that england, in its first proposals, demanded that its cottons should be admitted into spain on paying a duty of per cent., england offering in return to diminish its duties on spanish wines, brandies, and dried fruits. but england, which offered in to reduce by one-third its duty on french wines, did not make such advantageous offers to spain; and the spanish negotiators demanded that per cent. _ad valorem_ should be the limit of the import duty of spanish wines and brandies into england, as it was to be the limit of the duty on english cottons into spain. this demand nearly broke off the negotiation, when spain made new proposals; these were to admit english cottons at from to per cent. _ad valorem_ duty, if england would admit spanish brandies at per cent. _ad valorem_ duty, sherry wines at per cent., and other wines at per cent., exclusive of the excise. moreover, that tobacco should be prohibited from coming to gibraltar, except what was necessary for the wants of the garrison. the english government, in a note dated last month, declared the spanish proposals inadmissible. if the spanish government did not admit the other articles of english produce, the duty on spanish wines could not be reduced. english cottons were an object of necessity for the spanish people, and came in by contraband; whereas spanish wines were but an article of luxury for the english. senor sanchez silva concludes, that it is quite useless to renew the negotiations, the english note being couched in the terms of an _ultimatum_. correspondence and answers to inquiries. london, september , . sir,--i have read your preliminary number and prospectus, and the first number of your new periodical, the economist, and it gives me pleasure to see the appearance of so able an advocate of free trade, the carrying out the principles of which is so necessary for the future welfare and prosperity of the country, and the relief of the distress which is more or less felt in all the different departments of industry. i belong to the class who have their sole dependence in the land, and have no direct interest in trade or manufactures; and feel as strong a wish for the prosperity of agriculture as the duke of buckingham, or any other of the farmer's friends; but i consider the interests of all classes of the community so intimately connected, and so mutually dependent on one another, that no one can rise or prosper upon the ruins of the others. like your northumberland correspondent i am fully convinced of the impolicy and inefficiency of "restrictive corn laws," and of the benefit of "the free-trade system" for the relief of the agricultural, as well as of the manufacturing, the shipping, or any other interest in the country; and i should also be glad if i could in any way assist "in dispelling the errors respecting the corn trade that have done so much harm for the last twenty (eight) years." the intention of the corn law of was to prevent the price of wheat from falling below s. per quarter; and it was the opinion of farmers who were examined on the subject, that less than s. or s. would not remunerate the grower, and that if the price fell under these rates, the wheat soils would be thrown out of cultivation. prices, however, fell, and though they have fallen to one half, land has not been thrown out of cultivation. various modifications have since been made in the scale of duties, but always with a view to arrest the falling prices in their downward course; but all these legislative attempts have been in vain; and so far as the farmer trusted to them, they have only misled him by holding out expectations that have not been realized. but though the corn laws failed in keeping up the price of corn as high as their framers and supporters wished, they succeeded so far as to enhance the price of this first necessary of life, and make it perhaps or per cent. dearer than it otherwise would have been to all the consumers, even the poorest tradesman or labourer in the country. if the difference which the agriculturists were enabled, by this monopoly, to obtain at the expense of the other classes, had all been pure gain, without any drawback, they must have been in a comparatively flourishing condition; but we find this is not the case, and what is the reason? let us hear sir robert peel's answer to the question. in his speech in parliament on mr villiers's motion, when replying to the accusations that had been made by mr blackstone and other members on his own side of the house, that he had deceived the agriculturists, as the government measures, instead of affording them the protection that was promised, had brought down prices and rendered their situation worse than before, sir robert says, it was not the government measures that had brought down prices and occasioned the agricultural distress, but that this arose from the _condition of the manufacturing districts, and the general distress from bad trade and want of employment, which rendered the people unable to consume_. if this, then, is the true cause of the agricultural distress,--if the corn, sugar, and other monopolies are so injurious to the manufacturing and commercial classes, who are the agriculturists' best, and, indeed, their only customers, as to render them unable to consume, it is not to class legislation that we can look for relief. in order to relieve the agricultural distress there is no other way than to relieve the distress of those on whom they depend for a market for their productions. were the farmer (or rather the landed proprietor) to gain all that the consumer loses by the corn monopoly,--if it were only taking from one, and giving to another--without any national loss; though this of itself would be bad enough,--it is perhaps the smallest part of the loss which the manufacturer sustains; for the same law which hinders him from going to the best and cheapest market to purchase his food, at the same time necessarily excludes him from a market for the produce of his industry; and by diminishing the demand for his labour, lowers his wages or throws him out of employment. but one abuse leads to another. those who are interested in the corn monopoly, or think themselves so, cannot well oppose the sugar monopoly while they require the aid of the west india planters to enable them to obtain this advantage at their country's expense; and so it is with all the other monopolists, they naturally unite together, and it requires their mutual aid and all their combined power and influence to preserve a system which they know stands upon rather an insecure foundation, and if once broken in upon would soon fall to pieces; and thus it is that we are subjected to the sugar monopoly, and though it is manifestly our interest to buy this important necessary of life (as well as every other) in any quarter of the globe where we can find it best and cheapest, we are restricted to a small portion of the earth's surface, and have to pay a third part more than we might obtain the article for without any loss to the revenue. by this narrow-minded system of buying, we deprive ourselves of valuable markets for our manufactures, as you have shown is likely to be the case with the brazils on the expiry of the commercial treaty with that country if the matter is left in the hands of ministers, "and no effort made to avert so great an evil." the agriculturists have to pay directly for this monopoly in common with all the other classes in the addition to the price of the sugar they consume; but the manufacturers suffer the still greater disadvantage of having the market for the produce of their labour narrowed, and thus the agriculturist will also suffer indirectly by their customers being thereby still farther disabled to consume. but these and all other monopolies and restrictions in trade not only lessen the demand for our manufactures abroad, but they diminish the consumption at home, to an extent greater perhaps than we are aware of; for there can be no doubt that the more the consumer has to pay for his bread, sugar, and other articles of food, the less he will have to spare for cottons, woollens, and other manufactured commodities. the demand for his labour is thus lessened both at home and abroad. the weaver of cloth may be unable to obtain a coat even of his own manufacture, however necessary it may be for his health and comfort; he must have food, in the first place, being more indispensibly necessary to his existence,--no doubt he may have to content himself with a less quantity than he could have wished, and have to substitute oatmeal and potatoes, or some other inferior food for wheaten bread and butchers meat; still, it is less in his power to curtail the consumption of agricultural produce than of manufactures, so that the manufacturing classes suffer from the general distress which renders the people unable to consume in a greater degree than the agriculturist. r.t.f. * * * * * to the editor of the economist. darlaston, september , . sir,--twelve months ago the editor of the _morning chronicle_ allowed a letter of mine, referring to the distress then prevailing in this town, to appear in that journal; in it i stated that for our annual wake only twenty-four cows had been killed, when but a few years previously ninety-four had been slaughtered on a similar occasion. perhaps you will permit me to state in your columns that this year the festival, in this particular, has afforded as melancholy and unquestionable proof of distress as the last, while it bore other evidence, which though trivial in itself, is not unworthy of notice. last year two theatrical shows visited us, displaying their "red barn" tragedies, and illuminated ghosts, at threepence per head, at which they did well; as also did a tremendous giantess, a monstrously fat boy, and several other "wonderful works of nature:" this year only one show of any description attended, and that, with kings and queens, and clowns, as well dressed and efficient, and ghosts, as white and awe-inspiring as ever paraded before an audience, has reaped but an indifferent harvest at the "low charge of one penny each;" while the swing boats and wood horses, patronized with such glee by the miniature men and women attending and enjoying wakes and fairs, only worked half time. the physical-force majority in the house, and their aiders and abettors, were they to see this, would perhaps laugh at the petty details, but their doing so would not in the least detract from their truth, or render questionable for a moment the deductions i make from them,--that poverty is so wide spread and bitter that the poor are compelled to make a stern sacrifice of innocent amusements; that the parent cannot exercise the holiest affections of his nature, by adding to the pleasures of his lisping little ones; that the landowners' corn law, by its paralyzing influence, is rapidly withering the great mass of the industry of the country into idle, dispiriting pauperism. from inquiries i have made i learn that through the country generally the wakes, and fairs, and races, have presented similar features to those i have described above, so far as money goes. and in face of the distress, of which these things bear glaring witness, the prime minister says "that the distress has been produced by over-production." can sir robert be serious when he talks of "over-production?" if he be, and will condescend to honour me with a visit during his stay at drayton manor, which is only a short drive of sixteen miles from here, i will show him that the opinion is fallacious. he shall dispense with his carriage for a short time, and i will walk him through all the streets of darlaston, wednesbury, willenhall, bilstow, &c., and, forsaking the thoroughfares frequented by the gay and well-to-do, he shall visit the back streets--in which carriage passengers never deign to go--of birmingham, wolverhampton, and walsall, and what he will witness in the course of the short ramble will "change the spirit of his dream." in darlaston, as a sample of what he would see, there are hundreds of men and women whose clothes, made of the coarsest materials, are patched, and threadbare, and valueless; hundreds of houses without anything in them deserving the name of furniture; hundreds of beds without clothing, and hundreds of children whose excuses for clothes are barely sufficient, with every contrivance decent poverty can suggest, to cover the body as civilized society demands. in the towns i have enumerated, in fact, if the least reliance may be placed in newspaper reports, in every town and village in the country the same want prevails to a much greater extent than can be conceived by such as sir robert, "who fare sumptuously every day,"--aye, even to a much greater extent than is generally supposed by the above-want dwellers in large towns whom business may frequently bring in contact with those who toil. with the millions, then, who in this country must be next to naked, without furniture in their houses, without clothes to cover their straw beds, is it not the nonsense of nonsense to talk of "over-production." enable these men to satisfy the wants of themselves and families, enable them to make their homes comfortable, and that alone would find employment for a goodly number, while those so employed would also be enabled to purchase the articles others are engaged in manufacturing. to produce so desirable a result, nothing is wanted but free trade repeal the corn and provision laws, and the shadow of "over production" could not exist: in three months there is not a man in the kingdom who would not have full work. and when we had supplied the physical wants of our population (a greater task than it appears at the first view), we should have introduced from every corner of the world the luxuries which refine civilization; the artisan building himself a house would then make it more comfortable and healthy, with wood floors, carpets, better furniture, &c.; and the master manufacturer erecting a house would have marble stairs and floor in his entrance hall, doors, &c. of mahogany, furniture, of rarer woods, and ornaments of marble, paintings, plate glass, &c.; and when all these things were procured, "over-production" would be still as far behind us as during their acquisition, as we would then work but three days a week instead of six, as with so much labour we should be able to procure the necessaries and luxuries of life. and all nations would be compelled to minister to our real and created wants, for england is the only nation in the world incapable of internally supplying its inhabitants with food, and therefore, under free trade, has the command of the markets of the whole world. then the english merchant going to, say america, to dispose of manufactures need not fear the merchant of france, belgium, germany, &c., he may meet there with similar goods; for the american asking each what he requires for the articles offered, is told by the former, "i will take your surplus corn in exchange, we want every year from six to ten millions of quarters;" and this latter answers, "we have more corn at home of our own growth than we can consume, i must have cash;" the american, preferring barter, will turn on his heel and trade with the englishman; the unsuccessful applicant takes back his goods, or visits the market no more, and confines his future operations to the home supply of his own country, which in a short time, from competition and want of a foreign outlet, fail to realise a remunerating profit; trade is gradually relinquished; the people turn again to the more extensive cultivation of the land, and england obtains another customer. this is no "castle building," if there be the least affinity between the results of great things and small ones. if a grocer want a coat he will have it from the tailor who will take sugar and tea in payment, in preference to patronising one who requires pounds shillings and pence, and the owners of land in all countries will take right good care that they derive some sort of revenue from their possessions. i say, i think my premises are no "castle buildings;" neither do i think i am indulging in aerial erections when i predict that, under free trade, england, with her capital, and energy, and enterprise, would shortly become the world's granary, profitably supplying from her accumulated stores the deficiencies resulting from bad harvests, or other casualties of her continental neighbours. your obedient servant, g.w.g. * * * * * _we are much obliged to j. livesay, of preston, for his suggestion, which, however, if he compare the_ economist _with other weekly papers he will perceive to be unnecessary. we presume we are indebted to mr livesay for copies forwarded of his excellent little paper the_ struggle. * * * * * r.b., bristol.--_from the great press of room last week we were obliged to omit everything that did not appear of very pressing haste. in the preliminary number we have used no statistics but such as we have derived from official sources, and we shall always be glad to give the authority on which any statistical statement is made. the statement of the quantity of sugar exported from java and madeira, page of the preliminary number, will be found in part viii, , page , of the_ tables of population, revenue, commerce, &c., _presented by the board of trade to both houses of parliament, from to ;--and the quantities, from to , are derived from the dutch official accounts._ h.h., s---- court, london.--_the returns showing the quantity of flax imported up to the th of august, viz., , cwts., are official, but do not distinguish the ports from which it was shipped. the latest year for which such distinction has been made to this time is for the year ; for which, or any preceding year back to , we shall be glad to furnish the particulars: for example, in the imports of flax and tow were--from_ cwts. russia , denmark , prussia , germany , holland , belgium , france , gibraltar italy and the italian islands the morea turkey egypt united states guernsey, &c. --------- total - , , c.d.f.----, near rochdale.--_the question connected with the new customs amendment bill has engaged our best attention, but its investigation has raised two or three very nice points of international law, on which we are now taking the best opinion which can be obtained, and before our next number we shall be able to give a reply as satisfactory as can possibly be obtained from any quarter on this important but very nice question. we have now before us the whole of the particulars of the treaties in question, but we wish to make our reply valuable by giving the best legal construction on some disputable points. this, however, is only another of those daily evidences which we have of the absurdity and inconvenience of a great commercial country like this attempting to regulate its laws and transactions by treaties, which, however convenient they may be when made, may, by the ordinary course of events, be rapidly changed._ postscript. london, _saturday morning, september , _. stock exchange, half-past eleven o'clock. there is little or no variation in english stock: mexican, which left off yesterday at - / to / , is now - / to . brazilian, which left at to , is now to . in other foreign stocks there is no alteration worth notice. liverpool, friday evening, september , . an active demand has been constantly kept up all the week, and a large business has been done daily. so far, however, it has been freely met by the holders; and the speculators and spinners have had an abundant choice of all qualities. in american descriptions there is but little change in prices; the tendency, has been and still is in favour of holders; and it has been thought necessary to raise the quotations of "fair" uplands and mobile to - / d.; but there is so little actual change, that for the most part, the quotations remain as before. brazils, egyptian, and long stapled generally, have been more in demand, and may be considered / d. higher. sea islands also within the fortnight are / d. higher, making an advance in the ordinary to fair qualities from the very lowest point of - / d. to d. per lb. a considerable part of the speculative business of this week has been prompted by the accounts from the united states, brought by the _hibernia_ and _great western_, the tenor of which is to confirm the previous impression as to short crops. , american, egyptian, and surat have been taken on speculation; and , american, pernam, and surat for export. the following is the statistical review of our cotton market:-- taken for consumption: for export: from st jan. to th sept. . . . . , bales. , bls. , bls. , bls. whole import: . . , , bls. , , bls. computed stock. average weekly consumption. th sept. st jan. to th sept. . . . . , bls. , bls. , bls. , bls. for sugar there is rather more inquiry, at steady prices.--coffee; the sales of plantation trivial without change of price.--indigo, price firm at the advance of d. to d., established at public sale yesterday.--tea; the market remains rather firm, and a moderate business has been done at previous rates. in other articles of produce a fair amount of business has been done, without any particular features to remark. grain.--there has been rather more demand for old wheat, and prices for this and all other articles in the trade are supported. duty has been paid on nearly the whole of the bonded stock, and the rate is now on the advance. * * * * * the papers of this morning do not contain any intelligence of the slightest novelty or interest. her majesty and prince albert are enjoying themselves at ostend in the society of their august relatives, the king and queen of the belgians. to-day (saturday) the royal party go to bruges; on monday to brussels; on tuesday to antwerp; and on wednesday return to england. barcelona is still in a state of insurrection; and though madrid is tranquil, the state of spain, as the _times_ remarks, is one of "simple confusion." the malta correspondent of the _morning chronicle_ says that a report had been current at bombay that it was the intention to order the next steamer for the overland mail to keep her direct course, in spite of the monsoon. the monsoon had, no doubt, driven her back. wales continues in a distracted state, and acts of incendiarism are common. the extraordinary verdict given by the inquest jury on the body of the unfortunate old woman who was shot, is the subject of general remark, as strikingly evincing the terrorism which prevails. there is even talk of the necessity of putting the country under martial law! the very remarkable meeting held by messrs cobden and bright, at oxford, on wednesday last, is the theme of general conversation in society. it is, indeed, a very striking evidence of the progress of free-trade principles amongst the agriculturists. the _leeds mercury_ of this morning, and other provincial organs of public opinion, in the great seats of our commerce and manufactures, all speak in cheerful terms of the decidly-improving prospects of trade. the latest from the american press on free trade--aug. th. the corn-law controversy.--a friend has placed in our hands numbers of the tracts which the corn-law reformers of england circulate among the people. they are about the size and length of the religious tracts of this country, and are put up in an envelope, which is stamped with neat and appropriate devices. these little publications comprise essays on all the topics involved in the corn-law controversy, sometimes in the form of dialogues, sometimes of tales, and sometimes of extracts from famous books and speeches. the arguments are arranged so as to be easily comprehended by the meanest capacities. the friend to whom we are indebted for these is well informed on the subject, and says that a more advanced state of opinion prevails among the people of england, in relation to the operation of tariffs, than in this nation generally so much more enlightened. it is a singular spectacle which is thus presented to the eyes of the civilized world. while the tendency of opinion, under an aristocratic monarchy, is towards the loosening of the restraints under which the labour of the people has long suffered, a large and powerful party in a nation, whose theory of government is nearly a century in advance of the world, is clamouring for their continuance and confirmation. monarchical england is struggling to break the chains that an unwise legislation has forged for the limbs of its trade; but democratic america is urged to put on the fetters which older but less liberal nations are throwing off. the nations of europe are seeking to extend their commercial relations, to expand the sphere of their mutual intercourse, to rivet the market for the various products of their soil and skill, while the "model republic" of the new world is urged to stick to the silly and odious policy of a semi-barbarous age. we look upon the attempt which is making in great britain to procure a revision of the tariff laws, as one of the most important political movements of the age. it is a reform that contemplates benefits, whose effects would not be confined to any single nation, or any period of time. should it be successful, it would be the beginning of a grand and universal scheme of commercial emancipation. let england--that nation so extensive in her relations, and so powerful in her influences--let england adopt a more liberal policy, and it would remove the only obstacles now in the way of a complete freedom of industry throughout the globe. it is the apparent unwillingness of nations to reciprocate the advantages of mutual trade, that has kept back this desirable reform so long. the standing argument of the friends of exclusiveness--their defence under all assaults, their shelter in every emergency--has been that one nation cannot pursue a free system until all others do, or, in other words, that restriction is to be met by restriction. it is a flimsy pretence, but such as it is, has answered the purposes of those who have used it, for many centuries. the practice of confining trade by the invisible, but potent chains of law, has been a curse wherever it has prevailed. in england, more dependent than other nations on the extent of its commercial intercourse, it may be said to have operated as a scourge. the most terrible inflictions of natural evil, storms, famine, and pestilence, have not produced an equal amount of suffering. indeed, it has combined the characteristics of the worst of those evils. it has devastated, like the storm, the busy hives of industry; it has exhausted, like famine, the life and vital principle of trade; and, like the pestilence, it has "walked in the darkness and wasted at noon-day." when we read of thousands of miserable wretches, in all the cities and towns of a great nation, huddled together like so many swine in a pen; in rags, squalor, and want; without work, bread, or hope; dragging out from day to day, by begging, or the petty artifices of theft, an existence which is worthless and a burden; and when, at the same time, we see a system of laws, that has carefully drawn a band of iron around every mode of human exertion; which with lynx-eyed and omniscient vigilance, has dragged every product of industry from its retreat to become the subject of a tax, can we fail in ascribing the effect to its cause, or suppress the utterance of our indignation at a policy so heartless and destructive? yet, this is the very policy that a certain class of politicians in this country would have us imitate. misled by the selfish and paltry arguments of british statesmen, but unawed by the terrible experience of the british people, they would fasten upon us a system whose only recommendation, in its best form, is that it enriches a few, at the cost of the lives and happiness of many. they would assist a constrictor in wrapping his folds around us, until our industry shall be completely crushed. * * * * * st olave's church.--the rebuilding of this church in the early part of the last century cost the parishioners a less sum than the organ. the old church having fallen down, the new one (that recently destroyed by fire) was erected by raising an annuity of _l_., and the granter died after receiving the first half year's payment of _l_. the organ was the most ancient instrument in the metropolis. free-trade movements. messrs cobden and bright at oxford.--important meeting of freeholders and farmers of that county. as we stated last week, announcing the intention, mr cobden and mr bright visited oxford on wednesday, for the purpose of addressing the freeholders and farmers of the county on the subject of the corn laws. very considerable excitement had prevailed in the city and the surrounding districts in consequence of the proposed visit of mr cobden, but it does not appear that the landowners on the present occasion, through the medium of the farmers' clubs and agricultural associations, thought fit to get up an organised opposition, similar to that at colchester, or interfere to prevent their tenants from attending, as at reading. the consequence was a very large number of farmers were present at the meeting, although it is well known that the harvest is not in such a state of forwardness as to allow them to absent themselves from their ordinary occupations without considerable inconvenience. it is a circumstance worthy of notice, and strongly indicative of the present state of public feeling upon the subject, that in a purely agricultural district, at a county meeting regularly convened by the high sheriff, the whole of the county members being present, two of whom spoke in favour of protection, supported by many influential men of their own party, no person ventured to propose a resolution in favour of the present corn law, and that even the resolution for a low fixed duty made by two of the most popular men and largest landed proprietors in oxfordshire, lord camoys and mr langston, was supported by only three or four individuals out of a meeting of nearly , persons. early in the morning, a protectionist champion presented himself, not in the guise either of a freeholder or farmer of the county, but in the person of a good-humoured, though somewhat eccentric printer, named sparkhall, who had come from the celebrated _locale_ of john gilpin--cheapside, and who having armed himself with a large blue bag fitted with elaborate treatises upon the corn laws, and among other pamphlets a recent number of _punch_, forthwith travelled to oxford, and by the kind permission of the meeting was permitted to essay a speech, about what nobody could divine, and in a manner truly original. it is, however, due to the monopolists of oxfordshire to state that they did not accredit their volunteer champion, and even went so far as to request that he would "bottle up" his eloquence for some future opportunity. at two o'clock, the hour appointed for the proceedings to commence, the county hall, which is capable of containing , persons, was nearly filled. mr cobden and mr bright, who had been dining at the farmers' ordinary, held at the roebuck hotel, arrived shortly after two, and were accompanied to the place of meeting by a large number of influential farmers and leading agriculturists, who had met the honourable members at the market table. they at once proceeded to the gallery, where, among others at this time, were lord camoys, of stonor hall, oxon; the three members for the county, lord norreys, mr harcourt, and mr henley; mr langston, m.p. for the city of oxford; mr thomas robinson, banker; mr charles cottrell dormer, mr j.s. browning, mr w. dry, mr w. parker, captain matcham, rev. dr godwin, rev. w. slatter, mr richard goddard, mr h. venables, messrs grubb, sadler, towle, weaving, harvey, &c. on the motion of lord cambys, seconded by mr langston, m.p., mr samuel cooper, of henley-on-thames, under-sheriff for the county, was, in the absence of the high sheriff, called to the chair. the chairman said he regretted very much that the high sheriff was prevented from attending the meeting, which had been convened in consequence of a requisition presented to the sheriff by several freeholders of the county. having read the requisition, he introduced mr cobden, who proceeded for some time to address the meeting on the fallacy of the present corn law as a protection to the farmer, amid frequent cries for adjournment, in consequence of the crowded state of the hall, and mr sadler having intimated that several hundred persons were waiting at the castle green, at which place it had been generally expected the meeting would ultimately be held, moved its adjournment to that spot, which was immediately agreed to. several waggons had been brought to the green, for the purpose of forming a temporary platform, and the meeting being again formed, mr cobden resumed, and, in his usual powerful manner, explained the influence of the corn law upon the tenant, farmer, and farm-labourer, urging the necessity of free trade as the only remedy for agricultural as well as manufacturing distress. the honourable member was loudly cheered during the delivery of his address, which evidently made a deep impression on the large proportion of his auditory. mr sparkhall then came forward. mr cobden having kindly interceded to obtain him a hearing, and having duly arranged his books and papers, he at once commanded the serious attention of the meeting, by stating broadly as the proposition he was about to prove--that the repeal of the corn laws would plunge the nation into such a state of depression as must ultimately terminate in a national bankruptcy. after quoting from the honourable and reverend baptist noel, mr gregg, and other passages, the relevancy of which to his proposition no one could discover, he bewildered himself in a calculation, and gladly availed himself of a slight interruption to make his bow and retire. lord camoys next addressed the meeting. he said mr cobden came among them either as a friend or an enemy. if he came as a friend, it was the duty of all to receive him as such; but if as an enemy, then it behoved the farmers of oxfordshire to meet him boldly, and expose the fallacy of his arguments. for himself he (lord camoys) believed mr cobden came as a friend. he was not one of those who were afraid of the anti-corn-law league; but he was afraid of that class who designated themselves the farmers' friends. he thought if they were to give the anti-corn-law league , _l_. a year for fifty years, it would never do half the mischief to agriculture that the farmers' friends themselves had done. (hear, hear.) it was this impression that had induced him to sign the requisition that had been laid before him, for he was anxious that the farmers of oxfordshire should have the benefit of any information that could be given to them on the subject. there were three courses open for discussion. the first was the sliding scale (cries of "no, no"); the second a low fixed duty; and the third, a total and immediate repeal of the corn law. (hear, hear.) he believed the sliding scale was already on its last legs; indeed, it was only defended by a few country gentlemen and fortunate speculators, who had by a lucky chance contrived to realise large fortunes. he was himself for a low fixed duty, and mr cobden advocated free trade. there was not so much difference, after all, between them; but he considered that to apply the principles of free trade to england, would be to apply the principles of common sense to a deranged country, suffering under the pressure of an enormous debt. he thought the english farmer should be placed on a level with the continental corn-grower; but he did not think the mere expense of transit would have the effect of securing this as argued by mr. cobden. with this view he should propose to the meeting the following resolution:--"that the agricultural interest being the paramount interest in this country, to depress that interest would be injurious to the entire community; that suddenly to adopt free trade in corn must produce that effect, and that, therefore, it is the opinion of this meeting that a moderate fixed duty upon the importation of foreign grain is the one best adapted to the present position of the agricultural interest and the welfare of the country." this resolution was seconded by mr langston, m.p., but this gentleman gave way for mr bright, who, upon presenting himself, was received with load cheering. in an eloquent address he clearly demonstrated that the only way in which the corn laws could benefit the farmer was by making food dearer, which could only be done by making it more scarce. that the advantage of such high prices invariably went to the landlord in the shape of rent, in consequence of the immense competition for farms, arising from the increase in the agricultural population, and the difficulty of providing for them in commerce and manufactures, owing to the depressed condition to which they had been reduced by the operation of the corn laws. high prices could only be obtained by the farmer from the prosperity of his customers. in reply to the resolution of lord camoys, the honourable gentleman stated, that with regard to agriculture being the paramount interest of the country, there could be no doubt in every country there must be land for the people to live on, and so far it was the paramount interest; but he denied that anything like half the population of england were engaged in agricultural pursuits. the agricultural interest would not be depressed, nor would the community be injured by free trade. he would put it to the meeting whether they would have a low duty or no duty at all. (loud cries of "no duty.") a fixed duty of s. would raise the price that amount, and the whole would go into the pockets of the landlord. the honourable gentleman concluded his address amid loud cheers. lord norreys next spoke in favour of the existing corn laws, attributing the distress under which all classes at present laboured to the over-production of the manufacturers. mr langston, m.p., having replied to his lordship, mr henley, m.p., addressed the meeting at some length, in favour of the present restrictive duties on the importation corn. the honourable member concluded by observing that he had attended the meeting because it had been convened by the high sheriff; and he thanked them for the patience with which they had listened to his observations, though neither he nor his colleagues considered it to be properly designated as a farmers' meeting, the majority present being composed of other classes. mr cobden briefly replied; and mr towle (a tenant farmer) moved the following amendment, "that in the opinion of this meeting the principles of free trade are in accordance with the laws of nature and conducive to the welfare of mankind, and that all laws which interfere with the free intercourse of nations, under the pretence of protection to the agricultural, colonial, or manufacturing interests, ought to be forthwith abolished." the motion having been seconded, was put, and declared to be carried, with only three dissentients. mr henley then proposed, and mr cobden seconded, a vote of thanks to the chairman, who briefly acknowledged the compliment, and three cheers having been given for free trade the meeting separated, having lasted nearly five hours. * * * * * public dinner to r. walker, esq., m.p., bury.--on wednesday week a public dinner was given, in the free-trade pavilion, paradise street, bury, by the electors of bury, to the above-named gentleman, for his constant advocacy of liberal principles in the house of commons. the meeting, though called to do honour to the worthy representative of bury, was emphatically a gathering of the friends of free trade, mr bright, dr bowring, mr brotherton, &c., being present. dr bowring's visit to his constituents.--dr bowring arrived in bolton, on his annual visit, on thursday week. in the course of the afternoon he called upon several of the leading reformers and free-traders of the borough; and in the evening, according to public announcement, he attended at the temperance hall, little bolton, to address the inhabitants generally. the doors of the hall were opened at seven o'clock, and hundreds immediately flocked in. at half-past seven, the hall was crowded to excess in every part. on dr bowring's entrance, he was greeted with loud cheers. the chief portion of the proceedings consisted in the speech of the learned and honourable member, who, as might be expected, dwelt with great power on the question of questions--free trade. we have only room for the following eloquent passage: "the more i see of england, the prouder i am to recognise her superiority--not alone in arms--about that i care little, but in manufacturing arts, the peaceful arts, which really reflect glory on her people. (cheers.) give us fair play and no favour, and we need not fear the strength of the whole world. (hear.) let us start in an honest rivalry--let us get rid of the drawbacks and impediments which are in the way of our progress, and sure i am that the virtues, the energies, the industry, the adventurous spirit of the manufacturers and merchants of england, which have planted their language in every climate and in every region, would make them known as benefactors through the wide world. they are recognised by the black man as giving him many sources of enjoyment which he had not before; by the red man as having reached his fields and forests, and brought to him in his daily life enjoyments of which his ancestors had no notion; by all tribes and tongues throughout the wide expanse of the earth, as the allies of improvement, and the promoters of happiness. sure i am that england--emancipated england--the labourers--the artisans of england, may do more for the honour and reputation of our country than was ever done by all the nelsons and wellingtons of the day. (loud cheers.) i was struck very much, the other day, by the remark of one of the wisest and best men of our times, from the other side of the atlantic, who said, 'i am not dazzled by the great names which i see recorded in high places; i am not attracted by the statues which are raised to the men whom you call illustrious, but what _does_ strike me, what _does_ delight me, what _does_ fascinate me, is to trace the working man of england to his home; to see him there labouring at his loom unnoticed and unknown, toiling before the sun rises, nor ceasing to toil when the sun has descended beneath the mountain. it is _that_ man, the missionary of peace, who forms the true link of alliance between nation and nation, making all men of one kindred and of one blood,--that man upon whose brow the sweat is falling,--that man whose hands are hardened by labour,--that is the man of whom england has a right to be proud--(hear)--that is the man whom the world ought to recognise as its benefactor.' (cheers.) and, gentlemen, in such sentiments i cordially agree, and the time will come when the names of men who are called illustrious, at whose feet we have been rolling out torrents of wealth, whom we have been crowning with dazzling honours--those men will pass away into the realms of forgetfulness, while the poor and industrious labourer, who has been through the world a herald and apostle of good, will be respected and honoured, and upon him future times will look as the real patriot, the real philanthropist, the real honour of his country and of his countrymen." the proceedings were closed by the unanimous thanks of the meeting being given to dr bowring. free trade.--we are glad to learn, from a correspondence in the _liverpool albion_, that w. brown, esq., the head of the eminent house of brown, shipley, and co., of liverpool, has declared his adherence to the cause of perfect freedom of trade, contributing, at the same time, _l._ to the funds of the liverpool anti-monopoly association. corn trade of france.--the _moniteur_ publishes the return of the corn trade in france during the month of july, from which it appears that the imports were--wheat, , metrical quintels; other grain, , ; and flour, . the exports--wheat, , ; other grain, , ; and flour, , . the quantities lying in the government bonding stores on the first of august were--wheat, , metrical quintals; other grain, , ; and flour, , . anti-corn-law meeting at hampstead.--the opponents of the corn laws resident at hampstead assembled on tuesday night, in crowded meeting, at the temperance hall of that locality, to hear mr sidney smith deliver an address on the evils of the corn laws. the meeting was the first of the kind since the formation of the new association, and there were several of the respectable inhabitants of the neighbourhood present. mr smith entered at length into the whole question of the monopolies from which the people of this country suffer. he showed, conclusively, and by a reference to facts and comparisons with other countries, that "protective" duties were injurious to the best interests of the community, as they were productive of abridgment of the people's comfort, and of taxation on everything that they could see or touch. he illustrated the advantages that would arise from free trade, by a reference to the great increase of consumption of the article of coffee since the reduction of the duty of half a crown on the pound weight to ninepence; the consumption at that period ( ) having been but eight millions of pounds weight, while at present, it was twenty-eight millions. the learned gentleman, who spoke for upwards of two hours, concluded amid loud cheers. three cheers which were proposed for the charter proved a decided failure; while, on the other hand, three were proposed for a repeal of the corn laws, which were responded to by nearly the whole of the crowded meeting. mr ewart and his constituents.--william ewart, esq., the indefatigable member for the dumfries district of burghs, is at present paying his respects to his constituents, after the recess of what has been to him a laborious session of parliament, however little may have been effected during its course by the government and the legislature. on thursday evening he addressed a large meeting in this town. on friday he visited lochmaben, and on saturday sanquhar, and addressed the inhabitants of both these burghs.--_dumfries courier_. miscellanies of trade. state of trade.--owing to the continued absence of the overland mail, the demand for manufactured goods, and especially for shirtings, has been limited; but, as stocks are low, prices remain tolerably steady. for yarn the demand continues good, and prices very firm, but the spinners are so generally engaged, that no great amount of business has been done.--_manchester guardian_ of wednesday. commercial intercourse between england and the united states.--the circumstances of america are such as to require, for the furtherance of its own interests, a large and extended commercial relationship with england. there is nothing wanting but a movement on our part for the speedy establishment of an unbounded trade. both countries are so situated that they need never become rivals, provided they consent to co-operate with each other. it is because they have not been permitted hitherto so to do that we now hear of an embryo manufacturing system in america. we have already built lowell in new england, and pittsburg in western pennsylvania; and will yet, unless we change our system, drive the enterprising republican to efforts which may be more generally and more permanently successful.--_morning chronicle_. travelling between england and france.--the number of persons who passed from england to france, by boulogne, in the week from st to th september inclusive, was , , and by calais, . it appears that the opening of the southern and eastern railway as far as folkestone has increased the number of travellers between england and france by nearly one-half. the number in august, , was , , while during the past month it has been no less than , , showing an increase of , . steam v. water.--owing to the birmingham and gloucester railway company having reduced their charge for all kinds of goods to s. per ton between gloucester and cheltenham; most of the carriers in this city will be compelled to avail themselves of this mode of conveyance, it being impossible for them to compete with the railway company. the consequence will be that some thirty or forty boats will speedily be "laid up in ordinary," to the sorrow of three or four times the number of boatmen, who will of course be thrown out of employ.--_worcester chronicle_. the new tariff.--"the imports of foreign beasts since monday last (one week) have been confined to twenty-five into london by the _batavier_ steamer from rotterdam." (london markets report, september .) can any clever master of fractions calculate the effect of this importation on the smithfield market, and the benefit thence accruing to the citizens of london as a set-off to the payment of their income-tax? improvement of trade--rochdale.--the piece market has been uncommonly brisk to-day, and all the goods on hand have been cleared off. at present all the workmen are in full employment, though at very low wages; but a few markets of this kind will have a tendency to get up wages. the ready sale of goods has given a buoyancy to the wool market, and the dealers in the raw material have not been so eager to sell at former prices. state of trade--paisley.--so far as ample employment to all engaged in the staple manufactures of the town is concerned, trade still continues favourable for the workman, but the manufacturers generally complain that, for the season, sales are late of commencing, and many of them are already rather slackening their operations to keep their stocks down. the unexpected procrastination in the commencement of the fall trade is reasonably accounted for by the fineness of the weather. "a merchant of twenty-five years' standing, and an old subscriber," calls attention to the unusual state of things now so long existing in the money market, by the fall in the rate of interest to - / and per cent. upon the first class commercial bills. he states that a friend of his has lately lent , _l._ at - / to per cent., being the highest rate he could obtain. this condition of the money market he attributes to the large amount of paper money in circulation, compared with the demands of commerce. our correspondent favours us with some figures, illustrative of his views, from november, , to the present month, taken from the _gazette_ returns, and observing that there has been a serious fall in the value of merchandise equal to one-fifth or one-sixth, with some exceptions during the last year and a half, he accounts by the juxtaposition of his figures, denoting the amount of paper in circulation, and this assumed fall in the price of merchandise for the present anomalous condition of the money market, and for the apparent worthlessness of capital. we cannot agree, however, with our correspondent to the full extent, because the very low prices of commodities, with a _minimum_ rate of interest for money, proves that there is no fictitious or inflated excess of paper money. the anomalous state of the money market proceeds, we believe, from a redundancy, not of mere paper, but of capital which cannot find investment, superinduced by stagnation of trade, and the want of commercial enterprise, occasioned by the restrictive nature of our duties on imports.--_morning chronicle._ the accounts from the united states mention that the greatest activity prevails among the manufacturers in their purchases of the raw material for the year's consumption. police. extraordinary charge.--_captain, william tune_, the commander of a steam packet called the _city of boulogne_, the property of the new commercial steam-packet company, on monday appeared at the mansion house to answer the complaint of the directors of that company, by whom he was charged with being privy to the abstraction of four packages, each containing gold, checks on bankers, bank-notes, and bills of exchange, which had been previously booked at the company's office in boulogne, and paid for according to the rates agreed upon by the company, and which, with others, had been entrusted to his care. after evidence had been adduced, mr wire requested that captain tune should be remanded for a week, and stated that the directors being anxious that he should receive as much accommodation as might be consistent with the respectability of his character and the nature of the difficulty in which he was at present involved, were desirous that bail should be taken for his appearance on the next day of investigation.--alderman gibbs: i shall require two respectable securities for _l._ each, and captain tune to be bound himself in the sum of , _l._--the captain was then remanded for a week. a curious fact came out on the inquiry as to the value of each package. they were all, it appeared, entered and paid for as containing a sum of money much inferior to what each package really contained. matrimonial advertisements.--an unlucky man, who, in order to get a family by a deceased wife taken care of, had been induced to marry a worthless drunken woman, through the medium of a matrimonial advertisement, applied at union hall for advice, but, of course, nothing could be done for him. awkward predicament.--a man advanced in years, named _david simms_, who was claimed by two wives, and nearly torn in pieces by them, was committed from union hall, on a charge of bigamy. * * * * * singular detection of an extensive swindler.--a man named _william cairnes_, alias _thomas sissons_, with a host of other _aliases_, was placed before the magistrates at the borough court, manchester, charged with one of the most singular attempts at fraud we ever remember to have heard. the prisoner, who was a respectable-looking old man, gave his name _william carnes_. under the pretence of giving employment to a labouring man, on getting specimens of his handwriting, he got him to write his name across two blank bills, in the form of acceptance. he has been remanded for further inquiry. embezzlement.--_theodore grumbrecht_, a confidential clerk in the extensive india house of messrs huth and co., was arrested on board the _bucephalus_, bound for new zealand, whither he was going. the charge against him is extensive embezzlement. accidents, occurrences, and offences. singular accident.--an accident occurred at outwell on the th ult. a child, three years old, went to play in a donkey cart, in which a rope coiled and knotted had been placed to dry. the rope was doubled the greater part of the way; and, being knotted, was full of steps or meshes; in one of these the child got his head and unfortunately falling at the same time from the cart, which was propped up as if the donkey were between the shafts, the rope caught on the hook in front of the cart, and held the child suspended a short distance from the ground. he was found quite dead. an inquest was held on the body of the child, and the jury returned a verdict of accidental death.--_bury post._ affray with soldiers.--on tuesday the greatest excitement prevailed throughout westminster in consequence of repeated outbreaks between the military and the lower, or perhaps we might with propriety say the lowest order of inhabitants of this populous district. the tumult having continued during the whole of the day it was anticipated, and justly, that when night came on, it would increase rather than diminish, although during the whole of the afternoon various parties of the military were seen searching for and escorting to the barracks, the delinquent and disorderly soldiers engaged in the affray. fires in the metropolis.--on saturday night the greater portion of the extensive premises of messrs cleaseley, floor-cloth manufacturers, grove street, walworth common, were destroyed by fire.--on monday morning the shop of mr crawcour, a tobacconist, surrey place, old kent road, was burnt to the ground.--on tuesday morning, about a quarter to four o'clock, a city police constable discovered fire in the lower part of the extensive premises, nearly rebuilt, of the religious tract society, paternoster row, through some unslacked lime having been left by the workmen among some timber the previous night. to the vigilance of the officer may justly be attributed the saving of much valuable property from destruction. fire at bristol.--the old castle tavern, bristol, was burned on thursday, the th inst., and the landlord, who was an invalid, perished in the flames. the fire was caused by the carelessness of a niece, in attendance on the invalid, who set fire to the bed furniture accidentally with a candle. the little girl lydia groves, who so courageously attempted to extinguish the bed curtains, has sunk under the shock she then experienced. sporting intelligence. doncaster meeting.--this much-talked-of meeting commenced on monday, sept. , at two o'clock precisely. the regulations, in every minor detail, answered the purposes for which they were respectively intended; particularly the one affecting those persons who have proved themselves "defaulters," as such were refused admission to the stands, the ring, the betting-rooms, and every other place under the jurisdiction of of the stewards. many improvements and alterations have been made, and no expense spared towards securing the comfort of all. the different stands have undergone a complete renovation, and present a very striking and handsome appearance, very unlike their neglected condition in former years. on sunday evening a tremendous storm came on, accompanied with hail and extraordinarily vivid lightning; in fact, it was truly awful to witness--the rain literally pouring down in torrents, and the flashes of lightning following each other in rapid succession. happily the storm was not of very long continuance, commencing about half-past six, and terminating about seven o'clock; but, during that short period, it was sufficient nearly to drown the "unfortunates," who were travelling outside per coach from sheffield, york, leeds, &c., and who, on alighting, presented a most wretched appearance. the morning of monday was dark and lowering, but towards eleven or twelve o'clock the weather cleared up and remained very fine. the course, notwithstanding the rain, was in the very best possible order, the attendance large, beyond any former example on the first day, punctuality as to the time of starting was very strictly observed, and the sport was first rate. the great event of these races is the st leger stakes, which on this occasion were run for in three minutes and twenty seconds. mr bowes's "cotherstone," the winner of the derby, was the favourite, and was confidently expected to gain the st leger. but it only came in second, being beaten by mr wrather's nutwith, and only gained by a neck on lord chesterfield's prizefighter, which was third. woolwich garrison races.--the officers of the garrison at woolwich having resolved on testing the value and quality of their horses by races, the first day's sport came off on wednesday; and owing to the great number of spectators, of whom there were upwards of , , on the ground, and the fineness of the weather, the scene was more animated than on any former occasion. a spacious booth was erected on the ground and was well filled throughout the day. upwards of carriages, containing families, were drawn up along both sides of the course, and hundreds of gentlemen on horseback occupied various parts of the common where the races took place; presenting altogether an enlivening and interesting spectacle. the band of the royal artillery attended in front of the booth, and played, with very little intermission, some of the finest airs from one o'clock to seven o'clock, p.m. on thursday, the second day, a slight shower of rain, about one o'clock, p.m. prevented the races from being so well attended by spectators as they were yesterdy, yet the attendance was numerous in the afternoon, and great interest existed amongst the officers of the garrison, and many sporting gentlemen, to witness the result. agricultural varieties. the best home market.--the _norwich mercury_ of last saturday contains no less than seventy advertisements relating to the sale of farming stock; and a majority of these are cases in which the tenant of the farm on which a sale is announced is described as one "quitting the occupation," or "retiring from business." we should like to know how many of those parties have managed to amass a fortune, or even to acquire a moderate competency, under that protective system which, as they have always been taught to believe, was devised for their especial benefit. from the ominous newspaper paragraphs, announcing the liberality of landlords to their tenants, which have lately become so numerous, we rather suspect that most of those farmers who are retiring from business do so to avoid greater evils. it is worthy of remark, however, that, amidst all this agricultural depression, which has now lasted some twelve months at least, the "home trade"--which the advocates of the corn law always describe as entirely dependent on the farmers obtaining high prices for their grain--is in a healthier state than it has been for several years past. the _standard_ lately stated, on the authority of a mr spackman, that the united kingdom contained , , individuals dependent on agriculture, and only , , individuals dependent on manufactures; and, as we have frequently seen the same absurd statement brought forward at farmers' clubs as "agricultural statistics," it is possible enough that many persons may have been led to believe it. those who do so, however, would find it rather difficult to explain, under such a division of the population, the fact, that during four or five years of high prices, which the duke of buckingham designated "agricultural prosperity," the , , souls should have been unable to create a brisk demand for manufactures; while a single year of cheap provisions has done so much to improve trade, and relieve the pressure from the shoulders of the labouring classes. who that looks at these two facts can have the slightest doubt in his mind as to what it is that makes the best home market?--_manchester guardian._ curious agricultural experiment.--the following novel and interesting experiment has lately been successfully made by mr a. palmer, of cheam, surrey:--in july, , he put one grain of wheat in a common garden-pot. in august the same was divided into four plants, which in three weeks were again divided into twelve plants. in september these twelve plants were divided into thirty-two, which in november were divided into fifty plants, and then placed in open ground. in july, , twelve of the plants failed, but the remaining thirty-eight were healthy. on the th august they were cut down, and counted , stems, with an average of fifty grains to a stem, giving an increase of , . now, if this be a practicable measure of planting wheat, it follows that most of the grain now used for seed may be saved, and will infinitely more than cover the extra expense of sowing, as the wheat plants can be raised by the labourer in his garden, his wife and children being employed in dividing and transplanting them. one of the stems was rather more than six feet long, and stout in proportion. cultivation of waste lands.--employment of labourers.--a paper was recently laid before the council of the royal agricultural society of england, by lord portman, which we think deserves a much greater degree of attention than we believe it has yet received, in that it shows to what a considerable extent waste lands may, without any very heavy expenditure of money, be brought into profitable cultivation, and at the same time, under a well-regulated system of spade husbandry, yield abundant employment to agricultural labourers and their families. the following is the substance of the document referred to:--his lordship, who has large estates in dorsetshire, found that a tract of land, called shepherd's corner, about acres in extent, was wholly unproductive, yielding a nominal rent of s. d. per acre. about fifteen years ago his lordship resolved to make an experiment with this land. he accordingly gave directions to his steward that it should be laid out in six divisions, representing so many small farms, in the cultivation of which such of the labourers as could not obtain full work from the neighbouring farmers were occasionally employed. for the three first years there were no returns, the ground having been merely broken up with the spade, and the surface soil exposed. in subsequent years this land was sown chiefly with turnips, fed off by sheep, until it was found in sufficient heart for the reception of grass and corn seeds, the crops from which were at first scanty and indifferent, but sufficient, however, to pay for cultivation. at the expiration of fifteen years the expenditure upon the whole, inclusive of allowance for rent, at the original rate of s. d. per acre, together with all charges on account of tithes and taxes, amounted to a little more than , _l._; the returns by crops sold and sheep fed exceeding that sum by _l._, independent of the crops now in the ground, which will come to the landlord in september. this may appear to be an inadequate return for the fifteen years' experiment; but, as lord portman justly observes, "as a farmer he has lost nothing, whilst as landlord he is a considerable gainer, the land being now fully equal to any of the neighbouring farms." two objects, both of great importance, have thus been obtained. these acres have been fertilized, which would otherwise have been of no present or prospective value; and in the process of cultivation employment has, during that long period, been provided for several hundreds of labourers who, but for that resource, must, at some seasons at least, have become a burden to the parish. our library table. free trade, reciprocity, and colonization. _the budget; a series of letters, published at intervals, addressed to lord john russell, sir robert peel, lord stanley, and lord eliot, on import duties, commercial reform, colonization, and the condition of england._ by r. torrens, esq., f.r.s. _the edinburgh review._ no. clvii. article, free trade and retaliation. _the westminster review._ no. lxxviii. article, colonel torrens on free trade. our readers are not, in general, unacquainted with the public character and literary reputation of colonel torrens. he is, we believe, a self-taught political economist; and, like colonel thompson, early achieved distinction in a branch of moral science not considered particularly akin to military pursuits. but in his recent labours, he has very seriously damaged his reputation, by attempting to bolster up a policy whose influence on the welfare of the nation has been of the most deadly and pernicious kind; and we therefore advert to the letters called the _budget_, more with the view of showing that they have been analysed, and their mischievous principles thoroughly refuted, than with any intention of entering at large into the discussion. it was, we believe, in the autumn of , immediately following the accession of the present government to office, that colonel torrens commenced the publication of his letters called the _budget_. the two first were addressed to lord john russell, and professed to show that the commercial propositions of the late whig government would, if adopted, have altered the value of money, increased the pressure of taxation, and aggravated the distress of the people. the third letter was on commercial reform, addressed to sir robert peel. the remainder of the series were on colonization and taxation, on the expediency of adopting differential duties, &c.; concluding with one on the condition of england, and on the means of removing the causes of distress; which was afterwards followed by a _postscript_, in which the author, addressing sir robert peel, said-- "i would beg to submit to your consideration what appears to me to amount to a mathematical demonstration, that a reduction of the duties upon foreign production, unaccompanied by a corresponding mitigation of the duties imposed by foreign countries upon british goods, would cause a further decline of prices, of profits, and of wages, and would render it doubtful whether the taxes could be collected, and faith with the public credit or maintained." opinions like these, coming from a man considered to be of some little authority in economical science, were certainly important. the time was serious--the crisis really alarming. a new government had come into power, and it was thought and expected were about to effect great changes. even the _quarterly review_, alarmed by the aspect of affairs, came round, in the winter of , to advocate commercial reform. at this critical period colonel torrens stepped forward. what his motives were we do not know; though we know that men neither harsh nor uncharitable, and with some opportunities of judging, considered that colonel torrens, soured by political disappointments and personal feeling, had permitted himself to be biassed by hopes of patronage from the new government. the pamphlets composing the _budget_ only appeared at intervals: but so far as they were then published, did attract considerable attention; the mere supporters of pure monopoly did not, of course, understand them: but that body who may be appropriately enough termed _middle men_, were not unaware of the value of such support as that afforded by colonel torrens, in staring off changes which seemed inevitable. sir robert peel, too, was then in the very midst of his lesson-taking; and as he deeply studied mr hume's import duties report, before he brought out his new tariff, we need not consider it to be very discreditable to him, that he read the pamphlets of colonel torrens before he tried his diplomatic commercial policy. at all events, one of the chief arguments with which sir robert peel and mr gladstone justified the great omissions of the new tariff, was the fact that the government was engaged in negotiations with other countries in order to obtain treaties of reciprocity. the utter failure of these efforts sir robert peel has repeatedly confessed, accompanied with a sigh over the inutility of the attempt; and the last time that he adverted, in the house of commons, to the authority of colonel torrens (he was citing the _postscript_ to the _letter_ addressed to himself) it was with the kind of manner which indicated want of confidence in the guide who had misled him. whether or no, however, he had relied on that authority in his negotiations with other countries during his futile attempts to obtain commercial treaties, this much is certain enough, that colonel torrens did what he could to strengthen the old notion, that it was of no use for us to enlarge our markets unless other countries did so also at the same time and in the same way; and in condemning all reduction of import duties that was not based on "reciprocity," he certainly added all the weight of his authority to prop up a system whose injurious influence has affected the very vitality of our social state, and whose overthrow will yet require no small amount of moral force to effect. we are far indeed, from undervaluing treaties of reciprocity; but to make them a _sine qua non_ in the policy of a country whose condition is that of an overflowing population, a deficient supply of the first necessaries of life, and a contracted market for its artificial productions, is an error of the first magnitude. therefore, though not attaching primary importance to the _budget_ of colonel torrens, or believing that it could ultimately have any great effect in retarding the effectual settlement of the great question, it was not without some feeling of satisfaction that we perused the able article in the last _edinburgh review_, in which his delusions are completely set at rest. we quite agree with the writer (mr senior, it is said) that "if the _budget_ were to remain unanswered, it would be proclaimed in all the strongholds of monopoly to which british literature penetrates--in parliament, in congress, in the _algemeine zeitung_, and in the councils of the zollverein--that adam smith and the modern economists had been refuted by colonel torrens; that free trade is good only where reciprocity is perfect; that a nation can augment its wealth by restraining a trade that was previously free; can protect itself against such conduct on the part of its neighbours only by retaliation: and if it neglect this retaliatory policy, that it will be punished for its liberality by a progressive decrease of prices, of wages, and of profits, and an increase of taxation." the identity of colonel torrens's propositions with the exploded "mercantile theory" is very satisfactorily established by the edinburgh reviewer; and it is certainly humbling to see a man of his ability coming forward to revive doctrines which had well nigh gone down to oblivion. on the subject where colonel torrens conceives himself strongest, the distribution of the precious metals, the reviewer has given a very able reply, though some points are left for future amplification and discussion; and, as a whole, if there be any young political economist whose head the _budget_ has puzzled, the article in the _edinburgh review_ will be found a very sufficient antidote. with this, and another able article on the same subject in the last _westminster review_ (in fact, two articles of the _westminster_ relate to the subject--one is on colonel torrens, the other on free trade and colonization), we may very safely leave the _budget_ to the oblivion into which it has sunk; and, meantime, the novice will not go far astray who adheres to the "golden rule" of political economy, propounded by the london merchants in , and re-echoed by sir robert peel in : "the maxim of buying in the cheapest market, and selling in the dearest, which regulates every merchant in his individual dealings, is strictly applicable as the best rule for every nation. as a matter of mere diplomacy, it may sometimes answer to hold out the removal of particular prohibitions or high duties as depending on corresponding concessions; but it does not follow that we should maintain our restrictions where the desired concessions cannot be obtained; for our restrictions would not be the less prejudicial to our capital and industry, because other governments persisted in preserving impolitic regulations." miscellanea. captain james clarke ross and the antarctic expedition. all the newspapers have quoted an account from the _literary gazette_ of the antarctic expedition, under the command of captain james ross. it was composed of two vessels, the _erebus_, captain ross, and the _terror_, captain crozier, and left england on the th of september, . during the outward voyage to australia, scientific observation was daily and sedulously attended to; experiments were made on the temperature and specific gravity of the sea; geological and geographical investigations were made at all available points, especially at kerguelen's land; and both here, as well as during the expedition, magnetic observation and experiment formed a specific subject of attention. this was a main object during , the expedition remaining at the auckland islands for this purpose; and it was not till the st of january, , that it entered the antarctic circle. their subsequent adventures, deeply interesting as they are from the perils which they encountered, and the spirit and perseverance with which they were met, come hardly within our sphere to report. after an absence of four years, the expedition, as mentioned in last week's economist, has returned to england, and the acquisitions to natural history, geology, geography, but above all towards the elucidation of the grand mystery of terrestrial magnetism, raise this voyage to a pre-eminent rank among the greatest achievements of british courage, intelligence, and enterprise. religious worship.--church property.--the following parliamentary return has just been printed, entitled, "a return of the amount applied by parliament during each year since , in aid of the religious worship of the church of england, of the church of scotland, of the church of rome, and of the protestant dissenters in england, scotland, and ireland, respectively, whether by way of augmentation of the income of the ministers of each religious persuasion, or for the erection and endowment of churches and chapels, or for any other purposes connected with the religious instruction of each such section of the population of the united kingdom, with a summary of the whole amount applied during the above period in aid of the religions worship of each of the above classes." the abstract of sums paid to the established church shows that the total was , , _l._ which is divided in the following manner:--church of england, , , _l._; church of scotland, , _l._; church of ireland, , , _l._ church of rome.--the total sum paid to the church of rome is set forth at , _l._ s. d. comprised in the following two items;--augmentation of incomes (including maynooth college), , _l._ s. d.; erection and repairs of chapels, , _l._ s. d. protestant dissenters.--the total sum is , , _l._ s. d. in england and ireland. the recapitulation shows the following three sums:--established church, , , _l._; church of rome, , _l._; and protestant dissenters, , , _l._ the sums were advanced from to . imperishable bread.--on wednesday, in the mayor's private room, at the town hall, liverpool, a box of bread was opened which was packed at rio janeiro nearly two years ago, and proved as sound, sweet, and in all respects as good, as on the day when it was enclosed. this bread is manufactured of a mixture in certain proportions of rice, meal, and wheat flour. st george's chapel, windsor.--the extensive alterations and embellishments which have been in progress since the early part of may last (from which period the chapel has been closed), at an outlay of several thousands of pounds, throughout the interior of this sacred edifice, having been brought to a close, it was reopened for divine service on thursday. father mathew.--father mathew, after finishing his labours in the metropolis, went to norwich, where he met the bishop, who, in an earnest and eloquent speech, in st andrew's hall, on thursday week, introduced the reverend gentleman to that locality, and very warmly eulogized his conduct. mr gurney, the well-known norwich banker, occupied the chair on this occasion, and seconded the bishop in his patronage and approbation of the great temperance movement. after remaining at norwich two or three days, father mathew started for ireland, taking birmingham and liverpool in his way. importation of fruit from antwerp.--on thursday, the steam-packet _antwerpen_, captain jackson, arrived at the st katherine's steam packet wharf, after an expeditious passage, from antwerp. the continental orchards continue to supply our fruit markets with large supplies, the _antwerpen_ having brought , packages, or nearly , bushels of pears, apples, plums, and filberts. advices were received by the _antwerpen_ that another extensive importation of fruit from antwerp may be expected at the st katherine's steam packet wharf this day (saturday), by the steam-packet _princess victoria_, capt. pierce. lieut. holman, the blind traveller.--this celebrated tourist and writer took his departure from malta, on the rd of september, for naples. he will afterwards proceed to the roman states, and then to trieste. during the few days of his residence in this island the greatest hospitality has been shown him. the veteran traveller had the honour of dining with his excellency the governor, and with admiral sir e. owen. amidst all the vicissitudes of his perilous life and increasing age, he still maintains the same unabated thirst for travel, and his mental and bodily faculties appear to grow in activity and strength in the inverse ratio of his declining life and honoured grey hairs. railway from worcester to cardiff.--it is proposed, by means of this new line, to connect the population of the north of england and the midland counties with the districts of south wales and the south of ireland. it will commence at the taff vale railway, pass through wales, cross the severn, and unite with the birmingham and gloucester railway at worcester. the cost will be , , _l._ french opinions on spanish events.--the french journals are loud in condemning the poor barcelonese for the very same acts which drew down the applause of these same journals a week ago. the following remarks from the _national_ render any of our own useless:--"it must be admitted that the french journals appreciate in a strange way the deplorable events in spain. some soldiers revolt at madrid, without going any length of insurrection, or at all endangering the government. general narvaez comes, and without consulting government or any one else, shoots eight non-commissioned officers. straight our ministerial journals exclaim, what an act of vigour! vigour if you will; but where is the humanity, the wisdom, the justice? then behold barcelona, of which the people some weeks ago rose against the established and constitutional government. what heroes! exclaimed the french ministerial papers. now they do the same thing, rising against a provisional and extra-constitutional government. what brigands! exclaim the ministerial writers. a few weeks back a spanish government defended itself with violence against those who attacked it. regiments fired rounds of musketry, and the cannons of forts bombarded the rebellious towns. the french ministerialists forthwith pronounced the spanish regent as a malefactor, and devoted him to the execration of the civilized world. now, another government, without the same right, follows precisely the same course as the one overthrown. it defends itself, fires, bombards, and pours forth grape from behind walls upon insurgent bands in the street. this same conduct is glorified as firm, as legitimate, as what not. the system of political morality changes, it seems, with men and with seasons. what was infamy in espartero and zurbano, is heroism and glory in narvaez and prim. what is more infamous than all this is the press, that thus displays itself in the light of a moral weathercock, shifting round to every wind." statistics of the metropolitan police.--by a return just issued in compliance with an order of the house of commons relative to the city and metropolitan police force, it appears that there are superintendents in the metropolitan division, receiving from _l._ to _l._ per annum; inspectors, whose salaries vary from _l._ to _l._ per annum; sergeants, with incomes ranging from _l._ to _l._ per annum; and , constables, receiving from _l._ to _l._ per annum, including clothing and pounds of coal weekly throughout the year. the amount paid on this account during the past year, including , _l._ for superannuation and retiring allowances to officers and constables late of bow-street horse patrol, and thames police, amounted to , _l._ in this is likewise included a sum of , _l._ received from theatres, fairs, and races. the number of district surgeons is , and the amount paid for books, &c., is _l._ the total rate received during the past year from the various wards in the city of london and its liberties, for the maintenance of the city police force, is put down at , _l._, and the expenditure at , _l._, the gross pay, irrespective of other charges to the force, amounting to , _l._ loss of the united states steam frigate "missouri," at gibraltar, by fire.--the superb american steam frigate _missouri_, which was conveying the hon. caleb cushing, american minister at china, to alexandra, whilst at anchor in gibraltar bay, on the th ult., was entirely consumed by fire. the fire broke out in the night, and raged with such determined fury as to baffle all the efforts of the crew, as well as that of the assistance sent from her majesty's ship _malabar_, and from the garrison. the magazines were flooded soon after the commencement of the fire; and, although a great many shells burst, yet, very fortunately, no accident happened to any of the crew. this splendid steamer was , tons and horse power, and is said to have cost , dollars. the alleged arrest of the murderer of mr dadd.--the following are the remarks of _galignani's messenger_ on the report in the english papers that dadd was arrested at fontainbleau:--"the above statement has been partially rumoured in town for the last two days, but not in a shape to warrant our publishing it in the _messenger_. the police have been everywhere active in their researches for the fugitive; and we perceive, by the _courrier de lyons_, that, on thursday night, all the hotels in that city were visited by their agents, in pursuit of two englishmen, one of them supposed to be the unfortunate lunatic. these individuals had, however, quitted the town on their way to geneva, previously to the visit of the police." the cartoons.--we understand that several of the prize cartoons, and a selection of some of the most interesting of the works of the unsuccessful competitors, have been removed from westminster hall to the gallery of the pantechnicon, belgrave square, for further exhibition. mackerel.--the halifax papers state that the coast of nova scotia is now visited by mackerel and herrings in larger quantities than ever were known at this season. in the straits of canso the people are taking them with seines, a circumstance without a parralel for the last years. the _journal des chemins de fer_ says:--"an inventor announces that he has found a composition which will reduce to a mere trifle the price of rails for railroads. he replaces the iron by a combination of kaolin clay (that used for making pottery and china) with a certain metallic substance, which gives a body so hard as to wear out iron, without being injured by it in turn." commerce and commercial markets. domestic. friday night.--we are still without the arrival of the indian mail, nor has any explanation of its detention transpired, except that which we mentioned last week. no serious apprehension exists for its safety, as similar detentions, of even much greater duration, have been experienced in the arrival of the september mail in former years, as a consequence of the monsoon. in manchester, during the week, the market has been somewhat flatter in goods suited for the eastern markets, in consequence of merchants being anxious to receive their advices by the indian mail before extending their transactions materially at present prices. in the yorkshire woollen markets a fair trade continues to be done; and in bradford a very active demand has arisen for the goods peculiar to that neighbourhood. in the scotch seats of manufactures, both woollen and cotton, the trade has considerably improved, especially in the demand for tartans of all kinds, in which there is a very active and brisk trade. in the iron districts, the trade continues without change since our last: most of the works are full of orders, at low prices. in the coal districts, in northumberland and durham, trade is without any improvement whatever, and this trade, as well as their shipping, is in the most depressed condition. _indigo._--the transactions in this article have not been on a more extensive scale in our market than last week, but a good demand continues for the home trade, and occasionally a small advance upon the last july rates is paid on such sorts suitable for that branch, but there is almost no demand for export, the consumption of the article in foreign countries being this year unusually slack. the shipments to russia, since the opening of the season, amount to only , chests, against , chests during the same time last year. a public sale was held yesterday, in liverpool, of about chests of east india, and serons of caracas. of the former about chests were withdrawn by the poprietors, but the remainder, together with the serons, sold briskly for the home trade, at prices about d. to d. per lb. higher than the previous nominal value, and rather above that of the london market. there are now , chests declared for the quarterly sale on the th of october; a great portion of it consists of good shipping sorts. it is supposed that several thousand chests more will be declared upon arrival of the indian mail, now due. _cochineal._--only two small public sales were held this week, together of serons. the first consisted of serons mexican, mostly silver, which sold at prices from d. to d. per lb. higher than those of last week. the lowest price for ordinary foxy silver was s. d. per lb. the second sale was held at higher prices still, in consequence of which the whole quantity was bought in. _cotton._--the purchases at liverpool, for this week, will again reach the large quantity of about , bales, of which a considerable proportion is on speculation. prices have been extremely firm, without any decided advance, however, there not being much importance attached, or faith given, to the statements that the american crop has suffered, which have been received by the halifax and new york steamers, up to st inst. from the latter place. in this market, business by private contract is again trifling. at public sales there have been offered bales american, and , bales surat; the former were held considerably above the value, and only bales good fair were sold at - / d. in bond. of the surat about , bales found buyers, from - / d. to - / d. for middling, to - / d. to - / d. for fair; a few lots superior went at - / d. for good fair, and d. per lb. for good. the prices paid show an advance of / d. to / d. a lb. upon the last public sales of th august, and sustain the previous market rates, though the highest advance was conceded reluctantly, and not in many instances; there are buyers for low-priced cotton of every description, but there is little of it offering. _sugar._--the purchases for home consumption have been upon a limited scale, and prices barely maintained. the same remark applies to foreign sugar. only one cargo of porto rico sugar has been sold afloat, for a near port, at s., with conditions favourable to the buyer. at public sale chests bahia, and chests, and barrels pernambuco, were almost entirely bought in at extreme rates: since when only about chests of the brown bahia have been placed at an average of s. d., and with chests of the lowest white at s. to s. d.; by private contract chests old yellow havannah, of good quality, sold at s. _coffee._--the home demand remains good; good and fine jamaica fetched previous rates; a parcel of ceylon, of somewhat better quality than the common run, sold at s. to s., which is rather dearer: very good singapore java sold at s. to s. in foreign coffee a cargo of st domingo has been sold afloat for flanders at s. d. two others being held above that price without finding a buyer, they have been sent on unsold. on the spot the transactions in coffee for export by private contract are quite insignificant, and of bags old st domingo _via_ cape, only a small proportion sold at s. to s. for pale bold good ordinary. _rice._--about , bags of bengal offered at public sale sold from s. to s. per cwt., establishing a decline of d. per cwt. _saltpetre._--the market is sparingly supplied, and importers do not sell except upon extreme rates, which have been paid for about , bags, viz. from s. d. for very ordinary, to s. d. for good middling. _cassia lignea._--for small parcels offering in public sale full prices have been paid; fine by private contract as high as s. _pimento._--fair quality has been sold - / d. to - / d., which is rather dearer. _tallow._--the demand on the spot is not improved and the price unaltered, s. d. to s.; for forward delivery there is rather more disposition to purchase. _rum._--the demand is very limited, except for the finest qualities of jamaica, and common are rather cheaper. foreign. the accounts received from the united states up to the first of this month by the _hibernia_ and _great western_ are favourable as regards commerce. the manufactories in the union are reported to be in a state of considerable prosperity, notwithstanding which the demand for imports was increasing. the reports about the cotton crops were various; it was admitted that the weather had latterly been favourable. large arrivals of wheat and flour were expected in the ports from the west. the commercial reports received this week from the continent of europe do not show any great activity in foreign markets, though the prices of colonial produce are well maintained. sugar was somewhat more in demand both at antwerp and hamburg. in coffee there was rather less doing at both places. * * * * * prices current, sept. , . ------------------------------------------+----------- english funds. | prices | this day. ------------------------------------------+----------- india stock | per cent. red | shut per cent. consols money | - / - / per cent. annuity, | -- - / per cent. red. | shut new - / per cent. annuity | long annuities | shut annuities, terminable july, | -- india bonds per cent. | s pm exchequer bills - / d. | s pm per cent. consols for account | - / bank stock for account | shut ------------------------------------------+----------- ------------------------------------------+----------- foreign funds. | prices | this day. ------------------------------------------+----------- belgium bonds | brazilian bonds | - / chilian bonds, per cent. | -- columbian bonds, per cent. | - / dutch, per cent. | -- ditto, - / per cent. exchange guil. | - / mexican bonds, , per cent. | peruvian bonds, per cent. | -- portuguese per cent. converted | - / ditto per cent. ditto | -- russian bonds, , per cent. | - / spanish bonds, per cent. | - / | -- ditto, deferred | ditto, passive | - / ------------------------------------------+----------- corn markets. _(from messrs gillies and horne's circular.)_ corn exchange, monday, sept. .--the weather continued most beautiful here until yesterday, when we had some heavy thunder showers, and to-day is gloomy, damp and close. the wind, what little there is of it, is north. the arrivals during last week were moderate except of foreign wheat and barley, of which of course there is yet some quantity to arrive. the new english wheat coming soft in hand, is slow sale at s. to s. reduction--free foreign finds buyers for mixing at last week's currency. barley is dull sale at last week's rates. oats are d. to s. lower. some new irish have appeared of fine quality. there is no change in beans and peas. flour is the same as last week. ----------------------------------------------+------------- british. | per qr. | wheat, essex, kent, suffolk, white | s to s ---- lothian, fife, angus, do. | s to s ---- inverness, murray, &c. | s to s ---- essex, kent, suffolk, red | s to s ---- cambridge, lincoln, red | s to s barley, english malting, and chevalier | -- -- ---- distiller's, english & scotch | -- -- ---- coarse, for grinding, &c. | s to s oats, northumberland & berwick | s to s ---- lothian, fife, angus | s to s ---- murray, ross | s to s ---- aberdeen and banff | s to s ---- caithness | s to s ---- cambridge, lincoln, &c. | s to s ---- irish | s to s ---- english, black | s to s ---- irish " | s to s ---- potato, scotch | s to s ---- " irish | s to s ---- poland, lincoln, &c. | s to s beans, ticks | s to s ---- harrow | s to s ---- small | s to s peas, white | s to s ---- boilers | -- -- flour, town made households | s to s ---- norfolk and suffolk | s to s ----------------------------------------------+------------- ----------------------------------------------+------------- foreign and colonial. | per qr. | wheat, white, spanish, tuscan | s to s ---- high mixed danzig | s to s ---- mixed do. | s to s ---- rostock, new | s to s ---- red hamburg | s to s ---- polish odessa | s to s ---- hard | -- -- ---- egyptian | s to s barley, malting, &c. | -- -- ---- distiller's, &c. | s -- ---- grinding, &c. | s to s oats, brew, &c. | s to -- ---- polands, &c. | s to -- ---- feed, &c. | s to -- ---- do, dried, riga, &c. | -- s rye, dried | -- -- ---- undried | -- -- beans, horse | s to s ---- mediterranean | s to s peas, white | s to -- ---- yellow | -- s flour, french, per lbs. nett weight | -- -- ---- american, per bar. lbs. nett weight | -- -- ---- danzig, &c. do. do. | -- -- ---- canada, do. do. | s to s ---- sour, do. do. | -- -- ----------------------------------------------+------------- corn exchange, friday, sept. .--the weather threatened to be stormy yesterday, the barometer fell, and we had some heavy drops of rain, but it has since cleared up, and to-day is degrees warmer and beautifully clear, with the wind south east. in ireland and scotland there was a good deal of rain on sunday and monday, which (we understand) stopped the harvest work for the time, but we hope by this time they have it fine again. the new english wheat comes to hand softer and lighter than at first; as usual after being stacked, the yield is much complained of, besides that many of the stacks got so soaked by the heavy rains of the st and rd of august, that the condition of the wheat is sadly spoiled. the arrivals are moderate this week, except of irish oats, several small parcels of which are of the new crop; there is also a small parcel of new scotch barley in fine condition, and new scotch oats, also good. almost all the wheat has been entered at the s. duty; we believe it is over , qrs. new english wheat is dull sale: foreign, on the other hand, is more inquired for, and not to be purchased in any quantity except at s. advance. barley is saleable in retail at monday's prices. oats are again d. cheaper than on monday, except for very fine samples. the averages lead us to suppose that on the st instant the duty on foreign wheat will rise to s. per qr.; on barley it will remain s.; on oats s.; on rye it will rise to s. d.; on beans it will remain s. d.; and on peas, s. d. london averages. for the week ending september . --------------------------------------------------------------------- wheat. barley. oats. rye. beans. peas. -----------+----------+-------------+----------+----------+---------- . qrs. | qrs. | , qrs. | qrs. | qrs. | qrs. s. d. | s. d. | s. d. | s. d. | s. d. | s. d. -----------+----------+-------------+----------+----------+---------- imperial averages. --------------------+--------+---------+--------+--------+--------+-------- | wheat. | barley. | oats. | rye. | beans. | peas. --------------------+--------+---------+--------+--------+--------+-------- weeks ending | s. d. | s. d. | s. d. | s. d. | s. d. | s. d. aug. th | | | | | | -- th | | | | | | -- th | | | | | | -- st | | | | | | sept. th | | | | | | -- th | | | | | | +--------+---------+--------+--------+--------+-------- aggregate of six | | | | | | weeks | | | | | | --------------------+--------+---------+--------+--------+--------+-------- duties till sept. | | | | | | th inclu. | | | | | | on grain from b. | | | | | | possession out | | | | | | of europe | | | | | | --------------------+--------+---------+--------+--------+--------+-------- flour--foreign, s. d. per lbs.--british possession, s. d. ditto. price of sugar. the average price of brown or muscovado sugar for the week ending september , , is s. - / d. per cwt., exclusive of the duties of customs paid or payable thereon on the importation thereof into great britain. smithfield market. monday.--there was a considerable and beneficial improvement in trade to-day for everything, but not, however, permanent; at least, the causes which produced the change this morning would not authorise a different conclusion, and the salesmen of the market, although looking forward to a very fair state of things next monday, do not anticipate that the improvement will last the next succeeding monday. it appears that london is clear of meat, the which, with small supplies of everything to-day, is the sole immediate cause of the improvement, for, notwithstanding that the market was well attended by both town and country butchers and stock-takers, they, nevertheless, at the opening of the market, appeared disposed to purchase briskly, on the supposition, according to the returns of over-night, that the supplies were large, but when this statement was discovered to be erroneous they then bought freely, and higher prices were more readily given. friday.--in consequence of the supply of beasts on sale being large for the time of year, we have to report a very heavy demand for beef, and in some instances the quotations declined d. per lbs. from scotland nearly lots were received fresh up. prime old downs maintained their previous value; but that of all other kinds of sheep had a downward tendency. in lambs very little was doing, at barely monday's quotations. calves moved off heavily, at a reduction of d. per lbs. the pork trade was unusually dull, at previous currencies. milch cows sold slowly at from _l._ to _l._ each. -----------------------------------------+--------------------------------- prices per stone. | at market. -----------------------------------------+--------------------------------- monday. friday. | monday. friday. beef s d to s d s d to s d | beasts , mutton s d to s d s d to s d | calves veal s d to s d s d to s d | sheep and lambs , , pork s d to s d s d to s d | pigs lamb s d to s d s d to s d | -----------------------------------------+--------------------------------- prices of hay and straw, per load of trusses. hay, _l._ s. d. to _l._ s. d. clover, _l._ s. d. to _l._ s. d. straw, _l._ s. d. to _l._ s. d. borough hop-market. monday.--there was no business whatever transacted during last week, and even the duty remains without fluctuation. in this state of inactivity the effects of the metropolitan total abstinence movement was a topic of interest to the trade. as it appears that nearly , persons took the pledge, the consumption of malt liquor must seriously diminished, and the demand for hops will consequently be very considerably decreased. it is fortunate, therefore, for the planters that this year's growth is not large, otherwise the prices would have been seriously low, and although that crop is not only about an average, yet from this diminished consumption, which is likely to progress, the value of the new will not be more than last year, and possibly even less. there have been a few small lots of 's at market, which go off very slowly. friday.--about ten pockets of new hops have been disposed of this week at from _l._ to _l._ per cwt. we are now almost daily expecting large supplied from kent and sussex, as picking is now going on rapidly. in old hops scarcely any business is doing, while the duty is called , _l._ liverpool cotton market. sept. .--a large amount of business has been transacted in cotton at this day's market. the sales, inclusive of , american bought on speculation, have consisted of , bales. sept. .--we have a fair inquiry for cotton this morning, and there is no change whatever in the general temper of the market. coal market. buddle's west hartley, s.; davison's west hartley, s. d.; fenham, s. d.; hastings hartley, s.; holywell main, s. d.; new tanfield, s.; ord's redheugh, s. d.; pontop windsor, s. d.; tanfield moor, s. d.; west pelton, s. d,; west hartley, s. d.; west wylam, s. d.; wylam, s. d. wall's end:--clennell, s. d.; clarke and co, s.; hilda, s. d.; riddell's, s. d.; braddyll's hetton, l s. d.; haswell, s.; hetton, s. d.; lambton, s. d.; morrison, s.; russell's hetton, s,; stewart's, s. d.; whitwell, s.; cassop, s.; hartlepool, s. d.; heselden, s, d.; quarrington, s.; trimdon, s. d.; adelaide, s.; barrett, s. d.; bowburn, s. d.; south durham, s.; tees, s. d.; cowpen hartley, s. d.; lewis's merthyr, s. d.; killingworth, s. fifty-nine ships arrived since last day. the gazette. _tuesday, september ._ declarations of insolvency. j. halls, wilkes street, spitalfields, braid manufacturer.--j. brooke, liverpool, cupper.--j. thorburn, hillhouse, yorkshire, warehouseman.--j. allwright, basingstoke, hampshire, boot maker.--j. bland, leeds, eatinghouse keeper.--w.s. lawrence, essex place, grange-road, dalston, out of business.--t. leete, finedon, northamptonshire, butcher.--w, simpson, elland upper edge, yorkshire, woollen spinner.--d. m'george, huddersfield, tea dealer.--w. hall, cockhill, wiltshire, out of business.--t. mercer, wansdon house, fulham, out of business.--w. elliott, berners street, oxford street, waiter at an hotel.--c.t. jones, charles street, berkeley square, out of business.--t. price, cardiff road, monmouthshire, coal dealer.--w. williams, newport, monmouthshire, out of business.--w.g. still, high street, poplar, hair dresser.--t. cook, giltspur street, city, tailor.--j. mayson, marlborough road, old kent road, commission agent.--d. taylor, meltham, yorkshire, licensed tea dealer.--w.w. greaves, newark-upon-trent, nottinghamshire, corn dealer.--c.h. balls, beccles, suffolk, chemist.--j. chapman (commonly known as j. fitzjames), bridges street, covent garden, comedian. bankruptcy annulled. jones, t., liverpool, coal dealer. bankrupts. sharp, r., jun., faversham, kent, draper. [reed and shaw, friday street, cheapside. pearsall, c., anderton, cheshire, boiler maker. [sharp and co., bedford row. johnson, t., late of great bridge, staffordshire, draper. [messrs nicolls and pardoe, bewdley. holt, w.j.; grantham, lincolnshire, tea dealer. [messrs hill and matthews, st mary axe. declarations of dividends. j.o. palmer, liverpool, music seller--first dividend of s. in the pound, any wednesday after december , payable at basinghall street, city.--d. ellis, haverhill, suffolk, draper--first dividend of s. d. in the pound, any wednesday after december , payable at basinghall street.--p.j. papillon, leeds, wine merchant--first dividend of s. in the pound, on any monday or wednesday after october , payable at benson's buildings, basinghall street, leeds.--e. cragg, kendal, westmoreland, innkeeper--first dividend of s. in the pound, on october , or on any succeeding saturday, payable at grey street, newcastle-upon-tyne. dividends. october , t. and j. parker, j. rawlinson, w. abbott, j. hanson, j. bell, t. chadwick, a. emsley, r. kershaw, j. musgrave, j. wooller, t. pullan, j. shaw, g. eastburn, and d. dixon, leeds, dyers.--october , t. bell, newcastle-upon-tyne, tea dealer.--october , j.g. pallister and j.m.b. newrick, sunderland, durham, grocers.--october , j. fletcher, maryport, cumberland, boiler manufacturer.--october , j. todd. hylton ferry, durham, ship builder.--october , j. parke, liverpool, druggist.--october , s. boult and t. addison, liverpool, stock brokers.--october , t. bourne, liverpool, cotton broker.--october , h. merridew, coventry, ribbon manufacturer. certificates. october , f. robert, new bond street, and gower street north, coal merchant.--october , j. bowie, shoe lane, city, grocer.--october , j. barnes, commercial place. commercial road, engineer.--october , j. davies, westminster road, lambeth, linendraper.--october , m. jackson, east thickley steam mill, durham, miller.--october , j. todd, hylton ferry, durham, ship builder.--october , j. gallop, jun., bedminster, bristol, painter.--october , g.b. worboys, bristol, perfumer.--october , r. crosbie, sutton, cheshire, tea dealer.--october , c. holebrook, uttoxeter, staffordshire, plumber.--october , j. hedderly, nottingham, druggist.--october , j. oates, glossop, derbyshire, innkeeper. certificates, october . w. pugh, gloucester, auctioneer.--j. lockwood, wakefield, yorkshire, and st. john's, new brunswick, linendraper.--h. francis, feoek, cornwall, agent.--g. chapman, aylesbury, buckinghamshire, grocer.--e. wheeler, birmingham, corn dealer.--j. a. boden, sheffield, razor manufacturer.--w. woodward, birmingham, tailor.--s. j. manning, camomile street, city, and halleford, near shepperton, manufacturer of bitters. partnerships dissolved. elizabeth o'connor and mary rossiter, brighton, sussex, milliners.--c. weatherley and h. o'neil, wilkes street, spitalfields, and ferdinand street, camden town, fancy trimming manufacturers.--h.i. isaacs and d. israel, duke street, aldgate, city, poulterers.--j. davis and a. mottram, warrington, lancashire, timber merchants,--m. fortier and emile and anna levilly, bruton street, berkeley square, milliners.--t. and g. stevenson, dudley, worcestershire, tailors.--d. israel and j. lyons, st mary-axe, city, trunk makers.--w. fairbairn, j. hetherington, and j. lee, manchester, machine makers.--e. archer, h. ewbank, jun., and a.p.w. philip, gravel lane, southwark, surrey.--j.m. pott and j. midworth, newark-upon-trent, auctioneers.--t.p. holden, t. parker, and w. burrow, liverpool, upholsterers (as regards w. burrow).--w.l. springett, t. beale, and e. kine, southwark, surrey, hop merchants (as regards w.l. springett). scotch sequestrations. a. dunn, keithock mills, near coupar-angus, farmer.--d. m'intyre, jun., fort william, merchant. * * * * * _friday, september ._ bankrupts. greenslade, w., gray's inn lane, builder. [oldershaw, king's arms yard. bone, g.b., camberwell, builder. [meymott and sons, blackfriars road. lewis, r.w., shenfield, essex, farmer. [watson and co., falcon square. phillips, s., brook street, hanover square, carpet warehousman. [reed and shaw, friday street, cheapside. pino, t.p., liverpool, ship chandler. [chester and toulmin, staple inn. hoole, w., sheffield, leather dresser. [branson, sheffield. cambridge, r.j., cheltenham, wine merchant. [packwood, cheltenham. metcalf, e., middlesbrough, yorkshire, currier. [blackburn, leeds. duffield, c., bath, grocer [jay, serjeants' inn. poppleton, c., york, linen manufacturer. [blackburn, leeds. lister, j.c., wolverhampton, wine merchant. [phillips and bolton, wolverhampton. declarations of insolvency. j. brooke, liverpool, cupper.--j. thorburn, hillhouse, yorkshire, warehouseman.--j. bland, leeds, eating house keeper.--w.s. lawrence, essex place, hackney, bank clerk.--t. leete, finedon, northamptonshire, butcher.--w. simpson, elland upper edge, yorkshire, woollen-spinner.--w. hall, cockhill, wiltshire.--d. m'george, huddersfield, tea dealer.--t. mercer, wansdown house, fulham--w. elliott, berner's street, oxford street, waiter.--c.t. jones, charles street, berkeley square.--t. price, cardiffmouth, coal dealer.--w. williams, george street, newport.--w. g. still, high street, poplar, tobacconist.--t. cook, giltspur street, city, tailor,--j. mayson, marlborough road, old kent road, commission agent.--d. taylor, aldmondbury, yorkshire, tea dealer.--w.w. greaves, newark-upon-trent, corn dealer.--c. h. balls, ringsfield, suffolk, chemist.--j. chapman, bridges street, covent garden, comedian.--j. robinson, edmonton, butcher.--g. dickinson, chenies mews, bedford square, coach painter.--j. murphy, gloucestershire, coachman.--j. burnham, harrold, bedfordshire, chemist.--w.l. phillips, kennington green, omnibus proprietor.--j.d. lockhart, poplar, tobacconist.--j. wilkinson, cheltenham, licensed victualler.--j.d. hubbarde, wakefield, printer.--j. ames, holywell, flintshire, licensed victualler.--s. bone, greenwich, cabinet maker.--j. davis, great bolton, lancashire, sawyer.--j. pollard, batley, yorkshire, blanket manufacturer.--s. m'millan, llangollen, denbighshire, tea dealer.--s. brook, birstal, yorkshire, grocer.--f. wormald, birstal, yorkshire, blacksmith.--w. barnes, knightsbridge, shopkeeper.--h. manley, belvidere buildings, st george the martyr, surrey, coach builder.--w. jeffery, queen street, brompton, horse dealer.--r.w. webb, saville row, walworth road, attorney. * * * * * births. on the th inst., in milman street, bedford row, the wife of s.s. teulon, esq. of a son. on the th inst., at nottingham place, the wife of thomas a.h. dickson, esq., of a son. marriages. at st george's church, hanover square, miss louisa georgina augusta anne murray, only daughter of general the right honourable sir george murray, g.c.b., master-general of the ordnance, to henry george boyce, esq., of the nd life guards, eldest son of mr and the late lady amelia boyce. on the th inst., at kintbury, berks, lieutenant-colonel j.a. butler, to martha, daughter of the late william bruce smith, esq., of starborough castle, surrey. on the th inst., at rickmansworth church, john, second son of thomas weall, esq., of woodcote lodge, beddington, to susanna, eldest daughter of w. white, esq., of chorleywood. deaths. on the th inst., aged years, the rev. william porter, who was for years minister of the presbyterian congregation of newtownlimavady; for fourteen years clerk to the general synod of ulster; the first moderator of the remonstrant synod, and clerk to the same reverend body since its formation. at bath, general w. brooke. the deceased general, who had served with distinction throughout the peninsular war, had been upwards of fifty years in the army. on sunday, the th instant, after a lengthened illness, at the family residence in great george street, mr john crocker bulteel. he married, may , , lady elizabeth grey, second daughter of earl grey, by whom he leaves a youthful family. lady elizabeth bulteel, who is inconsolable at her bereavement, has gone to viscount howick's residence, near datchet. advertisements. york and london life assurance company, king william-street, london. empowered by act of parliament. george frederick young, esq., chairman. mathew forster, esq. m.p. deputy chairman. the superiority of the system of assurance adopted by this company, will be found in the fact that the premium required by a bonus office to assure , _l._ on the life of a person in the th year of his age would in this office insure , _l._ s. d. assurances at other ages are effected on equally favourable terms, and thus the assured has an immediate bonus instead of a chance dependent upon longevity and the profits of an office. in cases of assurance for a limited number of years, the advantage offered by this company is still greater, no part of the profits of a bonus office being ever allotted to such assurances. prospectuses, containing tables framed to meet the circumstances of all who desire to provide for themselves or those who may survive them by assurance, either of fixed sums or annuities, may be had at the office as above, or of the agents. john reddish, sec. * * * * * h. walker's needles (by authority the "queen's own"), in the illustrated chinese boxes, are now in course of delivery to the trade. the needles have large eyes, easily threaded (even by blind persons), and improved points, temper, and finish. each paper is labelled with a likeness of her majesty or his royal highness prince albert, in relief on coloured grounds. every quality of needles, fish hooks, hooks and eyes, steel pens, &c. for shipping. these needles or pens for the home trade are sent, free by post, by any respectable dealer, on receipt of penny stamps for every shilling value.--h. walker, manufacturer to the queen, maiden lane, wood street, london. * * * * * one hundred foreign marble chimney-pieces on view. the westminster marble company have now completed their machinery, which will enable them in future to supply every variety of marble work at a considerable reduction in price. a neat box belgium marble chimney-piece, with moulded caps, feet high, can be supplied from _l._ to _l._ a best vein marble chimney-piece, from _l._ to _l._ a liberal commission for all orders will be allowed to the trade; and those persons wishing to act as agents, can have a book of designs forwarded by enclosing twenty postage stamps. direct, "the westminster marble company, earl street, horseferry road." * * * * * carriages.--the attention of gentlemen about purchasing, or having carriages to dispose of, is invited to marks and co.'s london carriage repository, langham place. an immense stock, new and second hand, by eminent builders, is always on sale, and a candid opinion of each carriage will be given as to its quality and condition. invalid carriages for any journey. carriages to be let on yearly job. * * * * * wonderful cure!--read the following interesting facts, communicated by mr brown, bookseller, gainsborough:-- "to messrs t. roberts and co. crane court, fleet street, london, proprietors of parr's life pills. "gentlemen, "west stockwith, aug. , . "i, james jackson easton, do hereby testify, that, by taking your excellent parr's life pills, i have derived greater benefit than in using all the other medicines i have tried since ; about which time i was attacked with severe illness, accompanied with excruciating pain and trembling, with large rupture. for the last six months i have had no return of this illness, nor the least appearance of the last-mentioned symptom. through the mercy of god, i do at present feel perfectly recovered from it. i still continue the occasional use of your excellent pills.--i am gentlemen, respectfully yours, j.j. easton." sold by all respectable medicine venders, in boxes at s. - / d. s. d. and s.--see the words "parr's life pills," in white letters on a red ground, engraved on the government stamp. european life insurance company, no. chatham place, blackfriars, london. established, january, . president. sir james rivett carnac, bart. vice-president. george forbes, esq. no. fitzroy square. with twelve directors. facilities are offered by this long-established society to suit the views and the means of every class of insurers. premiums are received yearly, half-yearly, or quarterly, or upon an increasing or decreasing scale. an insurance of _l._ may be effected on the ascending scale by an annual premium for the first five years of _l._ s. at the age of ; _l._ s. d. at ; _l._ s. at ; _l._ s d. at ; and _l._ s. d. at ; or, one-half only of the usual rate, with interest on the remainder, will be received for five or seven years, the other half to be paid at the convenience of the assured. the insured for life participate septennially; in the profits realised. a liberal commission is allowed to solicitors and agents. david foggo, secretary. n.b. agents are wanted in towns where none have yet been appointed. * * * * * britannia life assurance company, princes street, bank, london. empowered by special act of parliament, iv vict. cap. ix. directors. william bardgett, esq. samuel bevington, esq. wm. fechney black, esq. john brightman, esq. george cohen, esq. millis coventry, esq. john drewett, esq. robert eglinton, esq. erasmus rt. foster, esq. alex. robert irvine, esq. peter morison, esq. henry lewis smale, esq. thomas teed, esq. auditors. j.b. bevington, esq.; f.p. cockerill, esq.; j.d. dow, esq. medical officer. john clendinning, m.d. f.r.s. wimpolestreet, cavendish square. standing counsel. the hon. john ashley, new square, lincoln's inn. mr serjeant murphy, m.p. temple. solicitor. william bevan, esq. old jewry. bankers. messrs drewett and fowler, princes street, bank. this institution is empowered by a special act of parliament, and is so constituted as to afford the benefits of life assurance in their fullest extent to policy-holders, and to present greater facilities and accommodation than are usually offered by other companies. assurances may either be effected by parties on their own lives, or by parties interested therein on the lives of others. the effect of an assurance on a person's own life is to create at once a property in reversion, which can by no other means be realized. take, for instance, the case of a person at the age of thirty, who, by the payment of _l._ s. d. to the britannia life assurance company, can become at once possessed of a bequeathable property, amounting to , _l._, subject only to the condition of his continuing the same payment quarterly during the remainder of his life--a condition which may be fulfilled by the mere saving of eight shillings weekly in his expenditure. thus, by the exertion of a very slight degree of economy--such indeed, as can scarcely be felt as an inconvenience, he may at once realise a capital of , _l._, which he can bequeath or dispose of in any way he may think proper. a table of decreasing rates of premium on a novel and remarkable plan; the policy-holder having the option of discontinuing the payment of all further premiums after twenty, fifteen, ten, and even five years; and the policy still remaining in force--in the first case, for the full amount originally assured; and in either of the three other cases, for a portion of the same according to a fixed and equitable scale endorsed upon the policy. increasing rates of premium on a new and remarkable plan for securing loans or debts; a less immediate payment being required on a policy for the whole term of life than in any other office. age of the assured in every case admitted in the policy. all claims payable within one month after proof of death. medical attendants remunerated in all cases for their reports. extract from increasing rates of premium, for an assurance of _l._ for whole term of life. -----+-----------------------------------------------------------+ | annual premiums payable during | +-----------+-----------+-----------+-----------+-----------+ | st five | nd five | rd five | th five | remainder | age | years. | years. | years. | years. | of life. | -----+-----------+-----------+-----------+-----------+-----------+ | £. s. d.| £. s. d.| £. s. d.| £. s. d.| £. s. d.| | | | | | | | | | | | | | | | | | | | | | | | | -----+-----------+-----------+-----------+-----------+-----------+ detailed prospectuses, and every requisite information as to the mode of effecting assurances, may be obtained at the office. peter morrison, resident director. *** a board of directors attend daily at two o'clock, for the despatch of business. * * * * * panclibanon iron works, bazaar, no. baker street, portman square. london.--gentlemen about to furnish, or going abroad, will find it worth their attention to look into the above establishment, where they will find the largest assortment of general furnishing ironmongery ever offered to the public, consisting of tin, copper, and iron cooking utensils, table cutlery, best shffield plate, german silver wares, papier machee tea trays, tea and coffee urns, stove grates, kitchen ranges, fenders and fire-irons, baths of all kinds, shower, hot, cold, vapour, plunging, &c. ornamental iron and wire works for conservatories, lawns, &c. and garden engines. all articles are selected of the very best description, and offered at exceedingly low prices, for cash only; the price of each article being made in plain figures. * * * * * limbird's magnum bonum pens.--one dozen highly-finished steel pens, with holder, in a box, for d.; name-plate engraved for s. d.; cards printed for s. d,; crest and name engraved on visiting card for s.; arms and crests for book plates on the most reasonable terms; travelling writing-desks at s. d. s. d. s. d. and s d. each; dressing-cases from s. d. each; blotting-books in great variety, from d.; with locks, s. each; royal writing-papers--diamond, five quires for s. d.; the queen's and prince albert's size, five quires for s. d.; envelopes, d. d. and s. the ; and every article in stationery, of the best quality and lowest prices, at limbird's, strand, facing catherine street. * * * * * pianofortes.--messrs moore and co. makers of the improved pianofortes, are now selling their delightful instruments as follows:--a mahogany piccolo, the best that can be made, in a plain but fashionable case, only _l._; a - / octave ditto, only _l._; a cottage ditto, only _l._; a - / octave cottage ditto, only _l._ cabinets of all descriptions. all warranted of the very best quality, packed free of expense, and forwarded to any part of the world. some returned from hire at reduced prices. moore and co. bishopsgate street without, near sun steet. just published, two thick volumes, vo. illustrated with six large important maps, _l._ cloth, a dictionary, geographical, statistical, and historical, of the various countries, places and principal natural objects in the world. by j.r. m'culloch, esq. "the extent of information this dictionary affords on the subjects referred to in its title is truly surprising. it cannot fail to prove a vade-mecum to the student, whose inquiries will be guided by its light, and satisfied by its clear and frequently elaborated communications. every public room in which commerce, politics, or literature, forms the subject of discussion, ought to be furnished with these volumes."--globe. london: longman, brown, green, and longmans. * * * * * just published in vo. price s. d. railway reform--its expediency, practicability, and importance considered, with a copious appendix, containing an account of all the railways in great britain and ireland, parliamentary returns, &c. "an excellent pamphlet."--morning herald. "the subject is very fully, earnestly, and ably investigated."--morning advertiser. "remarkable for originality of design, boldness of execution, and minuteness in statistical detail."--sun. "we would recommend all who have an interest in railways to purchase this work."--sentinel. pelham richardson, cornhill. * * * * * la'mert on nervous debility, general and local weakness, &c. just published, seventh edition, price s. d. or free by post for s. d. self-preservation; a popular essay on the concealed causes of nervous debility, local and general weakness, indigestion, lowness of spirits, mental irritability, and insanity; with practical observations on their treatment and cure. by samuel la'mert, consulting surgeon, bedford street, bedford square, london; matriculated member of the university of edinburgh; honorary member of the london hospital medical society; licentiate of apothecaries' hall, london, &c. published by the author; and sold in london by s. gilbert, and paternoster row; field, quadrant; gordon, leadenhall street; noble, chancery lane; and by all booksellers. "the design of this work will be tolerably obvious from its title, and we cordially recommend the author and his book to all who are suffering from nervous debility and general weakness. mr la'mert has treated the subject in a very scientific and intelligible manner."--wakefield journal. at home every day till three, and from five till eight. * * * * * the fourteenth thousand. just published, in a sealed envelope, price s.; and sent free, on receiving a post office order for s. d. manhood; the causes of its premature decline, with plain directions for its perfect restoration; followed by observations on marriage, and the treatment of mental and nervous debility, incapacity, warm climate, and cure of the class of diseases resulting therefrom. illustrated with cases, &c. by j.l. curtis and co. consulting surgeons, london. fourteenth edition. published by the authors; and sold by burgess, medical bookseller, coventry street, haymarket; mann, cornhill; strange, paternoster row, london; guest, bull street, birmingham; hickling, coventry; robinson, leamington; journal office, leicester; cook, chronicle office, oxford; sowler, st anne's square, manchester; philip, south castle street, liverpool; and sold, in a sealed envelope, by all booksellers. opinions of the press. "this work, a tenth edition of which is now presented to the public--ten thousand copies have been exhausted since its first appearance--has been very much improved and enlarged by the addition of a more extended and clear detail of general principles, as also by the insertion of several new and highly interesting cases. the numberless instances daily occurring, wherein affections of the lungs, putting on all the outer appearances of consumption, which, however, when traced to their source, are found to result from certain baneful habits, fully proves that the principle of the division of labour is nowhere more applicable than in medical practice. we feel no hesitation in saying, that there is no member of society by whom the book will not be found useful, whether such person holds the relation of a parent, a preceptor, or a clergyman."--sun, evening paper. "messrs curtis's work, called 'manhood,' is one of the few books now coming before the public on such a subject which can lay claim to the character of being strictly professional, at the same time that it is fully intelligible to all who read it. the moral and medical precepts given in it render it invaluable."--magnet. messrs curtis and co. are to be consulted daily at their residence, frith street, soho square, london. country patients are requested to be as minute as possible in the details of their cases. the communication must be accompanied by the usual consultation fee of _l._; and in all cases the most inviolable secrecy may be relied on. * * * * * foreign newspaper and commission office, cornhill, london. p.l. simmonds, advertising agent, receives regularly files of all the newspapers published in the british colonies and possessions beyond the seas, which are preserved for the facility of reference and inspection, and sent when requested to parties for perusal. also various german, french, italian, american, and other foreign journals. orders and advertisements received for every foreign and european publication. * * * * * photography.--great improvements having been recently effected in this interesting and extraordinary science by mr beard, the patentee, in the process of taking and colouring likenesses, the public are particularly invited to an inspection of varieties, at the establishment, king william street, city; royal polytechnic institution; and parliament street, where exchanges for new in lieu of old portraits may be had, on payment of s. colouring small busts, s. * * * * * guarantee society. established by act of parliament. capital, £ , . trustees. charge hugge price, esq. james francis maubert, esq. thomas fowler, esq. major-general parlby, c.b. to officers of her majesty's service (both civil and military), secretaries, clerks, and all others holding, or about to hold, confidential and responsible situations, this society presents immediate facilities for obtaining surety, or integrity, upon payment of a small annual premium, and by which relatives and friends are relieved from the various pecuniary responsibilities attendant on private suretiships. the surety of this society is accepted by the war office (for payment of regiments and of pensioners), the ordnance, east india company, the customs, the bank of england, and numerous banking, mercantile, and commercial firms, both in london and in the country. forms of application and every information may be obtained at the offices, poultry, london. thomas dodgson, sec. natural mineral waters.--e. h. duhamel and co. duke street, grosvenor square, have constantly on sale the undernamed natural mineral waters, which they can supply fresh and genuine at a very reasonable price. barèges cheltenham malvern schwalbach bath ems marienbad sedlitz bonnes fachingen pullna selters bristol harrogate pyrmont spa cauterets kissengen saidschutz vichy, &c. genuine eau de cologne, digestive pastilles de vichy, and various foreign articles of pharmacy. e.h.d. and co. are the only agents for the copahine-mège, and for j. jourdain, mège and co.'s dragées minérales and dragées carboniques for effervescing lemonade, and also for their pilules carboniques, preventive of sea sickness and vomitings of every description. the dragées minérales, with which a tumbler of mineral water can be instantaneously produced, are considered as the best substitute to the genuine waters, when these cannot be procured and have the advantage of being much cheaper. * * * * * notice. wood paving.--the letters patent granted to me, david stead, for paving with wooden blocks being the first patent obtained on the subject, and rendering all subsequent patents for the same object void, have, after a long investigation at liverpool, been declared valid, notwithstanding the most resolute opposition against me by the real defendants in the case--the metropolitan wood paving company. i therefore warn all public authorities and persons using, or assisting in using wooden blocks for paving, that such infringement upon my patent will be suppressed; but i am prepared (as is my licencee, mr blackie), to execute any extent of wood paving of any description upon contract, and also to grant licenses for the adoption and promotion of the great advantage and benefits of wood paving in london, and all parts of england, scotland, and ireland. for terms, parties may apply to me, or to my solicitor, mr john duncan, lombard street, london, or to mr a.b. blackie, no. strand. (signed) david stead strand, london, sept. , . * * * * * wood pavement.--stead v. williams and others. (abridged from the liverpool albion.) this was an action for an infringement of a patent for the paving of roads, streets, &c. with timber or wooden blocks. mr martin and mr webster were for the plaintiff; mr warren and mr hoggins for the defendants; mr john duncan, of lombard street, was the solicitor for the plaintiff. the plaintiff is mr david stead, formerly a merchant of the city of london; the defendants are, nominally, mr lewis williams, and several others, who are the surveyors of streets and paving at manchester; but the action was really against the metropolitan wood paving company. about the year or mr nystrom, a russian merchant, with whom mr stead had had transactions in business came to england, having whilst in russia devoted his attention to the mode of pavement in that country, which was done in a great measure by wood. he communicated with mr stead, who paid a great deal of attention to the matter, and materially improved the scheme; and it was the intention of mr nystrom and mr stead, in or , to take out a patent, but mr nystrom found it necessary to return to russia, and thus frustrated that intention. on the th of may, , the plaintiff, however, took out a patent, and this was the one to which attention was directed. four months were allowed for inrolment, but as six months was the usual period, the plaintiff imagined that that would be the period allowed to him, and inadvertently allowed the four months to elapse before he discovered his mistake. on the st of june, , however, an act of parliament was passed, confirming the patent to mr stead, as though it had been regularly filed within the prescribed period. a second patent was afterwards obtained, but that related more particularly to the form of blocks. the first patent, which had been infringed, was for an invention consisting of a mode of paving with blocks of similar sizes and dimensions, of either a sexagonal, triangular, or square form, so as to make a level road or surface. the defendants pleaded, amongst other things, that the patent was not an original invention; that it was not useful; and that it was in use prior to the granting of the patent. the jury retired to consult at a quarter past four, and returned at twenty minutes to six o'clock with a verdict for the plaintiff. * * * * * parsons's aleppo office writing ink.--this very superior ink, being made with pure aleppo galls, is equally adapted for quills and steel pens, and combines the requisite qualities of incorrodibility and permanency of colour with an easy flow from the pen. it is therefore strongly recommended to merchants, bankers, solicitors, accountants, and others. *** warranted not to be affected either by time or climate. sold in quart, pint, half-pint, and sixpenny bottles, by john parsons, manufacturer of printing and writing inks, orange street, gravel lane, southwark; and ave maria lane, london. * * * * * under the special patronage of her most gracious majesty, h.r.h. prince albert, the royal family and the several courts of europe. rowland's macassar oil, for the growth, and for _preserving_ and beautifying the human hair. *** to ensure the real article, see that the words _rowland's macassar oil_ are engraven on the back of the label nearly , times, containing , letters. without this _none are genuine_. rowland's kalydor, for _improving and beautifying_ the skin and complexion. rowland's odonto, or pearl dentifrice, renders the teeth beautifully white, and preserves the gums. * * * * * caution. numerous _pernicious compounds_ are universally offered for sale as the real "macassar oil" and "kalydor," (some under the _implied_ sanction of royalty), the labels and bills of the original articles are copied, and either a fictitious name or the word "genuine" is used in the place of "rowland's." it is therefore necessary on purchasing either article to see that the word "rowland's" is on the envelope. for the protection of the public from fraud and imposition, the _honourable commissioners of her majesty's stamps_ have authorized the proprietors to have their names engraven on the government stamp, which is affixed to the _kalydor_ and _odonto_, thus-- a. rowland & son, no. , hatton garden. *** all others are spurious imitations. * * * * * printed by charles reynell, little pulteney street, in the parish of st james, westminster; and published by him at the office of the journal, no. wellington street, strand,--september , . the complete english tradesman by _daniel defoe_ [london , edinburgh ] contents author's preface introduction chapter i the tradesman in his preparations while an apprentice chapter ii the tradesman's writing letters chapter iii the trading style chapter iv of the tradesman acquainting himself with all business in general chapter v diligence and application in business chapter vi over-trading chapter vii of the tradesman in distress, and becoming bankrupt chapter viii the ordinary occasions of the ruin of tradesmen chapter ix of other reasons for the tradesman's disasters: and, first, of innocent diversions chapter x of extravagant and expensive living; another step to a tradesman's disaster chapter xi of the tradesman's marrying too soon chapter xii of the tradesman's leaving his business to servants chapter xiii of tradesmen making composition with debtors, or with creditors chapter xiv of the unfortunate tradesman compounding with his creditors chapter xv of tradesmen ruining one another by rumour and clamour, by scandal and reproach chapter xvi of the tradesman's entering into partnership in trade, and the many dangers attending it chapter xvii of honesty in dealing, and lying chapter xviii of the customary frauds of trade, which honest men allow themselves to practise, and pretend to justify chapter xix of fine shops, and fine shows chapter xx of the tradesman's keeping his books, and casting up his shop chapter xxi of the tradesman letting his wife be acquainted with his business chapter xxii of the dignity of trade in england more than in other countries chapter xxiii of the inland trade of england, its magnitude, and the great advantage it is to the nation in general chapter xxiv of credit in trade, and how a tradesman ought to value and improve it: how easily lost, and how hard it is to be recovered chapter xxv of the tradesman's punctual paying his bills and promissory notes under his hand, and the credit he gains by it author's preface the title of this work is an index of the performance. it is a collection of useful instructions for a young tradesman. the world is grown so wise of late, or (if you will) fancy themselves so, are so _opiniatre_, as the french well express it, so self-wise, that i expect some will tell us beforehand they know every thing already, and want none of my instructions; and to such, indeed, these instructions are not written. had i not, in a few years' experience, seen many young tradesmen miscarry, for want of those very cautions which are here given, i should have thought this work needless, and i am sure had never gone about to write it; but as the contrary is manifest, i thought, and think still, the world greatly wanted it. and be it that those unfortunate creatures that have thus blown themselves up in trade, have miscarried for want of knowing, or for want of practising, what is here offered for their direction, whether for want of wit, or by too much wit, the thing is the same, and the direction is equally needful to both. an old experienced pilot sometimes loses a ship by his assurance and over confidence of his knowledge, as effectually as a young pilot does by his ignorance and want of experience--this very thing, as i have been informed, was the occasion of the fatal disaster in which sir cloudesley shovel, and so many hundred brave fellows, lost their lives in a moment upon the rocks of scilly.[ ] he that is above informing himself when he is in danger, is above pity when he miscarries--a young tradesman who sets up thus full of himself, and scorning advice from those who have gone before him, like a horse that rushes into the battle, is only fearless of danger because he does not understand it. if there is not something extraordinary in the temper and genius of the tradesmen of this age, if there is not something very singular in their customs and methods, their conduct and behaviour in business; also, if there is not something different and more dangerous and fatal in the common road of trading, and tradesmen's management now, than ever was before, what is the reason that there are so many bankrupts and broken tradesmen now among us, more than ever were known before? i make no doubt but there is as much trade now, and as much gotten by trading, as there ever was in this nation, at least in our memory; and if we will allow other people to judge, they will tell us there is much more trade, and trade is much more gainful; what, then, must be the reason that the tradesmen cannot live on their trades, cannot keep open their shops, cannot maintain themselves and families, as well now as they could before? something extraordinary must be the case. there must be some failure in the tradesman--it can be nowhere else--either he is less sober and less frugal, less cautious of what he does, whom he trusts, how he lives, and how he behaves, than tradesmen used to be, or he is less industrious, less diligent, and takes less care and pains in his business, or something is the matter; it cannot be but if he had the same gain, and but the same expense which the former ages suffered tradesmen to thrive with, he would certainly thrive as they did. there must be something out of order in the foundation; he must fail in the essential part, or he would not fail in his trade. the same causes would have the same effects in all ages; the same gain, and but the same expense, would just leave him in the same place as it would have left his predecessor in the same shop; and yet we see one grow rich, and the other starve, under the very same circumstances. the temper of the times explains the case to every body that pleases but to look into it. the expenses of a family are quite different now from what they have been. tradesmen cannot live as tradesmen in the same class used to live; custom, and the manner of all the tradesmen round them, command a difference; and he that will not do as others do, is esteemed as nobody among them, and the tradesman is doomed to ruin by the fate of the times. in short, there is a fate upon a tradesman; either he must yield to the snare of the times, or be the jest of the times; the young tradesman cannot resist it; he must live as others do, or lose the credit of living, and be run down as if he were bankrupt. in a word, he must spend more than he can afford to spend, and so be undone; or not spend it, and so be undone. if he lives as others do, he breaks, because he spends more than he gets; if he does not, he breaks too, because he loses his credit, and that is to lose his trade. what must he do?[ ] the following directions are calculated for this exigency, and to prepare the young tradesman to stem the attacks of those fatal customs, which otherwise, if he yields to them, will inevitably send him the way of all the thoughtless tradesmen that have gone before him. here he will be effectually, we hope, encouraged to set out well; to begin wisely and prudently; and to avoid all those rocks which the gay race of tradesmen so frequently suffer shipwreck upon. and here he will have a true plan of his own prosperity drawn out for him, by which, if it be not his own fault, he may square his conduct in an unerring manner, and fear neither bad fortune nor bad friends. i had purposed to give a great many other cautions and directions in this work, but it would have spun it out too far, and have made it tedious. i would indeed have discoursed of some branches of home trade, which necessarily embarks the inland tradesman in some parts of foreign business, and so makes a merchant of the shopkeeper almost whether he will or no. for example, almost all the shopkeepers and inland traders in seaport towns, or even in the water-side part of london itself, are necessarily brought in to be owners of ships, and concerned at least in the vessel, if not in the voyage. some of their trades, perhaps, relate to, or are employed in, the building, or fitting, or furnishing out ships, as is the case at shoreham, at ipswich, yarmouth, hull, whitby, newcastle, and the like. others are concerned in the cargoes, as in the herring fishery at yarmouth and the adjacent ports, the colliery at newcastle, sunderland, &c., and the like in many other cases. in this case, the shopkeeper is sometimes a merchant adventurer, whether he will or not, and some of his business runs into sea-adventures, as in the salt trade at sheffield, in northumberland, and durham, and again at limington; and again in the coal trade, from whitehaven in cumberland to ireland, and the like. these considerations urged me to direct due cautions to such tradesmen, and such as would be particular to them, especially not to launch out in adventures beyond the compass of their stocks,[ ] and withal to manage those things with due wariness. but this work had not room for those things; and as that sort of amphibious tradesmen, for such they are, trading both by water and by land, are not of the kind with those particularly aimed at in these sheets, i thought it was better to leave them quite out than to touch but lightly upon them. i had also designed one chapter or letter to my inland tradesmen, upon the most important subject of borrowing money upon interest, which is one of the most dangerous things a tradesman is exposed to. it is a pleasant thing to a tradesman to see his credit rise, and men offer him money to trade with, upon so slender a consideration as five per cent. interest, when he gets ten per cent. perhaps twice in the year; but it is a snare of the most dangerous kind in the event, and has been the ruin of so many tradesmen, that, though i had not room for it in the work, i could not let it pass without this notice in the preface. . interest-money eats deep into the tradesman's profits, because it is a payment certain, whether the tradesman gets or loses, and as he may often get double, so sometimes he loses, and then his interest is a double payment; it is a partner with him under this unhappy circumstance, namely, that it goes halves when he gains, but not when he loses. . the lender calls for his money when he pleases, and often comes for it when the borrower can ill spare it; and then, having launched out in trade on the supposition of so much in stock, he is left to struggle with the enlarged trade with a contracted stock, and thus he sinks under the weight of it, cannot repay the money, is dishonoured, prosecuted, and at last undone, by the very loan which he took in to help him. interest of money is a dead weight upon the tradesman, and as the interest always keeps him low, the principal sinks him quite down, when that comes to be paid out again. payment of interest, to a tradesman, is like cicero bleeding to death in a warm bath;[ ] the pleasing warmth of the bath makes him die in a kind of dream, and not feel himself decay, till at last he is exhausted, falls into convulsions, and expires. a tradesman held up by money at interest, is sure to sink at last by the weight of it, like a man thrown into the sea with a stone tied about his neck, who though he could swim if he was loose, drowns in spite of all his struggle. indeed, this article would require not a letter, but a book by itself; and the tragical stories of tradesmen undone by usury are so many, and the variety so great, that they would make a history by themselves. but it must suffice to treat it here only in general, and give the tradesmen a warning of it, as the trinity-house pilots warn sailors of a sand, by hanging a buoy upon it, or as the eddystone light-house upon a sunk rock, which, as the poet says, 'bids men stand off, and live; come near, and die.' for a tradesman to borrow money upon interest, i take to be like a man going into a house infected with the plague; it is not only likely that he may be infected and die, but next to a miracle if he escapes. this part being thus hinted at, i think i may say of the following sheets, that they contain all the directions needful to make the tradesman thrive; and if he pleases to listen to them with a temper of mind willing to be directed, he must have some uncommon ill luck if he miscarries. footnotes: [ ] [october , .--admiral shovel, with the confederate fleet from the mediterranean, as he was coming home, apprehended himself near the rocks of scilly about noon, and the weather being hazy, he brought to and lay by till evening, when he made a signal for sailing. what induced him to be more cautious in the day than in the night is not known; but the fleet had not been long under sail before his own ship, the _association_, with the _eagle_ and _romney_, were dashed to pieces upon the rocks called the _bishop and his clerks_, and all their men lost; the _ferdinand_ was also cast away, and but twenty-four of her men saved. admiral byng, perceiving the misfortune, altered his course, whereby he preserved himself and the rest of the fleet which sailed after him.--_salmon's chronological historian_. london, .] [ ] [there is much reason for receiving all such complaints as the above with caution. the extravagance of the present, in contrast with the frugality of a past age, has always been a favourite topic of declamation, and appears to have no other foundation than whim. indeed, it is next to impossible that any great body of men could exist in the circumstances described in the text.] [ ] [stock is in this book invariably used for what we express by the term _capital_.] [ ] [cicero is here given by mistake for seneca, who thus suffered death by order of the tyrant nero.] introduction being to direct this discourse to the tradesmen of this nation, it is needful, in order to make the substance of this work and the subject of it agree together, that i should in a few words explain the terms, and tell the reader who it is we understand by the word tradesman, and how he is to be qualified in order to merit the title of _complete_. this is necessary, because the said term tradesman is understood by several people, and in several places, in a different manner: for example, in the north of britain, and likewise in ireland, when you say a tradesman, you are understood to mean a mechanic, such as a smith, a carpenter, a shoemaker, and the like, such as here we call a handicraftsman. in like manner, abroad they call a tradesman such only as carry goods about from town to town, and from market to market, or from house to house, to sell; these in england we call petty chapmen, in the north pethers, and in our ordinary speech pedlars. but in england, and especially in london, and the south parts of britain, we take it in another sense, and in general, all sorts of warehouse-keepers, shopkeepers, whether wholesale dealers or retailers of goods, are called tradesmen, or, to explain it by another word, trading men: such are, whether wholesale or retail, our grocers, mercers, linen and woollen drapers, blackwell-hall factors, tobacconists, haberdashers, whether of hats or small wares, glovers, hosiers, milliners, booksellers, stationers, and all other shopkeepers, who do not actually work upon, make, or manufacture, the goods they sell. on the other hand, those who make the goods they sell, though they do keep shops to sell them, are not called tradesmen, but handicrafts, such as smiths, shoemakers, founders, joiners, carpenters, carvers, turners, and the like; others, who only make, or cause to be made, goods for other people to sell, are called manufacturers and artists, &c. thus distinguished, i shall speak of them all as occasion requires, taking this general explication to be sufficient; and i thus mention it to prevent being obliged to frequent and further particular descriptions as i go on. as there are several degrees of people employed in trade below these, such as workmen, labourers, and servants, so there is a degree of traders above them, which we call merchants; where it is needful to observe, that in other countries, and even in the north of britain and ireland, as the handicraftsmen and artists are called tradesmen, so the shopkeepers whom we here call tradesmen, are all called merchants; nay, even the very pedlars are called travelling merchants.[ ] but in england the word merchant is understood of none but such as carry on foreign correspondences, importing the goods and growth of other countries, and exporting the growth and manufacture of england to other countries; or, to use a vulgar expression, because i am speaking to and of those who use that expression, such as trade beyond sea. these in england, and these only, are called merchants, by way of honourable distinction; these i am not concerned with in this work, nor is any part of it directed to them. as the tradesmen are thus distinguished, and their several occupations divided into proper classes, so are the trades. the general commerce of england, as it is the most considerable of any nation in the world, so that part of it which we call the home or inland trade, is equal, if not superior, to that of any other nation, though some of those nations are infinitely greater than england, and more populous also, as france and germany in particular. i insist that the trade of england is greater and more considerable than that of any other nation, for these reasons: . because england produces more goods as well for home consumption as for foreign exportation, and those goods all made of its own produce or manufactured by its own inhabitants, than any other nation in the world. . because england consumes within itself more goods of foreign growth, imported from the several countries where they are produced or wrought, than any other nation in the world. and-- . because for the doing this england employs more shipping and more seamen than any other nation, and, some think, than all the other nations, of europe. hence, besides the great number of wealthy merchants who carry on this great foreign _negoce_ [_negotium_ (latin) business], and who, by their corresponding with all parts of the world, import the growth of all countries hither--i say, besides these, we have a very great number of considerable dealers, whom we call tradesmen, who are properly called warehouse-keepers, who supply the merchants with all the several kinds of manufactures, and other goods of the produce of england, for exportation; and also others who are called wholesalemen, who buy and take off from the merchants all the foreign goods which they import; these, by their corresponding with a like sort of tradesmen in the country, convey and hand forward those goods, and our own also, among those country tradesmen, into every corner of the kingdom, however remote, and by them to the retailers, and by the retailer to the last consumer, which is the last article of all trade. these are the tradesmen understood in this work, and for whose service these sheets are made public. having thus described the person whom i understand by the english tradesman, it is then needful to inquire into his qualifications, and what it is that renders him a finished or complete man in his business. . that he has a general knowledge of not his own particular trade and business only--that part, indeed, well denominates a handicraftsman to be a complete artist; but our complete tradesman ought to understand all the inland trade of england, so as to be able to turn his hand to any thing, or deal in any thing or every thing of the growth and product of his own country, or the manufacture of the people, as his circumstances in trade or other occasions may require; and may, if he sees occasion, lay down one trade and take up another when he pleases, without serving a new apprenticeship to learn it. . that he not only has a knowledge of the species or kinds of goods, but of the places and peculiar countries where those goods, whether product or manufacture, are to be found; that is to say, where produced or where made, and how to come at them or deal in them, at the first hand, and to his best advantage. . that he understands perfectly well all the methods of correspondence, returning money or goods for goods, to and from every county in england; in what manner to be done, and in what manner most to advantage; what goods are generally bought by barter and exchange, and what by payment of money; what for present money, and what for time; what are sold by commission from the makers, what bought by factors, and by giving commission to buyers in the country, and what bought by orders to the maker, and the like; what markets are the most proper to buy every thing at, and where and when; and what fairs are proper to go to in order to buy or sell, or meet the country dealer at, such as sturbridge, bristol, chester, exeter; or what marts, such as beverly, lynn, boston, gainsborough, and the like. in order to complete the english tradesman in this manner, the first thing to be done is lay down such general maxims of trade as are fit for his instruction, and then to describe the english or british product, being the fund of its inland trade, whether we mean its produce as the growth of the country, or its manufactures, as the labour of her people; then to acquaint the tradesman with the manner of the circulation where those things are found, how and by what methods all those goods are brought to london, and from london again conveyed into the country; where they are principally bought at best hand, and most to the advantage of the buyer, and where the proper markets are to dispose of them again when bought. these are the degrees by which the complete tradesman is brought up, and by which he is instructed in the principles and methods of his commerce, by which he is made acquainted with business, and is capable of carrying it on with success, after which there is not a man in the universe deserves the title of a complete tradesman, like the english shopkeeper. footnotes: [ ] [this misuse of the term _merchant_ continues to exist in scotland to the present day.] chapter i the tradesman in his preparations while an apprentice the first part of a trader's beginning is ordinarily when he is very young, i mean, when he goes as an apprentice, and the notions of trade are scarcely got into his head; for boys go apprentices while they are but boys; to talk to them in their first three or four years signifies nothing; they are rather then to be taught submission to families, and subjection to their masters, and dutiful attendance in their shops or warehouses; and this is not our present business. but after they have entered the fifth or sixth year, they may then be entertained with discourses of another nature; and as they begin then to look forward beyond the time of their servitude, and think of setting up and being for themselves, i think then is the time to put them upon useful preparations for the work, and to instruct them in such things as may qualify them best to enter upon the world, and act for themselves when they are so entered. the first thing a youth in the latter part of his time is to do, is to endeavour to gain a good judgment in the wares of all kinds that he is likely to deal in--as, for example, if a draper, the quality of cloths; if a stationer, the quality of papers; if a grocer, the quality of sugars, teas, &c.; and so on with all other trades. during the first years of a young man's time, he of course learns to weigh and measure either liquids or solids, to pack up and make bales, trusses, packages, &c., and to do the coarser and laborious part of business; but all that gives him little knowledge in the species and quality of the goods, much less a nice judgment in their value and sorts, which however is one of the principal things that belong to trade. it is supposed that, by this time, if his master is a man of considerable business, his man is become the eldest apprentice, and is taken from the counter, and from sweeping the warehouse, into the counting-house, where he, among other things, sees the bills of parcels of goods bought, and thereby knows what every thing costs at first hand, what gain is made of them, and if a miscarriage happens, he knows what loss too; by which he is led of course to look into the goodness of the goods, and see the reason of things: if the goods are not to expectation, and consequently do not answer the price, he sees the reason of that loss, and he looks into the goods, and sees where and how far they are deficient, and in what; this, if he be careful to make his observations, brings him naturally to have a good judgment in the goods. if a young man neglects this part, and passes over the season for such improvement, he very rarely ever recovers it; for this part has its season, and that more remarkable than in many other cases, and that season lost, never comes again; a judgment in goods taken in early, is never lost, and a judgment taken in late is seldom good. if the youth slips this occasion, and, not minding what is before him, goes out of his time without obtaining such a skill as this in the goods he is to deal in, he enters into trade without his most useful tools, and must use spectacles before his time. for want of this knowledge of the goods, he is at a loss in the buying part, and is liable to be cheated and imposed upon in the most notorious manner by the sharp-sighted world, for his want of judgment is a thing that cannot be hid; the merchants or manufacturers of whom he buys, presently discover him; the very boys in the wholesalemen's warehouses, and in merchant's warehouses, will play upon him, sell him one thing for another, show him a worse sort when he calls for a better, and, asking a higher price for it, persuade him it is better; and when they have thus bubbled him, they triumph over his ignorance when he is gone, and expose him to the last degree. besides, for want of judgment in the goods he is to buy, he often runs a hazard of being cheated to a very great degree, and perhaps some time or other a tradesman may be ruined by it, or at least ruin his reputation. when i lived abroad, i had once a commission sent me from a merchant in london, to buy a large parcel of brandy: the goods were something out of my way, having never bought any in that country before. however, it happened that i had frequently bought and imported brandies in england, and had some judgment in them, so much that i ventured to buy without taking a cooper with me, which was not usual in that place. the first parcel of brandy i saw was very good, and i bought freely to the value of about £ , and shipped them for england, where they gave very good satisfaction to my employer. but i could not complete my commission to my mind in that parcel. some days after, some merchants, who had seen me buy the other, and thought me a novice in the business, and that i took no cooper to taste the brandy, laid a plot for me, which indeed was such a plot as i was not in the least aware of; and had not the little judgment which i had in the commodity prevented, i had been notoriously abused. the case was thus:--they gave me notice by the same person who helped me to the sight of the first brandy, that there was a cellar of extraordinary good brandy at such a place, and invited me to see it. accordingly i went in an afternoon, and tasted the brandy, being a large parcel, amounting to about £ . i liked the goods very well; but the merchant, as they called him, that is to say, the knave appointed to cheat the poor stranger, was cunningly out of the way, so that no bargain was to be made that night. but as i had said that i liked the brandy, the same person who brought me an account of them, comes to my lodgings to treat with me about the price. we did not make many words: i bade him the current price which i had bought for some days before, and after a few struggles for five crowns a-tun more, he came to my price, and his next word was to let me know the gage of the cask; and as i had seen the goods already, he thought there was nothing to do but to make a bargain, and order the goods to be delivered. but young as i was, i was too old for that too; and told him, i could not tell positively how many i should take, but that i would come in the afternoon, and taste them again, and mark out what i wanted. he seemed uneasy at that, and pretended he had two merchants waiting to see them, and he could sell them immediately, and i might do him a prejudice if i made him wait and put them off, who perhaps might buy in the mean time. i answered him coldly, i would not hinder him selling them by any means if he could have a better chapman, that i could not come sooner, and that i would not be obliged to take the whole parcel, nor would i buy any of them without tasting them again: he argued much to have me buy them, seeing, as he said, i had tasted them before, and liked them very well. 'i did so,' said i, 'but i love to have my palate confirm one day what it approved the day before.' 'perhaps,' says he, 'you would have some other person's judgment of them, and you are welcome to do so, sir, with all my heart; send any body you please:' but still he urged for a bargain, when the person sent should make his report; and then he had his agents ready, i understood afterwards, to manage the persons i should send. i answered him frankly, i had no great judgment, but that, such as it was, i ventured to trust to it; i thought i had honest men to deal with, and that i should bring nobody to taste them for me but myself. this pleased him, and was what he secretly wished; and now, instead of desiring me to come immediately, he told me, that seeing i would not buy without seeing the goods again, and would not go just then, he could not be in the way in the afternoon, and so desired i would defer it till next morning, which i readily agreed to. in the morning i went, but not so soon as i had appointed; upon which, when i came, he seemed offended, and said i had hindered him--that he could have sold the whole parcel, &c. i told him i could not have hindered him, for that i had told him he should not wait for me, but sell them to the first good customer he found. he told me he had indeed sold two or three casks, but he would not disoblige me so much as to sell the whole parcel before i came. this i mention, because he made it a kind of a bite upon me, that i should not be alarmed at seeing the casks displaced in the cellar. when i came to taste the brandy, i began to be surprised. i saw the very same casks which i had touched with the marking-iron when i was there before, but i did not like the brandy by any means, but did not yet suspect the least foul play. i went round the whole cellar, and i could not mark above three casks which i durst venture to buy; the rest apparently showed themselves to be mixed, at least i thought so. i marked out the three casks, and told him my palate had deceived me, that the rest of the brandy was not for my turn. i saw the man surprised, and turn pale, and at first seemed to be very angry, that i should, as he called it, disparage the goods--that sure i did not understand brandy, and the like--and that i should have brought somebody with me that did understand it. i answered coldly, that if i ventured my money upon my own judgment, the hazard was not to the seller, but to the buyer, and nobody had to do with that; if i did not like his goods, another, whose judgment was better, might like them, and so there was no harm done: in a word, he would not let me have the three casks i had marked, unless i took more, and i would take no more--so we parted, but with no satisfaction on his side; and i afterwards came to hear that he had sat up all the night with his coopers, mixing spirits in every cask, whence he drew off a quantity of the right brandy, and corrupted it, concluding, that as i had no judgment to choose by but my own, i could not discover it; and it came out by his quarrelling with the person who brought me to him, for telling him i did not understand the goods, upon which presumption he ventured to spoil the whole parcel. i give you this story as a just caution to a young tradesman, and to show how necessary it is that a tradesman should have judgment in the goods he buys, and how easily he may be imposed upon and abused, if he offers to buy upon his own judgment, when really it is defective. i could enlarge this article with many like examples, but i think this may suffice. the next thing i recommend to an apprentice at the conclusion of his time, is to acquaint himself with his master's chapmen;[ ] i mean of both kinds, as well those he sells to, as those he buys of, and, if he is a factor, with his master's employers. but what i aim at now is the chapmen and customers whom his master chiefly sells to. i need not explain myself not to mean by this the chance customers of a retailer's shop, for there can be no acquaintance, or very little, made with them; i mean the country shopkeepers, or others, who buy in parcels, and who buy to sell again, or export as merchants. if the young man comes from his master, and has formed no acquaintance or interest among the customers whom his master dealt with, he has, in short, slipt or lost one of the principal ends and reasons of his being an apprentice, in which he has spent seven years, and perhaps his friends given a considerable sum of money. for a young man coming out of his time to have his shop or warehouse stocked with goods, and his customers all to seek, will make his beginning infinitely more difficult to him than it would otherwise be; and he not only has new customers to seek, but has their characters to seek also, and knows not who is good and who not, till he buys that knowledge by his experience, and perhaps sometimes pays too dear for it. it was an odd circumstance of a tradesman in this city a few years ago, who, being out of his time, and going to solicit one of his master's customers to trade with him, the chapman did not so much as know him, or remember that he had ever heard his name, except as he had heard his master call his apprentice jacob. i know some masters diligently watch to prevent their apprentices speaking to their customers, and to keep them from acquainting themselves with the buyers, that when they come out of their times they may not carry the trade away with them. to hinder an apprentice from an acquaintance with the dealers of both sorts, is somewhat like laban's usage of jacob, namely, keeping back the beloved rachel, whom he served his seven years' time for, and putting him off with a blear-eyed leah in her stead; it is, indeed, a kind of robbing him, taking from him the advantage which he served his time for, and sending him into the world like a man out of a ship set on shore among savages, who, instead of feeding him, are indeed more ready to eat him up and devour him.[ ] an apprentice who has served out his time faithfully and diligently, ought to claim it as a debt to his indentures, that his master should let him into an open acquaintance with his customers; he does not else perform his promise to teach him the art and mystery of his trade; he does not make him master of his business, or enable him as he ought to set up in the world; for, as buying is indeed the first, so selling is the last end of trade, and the faithful apprentice ought to be fully made acquainted with them both. next to being acquainted with his master's customers and chapmen, the apprentice, when his time is near expiring, ought to acquaint himself with the books, that is to say, to see and learn his master's method of book-keeping, that he may follow it, if the method is good, and may learn a better method in time, if it is not. the tradesman should not be at a loss how to keep his books, when he is to begin his trade; that would be to put him to school when he is just come from school; his apprenticeship is, and ought in justice to be, a school to him, where he ought to learn every thing that should qualify him for his business, at least every thing that his master can teach him; and if he finds his master either backward or unwilling to teach him, he should complain in time to his own friends, that they may some how or other supply the defect. a tradesman's books are his repeating clock, which upon all occasions are to tell him how he goes on, and how things stand with him in the world: there he will know when it is time to go on, or when it is time to give over; and upon his regular keeping, and fully acquainting himself with his books, depends at least the comfort of his trade, if not the very trade itself. if they are not duly posted, and if every thing is not carefully entered in them, the debtor's accounts kept even, the cash constantly balanced, and the credits all stated, the tradesman is like a ship at sea, steered without a helm; he is all in confusion, and knows not what he does, or where he is; he may be a rich man, or a bankrupt--for, in a word, he can give no account of himself to himself, much less to any body else. his books being so essential to his trade, he that comes out of his time without a perfect knowledge of the method of book-keeping, like a bride undrest, is not fit to be married; he knows not what to do, or what step to take; he may indeed have served his time, but he has not learned his trade, nor is he fit to set up; and be the fault in himself for not learning, or in his master for not teaching him, he ought not to set up till he has gotten some skilful person to put him in a way to do it, and make him fully to understand it. it is true, there is not a great deal of difficulty in keeping a tradesman's books, especially if he be a retailer only; but yet, even in the meanest trades, they ought to know how to keep books. but the advice is directed to those who are above the retailer, as well as to them; if the book-keeping be small, it is the sooner learned, and the apprentice is the more to blame if he neglects it. besides, the objection is much more trifling than the advice. the tradesman cannot carry on any considerable trade without books; and he must, during his apprenticeship, prepare himself for business by acquainting himself with every thing needful for his going on with his trade, among which that of book-keeping is absolutely necessary. the last article, and in itself essential to a young tradesman, is to know how to buy; if his master is kind and generous, he will consider the justice of this part, and let him into the secret of it of his own free will, and that before his time is fully expired; but if that should not happen, as often it does not, let the apprentice know, that it is one of the most needful things to him that can belong to his apprenticeship, and that he ought not to let his time run over his head, without getting as much insight into it as possible; that therefore he ought to lose no opportunity to get into it, even whether his master approves of it or no; for as it is a debt due to him from his master to instruct him in it, it is highly just he should use all proper means to come at it. indeed, the affair in this age between masters and their apprentices, stands in a different view from what the same thing was a few years past; the state of our apprenticeship is not a state of servitude now, and hardly of subjection, and their behaviour is accordingly more like gentlemen than tradesmen; more like companions to their masters, than like servants. on the other hand, the masters seem to have made over their authority to their apprentices for a sum of money, the money taken now with apprentices being most exorbitantly great, compared to what it was in former times. now, though this does not at all exempt the servant or apprentice from taking care of himself, and to qualify himself for business while he is an apprentice, yet it is evident that it is no furtherance to apprentices; the liberties they take towards the conclusion of their time, are so much employed to worse purposes, that apprentices do not come out of their times better finished for business and trade than they did formerly, but much the worse: and though it is not the proper business and design of this work to enlarge on the injustice done both to master and servant by this change of custom, yet to bring it to my present purpose, it carries this force with it, namely, that the advice to apprentices to endeavour to finish themselves for business during the time of the indenture, is so much the more needful and seasonable. nor is this advice for the service of the master, but of the apprentice; for if the apprentice neglects this advice, if he omits to qualify himself for business as above, if he neither will acquaint himself with the customers, nor the books, nor with the buying part, nor gain judgment in the wares he is to deal in, the loss is his own, not his master's--and, indeed, he may be said to have served not himself, but his master--and both his money and his seven years are all thrown away. footnotes: [ ] [individuals dealt with.] [ ] [it would be hard to doubt that defore was sincere in this pleading of the rights of the apprentice; but its morality is certainly far from clear. the master may have gained customers with difficulty, by the exercise of much ingenuity, patience, and industry, or through some peculiar merit of his own. indeed, it is always to be presumed that a tradesman's customers are attached to him from some of these causes. of course, it would be hard if his apprentices, instead of collecting customers for themselves by the same means, seduced away those of his master. the true and direct object of an apprenticeship is to acquire a trade, not to acquire customers.] chapter ii the tradesman's writing letters as plainness, and a free unconstrained way of speaking, is the beauty and excellence of speech, so an easy free concise way of writing is the best style for a tradesman. he that affects a rumbling and bombast style, and fills his letters with long harangues, compliments, and flourishes, should turn poet instead of tradesman, and set up for a wit, not a shopkeeper. hark how such a young tradesman writes, out of the country, to his wholesale-man in london, upon his first setting up. 'sir--the destinies having so appointed it, and my dark stars concurring, that i, who by nature was framed for better things, should be put out to a trade, and the gods having been so propitious to me in the time of my servitude, that at length the days are expired, and i am launched forth into the great ocean of business, i thought fit to acquaint you, that last month i received my fortune, which, by my father's will, had been my due two years past, at which time i arrived to man's estate, and became major, whereupon i have taken a house in one of the principal streets of the town of----, where i am entered upon my business, and hereby let you know that i shall have occasion for the goods hereafter mentioned, which you may send to me by the carrier.' this fine flourish, and which, no doubt, the young fellow dressed up with much application, and thought was very well done, put his correspondent in london into a fit of laughter, and instead of sending him the goods he wrote for, put him either first upon writing down into the country to inquire after his character, and whether he was worth dealing with, or else it obtained to be filed up among such letters as deserved no answer. the same tradesman in london received by the post another letter, from a young shopkeeper in the country, to the purpose following:-- 'being obliged, sir, by my late master's decease, to enter immediately upon his business, and consequently open my shop without coming up to london to furnish myself with such goods as at present i want, i have here sent you a small order, as underwritten. i hope you will think yourself obliged to use me well, and particularly that the goods may be good of the sorts, though i cannot be at london to look them out myself. i have enclosed a bill of exchange for £ , on messrs a.b. and company, payable to you, or your order, at one-and-twenty days' sight; be pleased to get it accepted, and if the goods amount to more than that sum, i shall, when i have your bill of parcels, send you the remainder. i repeat my desire, that you will send me the goods well sorted, and well chosen, and as cheap as possible, that i may be encouraged to a further correspondence. i am, your humble servant, c.k.' this was writing like a man that understood what he was doing; and his correspondent in london would presently say--'this young man writes like a man of business; pray let us take care to use him well, for in all probability he will be a very good chapman.' the sum of the matter is this: a tradesman's letters should be plain, concise, and to the purpose; no quaint expressions, no book-phrases, no flourishes, and yet they must be full and sufficient to express what he means, so as not to be doubtful, much less unintelligible. i can by no means approve of studied abbreviations, and leaving out the needful copulatives of speech in trading letters; they are to an extreme affected; no beauty to the style, but, on the contrary, a deformity of the grossest nature. they are affected to the last degree, and with this aggravation, that it is an affectation of the grossest nature; for, in a word, it is affecting to be thought a man of more than ordinary sense by writing extraordinary nonsense; and affecting to be a man of business, by giving orders and expressing your meaning in terms which a man of business may not think himself bound by. for example, a tradesman at hull writes to his correspondent at london the following letter:-- 'sir, yours received, have at present little to reply. last post you had bills of loading, with invoice of what had loaden for your account in hamburgh factor bound for said port. what have farther orders for, shall be dispatched with expedition. markets slacken much on this side; cannot sell the iron for more than s. wish had your orders if shall part with it at that rate. no ships since the th. london fleet may be in the roads before the late storm, so hope they are safe: if have not insured, please omit the same till hear farther; the weather proving good, hope the danger is over. my last transmitted three bills exchange, import £ ; please signify if are come to hand, and accepted, and give credit in account current to your humble servant.' i pretend to say there is nothing in all this letter, though appearing to have the face of a considerable dealer, but what may be taken any way, _pro_ or _con_. the hamburgh factor may be a ship, or a horse--be bound to hamburgh or london. what shall be dispatched may be one thing, or any thing, or every thing, in a former letter. no ships since the th, may be no ships come in, or no ships gone out. the london fleet being in the roads, it may be the london fleet from hull to london, or from london to hull, both being often at sea together. the roads may be yarmouth roads, or grimsby, or, indeed, any where. by such a way of writing, no orders can be binding to him that gives them, or to him they are given to. a merchant writes to his factor at lisbon:-- 'please to send, per first ship, chests best seville, and pipes best lisbon white. may value yourself per exchange £ sterling, for the account of above orders. suppose you can send the sloop to seville for the ordered chests, &c. i am.' here is the order to send a cargo, with a _please to send_; so the factor may let it alone if he does not please.[ ] the order is chests seville; it is supposed he means oranges, but it may be chests orange-trees as well, or chests of oil, or any thing. lisbon white, may be wine or any thing else, though it is supposed to be wine. he may draw £ , but he may refuse to accept it if he pleases, for any thing such an order as that obliges him. on the contrary, orders ought to be plain and explicit; and he ought to have assured him, that on his drawing on him, his bills should be honoured--that is, accepted and paid. i know this affectation of style is accounted very grand, looks modish, and has a kind of majestic greatness in it; but the best merchants in the world are come off from it, and now choose to write plain and intelligibly: much less should country tradesmen, citizens, and shopkeepers, whose business is plainness and mere trade, make use of it. i have mentioned this in the beginning of this work, because, indeed, it is the beginning of a tradesman's business. when a tradesman takes an apprentice, the first thing he does for him, after he takes him from behind his counter, after he lets him into his counting-house and his books, and after trusting him with his more private business--i say, the first thing is to let him write letters to his dealers, and correspond with his friends; and this he does in his master's name, subscribing his letters thus:-- i am, for my master, a.b. and company, your humble servant, c.d. and beginning thus:--sir, i am ordered by my master a.b. to advise you that-- or thus:-- sir, by my master's order, i am to signify to you that orders for goods ought to be very explicit and particular, that the dealer may not mistake, especially if it be orders from a tradesman to a manufacturer to make goods, or to buy goods, either of such a quality, or to such a pattern; in which, if the goods are made to the colours, and of a marketable goodness, and within the time limited, the person ordering them cannot refuse to receive them, and make himself debtor to the maker. on the contrary, if the goods are not of a marketable goodness, or not to the patterns, or are not sent within the time, the maker ought not to expect they should be received. for example-- the tradesman, or warehouseman, or what else we may call him, writes to his correspondent at devizes, in wiltshire, thus:-- 'sir--the goods you sent me last week are not at all for my purpose, being of a sort which i am at present full of: however, if you are willing they should lie here, i will take all opportunities to sell them for your account; otherwise, on your first orders, they shall be delivered to whoever you shall direct: and as you had no orders from me for such sorts of goods, you cannot take this ill. but i have here enclosed sent you five patterns as under, marked to ; if you think fit to make me fifty pieces of druggets of the same weight and goodness with the fifty pieces, no. a.b., which i had from you last october, and mixed as exactly as you can to the enclosed patterns, ten to each pattern, and can have the same to be delivered here any time in february next, i shall take them at the same price which i gave you for the last; and one month after the delivery you may draw upon me for the money, which shall be paid to your content. your friend and servant. p.s. let me have your return per next post, intimating that you can or cannot answer this order, that i may govern myself accordingly. _to mr h.g., clothier, devizes_.' the clothier, accordingly, gives him an answer the next post, as follows:-- 'sir--i have the favour of yours of the d past, with your order for fifty fine druggets, to be made of the like weight and goodness with the two packs, no. a.b., which i made for you and sent last october, as also the five patterns enclosed, marked to , for my direction in the mixture. i give you this trouble, according to your order, to let you know i have already put the said fifty pieces in hand; and as i am always willing to serve you to the best of my power, and am thankful for your favours, you may depend upon them within the time, that is to say, some time in february next, and that they shall be of the like fineness and substance with the other, and as near to the patterns as possible. but in regard our poor are very craving, and money at this time very scarce, i beg you will give me leave (twenty or thirty pieces of them being finished and delivered to you at any time before the remainder), to draw fifty pounds on you for present occasion; for which i shall think myself greatly obliged, and shall give you any security you please that the rest shall follow within the time. as to the pack of goods in your hands, which were sent up without your order, i am content they remain in your hands for sale on my account, and desire you will sell them as soon as you can, for my best advantage. i am,' &c. here is a harmony of business, and every thing exact; the order is given plain and express; the clothier answers directly to every point; here can be no defect in the correspondence; the diligent clothier applies immediately to the work, sorts and dyes his wool, mixes his colours to the patterns, puts the wool to the spinners, sends his yarn to the weavers, has the pieces brought home, then has them to the thicking or fulling-mill, dresses them in his own workhouse, and sends them up punctually by the time; perhaps by the middle of the month. having sent up twenty pieces five weeks before, the warehouse-keeper, to oblige him, pays his bill of £ , and a month after the rest are sent in, he draws for the rest of the money, and his bills are punctually paid. the consequence of this exact writing and answering is this-- the warehouse-keeper having the order from his merchant, is furnished in time, and obliges his customer; then says he to his servant, 'well, this h.g. of devizes is a clever workman, understands his business, and may be depended on: i see if i have an order to give that requires any exactness and honest usage, he is my man; he understands orders when they are sent, goes to work immediately, and answers them punctually.' again, the clothier at devizes says to his head man, or perhaps his son, 'this mr h. is a very good employer, and is worth obliging; his orders are so plain and so direct, that a man cannot mistake, and if the goods are made honestly and to his time, there's one's money; bills are cheerfully accepted, and punctually paid; i'll never disappoint him; whoever goes without goods, he shall not.' on the contrary, when orders are darkly given, they are doubtfully observed; and when the goods come to town, the merchant dislikes them, the warehouseman shuffles them back upon the clothier, to lie for his account, pretending they are not made to his order; the clothier is discouraged, and for want of his money discredited, and all their correspondence is confusion, and ends in loss both of money and credit. footnotes: [ ] [the practice of trade now sanctions courteous expressions of this kind.] chapter iii the trading style in the last chapter i gave my thoughts for the instruction of young tradesmen in writing letters with orders, and answering orders, and especially about the proper style of a tradesman's letters, which i hinted should be plain and easy, free in language, and direct to the purpose intended. give me leave to go on with the subject a little farther, as i think it is useful in another part of the tradesman's correspondence. i might have made some apology for urging tradesmen to write a plain and easy style; let me add, that the tradesmen need not be offended at my condemning them, as it were, to a plain and homely style--easy, plain, and familiar language is the beauty of speech in general, and is the excellency of all writing, on whatever subject, or to whatever persons they are we write or speak. the end of speech is that men might understand one another's meaning; certainly that speech, or that way of speaking, which is most easily understood, is the best way of speaking. if any man were to ask me, which would be supposed to be a perfect style, or language, i would answer, that in which a man speaking to five hundred people, of all common and various capacities, idiots or lunatics excepted, should be understood by them all in the same manner with one another, and in the same sense which the speaker intended to be understood--this would certainly be a most perfect style. all exotic sayings, dark and ambiguous speakings, affected words, and, as i said in the last chapter, abridgement, or words cut off, as they are foolish and improper in business, so, indeed, are they in any other things; hard words, and affectation of style in business, is like bombast in poetry, a kind of rumbling nonsense, and nothing of the kind can be more ridiculous. the nicety of writing in business consists chiefly in giving every species of goods their trading names, for there are certain peculiarities in the trading language, which are to be observed as the greatest proprieties, and without which the language your letters are written in would be obscure, and the tradesmen you write to would not understand you--for example, if you write to your factor at lisbon, or at cadiz, to make you returns in hardware, he understands you, and sends you so many bags of pieces of eight. so, if a merchant comes to me to hire a small ship of me, and tells me it is for the pipin trade, or to buy a vessel, and tells me he intends to make a pipiner of her, the meaning is, that she is to run to seville for oranges, or to malaga for lemons. if he says he intends to send her for a lading of fruit, the meaning is, she is to go to alicant, denia, or xevia, on the coast of spain, for raisins of the sun, or to malaga for malaga raisins. thus, in the home trade in england: if in kent a man tells me he is to go among the night-riders, his meaning is, he is to go a-carrying wool to the sea-shore--the people that usually run the wool off in boats, are called owlers--those that steal customs, smugglers, and the like. in a word, there is a kind of slang in trade, which a tradesman ought to know, as the beggars and strollers know the gipsy cant, which none can speak but themselves; and this in letters of business is allowable, and, indeed, they cannot understand one another without it. a brickmaker being hired by a brewer to make some bricks for him at his country-house, wrote to the brewer that he could not go forward unless he had two or three loads _of spanish_, and that otherwise his bricks would cost him six or seven chaldrons of coals extraordinary, and the bricks would not be so good and hard neither by a great deal, when they were burnt. the brewer sends him an answer, that he should go on as well as he could for three or four days, and then the _spanish_ should be sent him: accordingly, the following week, the brewer sends him down two carts loaded with about twelve hogsheads or casks of molasses, which frighted the brickmaker almost out of his senses. the case was this:-the brewers formerly mixed molasses with their ale to sweeten it, and abate the quantity of malt, molasses, being, at that time, much cheaper in proportion, and this they called _spanish_, not being willing that people should know it. again, the brickmakers all about london, do mix sea-coal ashes, or laystal-stuff, as we call it, with the clay of which they make bricks, and by that shift save eight chaldrons of coals out of eleven, in proportion to what other people use to burn them with, and these ashes they call _spanish_. thus the received terms of art, in every particular business, are to be observed, of which i shall speak to you in its turn: i name them here to intimate, that when i am speaking of plain writing in matters of business, it must be understood with an allowance for all these things--and a tradesman must be not only allowed to use them in his style, but cannot write properly without them--it is a particular excellence in a tradesman to be able to know all the terms of art in every separate business, so as to be able to speak or write to any particular handicraft or manufacturer in his own dialect, and it is as necessary as it is for a seaman to understand the names of all the several things belonging to a ship. this, therefore, is not to be understood when i say, that a tradesman should write plain and explicit, for these things belong to, and are part of, the language of trade. but even these terms of art, or customary expressions, are not to be used with affectation, and with a needless repetition, where they are not called for. nor should a tradesman write those out-of-the-way words, though it is in the way of the business he writes about, to any other person, who he knows, or has reason to believe, does not understand them--i say, he ought not to write in those terms to such, because it shows a kind of ostentation, and a triumph over the ignorance of the person they are written to, unless at the very same time you add an explanation of the terms, so as to make them assuredly intelligible at the place, and to the person to whom they are sent. a tradesman, in such cases, like a parson, should suit his language to his auditory; and it would be as ridiculous for a tradesman to write a letter filled with the peculiarities of this or that particular trade, which trade he knows the person he writes to is ignorant of, and the terms whereof he is unacquainted with, as it would be for a minister to quote the chrysostome and st austin, and repeat at large all their sayings in the greek and the latin, in a country church, among a parcel of ploughmen and farmers. thus a sailor, writing a letter to a surgeon, told him he had a swelling on the north-east side of his face--that his windward leg being hurt by a bruise, it so put him out of trim, that he always heeled to starboard when he made fresh way, and so run to leeward, till he was often forced aground; then he desired him to give him some directions how to put himself into a sailing posture again. of all which the surgeon understood little more than that he had a swelling on his face, and a bruise in his leg. it would be a very happy thing, if tradesmen had all their _lexicon technicum_ at their fingers' ends; i mean (for pray, remember, that i observe my own rule, not to use a hard word without explaining it), that every tradesman would study so the terms of art of other trades, that he might be able to speak to every manufacturer or artist in his own language, and understand them when they talked one to another: this would make trade be a kind of universal language, and the particular marks they are obliged to, would be like the notes of music, an universal character, in which all the tradesmen in england might write to one another in the language and characters of their several trades, and be as intelligible to one another as the minister is to his people, and perhaps much more. i therefore recommend it to every young tradesman to take all occasions to converse with mechanics of every kind, and to learn the particular language of their business; not the names of their tools only, and the way of working with their instruments as well as hands, but the very cant of their trade, for every trade has its _nostrums_, and its little made words, which they often pride themselves in, and which yet are useful to them on some occasion or other. there are many advantages to a tradesman in thus having a general knowledge of the terms of art, and the cant, as i call it, of every business; and particularly this, that they could not be imposed upon so easily by other tradesmen, when they came to deal with them. if you come to deal with a tradesman or handicraft man, and talk his own language to him, he presently supposes you understand his business; that you know what you come about; that you have judgment in his goods, or in his art, and cannot easily be imposed upon; accordingly, he treats you like a man that is not to be cheated, comes close to the point, and does not crowd you with words and rattling talk to set out his wares, and to cover their defects; he finds you know where to look or feel for the defect of things, and how to judge their worth. for example:-- what trade has more hard words and peculiar ways attending it, than that of a jockey, or horse-courser, as we call them! they have all the parts of the horse, and all the diseases attending him, necessary to be mentioned in the market, upon every occasion of buying or bargaining. a jockey will know you at first sight, when you do but go round a horse, or at the first word you say about him, whether you are a dealer, as they call themselves, or a stranger. if you begin well, if you take up the horse's foot right, if you handle him in the proper places, if you bid his servant open his mouth, or go about it yourself like a workman, if you speak of his shapes or goings in the proper words--'oh!' says the jockey to his fellow, 'he understands a horse, he speaks the language:' then he knows you are not to be cheated, or, at least, not so easily; but if you go awkwardly to work, whisper to your man you bring with you to ask every thing for you, cannot handle the horse yourself, or speak the language of the trade, he falls upon you with his flourishes, and with a flux of horse rhetoric imposes upon you with oaths and asseverations, and, in a word, conquers you with the mere clamour of his trade. thus, if you go to a garden to buy flowers, plants, trees, and greens, if you know what you go about, know the names of flowers, or simples, or greens; know the particular beauties of them, when they are fit to remove, and when to slip and draw, and when not; what colour is ordinary, and what rare; when a flower is rare, and when ordinary--the gardener presently talks to you as to a man of art, tells you that you are a lover of art, a friend to a florist, shows you his exotics, his green-house, and his stores; what he has set out, and what he has budded or enarched, and the like; but if he finds you have none of the terms of art, know little or nothing of the names of plants, or the nature of planting, he picks your pocket instantly, shows you a fine trimmed fuz-bush for a juniper, sells you common pinks for painted ladies, an ordinary tulip for a rarity, and the like. thus i saw a gardener sell a gentleman a large yellow auricula, that is to say, a _running away_, for a curious flower, and take a great price. it seems, the gentleman was a lover of a good yellow; and it is known, that when nature in the auricula is exhausted, and has spent her strengh in showing a fine flower, perhaps some years upon the same root, she faints at last, and then turns into a yellow, which yellow shall be bright and pleasant the first year, and look very well to one that knows nothing of it, though another year it turns pale, and at length almost white. this the gardeners call a _run flower_, and this they put upon the gentleman for a rarity, only because he discovered at his coming that he knew nothing of the matter. the same gardener sold another person a root of white painted thyme for the right _marum syriacum;_ and thus they do every day. a person goes into a brickmaker's field to view his clamp, and buy a load of bricks; he resolves to see them loaded, because he would have good ones; but not understanding the goods, and seeing the workmen loading them where they were hard and well burnt, but looked white and grey, which, to be sure, were the best of the bricks, and which perhaps they would not have done if he had not been there to look at them, they supposing he understood which were the best; but he, in the abundance of his ignorance, finds fault with them, because they were not a good colour, and did not look red; the brickmaker's men took the hint immediately, and telling the buyer they would give him red bricks to oblige him, turned their hands from the grey hard well-burnt bricks to the soft _sammel_[ ] half-burnt bricks, which they were glad to dispose of, and which nobody that had understood them would have taken off their hands. i mention these lower things, because i would suit my writing to the understanding of the meanest people, and speak of frauds used in the most ordinary trades; but it is the like in almost all the goods a tradesman can deal in. if you go to warwickshire to buy cheese, you demand the cheese 'of the first make,' because that is the best. if you go to suffolk to buy butter, you refuse the butter of the first make, because that is not the best, but you bargain for 'the right rowing butter,' which is the butter that is made when the cows are turned into the grounds where the grass has been mowed, and the hay carried off, and grown again: and so in many other cases. these things demonstrate the advantages there are to a tradesman, in his being thoroughly informed of the terms of art, and the peculiarities belonging to every particular business, which, therefore, i call the language of trade. as a merchant should understand all languages, at least the languages of those countries which he trades to, or corresponds with, and the customs and usages of those countries as to their commerce, so an english tradesman ought to understand all the languages of trade, within the circumference of his own country, at least, and particularly of such as he may, by any of the consequences of his commerce, come to be any way concerned with. especially, it is his business to acquaint himself with the terms and trading style, as i call it, of those trades which he buys of, as to those he sells to; supposing he sells to those who sell again, it is their business to understand him, not his to understand them: and if he finds they do not understand him, he will not fail to make their ignorance be his advantage, unless he is honester and more conscientious in his dealings than most of the tradesmen of this age seem to be. footnotes: [ ] [_sammel_ is a term of art the brickmakers use for those bricks which are not well burnt, and which generally look of a pale red colour, and as fair as the other, but are soft.] chapter iv of the tradesman acquainting himself with all business in general it is the judgment of some experienced tradesmen, that no man ought to go from one business to another, and launch out of the trade or employment he was bred to: _tractent fabrilia fabri_--'every man to his own business;' and, they tell us, men never thrive when they do so. i will not enter into that dispute here. i know some good and encouraging examples of the contrary, and which stand as remarkable instances, or as exceptions to the general rule: but let that be as it will, sometimes providence eminently calls upon men out of one employ into another, out of a shop into a warehouse, out of a warehouse into a shop, out of a single hand into a partnership, and the like; and they trade one time here, another time there, and with very good success too. but i say, be that as it will, a tradesman ought so far to acquaint himself with business, that he should not be at a loss to turn his hand to this or that trade, as occasion presents, whether in or out of the way of his ordinary dealing, as we have often seen done in london and other places, and sometimes with good success. this acquainting himself with business does not intimate that he should learn every trade, or enter into the mystery of every employment. that cannot well be; but that he should have a true notion of business in general, and a knowledge how and in what manner it is carried on; that he should know where every manufacture is made, and how bought at first hand; that he should know which are the proper markets, and what the particular kinds of goods to exchange at those markets; that he should know the manner how every manufacture is managed, and the method of their sale. it cannot be expected that he should have judgment in the choice of all kinds of goods, though in a great many he may have judgment too: but there is a general understanding in trade, which every tradesman both may and ought to arrive to; and this perfectly qualifies him to engage in any new undertaking, and to embark with other persons better qualified than himself in any new trade, which he was not in before; in which, though he may not have a particular knowledge and judgment in the goods they are to deal in or to make, yet, having the benefit of the knowledge his new partner is master of, and being himself apt to take in all additional lights, he soon becomes experienced, and the knowledge of all the other parts of business qualifies him to be a sufficient partner. for example--a.b. was bred a dry-salter, and he goes in partner with with c.d., a scarlet-dyer, called a bow-dyer, at wandsworth. as a salter, a.b. has had experience enough in the materials for dyeing, as well scarlets as all other colours, and understands very well the buying of cochineal, indigo, galls, shumach, logwood, fustick, madder, and the like; so that he does his part very well. c.d. is an experienced scarlet-dyer; but now, doubling their stock, they fall into a larger work, and they dye bays and stuffs, and other goods, into differing colours, as occasion requires; and this brings them to an equality in the business, and by hiring good experienced servants, they go on very well together. the like happens often when a tradesman turns his hand from one trade to another; and when he embarks, either in partnership or out of it, in any new business, it is supposed he seldom changes hands in such a manner without some such suitable person to join with, or that he has some experienced head workman to direct him, which, if that workman proves honest, is as well as a partner. on the other hand, his own application and indefatigable industry supply the want of judgment. thus, i have known several tradesmen turn their hands from one business to another, or from one trade entirely to another, and very often with good success. for example, i have seen a confectioner turn a sugar-baker; another a distiller; an apothecary turn chemist, and not a few turn physicians, and prove very good physicians too; but that is a step beyond what i am speaking of. but my argument turns upon this--that a tradesman ought to be able to turn his hand to any thing; that is to say, to lay down one trade and take up another, if occasion leads him to it, and if he sees an evident view of profit and advantage in it; and this is only done by his having a general knowledge of trade, so as to have a capacity of judging: and by but just looking upon what is offered or proposed, he sees as much at first view as others do by long inquiry, and with the judgment of many advisers. when i am thus speaking of the tradesman's being capable of making judgment of things, it occurs, with a force not to be resisted, that i should add, he is hereby fenced against bubbles and projects, and against those fatal people called projectors, who are, indeed, among tradesmen, as birds of prey are among the innocent fowls--devourers and destroyers. a tradesman cannot be too well armed, nor too much cautioned, against those sort of people; they are constantly surrounded with them, and are as much in jeopardy from them, as a man in a crowd is of having his pocket picked--nay, almost as a man is when in a crowd of pickpockets. nothing secures the tradesman against those men so well as his being thoroughly knowing in business, having a judgment to weigh all the delusive schemes and the fine promises of the wheedling projector, and to see which are likely to answer, or which not; to examine all his specious pretences, his calculations and figures, and see whether they are as likely to answer the end as he takes upon him to say they will; to make allowances for all his fine flourishes and outsides, and then to judge for himself. a projector is to a tradesman a kind of incendiary; he is in a constant plot to blow him up, or set fire to him; for projects are generally as fatal to a tradesman as fire in a magazine of gunpowder. the honest tradesman is always in danger, and cannot be too wary; and therefore to fortify his judgment, that he may be able to guard against such people as these, is one of the most necessary things i can do for him. in order, then, to direct the tradesman how to furnish himself thus with a needful stock of trading knowledge, first, i shall propose to him to converse with tradesmen chiefly: he that will be a tradesman should confine himself within his own sphere: never was the gazette so full of the advertisements of commissions of bankrupt as since our shopkeepers are so much engaged in parties, formed into clubs to hear news, and read journals and politics; in short, when tradesmen turn statesmen, they should either shut up their shops, or hire somebody else to look after them. the known story of the upholsterer is very instructive,[ ] who, in his abundant concern for the public, ran himself out of his business into a jail; and even when he was in prison, could not sleep for the concern he had for the liberties of his dear country: the man was a good patriot, but a bad shopkeeper; and, indeed, should rather have shut up his shop, and got a commission in the army, and then he had served his country in the way of his calling. but i may speak to this more in its turn. my present subject is not the negative, what he should not do, but the affirmative, what he should do; i say, he should take all occasions to converse within the circuit of his own sphere, that is, dwell upon the subject of trade in his conversation, and sort with and converse among tradesmen as much as he can; as writing teaches to write--_scribendo discis scribere_--so conversing among tradesmen will make him a tradesman. i need not explain this so critically as to tell you i do not mean he should confine or restrain himself entirely from all manner of conversation but among his own class: i shall speak to that in its place also. a tradesman may on occasion keep company with gentlemen as well as other people; nor is a trading man, if he is a man of sense, unsuitable or unprofitable for a gentleman to converse with, as occasion requires; and you will often find, that not private gentlemen only, but even ministers of state, privy-councillors, members of parliament, and persons of all ranks in the government, find it for their purpose to converse with tradesmen, and are not ashamed to acknowledge, that a tradesman is sometimes qualified to inform them in the most difficult and intricate, as well as the most urgent, affairs of government; and this has been the reason why so many tradesmen have been advanced to honours and dignities above their ordinary rank, as sir charles duncombe, a goldsmith; sir henry furnese, who was originally a retail hosier; sir charles cook, late one of the board of trade, a merchant; sir josiah child, originally a very mean tradesman; the late mr lowndes, bred a scrivener; and many others, too many to name. but these are instances of men called out of their lower sphere for their eminent usefulness, and their known capacities, being first known to be diligent and industrious men in their private and lower spheres; such advancements make good the words of the wise man--'seest thou a man diligent in his calling, he shall stand before kings; he shall not stand before mean men.[ ] in the mean time, the tradesman's proper business is in his shop or warehouse, and among his own class or rank of people; there he sees how other men go on, and there he learns how to go on himself; there he sees how other men thrive, and learns to thrive himself; there he hears all the trading news--as for state news and politics, it is none of his business; there he learns how to buy, and there he gets oftentimes opportunities to sell; there he hears of all the disasters in trade, who breaks, and why; what brought such and such a man to misfortunes and disasters; and sees the various ways how men go down in the world, as well as the arts and management, by which others from nothing arise to wealth and estates. here he sees the scripture itself thwarted, and his neighbour tradesman, a wholesale haberdasher, in spite of a good understanding, in spite of a good beginning, and in spite of the most indefatigable industry, sink in his circumstances, lose his credit, then his stock, and then break and become bankrupt, while the man takes more pains to be poor than others do to grow rich. there, on the other hand, he sees g.d., a plodding, weak-headed, but laborious wretch, of a confined genius, and that cannot look a quarter of a mile from his shop-door into the world, and beginning with little or nothing, yet rises apace in the mere road of business, in which he goes on like the miller's horse, who, being tied to the post, is turned round by the very wheel which he turns round himself; and this fellow shall get money insensibly, and grow rich even he knows not how, and no body else knows why. here he sees f.m. ruined by too much trade, and there he sees m.f. starved for want of trade; and from all these observations he may learn something useful to himself, and fit to guide his own measures, that he may not fall into the same mischiefs which he sees others sink under, and that he may take the advantage of that prudence which others rise by. all these things will naturally occur to him, in his conversing among his fellow-tradesmen. a settled little society of trading people, who understand business, and are carrying on trade in the same manner with himself, no matter whether they are of the very same trades or no, and perhaps better not of the same--such a society, i say, shall, if due observations are made from it, teach the tradesman more than his apprenticeship; for there he learned the operation, here he learns the progression; his apprenticeship is his grammar-school, this is his university; behind his master's counter, or in his warehouse, he learned the first rudiments of trade, but here he learns the trading sciences; here he comes to learn the _arcana_, speak the language, understand the meaning of every thing, of which before he only learned the beginning: the apprenticeship inducts him, and leads him as the nurse the child; this finishes him; there he learned the beginning of trade, here he sees it in its full extent; in a word, there he learned to trade, here he is made a complete tradesman. let no young tradesman object, that, in the conversation i speak of, there are so many gross things said, and so many ridiculous things argued upon, there being always a great many weak empty heads among the shopkeeping trading world: this may be granted without any impeachment of what i have advanced--for where shall a man converse, and find no fools in the society?--and where shall he hear the weightiest things debated, and not a great many empty weak things offered, out of which nothing can be learned, and from which nothing can be deduced?--for 'out of nothing, nothing can come.' but, notwithstanding, let me still insist upon it to the tradesman to keep company with tradesmen; let the fool run on in his own way; let the talkative green-apron rattle in his own way; let the manufacturer and his factor squabble and brangle; the grave self-conceited puppy, who was born a boy, and will die before he is a man, chatter and say a great deal of nothing, and talk his neighbours to death--out of every one you will learn something--they are all tradesmen, and there is always something for a young tradesman to learn from them. if, understanding but a little french, you were to converse every day a little among some frenchmen in your neighbourhood, and suppose those frenchmen, you thus kept company with, were every one of them fools, mere ignorant, empty, foolish fellows, there might be nothing learnt from their sense, but you would still learn french from them, if it was no more than the tone and accent, and the ordinary words usual in conversation. thus, among your silly empty tradesmen, let them be as foolish and empty other ways as you can suggest, though you can learn no philosophy from them, you may learn many things in trade from them, and something from every one; for though it is not absolutely necessary that every tradesman should be a philosopher, yet every tradesman, in his way, knows something that even a philosopher may learn from. i knew a philosopher that was excellently skilled in the noble science or study of astronomy, who told me he had some years studied for some simile, or proper allusion, to explain to his scholars the phenomena of the sun's motion round its own axis, and could never happen upon one to his mind, till by accident he saw his maid betty trundling her mop: surprised with the exactness of the motion to describe the thing he wanted, he goes into his study, calls his pupils about him, and tells them that betty, who herself knew nothing of the matter, could show them the sun revolving about itself in a more lively manner than ever he could. accordingly, betty was called, and bidden bring out her mop, when, placing his scholars in a due-position, opposite not to the face of the maid, but to her left side, so that they could see the end of the mop, when it whirled round upon her arm. they took it immediately--there was the broad-headed nail in the centre, which was as the body of the sun, and the thrums whisking round, flinging the water about every way by innumerable little streams, describing exactly the rays of the sun, darting light from the centre to the whole system. if ignorant betty, by the natural consequences of her operation, instructed the astronomer, why may not the meanest shoemaker or pedlar, by the ordinary sagacity of his trading wit, though it may be indeed very ordinary, coarse, and unlooked for, communicate something, give some useful hint, dart some sudden thought into the mind of the observing tradesman, which he shall make his use of, and apply to his own advantage in trade, when, at the same time, he that gives such hint shall himself, like betty and her mop, know nothing of the matter? every tradesman is supposed to manage his business his own way, and, generally speaking, most tradesmen have some ways peculiar and particular to themselves, which they either derived from the masters who taught them, or from the experience of things, or from something in the course of their business, which had not happened to them before. and those little _nostrums_ are oftentime very properly and with advantage communicated from one to another; one tradesman finds out a nearer way of buying than another, another finds a vent for what is bought beyond what his neighbour knows of, and these, in time, come to be learned of them by their ordinary conversation. i am not for confining the tradesman from keeping better company, as occasion and leisure requires; i allow the tradesman to act the gentleman sometimes, and that even for conversation, at least if his understanding and capacity make him suitable company to them, but still his business is among those of his own rank. the conversation of gentlemen, and what they call keeping good company, may be used as a diversion, or as an excursion, but his stated society must be with his neighbours, and people in trade; men of business are companions for men of business; with gentlemen he may converse pleasantly, but here he converses profitably; tradesmen are always profitable to one another; as they always gain by trading together, so they never lose by conversing together; if they do not get money, they gain knowledge in business, improve their experience, and see farther and farther into the world. a man of but an ordinary penetration will improve himself by conversing in matters of trade with men of trade; by the experience of the old tradesmen they learn caution and prudence, and by the rashness and the miscarriages of the young, they learn what are the mischiefs that themselves may be exposed to. again, in conversing with men of trade, they get trade; men first talk together, then deal together--many a good bargain is made, and many a pound gained, where nothing was expected, by mere casual coming to talk together, without knowing any thing of the matter before they met. the tradesmen's meetings are like the merchants' exchange, where they manage, negociate, and, indeed, beget business with one another. let no tradesman mistake me in this part; i am not encouraging them to leave their shops and warehouses, to go to taverns and ale-houses, and spend their time there in unnecessary prattle, which, indeed, is nothing but sotting and drinking; this is not meeting to do business, but to neglect business. of which i shall speak fully afterwards. but the tradesmen conversing with one another, which i mean, is the taking suitable occasions to discourse with their fellow tradesmen, meeting them in the way of their business, and improving their spare hours together. to leave their shops, and quit their counters, in the proper seasons for their attendance there, would be a preposterous negligence, would be going out of business to gain business, and would be cheating themselves, instead of improving themselves. the proper hours of business are sacred to the shop and the warehouse. he that goes out of the order of trade, let the pretence of business be what it will, loses his business, not increases it; and will, if continued, lose the credit of his conduct in business also. footnotes: [ ] [the story of the political upholsterer forms the subject of several amusing papers by addison in the _tatler_.] [ ] [to stand in the presence of a prince is the highest mark of honour in the east, as to sit is with us.] chapter v diligence and application in business solomon was certainly a friend to men of business, as it appears by his frequent good advice to them. in prov. xviii. , he says, 'he that is slothful in business, is brother to him that is a great waster:' and in another place, 'the sluggard shall be clothed in rags,' (prov. xxiii. ), or to that purpose. on the contrary, the same wise man, by way of encouragement, tells them, 'the diligent hand maketh rich,' (prov. x. ), and, 'the diligent shall bear rule, but the slothful shall be under tribute.' nothing can give a greater prospect of thriving to a young tradesman, than his own diligence; it fills himself with hope, and gives him credit with all who know him; without application, nothing in this world goes forward as it should do: let the man have the most perfect knowledge of his trade, and the best situation for his shop, yet without application nothing will go on. what is the shop without the master? what the books without the book-keeper? what the credit without the man? hark how the people talk of such conduct as the slothful negligent trader discovers in his way. 'such a shop,' says the customer, 'stands well, and there is a good stock of goods in it, but there is nobody to serve but a 'prentice-boy or two, and an idle journeyman: one finds them always at play together, rather than looking out for customers; and when you come to buy, they look as if they did not care whether they showed you any thing or no. one never sees a master in the shop, if we go twenty times, nor anything that bears the face of authority. then, it is a shop always exposed, it is perfectly haunted with thieves and shop-lifters; they see nobody but raw boys in it, that mind nothing, and the diligent devils never fail to haunt them, so that there are more outcries of 'stop thief!' at their door, and more constables fetched to that shop, than to all the shops in the row. there was a brave trade at that shop in mr--'s time: he was a true shopkeeper; like the quack doctor, you never missed him from seven in the morning till twelve, and from two till nine at night, and he throve accordingly--he left a good estate behind him. but i don't know what these people are; they say there are two partners of them, but there had as good be none, for they are never at home, nor in their shop: one wears a long wig and a sword, i hear, and you see him often in the mall and at court, but very seldom in his shop, or waiting on his customers; and the other, they say, lies a-bed till eleven o'clock every day, just comes into the shop and shows himself, then stalks about to the tavern to take a whet, then to child's coffee-house to hear the news, comes home to dinner at one, takes a long sleep in his chair after it, and about four o'clock comes into the shop for half an hour, or thereabouts, then to the tavern, where he stays till two in the morning, gets drunk, and is led home by the watch, and so lies till eleven again; and thus he walks round like the hand of a dial. and what will it all come to?--they'll certainly break, that you may be sure of; they can't hold it long.' 'this is the town's way of talking, where they see an example of it in the manner as is described; nor are the inferences unjust, any more than the description is unlike, for such certainly is the end of such management, and no shop thus neglected ever made a tradesman rich. on the contrary, customers love to see the master's face in the shop, and to go to a shop where they are sure to find him at home. when he does not sell, or cannot take the price offered, yet the customers are not disobliged, and if they do not deal now, they may another time: if they do deal, the master generally gets a better price for his goods than a servant can, besides that he gives better content; and yet the customers always think they buy cheaper of the master too. i seem to be talking now of the mercer or draper, as if my discourse were wholly bent and directed to them; but it is quite contrary, for it concerns every tradesman--the advice is general, and every tradesman claims a share in it; the nature of trade requires it. it is an old anglicism, 'such a man drives a trade;' the allusion is to a carter, that with his voice, his hands, his whip, and his constant attendance, keeps the team always going, helps himself, lifts at the wheel in every slough, doubles his application upon every difficulty, and, in a word, to complete the simile, if he is not always with his horses, either the wagon is set in a hole, or the team stands still, or, which is worst of all, the load is spoiled by the waggon overthrowing. it is therefore no improper speech to say, such a man drives his trade; for, in short, if trade is not driven, it will not go. trade is like a hand-mill, it must always be turned about by the diligent hand of the master; or, if you will, like the pump-house at amsterdam, where they put offenders in for petty matters, especially beggars; if they will work and keep pumping, they sit well, and dry and safe, and if they work very hard one hour or two, they may rest, perhaps, a quarter of an hour afterwards; but if they oversleep themselves, or grow lazy, the water comes in upon them and wets them, and they have no dry place to stand in, much less to sit down in; and, in short, if they continue obstinately idle, they must sink; so that it is nothing but _pump_ or _drown_, and they may choose which they like best. he that engages in trade, and does not resolve to work at it, is _felo de se_; it is downright murdering himself; that is to say, in his trading capacity, he murders his credit, he murders his stock, and he starves, which is as bad as murdering, his family. trade must not be entered into as a thing of light concern; it is called business very properly, for it is a business _for_ life, and ought to be followed as one of the great businesses _of_ life--i do not say the chief, but one of the great businesses of life it certainly is--trade must, i say, be worked at, not played with; he that trades in jest, will certainly break in earnest; and this is one reason indeed why so many tradesmen come to so hasty a conclusion of their affairs. there was another old english saying to this purpose, which shows how much our old fathers were sensible of the duty of a shopkeeper: speaking of the tradesman as just opening his shop, and beginning a dialogue with it; the result of which is, that the shop replies to the tradesman thus: 'keep me, and i will keep thee.' it is the same with driving the trade; if the shopkeeper will not keep, that is, diligently attend to his shop, the shop will not keep, that is, maintain him: and in the other sense it is harsher to him, if he will not drive his trade, the trade will drive him; that is, drive him out of the shop, drive him away. all these old sayings have this monitory substance in them; namely, they all concur to fill a young tradesman with true notions of what he is going about; and that the undertaking of a trade is not a sport or game, in which he is to meet with diversions only, and entertainment, and not to be in the least troubled or disturbed: trade is a daily employment, and must be followed as such, with the full attention of the mind, and full attendance of the person; nothing but what are to be called the necessary duties of life are to intervene; and even these are to be limited so as not to be prejudicial to business. and now i am speaking of the necessary things which may intervene, and which may divide the time with our business or trade, i shall state the manner in a few words, that the tradesman may neither give too much, nor take away too much, to or from any respective part of what may be called his proper employment, but keep as due a balance of his time as he should of his books or cash. the life of man is, or should be, a measure of allotted time; as his time is measured out to him, so the measure is limited, must end, and the end of it is appointed. the purposes for which time is given, and life bestowed, are very momentous; no time is given uselessly, and for nothing; time is no more to be unemployed, than it is to be ill employed. three things are chiefly before us in the appointment of our time: . necessaries of nature. . duties of religion, or things relating to a future life. . duties of the present life, namely, business and calling. i. necessities of nature, such as eating and drinking; rest, or sleep; and in case of disease, a recess from business; all which have two limitations on them, and no more; namely, that they be . referred to their proper seasons. . used with moderation. both these might give me subject to write many letters upon; but i study brevity, and desire rather to hint than dwell upon things which are serious and grave, because i would not tire you. ii. duties of religion: these may be called necessities too in their kind, and that of the sublimest nature; and they ought not to be thrust at all out of their place, and yet they ought to be kept in their place too. iii. duties of life, that is to say, business, or employment, or calling, which are divided into three kinds: . labour, or servitude. . employment. . trade. by labour, i mean the poor manualist, whom we properly call the labouring man, who works for himself indeed in one respect, but sometimes serves and works for wages, as a servant, or workman. by employment, i mean men in business, which yet is not properly called trade, such as lawyers, physicians, surgeons, scriveners, clerks, secretaries, and such like: and by trade i mean merchants and inland-traders, such as are already described in the introduction to this work. to speak of time, it is divided among these; even in them all there is a just equality of circumstances to be preserved, and as diligence is required in one, and necessity to be obeyed in another, so duty is to be observed in the third; and yet all these with such a due regard to one another, as that one duty may not jostle out another; and every thing going on with an equality and just regard to the nature of the thing, the tradesman may go on with a glad heart and a quiet conscience. this article is very nice, as i intend to speak to it; and it is a dangerous thing indeed to speak to, lest young tradesmen, treading on the brink of duty on one side, and duty on the other side, should pretend to neglect their duty to heaven, on pretence that i say they must not neglect their shops. but let them do me justice, and they will do themselves no injury; nor do i fear that my arguing on this point should give them any just cause to go wrong; if they will go wrong, and plead my argument for their excuse, it must be by their abusing my directions, and taking them in pieces, misplacing the words, and disjointing the sense, and by the same method they may make blasphemy of the scripture. the duties of life, i say, must not interfere with one another, must not jostle one another out of the place, or so break in as to be prejudicial to one another. it is certainly the duty of every christian to worship god, to pay his homage morning and evening to his maker, and at all other proper seasons to behave as becomes a sincere worshipper of god; nor must any avocation, either of business or nature, however necessary, interfere with this duty, either in public or in private. this is plainly asserting the necessity of the duty, so no man can pretend to evade that. but the duties of nature and religion also have such particular seasons, and those seasons so proper to themselves, and so stated, as not to break in or trench upon one another, that we are really without excuse, if we let any one be pleaded for the neglect of the other. food, sleep, rest, and the necessities of nature, are either reserved for the night, which is appointed for man to rest, or take up so little room in the day, that they can never be pleaded in bar of either religion or employment. he, indeed, who will sleep when he should work, and perhaps drink when he should sleep, turns nature bottom upwards, inverts the appointment of providence, and must account to himself, and afterwards to a higher judge, for the neglect. the devil--if it be the devil that tempts, for i would not wrong satan himself--plays our duties often one against another; and to bring us, if possible, into confusion in our conduct, subtly throws religion out of its place, to put it in our way, and to urge us to a breach of what we ought to do: besides this subtle tempter--for, as above, i won't charge it all upon the devil--we have a great hand in it ourselves; but let it be who it will, i say, this subtle tempter hurries the well-meaning tradesman to act in all manner of irregularity, that he may confound religion and business, and in the end may destroy both. when the tradesman well inclined rises early in the morning, and is moved, as in duty to his maker he ought, to pay his morning vows to him either in his closet, or at the church, where he hears the six o'clock bell ring to call his neighbours to the same duty--then the secret hint comes across his happy intention, that he must go to such or such a place, that he may be back time enough for such other business as has been appointed over-night, and both perhaps may be both lawful and necessary; so his diligence oppresses his religion, and away he runs to transact his business, and neglects his morning sacrifice to his maker. on the other hand, and at another time, being in his shop, or his counting-house, or warehouse, a vast throng of business upon his hands, and the world in his head, when it is highly his duty to attend it, and shall be to his prejudice to absent himself--then the same deceiver presses him earnestly to go to his closet, or to the church to prayers, during which time his customer goes to another place, the neighbours miss him in his shop, his business is lost, his reputation suffers; and by this turned into a practice, the man may say his prayers so long and so unseasonably till he is undone, and not a creditor he has (i may give it him from experience) will use him the better, or show him the more favour, when a commission of bankrupt comes out against him. thus, i knew once a zealous, pious, religious tradesman, who would almost shut up his shop every day about nine or ten o'clock to call all his family together to prayers; and yet he was no presbyterian, i assure you; i say, he would almost shut up his shop, for he would suffer none of his servants to be absent from his family worship. this man had certainly been right, had he made all his family get up by six o'clock in the morning, and called them to prayers before he had opened his shop; but instead of that, he first suffered sleep to interfere with religion, and lying a-bed to postpone and jostle out his prayers--and then, to make god almighty amends upon himself, wounds his family by making his prayers interfere with his trade, and shuts his customers out of his shop; the end of which was, the poor good man deceived himself, and lost his business. another tradesman, whom i knew personally well, was raised in the morning very early, by the outcries of his wife, to go and fetch a midwife. it was necessary, in his way, to go by a church, where there was always, on that day of the week, a morning sermon early, for the supplying the devotion of such early christians as he; so the honest man, seeing the door open, steps in, and seeing the minister just gone up into the pulpit, sits down, joins in the prayers, hears the sermon, and goes very gravely home again; in short, his earnestness in the worship, and attention to what he had heard, quite put the errand he was sent about out of his head; and the poor woman in travail, after having waited long for the return of her husband with the midwife, was obliged (having run an extreme hazard by depending on his expedition) to dispatch other messengers, who fetched the midwife, and she was come, and the work over, long before the sermon was done, or that any body heard of the husband: at last, he was met coming gravely home from the church, when being upbraided with his negligence, in a dreadful surprise he struck his hands together, and cried out, 'how is my wife? i profess i forgot it!' what shall we say now to this ill-timed devotion, and who must tempt the poor man to this neglect? certainly, had he gone for the midwife, it had been much more his duty, than to go to hear a sermon at that time. i knew also another tradesman, who was such a sermon-hunter, and, as there are lectures and sermons preached in london, either in the churches or meeting-houses, almost every day in the week, used so assiduously to hunt out these occasions, that whether it was in a church or meeting-house, or both, he was always abroad to hear a sermon, at least once every day, and sometimes more; and the consequence was, that the man lost his trade, his shop was entirely neglected, the time which was proper for him to apply to his business was misapplied, his trade fell off, and the man broke. now it is true, and i ought to take notice of it also, that, though these things happen, and may wrong a tradesman, yet it is oftener, ten times for once, that tradesmen neglect their shop and business to follow the track of their vices and extravagence--some by taverns, others to the gaming-houses, others to balls and masquerades, plays, harlequins, and operas, very few by too much religion. but my inference is still sound, and the more effectually so as to that part; for if our business and trades are not to be neglected, no, not for the extraordinary excursions of religion, and religious duties, much less are they to be neglected for vices and extravagances. this is an age of gallantry and gaiety, and never was the city transposed to the court as it is now; the play-houses and balls are now filled with citizens and young tradesmen, instead of gentlemen and families of distinction; the shopkeepers wear a differing garb now, and are seen with their long wigs and swords, rather than with aprons on, as was formerly the figure they made. but what is the difference in the consequences? you did not see in those days acts of grace for the relief of insolvent debtors almost every session of parliament, and yet the jails filled with insolvents before the next year, though ten or twelve thousand have been released at a time by those acts. nor did you hear of so many commissions of bankrupt every week in the gazette, as is now the case; in a word, whether you take the lower sort of tradesman, or the higher, where there were twenty that failed in those days, i believe i speak within compass if i say that five hundred turn insolvent now; it is, as i said above, an age of pleasure, and as the wise man said long ago, 'he that loves pleasure shall be a poor man'--so it is now; it is an age of drunkenness and extravagance, and thousands ruin themselves by that; it is an age of luxurious and expensive living, and thousands more undo themselves by that; but, among all our vices, nothing ruins a tradesman so effectually as the neglect of his business: it is true, all those things prompt men to neglect their business, but the more seasonable is the advice; either enter upon no trade, undertake no business, or, having undertaken it, pursue it diligently: drive your trade, that the world may not drive you out of trade, and ruin and undo you. without diligence a man can never thoroughly understand his business and how should a man thrive, when he does not perfectly know what he is doing, or how to do it? application to his trade teaches him how to carry it on, as much as his going apprentice taught him how to set it up. certainly, that man shall never improve in his trading knowledge, that does not know his business, or how to carry it on: the diligent tradesman is always the knowing and complete tradesman. now, in order to have a man apply heartily, and pursue earnestly, the business he is engaged in, there is yet another thing necessary, namely, that he should delight in it: to follow a trade, and not to love and delight in it, is a slavery, a bondage, not a business: the shop is a bridewell, and the warehouse a house of correction to the tradesman, if he does not delight in his trade. while he is bound, as we say, to keep his shop, he is like the galley-slave chained down to the oar; he tugs and labours indeed, and exerts the utmost of his strength, for fear of the strapado, and because he is obliged to do it; but when he is on shore, and is out from the bank, he abhors the labour, and hates to come to it again. to delight in business is making business pleasant and agreeable; and such a tradesman cannot but be diligent in it, which, according to solomon, makes him certainly rich, and in time raises him above the world and able to instruct and encourage those who come after him. chapter vi over-trading it is an observation, indeed, of my own, but i believe it will hold true almost in all the chief trading towns in england, that there are more tradesmen undone by having too much trade, than for want of trade. over-trading is among tradesmen as over-lifting is among strong men: such people, vain of the strengh, and their pride prompting them to put it to the utmost trial, at last lift at something too heavy for them, over-strain their sinews, break some of nature's bands, and are cripples ever after. i take over-trading to be to a shopkeeper as ambition is to a prince. the late king of france, the great king louis, ambition led him to invade the dominions of his neighbours; and while upon the empire here, or the states-general there, or the spanish netherlands on another quarter, he was an over-match for every one, and, in their single capacity, he gained from them all; but at last pride made him think himself a match for them all together, and he entered into a declared war against the emperor and the empire, the kings of spain and great britain, and the states of holland, all at once. and what was the consequence? they reduced him to the utmost distress, he lost all his conquests, was obliged, by a dishonourable peace, to quit what he had got by encroachment, to demolish his invincible towns, such as pignerol, dunkirk, &c., the two strongest fortresses in europe; and, in a word, like a bankrupt monarch, he may, in many cases, be said to have died a beggar. thus the strong man in the fable, who by main strength used to rive a tree, undertook one at last which was too strong for him, and it closed upon his fingers, and held him till the wild beasts came and devoured him. though the story is a fable, the moral is good to my present purpose, and is not at all above my subject; i mean that of a tradesman, who should be warned against over-trading, as earnestly, and with as much passion, as i would warn a dealer in gunpowder to be wary of fire, or a distiller or rectifier of spirits to moderate his furnace, lest the heads of his stills fly off, and he should be scalded to death. for a young tradesman to over-trade himself, is like a young swimmer going out of his depth, when, if help does not come immediately, it is a thousand to one but he sinks, and is drowned. all rash adventures are condemned by the prudent part of mankind; but it is as hard to restrain youth in trade, as it is in any other thing, where the advantage stands in view, and the danger out of sight; the profits of trade are baits to the avaricious shopkeeper, and he is forward to reckon them up to himself, but does not perhaps cast up the difficulty which there may be to compass it, or the unhappy consequences of a miscarriage. for want of this consideration, the tradesman oftentimes drowns, as i may call it, even within his depth--that is, he sinks when he has really the substance at bottom to keep him up--and this is all owing to an adventurous bold spirit in trade, joined with too great a gust of gain. avarice is the ruin of many people besides tradesmen; and i might give the late south sea calamity for an example in which the longest heads were most overreached, not so much by the wit or cunning of those they had to deal with as by the secret promptings of their own avarice; wherein they abundantly verified an old proverbial speech or saying, namely, 'all covet, all lose;' so it was there indeed, and the cunningest, wisest, sharpest, men lost the most money. there are two things which may be properly called over-trading, in a young beginner; and by both which tradesmen are often overthrown. . trading beyond their stock. . giving too large credit. a tradesman ought to consider and measure well the extent of his own strengh; his stock of money, and credit, is properly his beginning; for credit is a stock as well as money. he that takes too much credit is really in as much danger as he that gives too much credit; and the danger lies particularly in this, if the tradesman over-buys himself, that is, buys faster than he can sell, buying upon credit, the payments perhaps become due too soon for him; the goods not being sold, he must answer the bills upon the strength of his proper stock--that is, pay for them out of his own cash; if that should not hold out, he is obliged to put off his bills after they are due, or suffer the impertinence of being dunned by the creditor, and perhaps by servants and apprentices, and that with the usual indecencies of such kind of people. this impairs his credit, and if he comes to deal with the same merchant, or clothier, or other tradesman again, he is treated like one that is but an indifferent paymaster; and though they may give him credit as before, yet depending that if he bargains for six months, he will take eight or nine in the payment, they consider it in the price, and use him accordingly; and this impairs his gain, so that loss of credit is indeed loss of money, and this weakens him both ways. a tradesman, therefore, especially at his beginning, ought to be very wary of taking too much credit; he had much better slip the occasion of buying now and then a bargain to his advantage, for that is usually the temptation, than buying a greater quantity of goods than he can pay for, run into debt, and be insulted, and at last ruined. merchants, and wholesale dealers, to put off their goods, are very apt to prompt young shopkeepers and young tradesmen to buy great quantities of goods, and take large credit at first; but it is a snare that many a young beginner has fallen into, and been ruined in the very bud; for if the young beginner does not find a vent for the quantity, he is undone; for at the time of payment the merchant expects his money, whether the goods are sold or not; and if he cannot pay, he is gone at once. the tradesman that buys warily, always pays surely, and every young beginner ought to buy cautiously; if he has money to pay, he need never fear goods to be had; the merchants' warehouses are always open, and he may supply himself upon all occasions, as he wants, and as his customers call. it may pass for a kind of an objection here, that there are some goods which a tradesman may deal in, which are to be bought at such and such markets only, and at such and such fairs only, that is to say, are chiefly bought there; as the cheesemongers buy their stocks of cheese and of butter, the cheese at several fairs in warwickshire, as at atherston fair in particular, or at fair in gloucestershire, and at sturbridge fair, near cambridge; and their butter at ipswich fair, in suffolk; and so of many other things; but the answer is plain: those things which are generally bought thus, are ready money goods, and the tradesman has a sure rule for buying, namely, his cash. but as i am speaking of taking credit, so i must be necessarily supposed to speak of such goods as are bought upon credit, as the linen-draper buys of the hamburgh and dutch merchants, the woollen-draper of the blackwell-hall men, the haberdasher of the thread merchants, the mercer of the weavers and italian merchants, the silk-man of the turkey merchants, and the like; here they are under no necessity of running deep into debt, but may buy sparingly, and recruit again as they sell off. i know some tradesmen are very fond of seeing their shops well-stocked, and their warehouses full of goods, and this is a snare to them, and brings them to buy in more goods than they want; but this is a great error, either in their judgment or their vanity; for, except in retailers' shops, and that in some trades where they must have a great choice of goods, or else may want a trade, otherwise a well-experienced tradesman had rather see his warehouse too empty than too full: if it be too empty, he can fill it when he pleases, if his credit be good, or his cash strong; but a thronged warehouse is a sign of a want of customers, and of a bad market; whereas, an empty warehouse is a sign of a nimble demand.[ ] let no young tradesman value himself upon having a very great throng of goods in hand, having just a necessary supply to produce a choice of new and fashionable goods--nay, though he be a mercer, for they are the most under the necessity of a large stock of goods; but i say, supposing even the mercer to have a tolerable show and choice of fashionable goods, that gives his shop a reputation, he derives no credit at all from a throng of old shopkeepers, as they call them, namely, out-of-fashion things: but in other trades it is much more a needful caution; a few goods, and a quick sale, is the beauty of a tradesman's warehouse, or shop either; and it is his wisdom to keep himself in that posture that his payments may come in on his front as fast as they go out in his rear; that he may be able to answer the demands of his merchants or dealers, and, if possible, let no man come twice for his money. the reason of this is plain, and leads me back to where i began; credit is stock, and, if well supported, is as good as a stock, and will be as durable. a tradesman whose credit is good, untouched, unspotted, and who, as above, has maintained it with care, shall in many cases buy his goods as cheap at three or four months' time of payment, as another man shall with ready money--i say in some cases, and in goods which are ordinarily sold for time, as all our manufactures, the bay trade excepted, generally are. he, then, that keeps his credit unshaken, has a double stock--i mean, it is an addition to his real stock, and often superior to it: nay, i have known several considerable tradesmen in this city who have traded with great success, and to a very considerable degree, and yet have not had at bottom one shilling real stock; but by the strength of their reputation, being sober and diligent, and having with care preserved the character of honest men, and the credit of their business, by cautious dealing and punctual payments, they have gone on till the gain of their trade has effectually established them, and they have raised estates out of nothing. but to return to the dark side, namely, over-trading; the second danger is the giving too much credit. he that takes credit may give credit, but he must be exceedingly watchful; for it is the most dangerous state of life that a tradesman can live in, for he is in as much jeopardy as a seaman upon a lee-shore. if the people he trusts fail, or fail but of a punctual compliance with him, he can never support his own credit, unless by the caution i am now giving; that is, to be very sure not to give so much credit as he takes. by the word _so much_, i must be understood thus--either he must sell for shorter time than he takes, or in less quantity; the last is the safest, namely, that he should be sure not to trust out so much as he is trusted with. if he has a real stock, indeed, besides the credit he takes, that, indeed, makes the case differ; and a man that can pay his own debts, whether other people pay him or no, that man is out of the question--he is past danger, and cannot be hurt; but if he trusts beyond the extent of his stock and credit, even _he_ may be overthrown too. there were many sad examples of this in the time of the late war,[ ] and in the days when the public credit was in a more precarious condition that it has been since--i say, sad examples, namely, when tradesmen in flourishing circumstances, and who had indeed good estates at bottom, and were in full credit themselves, trusted the public with too great sums; which, not coming in at the time expected, either by the deficiency of the funds given by parliament, and the parliament themselves not soon making good those deficiencies, or by other disasters of those times; i say, their money not coming in to answer their demands, they were ruined, at least their credit wounded, and some quite undone, who yet, had they been paid, could have paid all their own debts, and had good sums of money left. others, who had ability to afford it, were obliged to sell their tallies and orders at forty or fifty per cent. loss; from whence proceeded that black trade of buying and selling navy and victualling bills and transport debts, by which the brokers and usurers got estates, and many thousands of tradesmen were brought to nothing; even those that stood it, lost great sums of money by selling their tallies: but credit cannot be bought too dear; and the throwing away one half to save the other, was much better than sinking under the burden; like sailors in a storm, who, to lighten the ship wallowing in the trough of the sea, will throw the choicest goods overboard, even to half the cargo, in order to keep the ship above water, and save their lives. these were terrible examples of over-trading indeed; the men were tempted by the high price which the government gave for their goods, and which they were obliged to give, because of the badness of the public credit at that time; but this was not sufficient to make good the loss sustained in the sale of the tallies, so that even they that sold and were able to stand without ruin, were yet great sufferers, and had enough to do to keep up their credit. this was the effect of giving over-much credit; for though it was the government itself which they trusted, yet neither could the government itself keep up the sinking credit of those whom it was indebted to; and, indeed, how should it, when it was not able to support its own credit? but that by the way. i return to the young tradesman, whom we are now speaking about. it is his greatest prudence, therefore, after he has considered his own fund, and the stock he has to rest upon--i say, his next business is to take care of his credit, and, next to limiting his buying-liberty, let him be sure to limit his selling. could the tradesman buy all upon credit, and sell all for ready money, he might turn usurer, and put his own stock out to interest, or buy land with it, for he would have no occasion for one shilling of it; but since that is not expected, nor can be done, it is his business to act with prudence in both parts--i mean of taking and giving credit--and the best rule to be given him for it is, never to give so much credit as he takes, by at least one-third part. by giving credit, i do not mean, that even all the goods which he buys upon credit, may not be sold upon credit; perhaps they are goods which are usually sold so, and no otherwise; but the alternative is before him thus--either he must not give so much credit in quantity of goods, or not so long credit in relation to time--for example: suppose the young tradesman buys ten thousand pounds' value of goods on credit, and this ten thousand pounds are sold for eleven thousand pounds likewise on credit; if the time given be the same, the man is in a state of apparent destruction, and it is a hundred to one but he is blown up: perhaps he owes the ten thousand pounds to twenty men, perhaps the eleven thousand pounds is owing to him by two hundred men--it is scarce possible that these two hundred petty customers of his, should all so punctually comply with their payments as to enable him to comply with his; and if two or three thousand pounds fall short, the poor tradesman, unless he has a fund to support the deficiency, must be undone. but if the man had bought ten thousand pounds at six or eight months' credit, and had sold them all again as above to his two hundred customers, at three months' and four months' credit, then it might be supposed all, or the greatest part of them, would have paid time enough to make his payments good; if not, all would be lost still. but, on the other hand, suppose he had sold but three thousand pounds' worth of the ten for ready money, and had sold the rest for six months' credit, it might be supposed that the three thousand pounds in cash, and what else the two hundred debtors might pay in time, might stop the months of the tradesman's creditors till the difference might be made good. so easy a thing is it for a tradesman to lose his credit in trade, and so hard is it, once upon such a blow, to retrieve it again. what need, then, is there for the tradesman to guard himself against running too far into debt, or letting other people run too far into debt to him; for if they do not pay him, he cannot pay others, and the next thing is a commission of bankrupt, and so the tradesman may be undone, though he has eleven thousand pounds to pay ten with? it is true, it is not possible in a country where there is such an infinite extent of trade as we see managed in this kingdom, that either on one hand or another it can be carried on, without a reciprocal credit both taken and given; but it is so nice an article, that i am of opinion as many tradesmen break with giving too much credit, as break with taking it. the danger, indeed, is mutual, and very great. whatever, then, the young tradesman omits, let him guard against both his giving and taking too much credit. but there are divers ways of over-trading, besides this of taking and giving too much credit; and one of these is the running out into projects and heavy undertakings, either out of the common road which the tradesman is already engaged in, or grasping at too many undertakings at once, and having, as it is vulgarly expressed, too many irons in the fire at a time; in both which cases the tradesman is often wounded, and that deeply, sometimes too deep to recover. the consequences of those adventures are generally such as these: first, that they stock-starve the tradesman, and impoverish him in his ordinary business, which is the main support of his family; they lessen his strength, and while his trade is not lessened, yet his stock is lessened; and as they very rarely add to his credit, so, if they lessen the man's stock, they weaken him in the main, and he must at last faint under it. secondly, as they lessen his stock, so they draw from it in the most sensible part--they wound him in the tenderest and most nervous part, for they always draw away his ready money; and what follows? the money, which was before the sinews of his business, the life of his trade, maintained his shop, and kept up his credit in the full extent of it, being drawn off, like the blood let out of the veins, his trade languishes, his credit, by degrees, flags and goes off, and the tradesman falls under the weight. thus i have seen many a flourishing tradesman sensibly decay; his credit has first a little suffered, then for want of that credit trade has declined--that is to say, he has been obliged to trade for less and less, till at last he is wasted and reduced: if he has been wise enough and wary enough to draw out betimes, and avoid breaking, he has yet come out of trade, like an old invalid soldier out of the wars, maimed, bruised, sick, reduced, and fitter for an hospital than a shop--such miserable havoc has launching out into projects and remote undertakings made among tradesmen. but the safe tradesman is he, that avoiding all such remote excursions, keeps close within the verge of his own affairs, minds his shop or warehouse, and confining himself to what belongs to him there, goes on in the road of his business without launching into unknown oceans; and content with the gain of his own trade, is neither led by ambition or avarice, and neither covets to be greater nor richer by such uncertain and hazardous attempts. footnotes: [ ] [the keeping of a half empty shop will not suit the necessities of trade in modern times. instead of following the advice of defoe, therefore, the young tradesman is recommended to keep a sufficient stock of every kind of goods in which he professes to deal. a shopkeeper can hardly commit a greater blunder than allow himself to _be out_ of any article of his trade. one of his chief duties ought to consist in keeping up a _fresh stock_ of every article which there is a chance of being sought for, and, while avoiding the imprudence of keeping too large a stock of goods--which comes nearest to defoe's meaning--it is certain that, by having on hand an abundant choice, the shop gains a name, and has the best chance of securing a concourse of customers.] [ ] [the war of the spanish succession, concluded by the treaty of utrecht, .] chapter vii of the tradesman in distress, and becoming bankrupt in former times it was a dismal and calamitous thing for a tradesman to break. where it befell a family, it put all into confusion and distraction; the man, in the utmost terror, fright, and distress, ran away with what goods he could get off, as if the house were on fire, to get into the friars[ ] or the mint; the family fled, one one way, and one another, like people in desperation; the wife to her father and mother, if she had any, and the children, some to one relation, some to another. a statute (so they vulgarly call a commission of bankrupt) came and swept away all, and oftentimes consumed it too, and left little or nothing, either to pay the creditors or relieve the bankrupt. this made the bankrupt desperate, and made him fly to those places of shelter with his goods, where, hardened by the cruelty of the creditors, he chose to spend all the effects which should have paid the creditors, and at last perished in misery. but now the case is altered; men make so little of breaking, that many times the family scarce removes for it. a commission of bankrupt is so familiar a thing, that the debtor oftentimes causes it to be taken out in his favour, that he may sooner be effectually delivered from all his creditors at once, the law obliging him only to give a full account of himself upon oath to the commissioners, who, when they see his integrity, may effectually deliver him from all further molestation, give him a part even of the creditors' estate; and so he may push into the world again, and try whether he cannot retrieve his fortunes by a better management, or with better success for the future. some have said, this law is too favourable to the bankrupt; that it makes tradesmen careless; that they value not breaking at all, but run on at all hazards, venturing without forecast and without consideration, knowing they may come off again so cheap and so easy, if they miscarry. but though i cannot enter here into a long debate upon that subject, yet i may have room to say, that i differ from those people very much; for, though the terror of the commission is in some measure abated, as indeed it ought to be, because it was before exorbitant and unreasonable, yet the terror of ruining a man's family, sinking his fortunes, blasting his credit, and throwing him out of business, and into the worst of disgrace that a tradesman can fall into, this is not taken away, or abated at all; and this, to an honest trading man, is as bad as all the rest ever was or could be. nor can a man be supposed, in the rupture of his affairs, to receive any comfort, or to see through his disasters into the little relief which he may, and at the same time cannot be sure he shall, receive, at the end of his troubles, from the mercy of the commission. these are poor things, and very trifling for a tradesman to entertain thoughts of a breach from, especially with any prospect of satisfaction; nor can any tradesman with the least shadow of principle entertain any thought of breaking, but with the utmost aversion, and even abhorrence; for the circumstances of it are attended with so many mortifications, and so many shocking things, contrary to all the views and expectations that a tradesman can begin the world with, that he cannot think of it, but as we do of the grave, with a chillness upon the blood, and a tremor in the spirits. breaking is the death of a tradesman; he is mortally stabbed, or, as we may say, shot through the head, in his trading capacity; his shop is shut up, as it is when a man is buried; his credit, the life and blood of his trade, is stagnated; and his attendance, which was the pulse of his business, is stopped, and beats no more; in a word, his fame, and even name, as to trade is buried, and the commissioners, that act upon him, and all their proceedings, are but like the executors of the defunct, dividing the ruins of his fortune, and at last, his certificate is a kind of performing the obsequies for the dead, and praying him out of purgatory. did ever tradesman set up on purpose to break? did ever a man build himself a house on purpose to have it burnt down? i can by no means grant that any tradesman, at least in his senses, can entertain the least satisfaction in his trading, or abate any thing of his diligence in trade, from the easiness of breaking, or the abated severities of the bankrupt act. i could argue it from the nature of the act itself, which, indeed, was made, and is effectual, chiefly for the relief of creditors, not debtors; to secure the bankrupt's effects for the use of those to whom it of right belongs, and to prevent the extravagant expenses of the commission, which before were such as often devoured all, ruining both the bankrupt and his creditors too. this the present law has providently put a stop to; and the creditors now are secure in this point, that what is to be had, what the poor tradesman has left, they are sure to have preserved for, and divided among them, which, indeed, before they were not. the case is so well known, and so recent in every tradesman's memory, that i need not take up any more of your time about it. as to the encouragements in the act for the bankrupt, they are only these--namely, that, upon his honest and faithful surrender of his affairs, he shall be set at liberty; and if they see cause, they, the creditors, may give him back a small gratification for his discovering his effects, and assisting to the recovery of them; and all this, which amounts to very little, is upon his being, as i have said, entirely honest, and having run through all possible examinations and purgations, and that it is at the peril of his life if he prevaricates. are these encouragements to tradesmen to be negligent and careless of the event of things? will any man in his wits fail in his trade, break his credit, and shut up his shop, for these prospects? or will he comfort himself in case he is forced to fail--i say, will he comfort himself with these little benefits, and make the matter easy to himself on that account? he must have a very mean spirit that can do this, and must act upon very mean principles in life, who can fall with satisfaction, on purpose to rise no higher than this; it is like a man going to bed on purpose to rise naked, pleasing himself with the thoughts that, though he shall have no clothes to put on, yet he shall have the liberty to get out of bed and shift for himself. on these accounts, and some others, too long to mention here, i think it is out of doubt, that the easiness of the proceedings on commissions of bankrupt can be no encouragement to any tradesman to break, or so much as to entertain the thoughts of it, with less horror and aversion than he would have done before this law was made. but i must come now to speak of the tradesman in his real state of mortification, and under the inevitable necessity of a blow upon his affairs. he has had losses in his business, such as are too heavy for his stock to support; he has, perhaps, launched out in trade beyond his reach: either he has so many bad debts, that he cannot find by his books he has enough left to pay his creditors, or his debts lie out of his reach, and he cannot get them in, which in one respect is as bad; he has more bills running against him than he knows how to pay, and creditors dunning him, whom it is hard for him to comply with; and this, by degrees, sinks his credit. now, could the poor unhappy tradesman take good advice, now would be his time to prevent his utter ruin, and let his case be better or worse, his way is clear. if it be only that he has overshot himself in trade, taken too much credit, and is loaded with goods; or given too much credit, and cannot get his debts in; but that, upon casting up his books, he finds his circumstances good at bottom, though his credit has suffered by his effects being out of his hands; let him endeavour to retrench, let him check his career in trade--immediately take some extraordinary measures to get in his debts, or some extraordinary measures, if he can, to raise money in the meantime, till those debts come in, that he may stop the crowd of present demands. if this will not do, let him treat with some of his principal creditors, showing them a true and faithful state of his affairs, and giving them the best assurances he can of payment, that they may be easy with him till he can get in his debts; and then, with the utmost care, draw in his trade within the due compass of his stock, and be sure never to run out again farther than he is able to answer, let the prospect of advantage be what it will; and by this method he may perhaps recover his credit again, at least he may prevent his ruin. but this is always supposing the man has a firm bottom, that he is sound in the main, and that his stock is at least sufficient to pay all his debts. but the difficulty which i am proposing to speak of, is when the poor tradesman, distressed as above in point of credit, looking into his affairs, finds that his stock is diminished, or perhaps entirely sunk--that, in short, he has such losses and such disappointments in his business, that he is not sound at bottom; that he has run too far, and that his own stock being wasted or sunk, he has not really sufficient to pay his debts; what is this man's business?--and what course shall he take? i know the ordinary course with such tradesmen is this:--'it is true,' says the poor man, 'i am running down, and i have lost so much in such a place, and so much by such a chapman that broke, and, in short, so much, that i am worse than nothing; but come, i have such a thing before me, or i have undertaken such a project, or i have such an adventure abroad, if it suceeds, i may recover again; i'll try my utmost; i'll never drown while i can swim; i'll never fall while i can stand; who knows but i may get over it?' in a word, the poor man is loth to come to the fatal day; loth to have his name in the gazette, and see his wife and family turned out of doors, and the like; who can blame him? or who is not, in the like case, apt to take the like measures?--for it is natural to us all to put the evil day far from us, at least to put it as far off as we can. though the criminal believes he shall be executed at last, yet he accepts of every reprieve, as it puts him within the possibility of an escape, and that as long as there is life there is hope; but at last the dead warrant comes down, then he sees death unavoidable, and gives himself up to despair. indeed, the malefactor was in the right to accept, as i say, of every reprieve, but it is quite otherwise in the tradesman's case; and if i may give him a rule, safe, and in its end comfortable, in proportion to his circumstances, but, to be sure, out of question, just, honest, and prudent, it is this:-- when he perceives his case as above, and knows that if his new adventures or projects should fail, he cannot by any means stand or support himself, i not only give it as my advice to all tradesmen, as their interest, but insist upon it, as they are honest men, they should break, that is, stop in time: fear not to do that which necessity obliges you to do; but, above all, fear not to do that early, which, if omitted, necessity will oblige you to do late. first, let me argue upon the honesty of it, and next upon the prudence of it. certainly, honesty obliges every man, when he sees that his stock is gone, that he is below the level, and eating into the estate of other men, to put a stop to it, and to do it in time, while something is left. it has been a fault, without doubt, to break in upon other men's estates at all; but perhaps a plea may be made that it was ignorantly done, and they did not think they were run so far as to be worse than nothing; or some sudden disaster may have occasioned it, which they did not expect, and, it may be, could not foresee; both which may indeed happen to a tradesman, though the former can hardly happen without his fault, because he ought to be always acquainting himself with his books, stating his expenses and his profits, and casting things up frequently, at least in his head, so as always to know whether he goes backward or forward. the latter, namely, sudden disaster, may happen so to any tradesman as that he may be undone, and it may not be his fault; for ruin sometimes falls as suddenly as unavoidably upon a tradesman, though there are but very few incidents of that kind which may not be accounted for in such a manner as to charge it upon his prudence. some cases may indeed happen, some disasters may befall a tradesman, which it was not possible he should foresee, as fire, floods of water, thieves, and many such--and in those cases the disaster is visible, the plea is open, every body allows it, the man can have no blame. a prodigious tide from the sea, joined with a great fresh or flood in the river dee, destroyed the new wharf below the roodee at west chester, and tore down the merchants' warehouses there, and drove away not only all the goods, but even the buildings and altogether, into the sea. now, if a poor shopkeeper in chester had a large parcel of goods lying there, perhaps newly landed in order to be brought up to the city, but were all swept away, if, i say, the poor tradesman were ruined by the loss of those goods on that occasion, the creditors would see reason in it that they should every one take a share in the loss; the tradesman was not to blame. likewise in the distress of the late fire which began in thames street, near bear quay, a grocer might have had a quantity of goods in a warehouse thereabouts, or his shop might be there, and the goods perhaps might be sugars, or currants, or tobacco, or any other goods in his way, which could not be easily removed; this fire was a surprise, it was a blast of powder, it was at noonday, when no person coud foresee it. the man may have been undone and be in no fault himself, one way or other; no man can reasonably say to him, why did you keep so many goods upon your hands, or in such a place? for it was his proper business both to have a stock of goods, and to have them in such a place; every thing was in the right position, and in the order which the nature of his trade required. on the other hand, if it was the breaking of a particular chapman, or an adventure by sea, the creditors would perhaps reflect on his prudence; why should any man trust a single chapman so much, or adventure so much in one single bottom, and uninsured, as that the loss of it would be his undoing? but there are other cases, however, which may happen to a tradesman, and by which he may be at once reduced below his proper stock, and have nothing left to trade on but his credit, that is to say, the estates of his creditors. in such a case, i question whether it can be honest for any man to continue trading; for, first, it is making his creditors run an unjust hazard, without their consent; indeed, if he discovers his condition to one or two of them, who are men of capital stocks, and will support him, they giving him leave to pay others off, and go on at their risks, that alters the case; or if he has a ready money trade, that will apparently raise him again, and he runs no more hazards, but is sure he shall at least run out no farther; in these two cases, and i do not know another, he may with honesty continue. on the contrary, when he sees himself evidently running out, and declining, and has only a shift here and a shift there, to lay hold on, as sinking men generally do; and knows, that unless something extraordinary happen, which, perhaps, also is not probable, he must fall, for such a man to go on, and trade in the ordinary way, notwithstanding losses, and hazards--in such a case, i affirm, he cannot act the honest man, he cannot go on with justice to his creditors, or his family; he ought to call his creditors together, lay his circumstances honestly before them, and pay as far as it will go. if his creditors will do any thing generously for him, to enable him to go on again, well and good, but he cannot honestly oblige them to run the risk of his unfortunate progress, and to venture their estates on his bottom, after his bottom is really nothing at all but their money. but i pass from the honesty to the prudence of it--from what regards his creditors, to what regards himself--and i affirm, nothing can be more imprudent and impolite, as it regards himself and his family, than to go on after he sees his circumstances irrecoverable. if he has any consideration for himself, or his future happiness, he will stop in time, and not be afraid of meeting the mischief which he sees follows too fast for him to escape; be not so afraid of breaking, as not to break till necessity forces you, and that you have nothing left. in a word, i speak it to every declining tradesman, if you love yourself, your family, or your reputation, and would ever hope to look the world in the face again, _break_ in time. by breaking in time you will first obtain the character of an honest, though unfortunate man; it is owing to the contrary course, which is indeed the ordinary practice of tradesmen, namely, not to break till they run the bottom quite out, and have little or nothing left to pay; i say, it is owing to this, that some people think all men that break are knaves. the censure, it is true, is unjust, but the cause is owing to the indiscretion, to call it no worse, of the poor tradesmen, who putting the mischief as far from them as they can, trade on to the last gasp, till a throng of creditors coming on them together, or being arrested, and not able to get bail, or by some such public blow to their credit, they are brought to a stop or breach of course, like a man fighting to the last gasp who is knocked down, and laid on the ground, and then his resistance is at an end; for indeed a tradesman pushing on under irresistable misfortunes is but fighting with the world to the last drop, and with such unequal odds, that like the soldier surrounded with enemies, he must be killed; so the debtor must sink, it cannot be prevented. it is true, also, the man that thus struggles to the last, brings upon him an universal reproach, and a censure, that is not only unavoidable, but just, which is worse; but when a man breaks in time, he may hold up his face to his creditors, and tell them, that he could have gone on a considerable while longer, but that he should have had less left to pay them with, and that he has chosen to stop while he may be able to give them so considerable a sum as may convince them of his integrity. we have a great clamour among us of the cruelty of creditors, and it is a popular clamour, that goes a great way with some people; but let them tell us when ever creditors were cruel, when the debtor came thus to them with fifteen shillings in the pound in his offer. perhaps when the debtor has run to the utmost, and there appears to be little or nothing left, he has been used roughly; and it is enough to provoke a creditor, indeed, to be offered a shilling or half-a-crown in the pound for a large debt, when, had the debtor been honest, and broke in time, he might have received perhaps two-thirds of his debt, and the debtor been in better condition too. break then in time, young tradesman, if you see you are going down, and that the hazard of going on is doubtful; you will certainly be received by your creditors with compassion, and with a generous treatment; and, whatever happens, you will be able to begin the world again with the title of an honest man--even the same creditors will embark with you again, and be more forward to give you credit than before. it is true, most tradesmen that break merit the name of knave or dishonest man, but it is not so with all; the reason of the difference lies chiefly in the manner of their breaking--namely, whether sooner or later. it is possible, he may be an honest man who cannot, but he can never be honest that can, and will not pay his debts. now he, that, being able to pay fifteen shillings in the pound, will struggle on till he sees he shall not be able to pay half-a-crown in the pound, this man was able to pay, but would not, and, therefore, as above, cannot be an honest man. in the next place, what shall we say to the peace and satisfaction of mind in breaking, which the tradesman will always have when he acts the honest part, and breaks betimes, compared to that guilt and chagrin of the mind, occasioned by a running on, as i said, to the last gasp, when they have little to pay? then, indeed, the tradesman can expect no quarter from his creditors, and will have no quiet in himself. i might instance here the miserable, anxious, perplexed life, which the poor tradesman lives under; the distresses and extremities of his declining state; how harassed and tormented for money; what shifts he is driven to for supporting himself; how many little, mean, and even wicked things, will even the religious tradesman stoop to in his distress, to deliver himself--even such things as his very soul would abhor at another time, and for which he goes perhaps with a wounded conscience all his life after! by giving up early, all this, which is the most dreadful part of all the rest, would be prevented. i have heard many an honest unfortunate man confess this, and repent, even with tears, that they had not learned to despair in trade some years sooner than they did, by which they had avoided falling into many foul and foolish actions, which they afterwards had been driven to by the extremity of their affairs. footnotes: [ ] [whitefriars, in the neighbourhood of the temple, london. this and the mint were sanctuaries for debtors.] chapter viii the ordinary occasions of the ruin of tradesmen since i have given advice to tradesmen, when they fell into difficulties, and find they are run behind-hand, to break in time, before they run on too far, and thereby prevent the consequences of a fatal running on to extremity, it is but just i should give them some needful directions, to avoid, if possible, breaking at all. in order to this, i will briefly inquire what are the ordinary originals of a tradesman's ruin in business. to say it is negligence, when i have already pressed to a close application and diligence; that it is launching into, and grasping at, more business than their stock, or, perhaps, their understandings, are able to manage, when i have already spoken of the fatal consequences of over-trading; to say it is trusting carelessly people unable to pay, and running too rashly into debt, when i have already spoken of taking and giving too much credit--this would all be but saying the same thing over again--and i am too full of particulars, in this important case, to have any need of tautologies and repetitions; but there are a great many ways by which tradesmen precipitate themselves into ruin besides those, and some that need explaining and enlarging upon. . some, especially retailers, ruin themselves by fixing their shops in such places as are improper for their business. in most towns, but particularly in the city of london, there are places as it were appropriated to particular trades, and where the trades which are placed there succeed very well, but would do very ill any where else, or any other trades in the same places; as the orange-merchants and wet-salters about billingsgate, and in thames street; the coster-mongers at the three cranes; the wholesale cheesemongers in thames street; the mercers and drapers in the high streets, such as cheapside, ludgate street, cornhill, round court, and grace-church street, &c. pray what would a bookseller make of his business at billingsgate, or a mercer in tower street, or near the custom-house, or a draper in thames street, or about queen-hithe? many trades have their peculiar streets, and proper places for the sale of their goods, where people expect to find such shops, and consequently, when they want such goods, they go thither for them; as the booksellers in st paul's churchyard, about the exchange, temple, and the strand, &c., the mercers on both sides ludgate, in round court, and grace-church and lombard streets; the shoemakers in st martins le grand, and shoemaker row; the coach-makers in long-acre, queen street, and bishopsgate; butchers in eastcheap; and such like. for a tradesman to open his shop in a place unresorted to, or in a place where his trade is not agreeable, and where it is not expected, it is no wonder if he has no trade. what retail trade would a milliner have among the fishmongers' shops on fishstreet-hill, or a toyman about queen-hithe? when a shop is ill chosen, the tradesman starves; he is out of the way, and business will not follow him that runs away from it: suppose a ship-chandler should set up in holborn, or a block-maker in whitecross street, an anchor-smith at moorgate, or a coachmaker in redriff, and the like! it is true, we have seen a kind of fate attend the very streets and rows where such trades have been gathered together; and a street, famous some years ago, shall, in a few years after, be quite forsaken; as paternoster row for mercers, st paul's churchyard for woollen-drapers; both the eastcheaps for butchers; and now you see hardly any of those trades left in those places. i mention it for this reason, and this makes it to my purpose in an extraordinary manner, that whenever the principal shopkeepers remove from such a street, or settled place, where the principal trade used to be, the rest soon follow--knowing, that if the fame of the trade is not there, the customers will not resort thither: and that a tradesman's business is to follow wherever the trade leads. for a mercer to set up now in paternoster row, or a woollen-draper in st paul's churchyard, the one among the sempstresses, and the other among the chair-makers, would be the same thing as for a country shopkeeper not to set up in or near the market-place.[ ] the place, therefore, is to be prudently chosen by the retailer, when he first begins his business, that he may put himself in the way of business; and then, with god's blessing, and his own care, he may expect his share of trade with his neighbours. . he must take an especial care to have his shop not so much crowded with a large bulk of goods, as with a well-sorted and well-chosen quantity proper for his business, and to give credit to his beginning. in order to this, his buying part requires not only a good judgment in the wares he is to deal in, but a perfect government of his judgment by his understanding to suit and sort his quantities and proportions, as well to his shop as to the particular place where his shop is situated; for example, a particular trade is not only proper for such or such a part of the town, but a particular assortment of goods, even in the same way, suits one part of the town, or one town and not another; as he that sets up in the strand, or near the exchange, is likely to sell more rich silks, more fine hollands, more fine broad-cloths, more fine toys and trinkets, than one of the same trade setting up in the skirts of the town, or at ratcliff, or wapping, or redriff; and he that sets up in the capital city of a county, than he that is placed in a private market-town, in the same county; and he that is placed in a market-town, than he that is placed in a country village. a tradesman in a seaport town sorts himself different from one of the same trade in an inland town, though larger and more populous; and this the tradesman must weigh very maturely before he lays out his stock. sometimes it happens a tradesman serves his apprenticeship in one town, and sets up in another; and sometimes circumstances altering, he removes from one town to another; the change is very important to him, for the goods, which he is to sell in the town he removes to, are sometimes so different from the sorts of goods which he sold in the place he removed from, though in the same way of trade, that he is at a great loss both in changing his hand, and in the judgment of buying. this made me insist, in a former chapter, that a tradesman should take all occasions to extend his knowledge in every kind of goods, that which way soever he may turn his hand, he may have judgment in every thing. in thus changing his circumstances of trade, he must learn, as well as he can, how to furnish his shop suitable to the place he is to trade in, and to sort his goods to the demand which he is like to have there; otherwise he will not only lose the customers for want of proper goods, but will very much lose by the goods which he lays in for sale, there being no demand for them where he is going. when merchants send adventures to our british colonies, it is usual with them to make up to each factor what they call a _sortable cargo_; that is to say, they want something of every thing that may furnish the tradesmen there with parcels fit to fill their shops, and invite their customers; and if they fail, and do not thus sort their cargoes, the factors there not only complain, as being ill sorted, but the cargo lies by unsold, because there is not a sufficient quantity of sorts to answer the demand, and make them all marketable together. it is the same thing here: if the tradesman's shop is not well sorted, it is not suitably furnished, or fitted to supply his customers; and nothing dishonours him more than to have people come to buy things usual to be had in such shops, and go away without them. the next thing they say to one another is, 'i went to that shop, but i could not be furnished; they are not stocked there for a trade; one seldom finds any thing there that is new or fashionable:' and so they go away to another shop; and not only go away themselves, but carry others away with them--for it is observable, that the buyers or retail customers, especially the ladies, follow one another as sheep follow the flock; and if one buys a beautiful silk, or a cheap piece of holland, or a new-fashioned thing of any kind, the next inquiry is, where it was bought; and the shop is presently recommended for a shop well sorted, and for a place where things are to be had not only cheap and good, but of the newest fashion, and where they have always great choice to please the curious, and to supply whatever is called for. and thus the trade runs away insensibly to the shops which are best sorted. . the retail tradesman in especial, but even every tradesman in his station, must furnish himself with a competent stock of patience; i mean, that patience which is needful to bear with all sorts of impertinence, and the most provoking curiosity, that it is possible to imagine the buyers, even the worst of them, are or can be guilty of. a tradesman behind his counter must have no flesh and blood about him, no passions, no resentment. he must never be angry; no, not so much as seem to be so. if a customer tumbles him five hundred pounds' worth of goods, and scarce bids money for any thing--nay, though they really come to his shop with no intent to buy, as many do, only to see what is to be sold, and if they cannot be better pleased than they are at some other shop where they intend to buy, it is all one, the tradesman must take it, and place it to the account of his calling, that it is his business to be ill used, and resent nothing; and so must answer as obligingly to those that give him an hour or two's trouble and buy nothing, as he does to those who in half the time lay out ten or twenty pounds. the case is plain: it is his business to get money, to sell and please; and if some do give him trouble and do not buy, others make him amends, and do buy; and as for the trouble, it is the business of his shop. i have heard that some ladies, and those, too, persons of good note, have taken their coaches and spent a whole afternoon in ludgate street or covent garden, only to divert themselves in going from one mercer's shop to another, to look upon their fine silks, and to rattle and banter the journeymen and shopkeepers, and have not so much as the least occasion, much less intention, to buy any thing; nay, not so much as carrying any money out with them to buy anything if they fancied it: yet this the mercers who understand themselves know their business too well to resent; nor if they really knew it, would they take the least notice of it, but perhaps tell the ladies they were welcome to look upon their goods; that it was their business to show them; and that if they did not come to buy now, they might perhaps see they were furnished to please them when they might have occasion. on the other hand, i have been told that sometimes those sorts of ladies have been caught in their own snare; that is to say, have been so engaged by the good usage of the shopkeeper, and so unexpectedly surprised with some fine thing or other that has been shown them, that they have been drawn in by their fancy against their design, to lay out money, whether they had it or no; that is to say, to buy, and send home for money to pay for it. but let it be how and which way it will, whether mercer or draper, or what trade you please, the man that stands behind the counter must be all courtesy, civility, and good manners; he must not be affronted, or any way moved, by any manner of usage, whether owing to casualty or design; if he sees himself ill used, he must wink, and not see it--he must at least not appear to see it, nor any way show dislike or distaste; if he does, he reproaches not only himself but his shop, and puts an ill name upon the general usuage of customers in it; and it is not to be imagined how, in this gossiping, tea-drinking age, the scandal will run, even among people who have had no knowledge of the person first complaining. 'such a shop!' says a certain lady to a citizen's wife in conversation, as they were going to buy clothes; 'i am resolved i won't go to it; the fellow that keeps it is saucy and rude: if i lay out my money, i expect to be well used; if i don't lay it out, i expect to be well treated.' 'why, madam,' says the citizen, 'did the man of the shop use your ladyship ill?' _lady_.--no, i can't say he used me ill, for i never was in his shop. _cit._--how does your ladyship know he does so then? _lady_.--why, i know he used another lady saucily, because she gave him a great deal of trouble, as he called it, and did not buy. _cit._--was it the lady that told you so herself, madam? _lady_.--i don't know, really, i have forgot who it was; but i have such a notion in my head, and i don't care to try, for i hate the sauciness of shopkeepers when they don't understand themselves. _cit._--well; but, madam, perhaps it may be a mistake--and the lady that told you was not the person neither? _lady_.--oh, madam, i remember now who told me; it was my lady tattle, when i was at mrs whymsy's on a visiting day; it was the talk of the whole circle, and all the ladies took notice of it, and said they would take care to shun that shop. _cit._--sure, madam, the lady was strangely used; did she tell any of the particulars? _lady_.--no; i did not understand that she told the particulars, for it seems it was not to her, but to some other lady, a friend of hers; but it was all one; the company took as much notice of it as if it had been to her, and resented it as much, i assure you. _cit._--yet, and without examining the truth of the fact. _lady_.--we did not doubt the story. _cit._--but had no other proof of it, madam, than her relation? _lady_.--why, that's true; nobody asked for a proof; it was enough to tell the story. _cit._--what! though perhaps the lady did not know the person, or whether it was true or no, and perhaps had it from a third or fourth hand--your ladyship knows any body's credit may be blasted at that rate. _lady_.--we don't inquire so nicely, you know, into the truth of stories at a tea-table. _cit._--no, madam, that's true; but when reputation is at stake, we should be a little careful too. _lady_.--why, that's true too. but why are you so concerned about it, madam? do you know the man that keeps the shop? _cit._--no otherwise, madam, than that i have often bought there, and i always found them the most civil, obliging people in the world. _lady_.--it may be they know you, madam. _cit._--i am persuaded they don't, for i seldom went but i saw new faces, for they have a great many servants and journeymen in the shop. _lady_.--it may be you are easy to be pleased; you are good-humoured yourself, and cannot put their patience to any trial. _cit._--indeed, madam, just the contrary; i believe i made them tumble two or three hundred pounds' worth of goods one day, and bought nothing; and yet it was all one; they used me as well as if i had laid out twenty pounds. _lady_.--why, so they ought. _cit._--yes, madam, but then it is a token they do as they ought, and understand themselves. _lady_.--well, i don't know much of it indeed, but thus i was told. _cit._--well, but if your ladyship would know the truth of it, you would do a piece of justice to go and try them. _lady_.--not i; besides, i have a mercer of my acquaintance. _cit._--well, madam, i'll wait on your ladyship to your own mercer, and if you can't find any thing to your liking, will you go and try the other shop? _lady_.--oh! i am sure i shall deal if i go to my mercer. _cit._--well, but if you should, let us go for a frolic, and give the other as much trouble as we can for nothing, and see how he'll behave, for i want to be satisfied; if i find them as your ladyship has been told, i'll never go there any more. _lady_.--upon that condition i agree--i will go with you; but i will go and lay out my money at my own mercer's first, because i wont be tempted. _cit._--well, madam, i'll wait on your ladyship till you have laid out your money. after this discourse they drove away to the mercer's shop where the lady used to buy; and when they came there, the lady was surprised--the shop was shut up, and nobody to be seen. the next door was a laceman's, and the journeyman being at the door, the lady sent her servant to desire him to speak a word or two to her; and when he came, says the lady to him, pray, how long has mr--'s shop been shut up? _laceman_.--about a month, madam. _lady_.--what! is mr--dead? _laceman_.--no, madam, he is not dead. _lady_.--what then, pray? _laceman_.--something worse, madam; he has had some misfortunes. _lady_.--i am very sorry to hear it, indeed. so her ladyship made her bow, and her coachman drove away. the short of the story was, her mercer was broke; upon which the city lady prevailed upon her ladyship to go to the other shop, which she did, but declared beforehand she would buy nothing, but give the mercer all the trouble she could; and so said the other. and to make the thing more sure, she would have them go into the shop single, because she fancied the mercer knew the city lady, and therefore would behave more civilly to them both on that account, the other having laid out her money there several times. well, they went in, and the lady asked for such and such rich things, and had them shown her, to a variety that she was surprised at; but not the best or richest things they could show her gave her any satisfaction--either she did not like the pattern, or the colours did not suit her fancy, or they were too dear; and so she prepares to leave the shop, her coach standing at a distance, which she ordered, that they might not guess at her quality. but she was quite deceived in her expectation; for the mercer, far from treating her in the manner as she had heard, used her with the utmost civility and good manners. she treated him, on the contrary, as she said herself, even with a forced rudeness; she gave him all the impertinent trouble she was able, as above; and, pretending to like nothing he showed, turned away with an air of contempt, intimating that his shop was ill furnished, and that she should be easily served, she doubted not, at another. he told her he was very unhappy in not having any thing that suited her fancy--that, if she knew what particular things would please her, he would have them in two hours' time for her, if all the french and italian merchants' warehouses in london, or all the weavers' looms in spitalfields, could furnish them. but when that would not do, she comes forward from his back shop, where she had plagued him about an hour and a half; and makes him the slight compliment of (in a kind of a scornful tone too), 'i am sorry i have given you so much trouble.' 'the trouble, madam, is nothing; it is my misfortune not to please you; but, as to trouble, my business is to oblige the ladies, my customers; if i show my goods, i may sell them; if i do not show them, i cannot; if it is not a trouble to you, i'll show you every piece of goods in my shop; if you do not buy now, you may perhaps buy another time.' and thus, in short, he pursued her with all the good words in the world, and waited on her towards the door. as she comes forward, there she spied the city lady, who had just used the partner as the lady had used the chief master; and there, as if it had been by mere chance, she salutes her with, 'your servant, cousin; pray, what brought you here?' the cousin answers, 'madam, i am mighty glad to see your ladyship here; i have been haggling here a good while, but this gentleman and i cannot bargain, and i was just going away.' 'why, then,' says the lady, 'you have been just such another customer as i, for i have troubled the gentleman mercer this two hours, and i cannot meet with any thing to my mind.' so away they go together to the door; and the lady gets the mercer to send one of his servants to bid her coachman drive to the door, showing him where the fellow stood. while the boy was gone, she takes the city lady aside, and talking softly, the mercer and his partner, seeing them talk together, withdrew, but waited at a distance to be ready to hand them to the coach. so they began a new discourse, as follows:-- _lady_.--well, i am satisfied this man has been ill used in the world. _cit._--why, madam, how does your ladyship find him? _lady_.--only the most obliging, most gentleman-like man of a tradesman that ever i met with in my life. _cit._--but did your ladyship try him as you said you would? _lady_.--try him! i believe he has tumbled three thousand pounds' worth of goods for me. _cit._--did you oblige him to do so? _lady_.--i forced him to it, indeed, for i liked nothing. _cit._--is he well stocked with goods? _lady_.--i told him his shop was ill furnished. _cit._--what did he say to that? _lady_.--say! why he carried me into another inner shop, or warehouse, where he had goods to a surprising quantity and value, i confess. _cit._--and what could you say, then? _lady_.--say! in truth i was ashamed to say any more, but still was resolved not to be pleased, and so came away, as you see. _cit._--and he has not disobliged you at all, has he? _lady_.--just the contrary, indeed. (here she repeated the words the mercer had said to her, and the modesty and civility he had treated her with.) _cit._--well, madam, i assure you i have been faithful to my promise, for you cannot have used him so ill as i have used his partner--for i have perfectly abused him for having nothing to please me--i did as good as tell him i believed he was going to break, and that he had no choice. _lady_.--and how did he treat you? _cit._-just in the same manner as his partner did your ladyship, all mild and mannerly, smiling, and in perfect temper; for my part, if i was a young wench again, i should be in love with such a man. _lady_.--well, but what shall we do now? _cit._--why, be gone. i think we have teazed them enough; it would be cruel to bear-bait them any more. _lady_.--no, i am not for teazing them any more; but shall we really go away, and buy nothing? _cit._--nay, that shall be just as your ladyship pleases--you know i promised you i would not buy; that is to say, unless you discharge me of that obligation. _lady_.--i cannot, for shame, go out of this shop, and lay out nothing. _cit._--did your ladyship see any thing that pleased you? _lady_.--i only saw some of the finest things in england--i don't think all the city of paris can outdo him. _cit._--well, madam, if you resolve to buy, let us go and look again. _lady_.--'come, then.' and upon that the lady, turning to the mercer--'come, sir,' says she, 'i think i will look upon that piece of brocade again; i cannot find in my heart to give you all this trouble for nothing.' 'madam,' says the mercer, 'i shall be very glad if i can be so happy as to please you; but, i beseech your ladyship, don't speak of the trouble, for that is the duty of our trade; we must never think our business a trouble.' upon this the ladies went back with him into his inner shop, and laid out between sixty and seventy pounds, for they both bought rich suits of clothes, and used his shop for many years after. the short inference from this long discourse is this: that here you see, and i could give many examples very like this, how, and in what manner, a shopkeeper is to behave himself in the way of his business--what impertinences, what taunts, flouts, and ridiculous things, he must bear in his business, and must not show the least return, or the least signal of disgust--he must have no passions, no fire in his temper--he must be all soft and smooth: nay, if his real temper be naturally fiery and hot, he must show none of it in his shop--he must be a perfect complete hypocrite, if he will be a complete tradesman.[ ] it is true, natural tempers are not to be always counterfeited--the man cannot easily be a lamb in his shop, and a lion in himself; but let it be easy or hard, it must be done, and it is done. there are men who have, by custom and usage, brought themselves to it, that nothing could be meeker and milder than they, when behind the counter, and yet nothing be more furious and raging in every other part of life--nay, the provocations they have met with in their shops have so irritated their rage, that they would go upstairs from their shop, and fall into phrensies, and a kind of madness, and beat their heads against the wall, and mischief themselves, if not prevented, till the violence of it had gotten vent, and the passions abate and cool. nay, i heard once of a shopkeeper that behaved himself thus to such an extreme, that, when he was provoked by the impertinence of the customers, beyond what his temper could bear, he would go upstairs and beat his wife, kick his children about like dogs, and be as furious for two or three minutes as a man chained down in bedlam, and when the heat was over, would sit down and cry faster then the children he had abused; and after the fit was over he would go down into his shop again, and be as humble, as courteous, and as calm as any man whatever--so absolute a government of his passions had he in the shop, and so little out of it; in the shop a soul-less animal that can resent nothing, and in the family a madman; in the shop meek like the lamb, but in the family outrageous like a lybian lion. the sum of the matter is this: it is necessary for a tradesman to subject himself, by all the ways possible, to his business; his customers are to be his idols: so far as he may worship idols by allowance, he is to bow down to them and worship them;[ ] at least, he is not any way to displease them, or show any disgust or distaste at any thing they say or do. the bottom of it all is, that he is intending to get money by them; and it is not for him that gets money by them to offer the least inconvenience to them by whom he gets it; but he is to consider, that, as solomon says, 'the borrower is servant to the lender,' so the seller is servant to the buyer. when a tradesman has thus conquered all his passions, and can stand before the storm of impertinence, he is said to be fitted up for the main article, namely, the inside of the counter. on the other hand, we see that the contrary temper, nay, but the very suggestion of it, hurries people on to ruin their trade, to disoblige the customers, to quarrel with them, and drive them away. we see by the lady above, after having seen the ways she had taken to put this man out of temper--i say, we see it conquered her temper, and brought her to lay out her money cheerfully, and be his customer ever after. a sour, morose, dogmatic temper would have sent these ladies both away with their money in their pockets; but the man's patience and temper drove the lady back to lay out her money, and engaged her entirely. footnotes: [ ] paternoster row has long been the chief seat of the bookselling and publishing trade in london; and there are now some splendid shops of mercers or haberdashers in st paul's churchyard, also in ludgate hill adjoining. [ ] [the necessity here insisted on seems a hard one, and scarcely consistent with a just morality. yet, if the tradesman takes a right view of his situation, he will scarcely doubt the propriety of defoe's advice. he must consider, that, in his shop, he is, as it were, acting a part. he performs a certain character in the drama of our social arrangements, one which requires all the civility and forbearance above insisted on. he is not called upon, in such circumstances, to feel, speak, and act, as he would find himself in honour required to do in his private or absolutely personal capacity--in his own house, for instance, or in any public place where he mingled on a footing of equality with his fellow-citizens. accordingly, there is such a general sense of the justifiableness of his conducting himself in this submissive spirit, that no one would think of imputing it to him as a fault; but he would be more apt to be censured or ridiculed if he had so little sense as to take offence, in his capacity of tradesman, at any thing which it would only concern him to resent if it were offered to him in his capacity as a private citizen. an incident, somewhat like that so dramatically related by defoe, occurred a few years ago in the northern capital. a lady had, through whim, pestered a mercer in the manner related in the text, turning over all his goods, and only treating him with rudeness in return. when she finally turned to leave the shop, to inquire, as she said, for better and cheaper goods elsewhere, she found that a shower was falling, against which she had no protection. the tradesman, who had politely shown her to the door, observing her hesitate on the threshold at sight of the rain, requested her to wait a moment, and, stepping backwards for his umbrella, instantly returned, and, in the kindest accents, requested her to accept the loan of it. she took it, and went away, but in a few minutes returned it, in a totally different frame of spirit, and not only purchased extensively on this occasion, but became a constant customer for the future. another tradesman in the same city was so remarkable for his imperturbable civility, that it became the subject of a bet--an individual undertaking to irritate him, or, if he failed, to forfeit a certain sum. he went to the shop, and caused an immense quantity of the finest silks to be turned over, after which he coolly asked for a pennyworth of a certain splendid piece of satin. 'by all means,' said the discreet trader; 'allow me, sir, to have your penny.' the coin was handed to him, and, taking up the piece of satin, and placing the penny on the end of it, he cut round with his scissors, thus detaching a little bit of exactly the size and shape of the piece of money which was to purchase it. this, with the most polite air imaginable, he handed to his customer, whose confusion may be imagined.] [ ] [it appears to the editor that the case is here somewhat over-stated. while imperterbable good temper and civility are indispensible in the shopkeeper, it is not impossible that he may also err in displaying a _too great obsequiousness_ of _manner_. this, by disgusting the common sense and good taste of customers, may do as much harm as want of civility. a too _pressing_ manner, likewise, does harm, by causing the customer to feel as if he were _obliged_ to purchase. the medium of an easy, obliging, and good-humoured manner, is perhaps what suits best. but here, as in many other things, it is not easy to lay down any general rule. much must be left to the goos sense and _tact_ of the trader.] chapter ix of other reasons for the tradesman's disasters: and, first, of innocent diversions a few directions seasonably given, and wisely received, will be sufficient to guide a tradesman in a right management of his business, so as that, if he observes them, he may secure his prosperity and success: but it requires a long and serious caveat to warn him of the dangers he meets with in his way. trade is a straight and direct way, if they will but keep in it with a steady foot, and not wander, and launch out here and there, as a loose head and giddy fancy will prompt them to do. the road, i say, is straight and direct; but there are many turnings and openings in it, both to the right hand and to the left, in which, if a tradesman but once ventures to step awry, it is ten thousand to one but he loses himself, and very rarely finds his way back again; at least if he does, it is like a man that has been lost in a wood; he comes out with a scratched face, and torn clothes, tired and spent, and does not recover himself in a long while after. in a word, one steady motion carries him up, but many things assist to pull him down; there are many ways open to his ruin, but few to his rising: and though employment is said to be the best fence against temptations, and he that is busy heartily in his business, temptations to idleness and negligence will not be so busy about him, yet tradesmen are as often drawn from their business as other men; and when they are so, it is more fatal to them a great deal, than it is to gentlemen and persons whose employments do not call for their personal attendance so much as a shop does. among the many turnings and bye-lanes, which, as i say, are to be met with in the straight road of trade, there are two as dangerous and fatal to their prosperity as the worst, though they both carry an appearance of good, and promise contrary to what they perform; these are-- i. pleasures and diversions, especially such as they will have us call innocent diversions. ii. projects and adventures, and especially such as promise mountains of profit _in nubibus_ [in the clouds], and are therefore the more likely to ensnare the poor eager avaricious tradesman. . i am now to speak of the first, namely, pleasures and diversions. i cannot allow any pleasures to be innocent, when they turn away either the body or the mind of a tradesman from the one needful thing which his calling makes necessary, and that necessity makes his duty--i mean, the application both of his hands and head to his business. those pleasures and diversions may be innocent in themselves, which are not so to him: there are very few things in the world that are simply evil, but things are made circumstantially evil when they are not so in themselves: killing a man is not simply sinful; on the contrary, it is not lawful only, but a duty, when justice and the laws of god or man require it; but when done maliciously, from any corrupt principle, or to any corrupted end, is murder, and the worst of crimes. pleasures and diversions are thus made criminal, when a man is engaged in duty to a full attendance upon such business as those pleasures and diversions necessarily interfere with and interrupt; those pleasures, though innocent in themselves, become a fault in him, because his legal avocations demand his attendance in another place. thus those pleasures may be lawful to another man, which are not so to him, because another man has not the same obligation to a calling, the same necessity to apply to it, the same cry of a family, whose bread may depend upon his diligence, as a tradesman has. solomon, the royal patron of industry, tells us, 'he that is a lover of pleasure, shall be a poor man.' i must not doubt but solomon is to be understood of tradesmen and working men, such as i am writing of, whose time and application is due to their business, and who, in pursuit of their pleasures, are sure to neglect their shops, or employments, and i therefore render the words thus, to the present purpose--'the tradesman that is a lover of pleasure, shall be a poor man.' i hope i do not wrest the scripture in my interpretation of it; i am sure it agrees with the whole tenor of the wise man's other discourses. when i see young shopkeepers keep horses, ride a-hunting, learn dog-language, and keep the sportsmen's brogue upon their tongues, i will not say i read their destiny, for i am no fortuneteller, but i do say, i am always afraid for them; especially when i know that either their fortunes and beginnings are below it, or that their trades are such as in a particular manner to require their constant attendance. as to see a barber abroad on a saturday, a corn-factor abroad on a wednesday and friday, or a blackwell-hall man on a thursday, you may as well say a country shopkeeper should go a-hunting on a market-day, or go a-feasting at the fair day of the town where he lives; and yet riding and hunting are otherwise lawful diversions, and in their kind very good for exercise and health. i am not for making a galley-slave of a shopkeeper, and have him chained down to the oar; but if he be a wise, a prudent, and a diligent tradesman, he will allow himself as few excursions as possible. business neglected is business lost; it is true, there are some businesses which require less attendance than others, and give a man less occasion of application; but, in general, that tradesman who can satisfy himself to be absent from his business, must not expect success; if he is above the character of a diligent tradesman, he must then be above the business too, and should leave it to somebody, that, having more need of it, will think it worth his while to mind it better. nor, indeed, is it possible a tradesman should be master of any of the qualifications which i have set down to denominate him complete, if he neglects his shop and his time, following his pleasures and diversions. i will allow that the man is not vicious and wicked, that he is not addicted to drunkenness, to women, to gaming, or any such things as those, for those are not woundings, but murder, downright killing. a man may wound and hurt himself sometimes, in the rage of an ungoverned passion, or in a phrensy or fever, and intend no more; but if he shoots himself through the head, or hangs himself, we are sure then he intended to kill and destroy himself, and he dies inevitably. for a tradesman to follow his pleasures, which indeed is generally attended with a slighting of his business, leaving his shop to servants or others, it is evident to me that he is indifferent whether it thrives or no; and, above all, it is evident that his heart is not in his business; that he does not delight in it, or look on it with pleasure. to a complete tradesman there is no pleasure equal to that of being in his business, no delight equal to that of seeing himself thrive, to see trade flow in upon him, and to be satisfied that he goes on prosperously. he will never thrive, that cares not whether he thrives or no. as trade is the chief employment of his life, and is therefore called, by way of eminence, _his business_, so it should be made the chief delight of his life. the tradesman that does not love his business, will never give it due attendance. pleasure is a bait to the mind, and the mind will attract the body: where the heart is, the object shall always have the body's company. the great objection i meet with from young tradesmen against this argument is, they follow no unlawful pleasures; they do not spend their time in taverns, and drinking to excess; they do not spend their money in gaming, and so stock-starve their business, and rob the shop to supply the extravagant losses of play; or they do not spend their hours in ill company and debaucheries; all they do, is a little innocent diversion in riding abroad now and then for the air, and for their health, and to ease their thoughts of the throng of other affairs which are heavy upon them, &c. these, i say, are the excuses of young tradesmen; and, indeed, they are young excuses, and, i may say truly, have nothing in them. it is perhaps true, or i may grant it so for the present purpose, that the pleasure the tradesman takes is, as he says, not unlawful, and that he follows only a little innocent diversion; but let me tell him, the words are ill put together, and the diversion is rather recommended from the word _little_, than from the word _innocent_: if it be, indeed, but little, it may be innocent; but the case is quite altered by the extent of the thing; and the innocence lies here, not in the nature of the thing, not in the diversion or pleasure that is taken, but in the time it takes; for if the man spends the time in it which should be spent in his shop or warehouse, and his business suffers by his absence, as it must do, if the absence is long at a time, or often practised--the diversion so taken becomes criminal to him, though the same diversion might be innocent in another. thus i have heard a young tradesman, who loved his bottle, excuse himself, and say, 'it is true, i have been at the tavern, but i was treated, it cost me nothing.' and this, he thinks, clears him of all blame; not considering that when he spends no money, yet he spends five times the value of the money in time. another says, 'why, indeed, i was at the tavern yesterday all the afternoon, but i could not help it, and i spent but sixpence.' but at the same time perhaps it might be said he spent five pounds' worth of time, his business being neglected, his shop unattended, his books not posted, his letters not written, and the like--for all those things are works necessary to a tradesman, as well as the attendance on his shop, and infinitely above the pleasure of being treated at the expense of his time. all manner of pleasures should buckle and be subservient to business: he that makes his pleasure be his business, will never make his business be a pleasure. innocent pleasures become sinful, when they are used to excess, and so it is here; the most innocent diversion becomes criminal, when it breaks in upon that which is the due and just employment of the man's life. pleasures rob the tradesman, and how, then, can he call them innocent diversions? they are downright thieves; they rob his shop of his attendance, and of the time which he ought to bestow there; they rob his family of their due support, by the man's neglecting that business by which they are to be supported and maintained; and they oftentimes rob the creditors of their just debts, the tradesman sinking by the inordinate use of those innocent diversions, as he calls them, as well by the expense attending them, as the loss of his time, and neglect of his business, by which he is at last reduced to the necessity of shutting up shop in earnest, which was indeed as good as shut before. a shop without a master is like the same shop on a middling holiday, half shut up, and he that keeps it long so, need not doubt but he may in a little time more shut it quite up. in short, pleasure is a thief to business; how any man can call it innocent, let him answer that does so; it robs him every way, as i have said above: and if the tradesman be a christian, and has any regard to religion and his duty, i must tell him, that when upon his disasters he shall reflect, and see that he has ruined himself and his family, by following too much those diversions and pleasures which he thought innocent, and which perhaps in themselves were really so, he will find great cause to repent of that which he insisted on as innocent; he will find himself lost, by doing lawful things, and that he made those innocent things sinful, and those lawful things unlawful to him. thus, as they robbed his family and creditors before of their just debts--for maintenance is a tradesman's just debt to his family, and a wife and children are as much a tradesman's real creditors as those who trusted him with their goods--i say, as his innocent pleasures robbed his family and creditors before, they will rob him now of his peace, and of all that calm of soul which an honest, industrious, though unfortunate, tradesman meets with under his disasters. i am asked here, perhaps, how much pleasure an honest-meaning tradesman may be allowed to take? for it cannot be supposed i should insist that all pleasure is forbidden him, that he must have no diversion, no spare hours, no intervals from hurry and fatigue; that would be to pin him down to the very floor of his shop, as john sheppard was locked down to the floor of his prison. the answer to this question every prudent tradesman may make for himself: if his pleasure is in his shop, and in his business, there is no danger of him; but if he has an itch after exotic diversions--i mean such as are foreign to his shop, and to his business, and which i therefore call _exotic_--let him honestly and fairly state the case between his shop and his diversions, and judge impartially for himself. so much pleasure, and no more, may be innocently taken, as does not interfere with, or do the least damage to his business, by taking him away from it. every moment that his trade wants him in his shop or warehouse, it is his duty to be there; it is not enough to say, i believe i shall not be wanted; or i believe i shall suffer no loss by my absence. he must come to a point and not deceive himself; if he does, the cheat is all his own. if he will not judge sincerely at first, he will reproach himself sincerely at last; for there is no fraud against his own reflections: a man is very rarely a hypocrite to himself. the rule may be, in a few words, thus: those pleasures or diversions, and those only, can be innocent, which the man may or does use, or allow himself to use, without hindrance of, or injury to, his business and reputation. let the diversions or pleasures in question be what they will, and how innocent soever they are in themselves, they are not so to him, because they interrupt or interfere with his business, which is his immediate duty. i have mentioned the circumstance which touches this part too, namely, that there may be a time when even the needful duties of religion may become faults, and unseasonable, when another more needful attendance calls for us to apply to it; much more, then, those things which are only barely lawful. there is a visible difference between the things which we may do, and the things which we must do. pleasures at certain seasons are allowed, and we may give ourselves some loose to them; but business, i mean to the man of business, is that needful thing, of which it is not to be said it _may_, but it _must_ be done. again, those pleasures which may not only be lawful in themselves, but which may be lawful to other men, yet are criminal and unlawful to him. to gentlemen of fortunes and estates, who being born to large possessions, and have no avocations of this kind, it is certainly lawful to spend their spare hours on horseback, with their hounds or hawks, pursuing their game; or, on foot, with their gun and their net, and their dogs to kill the hares or birds, &c.--all which we call sport. these are the men that can, with a particular satisfaction, when they come home, say they have only taken an innocent diversion; and yet even in these, there are not wanting some excesses which take away the innocence of them, and consequently the satisfaction in their reflection, and therefore it was i said it was lawful to them to spend their spare hours--by which i am to be understood, those hours which are not due to more solemn and weighty occasions, such as the duties of religion in particular. but as this is not my present subject, i proceed; for i am not talking to gentlemen now, but to tradesmen. the prudent tradesman will, in time, consider what he ought or ought not to do, in his own particular case, as to his pleasures--not what another man may or may not do. in short, nothing of pleasure or diversion can be innocent to him, whatever it may be to another, if it injures his business, if it takes either his time, or his mind, or his delight, or his attendance, from his business; nor can all the little excuses, of its being for his health, and for the needful unbending the bow of the mind, from the constant application of business, for all these must stoop to the great article of his shop and business; though i might add, that the bare taking the air for health, and for a recess to the mind, is not the thing i am talking of--it is the taking an immoderate liberty, and spending an immoderate length of time, and that at unseasonable and improper hours, so as to make his pleasures and diversions be prejudicial to his business--this is the evil i object to, and this is too much the ruin of the tradesmen of this age; and thus any man who calmly reads these papers will see i ought to be understood. nor do i confine this discourse to the innocent diversions of a horse, and riding abroad to take the air; things which, as above, are made hurtful and unlawful to him, only as they are hindrances to his business, and are more or less so, as they rob his shop or warehouse, or business, or his attendance and time, and cause him to draw his affections off from his calling. but we see other and new pleasures daily crowding in upon the tradesman, and some which no age before this have been in danger of--i mean, not to such an excess as is now the case, and consequently there were fewer tradesmen drawn into the practice. the present age is a time of gallantry and gaiety; nothing of the present pride and vanity was known, or but very little of it, in former times: the baits which are every where laid for the corruption of youth, and for the ruin of their fortunes, were never so many and so mischievous as they are now. we scarce now see a tradesman's apprentice come to his fifth year, but he gets a long wig and a sword, and a set of companions suitable; and this wig and sword, being left at proper and convenient places, are put on at night after the shop is shut, or when they can slip out to go a-raking in, and when they never fail of company ready to lead them into all manner of wickedness and debauchery; and from this cause it is principally that so many apprentices are ruined, and run away from their masters before they come out of their times--more, i am persuaded, now, than ever were to be found before. nor, as i said before, will i charge the devil with having any hand in the ruin of these young fellows--indeed, he needs not trouble himself about them, they are his own by early choice--they anticipate temptation, and are as forward as the devil can desire them to be. these may be truly said to be drawn aside of their own lusts, and enticed--they need no tempter. but of these i may also say, they seldom trouble the tradesmen's class; they get ruined early, and finish the tradesman before they begin, so my discourse is not at present directed much to them; indeed, they are past advice before they come in my way. indeed, i knew one of these sort of gentlemen-apprentices make an attempt to begin, and set up his trade--he was a dealer in what they call crooked-lane wares: he got about £ from his father, an honest plain countryman, to set him up, and his said honest father exerted himself to the utmost to send him up so much money. when he had gotten the money, he took a shop near the place where he had served his time, and entering upon the shop, he had it painted, and fitted up, and some goods he bought in order to furnish it; but before that, he was obliged to pay about £ of the money to little debts, which he had contracted in his apprenticeship, at two or three ale-houses, for drink and eatables, treats, and junketings; and at the barber's for long perukes, at the sempstress's for fine holland-shirts, turn-overs, white gloves, &c, to make a beau of him, and at several other places. when he came to dip into this, and found that it wanted still £ or £ to equip him for the company which he had learned to keep, he took care to do this first; and being delighted with his new dress, and how like a gentleman he looked, he was resolved, before he opened a shop, to take his swing a little in the town; so away he went, with two of his neighbour's apprentices, to the play-house, thence to the tavern, not far from his dwelling, and there they fell to cards, and sat up all night--and thus they spent about a fortnight; the rest just creeping into their masters' houses, by the connivance of their fellow-servants, and he getting a bed in the tavern, where what he spent, to be sure, made them willing enough to oblige him--that is to say, to encourage him to ruin himself. they then changed their course, indeed, and went to the ball, and that necessarily kept them out the most part of the night, always having their supper dressed at the tavern at their return; and thus, in a few words, he went on till he made way through all the remaining money he had left, and was obliged to call his creditors together, and break before he so much as opened his shop--i say, his creditors, for great part of the goods which he had furnished his shop with were unpaid for; perhaps some few might be bought with ready money. this man, indeed, is the only tradesman that ever i met with, that set up and broke before his shop was open; others i have indeed known make very quick work of it. but this part rather belongs to another head. i am at present not talking of madmen, as i hope, indeed, i am not writing to madmen, but i am talking of tradesmen undone by lawful things, by what they call innocent and harmless things--such as riding abroad, or walking abroad to take the air, and to divert themselves, dogs, gun, country-sport, and city-recreation. these things are certainly lawful, and in themselves very innocent; nay, they may be needful for health, and to give some relaxation to the mind, hurried with too much business; but the needfulness of them is so much made an excuse, and the excess of them is so injurious to the tradesman's business and to his time, which should be set apart for his shop and his trade, that there are not a few tradesmen thus lawfully ruined, as i may call it--in a word, lawful or unlawful, their shop is neglected, their business goes behind-hand, and it is all one to the subject of breaking, and to the creditor, whether the man was undone by being a knave, or by being a fool; it is all one whether he lost his trade by scandalous immoral negligence, or by sober or religious negligence. in a word, business languishes, while the tradesman is absent, and neglects it, be it for his health or for his pleasure, be it in good company or in bad, be it from a good or an ill design; and if the business languishes, the tradesman will not be long before he languishes too; for nothing can support the tradesman but his supporting his trade by a due attendance and application.[ ] footnotes: [ ] [in the above admirable series of plain-spoken advices, the author has omitted one weighty reason why young tradesmen should not spend their evenings in frivolous, or otherwise improper company. the actual loss of time and of money incurred by such courses of conduct, is generally of less consequence than the losses arising from habitual distraction of mind, and the acquisition of an acquaintanceship with a set of idle or silly companions. it is of the utmost importance that young tradesmen should spend their leisure hours in a way calculated to soothe the feelings, and enlarge the mind; and in the present day, from the prevalance of literature, and other rational means for amusement, they have ample opportunities of doing so.] chapter x of extravagant and expensive living; another step to a tradesman's disaster hitherto i have written of tradesmen ruined by lawful and innocent diversions; and, indeed, these are some of the most dangerous pits for a tradesman to fall into, because men are so apt to be insensible of the danger: a ship may as well be lost in a calm smooth sea, and an easy fair gale of wind, as in a storm, if they have no pilot, or the pilot be ignorant or unwary; and disasters of that nature happen as frequently as any others, and are as fatal. when rocks are apparent, and the pilot, bold and wilful, runs directly upon them, without fear or wit, we know the fate of the ship--it must perish, and all that are in it will inevitably be lost; but in a smooth sea, a bold shore, an easy gale, the unseen rocks or shoals are the only dangers, and nothing can hazard them but the skilfulness of the pilot: and thus it is in trade. open debaucheries and extravagances, and a profusion of expense, as well as a general contempt of business, these are open and current roads to a tradesman's destruction; but a silent going on, in pursuit of innocent pleasures, a smooth and calm, but sure neglect of his shop, and time, and business, will as effectually and as surely ruin the tradesman as the other; and though the means are not so scandalous, the effect is as certain. but i proceed to the other. next to immoderate pleasures, the tradesman ought to be warned against immoderate expense. this is a terrible article, and more particularly so to the tradesman, as custom has now, as it were on purpose for their undoing, introduced a general habit of, and as it were a general inclination among all sorts of people to, an expensive way of living; to which might be added a kind of necessity of it; for that even with the greatest prudence and frugality a man cannot now support a family with the ordinary expense, which the same family might have been maintained with some few years ago: there is now ( ) a weight of taxes upon almost all the necessaries of life, bread and flesh excepted, as coals, salt, malt, candles, soap, leather, hops, wine, fruit, and all foreign consumptions; ( ) a load of pride upon the temper of the nation, which, in spite of taxes and the unusual dearess of every thing, yet prompts people to a profusion in their expenses. this is not so properly called a _tax_ upon the tradesmen; i think rather, it may be called _a plague_ upon them: for there is, first, the dearness of every necessary thing to make living expensive; and secondly, an unconquerable aversion to any restraint; so that the poor will be like the rich, and the rich like the great, and the great like the greatest--and thus the world runs on to a kind of distraction at this time: where it will end, time must discover. now, the tradesman i speak of, if he will thrive, he must resolve to begin as he can go on; and if he does so, in a word, he must resolve to live more under restraint than ever tradesmen of his class used to do; for every necessary thing being, as i have said, grown dearer than before, he must entirely omit all the enjoyment of the unnecessaries which he might have allowed himself before, or perhaps be obliged to an expense beyond the income of his trade: and in either of these cases he has a great hardship upon him. when i talk of immoderate expenses, i must be understood not yet to mean the extravagances of wickedness and debaucheries; there are so many sober extravagances, and so many grave sedate ways for a tradesman's ruin, and they are so much more dangerous than those hair-brained desperate ways of gaming and debauchery, that i think it is the best service i can do the tradesmen to lay before them those sunk rocks (as the seamen call them), those secret dangers in the first place, that they may know how to avoid them; and as for the other common ways, common discretion will supply them with caution for those, and their senses will be their protection. the dangers to the tradesmen whom i am directing myself to, are from lawful things, and such as before are called innocent; for i am speaking to the sober part of tradesmen, who yet are often ruined and overthrown in trade; and perhaps as many such miscarry, as of the mad and extravagant, particularly because their number far exceeds them. expensive living is a kind of slow fever; it is not so open, so threatening and dangerous, as the ordinary distemper which goes by that name, but it preys upon the spirits, and, when its degrees are increased to a height, is as fatal and as sure to kill as the other: it is a secret enemy, that feeds upon the vitals; and when it has gone its full length, and the languishing tradesman is weakened in his solid part, i mean his stock, then it overwhelms him at once. expensive living feeds upon the life and blood of the tradesman, for it eats into the two most essential branches of his trade, namely, his credit and his cash; the first is its triumph, and the last is its food: nothing goes out to cherish the exorbitance, but the immediate money; expenses seldom go on trust, they are generally supplied and supported with ready money, whatever are not. this expensive way of living consists in several things, which are all indeed in their degree ruinous to the tradesman; such as . expensive house-keeping, or family extravagance. . expensive dressing, or the extravagance of fine clothes. . expensive company, or keeping company above himself. . expensive equipages, making a show and ostentation of figure in the world. i might take them all in bulk, and say, what has a young tradesman to do with these? and yet where is there a tradesman now to be found, who is not more or less guilty? it is, as i have said, the general vice of the times; the whole nation are more or less in the crime; what with necessity and inclination, where is the man or the family that lives as such families used to live? in short, good husbandry and frugality is quite out of fashion, and he that goes about to set up for the practice of it, must mortify every thing about him that has the least tincture of frugality; it is the mode to live high, to spend more than we get, to neglect trade, contemn care and concern, and go on without forecast, or without consideration; and, in consequence, it is the mode to go on to extremity, to break, become bankrupt and beggars, and so going off the trading stage, leave it open for others to come after us, and do the same.[ ] to begin with house-keeping. i have already hinted, that every thing belonging to the family subsistence bears a higher price than usual, i may say, than ever; at the same time i can neither undertake to prove that there is more got by selling, or more ways to get it, i mean to a tradesman, than there was formerly; the consequence then must be, that the tradesmen do not grow rich faster than formerly; at least we may venture to say this of tradesmen and their families, comparing them with former times, namely, that there is not more got, and i am satisfied there is less laid up, than was then; or, if you will have it, that tradesmen get less and spend more than they ever did. how they should be richer than they were in those times, is very hard to say. that all things are dearer than formerly to a house-keeper, needs little demonstration; the taxes necessarily infer it from the weight of them, and the many things charged; for, besides the things enumerated above, we find all articles of foreign importation are increased by the high duties laid on them; such as linen, especially fine linen; silk, especially foreign wrought silk: every thing eatable, drinkable, and wearable, are made heavy to us by high and exorbitant customs and excises, as brandies, tobacco, sugar; deals and timber for building; oil, wine, spice, raw silks, calico, chocolate, coffee, tea; on some of these the duties are more than doubled: and yet that which is most observable is, that such is the expensive humour of the times, that not a family, no, hardly of the meanest tradesman, but treat their friends with wine, or punch, or fine ale; and have their parlours set off with the tea-table and the chocolate-pot--treats and liquors all exotic, foreign and new among tradesmen, and terrible articles in their modern expenses; which have nothing to be said for them, either as to the expense of them, or the helps to health which they boast of: on the contrary, they procure us rheumatic bodies and consumptive purses, and can no way pass with me for necessaries; but being needless, they add to the expense, by sending us to the doctors and apothecaries to cure the breaches which they make in our health, and are themselves the very worst sort of superfluities. but i come back to necessaries; and even in them, family-expenses are extremely risen, provisions are higher rated--no provisions that i know of, except only bread, mutton, and fish, but are made dearer than ever--house-rent, in almost all the cities and towns of note in england, is excessively and extremely dearer, and that in spite of such innumerable buildings as we see almost everywhere raised up, as well in the country as in london, and the parts adjacent. add to the rents of houses, the wages of servants. a tradesman, be he ever so much inclined to good husbandry, cannot always do his kitchen-work himself, suppose him a bachelor, or can his wife, suppose him married, and suppose her to have brought him any portion, be his bedfellow and his cook too. these maid-servants, then, are to be considered, and are an exceeding tax upon house-keepers; those who were formerly hired at three pounds to four pounds a-year wages, now demand five, six and eight pounds a-year; nor do they double anything upon us but their wages and their pride; for, instead of doing more work for their advance of wages, they do less: and the ordinary work of families cannot now be performed by the same number of maids, which, in short, is a tax upon the upper sort of tradesmen, and contributes very often to their disasters, by the extravagant keeping three or four maid-servants in a house, nay, sometimes five, where two formerly were thought sufficient. this very extravagance is such, that talking lately with a man very well experienced in this matter, he told me he had been making his calculations on that very particular, and he found by computation, that the number of servants kept by all sorts of people, tradesmen as well as others, was so much increased, that there are in london, and the towns within ten miles of it, take it every way, above a hundred thousand more maid-servants and footmen, at this time in place, than used to be in the same compass of ground thirty years ago;[ ] and that their wages amounted to above forty shillings a-head per annum, more than the wages of the like number of servants did amount to at the same length of time past; the advance to the whole body amounting to no less than two hundred thousand pounds a-year. indeed, it is not easy to guess what the expense of wages to servants amounts to in a year, in this nation; and consequently we cannot easily determine what the increase of that expense amounts to in england, but certainly it must rise to many hundred thousand pounds a-year in the whole. the tradesmen bear their share of this expense, and indeed too great a share, very ordinary tradesmen in london keeping at least two maids, and some more, and some a footman or two besides; for it is an ordinary thing to see the tradesmen and shopkeepers of london keep footmen, as well as the gentlemen: witness the infinite number of blue liveries, which are so common now that they are called the tradesmen's liveries; and few gentlemen care to give blue to their servants for that very reason. in proportion to their servants, the tradesmen now keep their tables, which are also advanced in their proportion of expense to other things: indeed, the citizen's and tradesmen's tables are now the emblems, not of plenty, but of luxury, not of good house-keeping, but of profusion, and that of the highest kind of extravagance; insomuch, that it was the opinion of a gentleman who had been not a traveller only, but a nice observer of such things abroad, that there is at this time more waste of provisions in england than in any other nation in the world, of equal extent of ground; and that england consumes for their whole subsistence more flesh than half europe besides; that the beggars of london, and within ten miles round it, eat more white bread than the whole kingdom of scotland,[ ] and the like. but this is an observation only, though i believe it is very just; i am bringing it in here only as an example of the dreadful profusion of this age, and how an extravagant way of expensive living, perfectly negligent of all degrees of frugality or good husbandry, is the reigning vice of the people. i could enlarge upon it, and very much to the purpose here, but i shall have occasion to speak of it again. the tradesman, whom i am speaking to by way of direction, will not, i hope, think this the way for him to thrive, or find it for his convenience to fall in with this common height of living presently, in his beginning; if he comes gradually into it after he has gotten something considerable to lay by, i say, if he does it then, it is early enough, and he may be said to be insensibly drawn into it by the necessity of the times; because, forsooth, it is a received notion, 'we must be like other folks:' i say, if he does fall into it then, when he will pretend he cannot help it, it is better than worse, and if he can afford it, well and good; but to begin thus, to set up at this rate, when he first looks into the world, i can only say this, he that begins in such a manner, it will not be difficult to guess where he will end; for a tradesman's pride certainly precedes his destruction, and an expensive living goes before his fall. we are speaking now to a tradesman, who, it is supposed, must live by his business, a young man who sets up a shop, or warehouse, and expects to get money; one that would be a rich tradesman, rather than a poor, fine, gay man; a grave citizen, not a peacock's feather; for he that sets up for a sir fopling flutter, instead of a complete tradesman, is not to be thought capable of relishing this discourse; neither does this discourse relish him; for such men seem to be among the incurables, and are rather fit for an hospital of fools (so the french call our bedlam) than to undertake trade, and enter upon business. trade is not a ball, where people appear in masque, and act a part to make sport; where they strive to seem what they really are not, and to think themselves best dressed when they are least known: but it is a plain visible scene of honest life, shown best in its native appearance, without disguise; supported by prudence and frugality; and like strong, stiff, clay land, grows fruitful only by good husbandry, culture, and manuring. a tradesman dressed up fine, with his long wig and sword, may go to the ball when he pleases, for he is already dressed up in the habit; like a piece of counterfeit money, he is brass washed over with silver, and no tradesman will take him for current; with money in his hand, indeed, he may go to the merchant's warehouse and buy any thing, but no body will deal with him without it: he may write upon his edged hat, as a certain tradesman, after having been once broke and set up again, 'i neither give nor take credit:' and as others set up in their shops, 'no trust by retail,' so he may say, 'no trust by wholesale.' in short, thus equipped, he is truly a tradesman in masquerade, and must pass for such wherever he is known. how long it may be before his dress and he may suit, it not hard to guess. some will have it that this expensive way of living began among the tradesmen first, that is to say, among the citizens of london; and that their eager resolved pursuit of that empty and meanest kind of pride, called imitation, namely, to look like the gentry, and appear above themselves, drew them into it. it has indeed been a fatal custom, but it has been too long a city vanity. if men of quality lived like themselves, men of no quality would strive to live not like themselves: if those had plenty, these would have profusion; if those had enough, these would have excess; if those had what was good, these would have what was rare and exotic; i mean as to season, and consequently dear. and this is one of the ways that have worn out so many tradesmen before their time. this extravagance, wherever it began, had its first rise among those sorts of tradesmen, who, scorning the society of their shops and customers, applied themselves to rambling to courts and plays; kept company above themselves, and spent their hours in such company as lives always above them; this could not but bring great expense along with it, and that expense would not be confined to the bare keeping such company abroad, but soon showed itself in a living like them at home, whether the tradesmen could support it or no. keeping high company abroad certainly brings on visitings and high treatings at home; and these are attended with costly furniture, rich clothes, and dainty tables. how these things agree with a tradesman's income, it is easy to suggest; and that, in short, these measures have sent so many tradesmen to the mint and to the fleet, where i am witness to it that they have still carried on their expensive living till they have come at last to starving and misery; but have been so used to it, they could not abate it, or at least not quite leave it off, though they wanted the money to pay for it. nor is the expensive dressing a little tax upon tradesmen, as it is now come up to an excess not formerly known to tradesmen; and though it is true that this particularly respects the ladies (for the tradesmen's wives now claim that title, as they do by their dress claim the appearance), yet to do justice to them, and not to load the women with the reproach, as if it were wholly theirs, it must be acknowledged the men have their share in dress, as the times go now, though, it is true, not so antic and gay as in former days; but do we not see fine wigs, fine holland shirts of six to seven shillings an ell, and perhaps laced also, all lately brought down to the level of the apron, and become the common wear of tradesmen--nay, i may say, of tradesmen's apprentices--and that in such a manner as was never known in england before? if the tradesman is thriving, and can support this and his credit too, that makes the case differ, though even then it cannot be said to be suitable; but for a tradesman to begin thus, is very imprudent, because the expense of this, as i said before, drains the very life-blood of his trade, taking away his ready money only, and making no return, but the worst of return, poverty and reproach; and, in case of miscarriage, infinite scandal and offence. i am loth to make any part of my writing a satire upon the women; nor, indeed, does the extravagance either of dress or house-keeping, lie all, or always, at the door of the tradesmen's wives--the husband is often the prompter of it; at least he does not let his wife into the detail of his circumstances, he does not make her mistress of her own condition, but either flatters her with notions of his wealth, his profits, and his flourishing circumstances, and so the innocent woman spends high and lives great, believing that she is in a condition to afford it, and that her husband approves of it; at least, he does not offer to retrench or restrain her, but lets her go on, and indeed goes on with her, to the ruin of both. i cannot but mention one thing here (though i purpose to give you one discourse on that subject by itself), namely, the great and indispensable obligation there is upon a tradesman always to acquaint his wife with the truth of his circumstances, and not to let her run on in ignorance, till she falls with him down the precipice of an unavoidable ruin--a thing no prudent woman would do, and therefore will never take amiss a husband's plainness in that particular case. but i reserve this to another place, because i am rather directing my discourse at this time to the tradesman at his beginning, and, as it may be supposed, unmarried. next to the expensive dressing, i place the expensive keeping company, as one thing fatal to a tradesman, and which, if he would be a complete tradesman, he should avoid with the utmost diligence. it is an agreeable thing to be seen in good company; for a man to see himself courted and valued, and his company desired by men of fashion and distinction, is very pleasing to any young tradesman, and it is really a snare which a young tradesman, if he be a man of sense, can very hardly resist. there is in itself indeed nothing that can be objected against, or is not very agreeable to the nature of man, and that not to his vicious part merely, but even to his best faculties; for who would not value himself upon being, as above, rendered acceptable to men both in station and figure above themselves? and it is really a piece of excellent advice which a learned man gave to his son, always to keep company with men above himself, not with men below himself. but take me now to be talking, as i really am, not to the man merely, but to his circumstances, if he were a man of fortune, and had the view of great things before him, it would hold good; but if he is a young tradesman, such as i am now speaking of, who is newly entered into business, and must depend upon his said business for his subsistence and support, and hopes to raise himself by it--i say, if i am talking to such a one, i must say to him, that keeping company as above, with men superior to himself in knowledge, in figure, and estate, is not his business; for, first, as such conversation must necessarily take up a great deal of his time, so it ordinarily must occasion a great expense of money, and both destructive of his prosperity; nay, sometimes the first may be as fatal to him as the last, and it is oftentimes true in that sense of trade, that while by keeping company he is drawn out of his business, his absence from his shop or warehouse is the most fatal to him; and while he spends one crown in the tavern, he spends forty crowns' worth of his time; and with this difference, too, which renders it the worse to the tradesman, namely, that the money may be recovered, and gotten up again, but the time cannot. for example-- . perhaps in that very juncture a person comes to his warehouse. suppose the tradesman to be a warehouse-keeper, who trades by commission, and this person, being a clothier in the country, comes to offer him his business, the commission of which might have been worth to him thirty to forty or fifty pounds per annum; but finding him abroad, or rather, not finding him at home and in his business, goes to another, and fixes with him at once. i once knew a dealer lose such an occasion as this, for an afternoon's pleasure, he being gone a-fishing into hackney-marsh. this loss can never be restored, this expense of time was a fatal expense of money; and no tradesman will deny but they find many such things as this happen in the course of trade, either to themselves or others. . another tradesman is invited to dinner by his great friend; for i am now speaking chiefly upon the subject of keeping high company, and what the tradesman sometimes suffers by it; it is true, that there he finds a most noble entertainment, the person of quality, and that professes a friendship for him, treats him with infinite respect, is fond of him, makes him welcome as a prince--for i am speaking of the acquaintance as really valuable and good in itself--but then, see it in its consequences. the tradesman on this occasion misses his 'change, that is, omits going to the exchange for that one day only, and not being found there, a merchant with whom he was in treaty for a large parcel of foreign goods, which would have been to his advantage to have bought, sells them to another more diligent man in the same way; and when he comes home, he finds, to his great mortification, that he has lost a bargain that would have been worth a hundred pounds buying; and now being in want of the goods, he is forced to entreat his neighbour who bought them to part with some of them at a considerable advance of price, and esteem it a favour too. who now paid dearest for the visit to a person of figure?--the gentleman, who perhaps spent twenty shillings extraordinary to give him a handsome dinner, or the tradesman who lost a bargain worth a hundred pounds buying to go to eat it? . another tradesman goes to 'change in the ordinary course of his business, intending to speak with some of the merchants, his customers, as is usual, and get orders for goods, or perhaps an appointment to come to his warehouse to buy; but a snare of the like kind falls in his way, and a couple of friends, who perhaps have little or no business, at least with him, lay hold of him, and they agree to go off change to the tavern together. by complying with this invitation, he omits speaking to some of those merchants, as above, who, though he knew nothing of their minds, yet it had been his business to have shown himself to them, and have put himself in the way of their call; but omitting this, he goes and drinks a bottle of wine, as above, and though he stays but an hour, or, as we say, but a little while, yet unluckily, in that interim, the merchant, not seeing him on the exchange, calls at his warehouse as he goes from the exchange, but not finding him there either, he goes to another warehouse, and gives his orders to the value of £ or £ , to a more diligent neighbour of the same business; by which he (the warehouse-keeper) not only loses the profit of selling that parcel, or serving that order, but the merchant is shown the way to his neighbour's warehouse, who, being more diligent than himself, fails not to cultivate his interest, obliges him with selling low, even to little or no gain, for the first parcel; and so the unhappy tradesman loses not his selling that parcel only, but loses the very customer, which was, as it were, his peculiar property before. all these things, and many more such, are the consequences of a tradesman's absence from his business; and i therefore say, the expense of time on such light occasions as these, is one of the worst sorts of extravagance, and the most fatal to the tradesman, because really he knows not what he loses. above all things, the tradesman should take care not to be absent in the season of business, as i have mentioned above; for the warehouse-keeper to be absent from 'change, which is his market, or from his warehouse, at the times when the merchants generally go about to buy, he had better be absent all the rest of the day. i know nothing is more frequent, than for the tradesman, when company invites, or an excursion from business presses, to say, 'well, come, i have nothing to do; there is no business to hinder, there is nothing neglected, i have no letters to write;' and the like; and away he goes to take the air for the afternoon, or to sit and enjoy himself with a friend--all of them things innocent and lawful in themselves; but here is the crisis of a tradesman's prosperity. in that very moment business presents, a valuable customer comes to buy, an unexpected bargain offers to be sold; another calls to pay money; and the like: nay, i would almost say, but that i am loth to concern the devil in more evils than he is guilty of--that the devil frequently draws a man out of his business when something extraordinary is just at hand for his advantage. but not, as i have said, to charge the devil with what he is not guilty of, the tradesman is generally his own tempter; his head runs off from his business by a secret indolence; company, and the pleasure of being well received among gentlemen, is a cursed snare to a young tradesman, and carries him away from his business, for the mere vanity of being caressed and complimented by men who mean no ill, and perhaps know not the mischief they do to the man they show respect to; and this the young tradesman cannot resist, and that is in time his undoing. the tradesman's pleasure should be in his business, his companions should be his books; and if he has a family, he makes his excursions up stairs, and no farther; when he is there, a bell or a call brings him down; and while he is in his parlour, his shop or his warehouse never misses him; his customers never go away unserved, his letters never come in and are unanswered. none of my cautions aim at restraining a tradesman from diverting himself, as we call it, with his fireside, or keeping company with his wife and children: there are so few tradesmen ruin themselves that way, and so few ill consequences happen upon an uxorious temper, that i will not so much as rank it with the rest; nor can it be justly called one of the occasions of a tradesman's disasters; on the contrary, it is too often that the want of a due complacency there, the want of taking delight there, estranges the man from not his parlour only, but his warehouse and shop, and every part of business that ought to engross both his mind and his time. that tradesman who does not delight in his family, will never long delight in his business; for, as one great end of an honest tradesman's diligence is the support of his family, and the providing for the comfortable subsistence of his wife and children, so the very sight of, and above all, his tender and affectionate care for his wife and children, is the spur of his diligence; that is, it puts an edge upon his mind, and makes him hunt the world for business, as hounds hunt the woods for their game. when he is dispirited, or discouraged by crosses and disappointments, and ready to lie down and despair, the very sight of his family rouses him again, and he flies to his business with a new vigour; 'i must follow my business,' says he, 'or we must all starve, my poor children must perish;' in a word, he that is not animated to diligence by the very sight and thought of his wife and children being brought to misery and distress, is a kind of a deaf adder that no music will charm, or a turkish mute that no pity can move: in a word, he is a creature not to be called human, a wretch hardened against all the passions and affections that nature has furnished to other animals; and as there is no rhetoric of use to such a kind of man as that, so i am not talking to such a one, he must go among the incurables; for, where nature cannot work, what can argument assist? footnotes: [ ] [now, as in defoe's time, a common observer is apt to be impressed with the idea, that expenses, with a large part of the community, exceed gains. certainly, this is true at all times with a certain portion of society, but probably at no time with a large portion. there is a tendency to great self-deception in all such speculations; and no one ever thinks of bringing them to the only true test--statistical facts. the reader ought, therefore, to pay little attention to the complaints in the text, as to an increased extravagance in the expenses of tradesmen, and only regard the general recommendation, and the reasons by which that recommendation is enforced, to live within income.] [ ] [there can be little doubt, that the calculation of this experienced gentleman is grossly inconsistent with the truth. nevertheless, this part of defoe's work contains some curious traits of manners, which are probably not exaggerated] [ ] [defoe, from his having been employed for several years in scotland at the time of the union, must have well known how rare was then the use of white or wheaten bread in that country.] chapter xi of the tradesman's marrying too soon it was a prudent provision which our ancestors made in the indenture of tradesmen's apprentices, that they should not contract matrimony during their apprenticeship; and they bound it with a penalty that was then thought sufficient. however, custom has taken off the edge of it since; namely, that they who did thus contract matrimony should forfeit their indentures, that is to say, should lose the benefit of their whole service, and not be made free. doubtless our forefathers were better acquainted with the advantages of frugality than we are, and saw farther into the desperate consequences of expensive living in the beginning of a tradesman's setting out into the world than we do; at least, it is evident they studied more and practised more of the prudential part in those cases, than we do. hence we find them very careful to bind their youth under the strongest obligations they could, to temperance, modesty, and good husbandry, as the grand foundations of their prosperity in trade, and to prescribe to them such rules and methods of frugality and good husbandry, as they thought would best conduce to their prosperity. among these rules this was one of the chief--namely, 'that they should not wed before they had sped?' it is an old homely rule, and coarsely expressed, but the meaning is evident, that a young beginner should never marry too soon. while he was a servant, he was bound from it as above; and when he had his liberty, he was persuaded against it by all the arguments which indeed ought to prevail with a considering man--namely, the expenses that a family necessarily would bring with it, and the care he ought to take to be able to support the expense before he brought it upon himself. on this account it is, i say, our ancestors took more of their youth than we now do; at least, i think, they studied well the best methods of thriving, and were better acquainted with the steps by which a young tradesman ought to be introduced into the world than we are, and of the difficulties which those people would necessarily involve themselves in, who, despising those rules and methods of frugality, involved themselves in the expense of a family before they were in a way of gaining sufficient to support it. a married apprentice will always make a repenting tradesman; and those stolen matches, a very few excepted, are generally attended with infinite broils and troubles, difficulties, and cross events, to carry them on at first by way of intrigue, to conceal them afterwards under fear of superiors, to manage after that to keep off scandal, and preserve the character as well of the wife as of the husband; and all this necessarily attended with a heavy expense, even before the young man is out of his time; before he has set a foot forward, or gotten a shilling in the world; so that all this expense is out of his original stock, even before he gets it, and is a sad drawback upon him when it comes. nay, this unhappy and dirty part is often attended with worse consequences still; for this expense coming upon him while he is but a servant, and while his portion, or whatever it is to be called, is not yet come into his hand, he is driven to terrible exigencies to supply this expense. if his circumstances are mean, and his trade mean, he is frequently driven to wrong his master, and rob his shop or his till for money, if he can come at it: and this, as it begins in madness, generally ends in destruction; for often he is discovered, exposed, and perhaps punished, and so the man is undone before he begins. if his circumstances are good, and he has friends that are able, and expectations that are considerable, then his expense is still the greater, and ways and means are found out, or at least looked for, to supply the expense, and conceal the fact, that his friends may not know it, till he has gotten the blessing he expects into his hands, and is put in a way to stand upon his own legs; and then it comes out, with a great many grieving aggravations to a parent to find himself tricked and defeated in the expectations of his son's marrying handsomely, and to his advantage; instead of which, he is obliged to receive a dish-clout for a daughter-in-law, and see his family propagated by a race of beggars, and yet perhaps as haughty, as insolent, and as expensive, as if she had blessed the family with a lady of fortune, and brought a fund with her to have supported the charge of her posterity. when this happens, the poor young man's case is really deplorable. before he is out of his time, he is obliged to borrow of friends, if he has any, on pretence his father does not make him a sufficient allowance, or he trenches upon his master's cash, which perhaps, he being the eldest apprentice, is in his hands; and this he does, depending, that when he is out of his time, and his father gives him wherewith to set up, he will make good the deficiency; and all this happens accordingly so that his reputation as to his master is preserved, and he comes off clear as to dishonesty in his trust. but what a sad chasm does it make in his fortune! i knew a certain young tradesman, whose father, knowing nothing of his son's measures, gave him £ to set up with, straining himself to the utmost for the well introducing his son into the world; but who, when he came to set up, having near a year before married the servant-maid of the house where he lodged, and kept her privately at a great expense, had above £ of his stock already wasted and sunk, before he began for himself; the consequence of which was, that going in partner with another young man, who had likewise £ to begin with, he was, instead of half of the profits, obliged to make a private article to accept of a third of the trade; and the beggar-wife proving more expensive, by far, than the partner's wife (who married afterwards, and doubled his fortune), the first young man was obliged to quit the trade, and with his remaining stock set up by himself; in which case his expenses continuing, and his stock being insufficient, he sank gradually, and then broke, and died poor. in a word, he broke the heart of his father, wasted what he had, and could never recover it, and at last it broke his own heart too. but i shall bring it a little farther. suppose the youth not to act so grossly neither; not to marry in his apprenticeship, not to be forced to keep a wife privately, and eat the bread he never got; but suppose him to be entered upon the world, that he has set up, opened shop, or fitted up his warehouse, and is ready to trade, the next thing, in the ordinary course of the world, at this time is _a wife_; nay, i have met with some parents, who have been indiscreet enough themselves to prompt their sons to marry as soon as they are set up; and the reason they give for it is, the wickedness of the age, that youth are drawn in a hundred ways to ruinous matches or debaucheries, and are so easily ruined by the mere looseness of their circumstances, that it is needful to marry them to keep them at home, and to preserve them diligent, and bind them close to their business. this, be it just or not, is a bad cure of an ill disease; it is ruining the young man to make him sober, and making him a slave for life to make him diligent. be it that the wife he shall marry is a sober, frugal, housewifely woman, and that nothing is to be laid to her charge but the mere necessary addition of a family expense, and that with the utmost moderation, yet, at the best, he cripples his fortune, stock-starves his business, and brings a great expense upon himself at first, before, by his success in trade, he had laid up stock enough to support the charge. first, it is reasonable to suppose, that at his beginning in the world he cannot expect to get so good a portion with a wife, as he might after he had been set up a few years, and by his diligence and frugality, joined to a small expense in house-keeping, had increased both his stock in trade and the trade itself; then he would be able to look forward boldly, and would have some pretence for insisting on a fortune, when he could make out his improvements in trade, and show that he was both able to maintain a wife, and able to live without her. when a young tradesman in holland or germany goes a-courting, i am told the first question the young woman asks of him, or perhaps her friends for her, is, 'are you able to pay the charges?' that is to say, in english, 'are you able to keep a wife when you have got her?' the question is a little gothic indeed, and would be but a kind of gross way of receiving a lover here, according to our english good breeding; but there is a great deal of reason in the inquiry, that must be confessed; and he that is not able to _pay the charges_, should never begin the journey; for, be the wife what she will, the very state of life that naturally attends the marrying a woman, brings with it an expense so very considerable, that a tradesman ought to consider very well of it before he engages. but it is to be observed, too, that abundance of young tradesmen, especially in england, not only marry early, but by the so marrying they are obliged to take up with much less fortunes in their haste, than when they allow themselves longer time of consideration. as it stands now, generally speaking, the wife and the shop make their first show together; but how few of these early marriages succeed--how hard such a tradesman finds it to stand, and support the weight that attends it--i appeal to the experience of those, who having taken this wrong step, and being with difficulty got over it, are yet good judges of that particular circumstance in others that come after them.[ ] i know it is a common cry that is raised against the woman, when her husband fails in business, namely, that it is the wife has ruined him; it is true, in some particular cases it may be so, but in general it is wrong placed--they may say marrying has ruined the man, when they cannot say his wife has done it, for the woman was not in fault, but her husband. when a tradesman marries, there are necessary consequences, i mean of expenses, which the wife ought not be charged with, and cannot be made accountable for--such as, first, furnishing the house; and let this be done with the utmost plainness, so as to be decent; yet it must be done, and this calls for ready money, and that ready money by so much diminishes his stock in trade; nor is the wife at all to be charged in this case, unless she either put him to more charge than was needful, or showed herself dissatisfied with things needful, and required extravagant gaiety and expense. secondly, servants, if the man was frugal before, it may be he shifted with a shop, and a servant in it, an apprentice, or journeyman, or perhaps without one at first, and a lodging for himself, where he kept no other servant, and so his expenses went on small and easy; or if he was obliged to take a house because of his business and the situation of his shop, he then either let part of the house out to lodgers, keeping himself a chamber in it, or at the worst left it unfurnished, and without any one but a maid-servant to dress his victuals, and keep the house clean; and thus he goes on when a bachelor, with a middling expense at most. but when he brings home a wife, besides the furnishing his house, he must have a formal house-keeping, even at the very first; and as children come on, more servants, that is, maids, or nurses, that are as necessary as the bread he eats--especially if he multiplies apace, as he ought to suppose he may--in this case let the wife be frugal and managing, let her be unexceptionable in her expense, yet the man finds his charge mount high, and perhaps too high for his gettings, notwithstanding the additional stock obtained by her portion. and what is the end of this but inevitable decay, and at last poverty and ruin? nay, the more the woman is blameless, the more certain is his overthrow, for if it was an expense that was extravagant and unnecessary, and that his wife ran him out by her high living and gaiety, he might find ways to retrench, to take up in time, and prevent the mischief that is in view. a woman may, with kindness and just reasoning, be easily convinced, that her husband cannot maintain such an expense as she now lives at; and let tradesmen say what they will, and endeavour to excuse themselves as much as they will, by loading their wives with the blame of their miscarriage, as i have known some do, and as old father adam, though in another case, did before them, i must say so much in the woman's behalf at a venture. it will be very hard to make me believe that any woman, that was not fit for bedlam, if her husband truly and timely represented his case to her, and how far he was or was not able to maintain the expense of their way of living, would not comply with her husband's circumstances, and retrench her expenses, rather than go on for a while, and come to poverty and misery. let, then, the tradesman lay it early and seriously before his wife, and with kindness and plainness tell her his circumstances, or never let him pretend to charge her with being the cause of his ruin. let him tell her how great his annual expense is; for a woman who receives what she wants as she wants it, that only takes it with one hand, and lays it out with another, does not, and perhaps cannot, always keep an account, or cast up how much it comes to by the year. let her husband, therefore, i say, tell her honestly how much his expense for her and himself amounts to yearly; and tell her as honestly, that it is too much for him, that his income in trade will not answer it; that he goes backward, and the last year his family expenses amounted to so much, say £ --for that is but an ordinary sum now for a tradesman to spend, whatever it has been esteemed formerly--and that his whole trade, though he made no bad debts, and had no losses, brought him in but £ the whole year, so that he was £ that year a worse man than he was before, that this coming year he had met with a heavy loss already, having had a shopkeeper in the country broke in his debt £ , and that he offered but eight shillings in the pound, so that he should lose £ by him, and that this, added to the £ run out last year, came to £ , and that if they went on thus, they should be soon reduced. what could the woman say to so reasonable a discourse, if she was a woman of any sense, but to reply, she would do any thing that lay in her to assist him, and if her way of living was too great for him to support, she would lessen it as he should direct, or as much as he thought was reasonable?--and thus, going hand in hand, she and he together abating what reason required, they might bring their expenses within the compass of their gettings, and be able to go on again comfortably. but now, when the man, finding his expenses greater than his income, and yet, when he looks into those expenses, finds that his wife is frugal too, and industrious, and applies diligently to the managing her family, and bringing up her children, spends nothing idly, saves every thing that can be saved; that instead of keeping too many servants, is a servant to every body herself; and that, in short, when he makes the strictest examination, finds she lays out nothing but what is absolutely necessary, what now must this man do? he is ruined inevitably--for all his expense is necessary; there is no retrenching, no abating any thing. this, i say, is the worst case of the two indeed; and this man, though he may say he is undone by marrying, yet cannot blame the woman, and say he is undone by his wife. this is the very case i am speaking of; the man should not have married so soon; he should have staid till he had, by pushing on his trade, and living close in his expense, increased his stock, and been what we call beforehand in the world; and had he done thus, he had not been undone by marrying. it is a little hard to say it, but in this respect it is very true, there is many a young tradesman ruined by marrying a good wife--in which, pray take notice that i observe my own just distinction: i do not say they are ruined or undone by a good wife, or by their wives being good, but by their marrying--their unseasonable, early, and hasty marrying--before they had cast up the cost of one, or the income of the other--before they had inquired into the necessary charge of a wife and a family, or seen the profits of their business, whether it would maintain them or no; and whether, as above, they could pay the charges, the increasing necessary charge, of a large and growing family. how to persuade young men to consider this in time, and beware and avoid the mischief of it, that is a question by itself. let no man, then, when he is brought to distress by this early rashness, turn short upon his wife, and reproach her with being the cause of his ruin, unless, at the same time, he can charge her with extravagant living, needless expense, squandering away his money, spending it in trifles and toys, and running him out till the shop could not maintain the kitchen, much less the parlour; nor even then, unless he had given her timely notice of it, and warned her that he was not able to maintain so large a family, or so great an expense, and that, therefore, she would do well to consider of it, and manage with a straiter hand, and the like. if, indeed, he had done so, and she had not complied with him, then she had been guilty, and without excuse too; but as the woman cannot judge of his affairs, and he sees and bears a share in the riotous way of their living, and does not either show his dislike of it, or let her know, by some means or other, that he cannot support it, the woman cannot be charged with being his ruin--no, though her way of extravagant expensive living were really the cause of it. i met with a short dialogue, the other day, between a tradesman and his wife, upon such a subject as this, some part of which may be instructing in the case before us. the tradesman was very melancholy for two or three days, and had appeared all that time to be pensive and sad, and his wife, with all her arts, entreaties, anger, and tears, could not get it out of him; only now and then she heard him fetch a deep sigh, and at another time say, he wished he was dead, and the like expressions. at last, she began the discourse with him in a respectful, obliging manner, but with the utmost importunity to get it out of him, thus:-- _wife_.--my dear, what is the matter with you? _husb._--nothing. _wife_.--nay, don't put me off with an answer that signifies nothing; tell me what is the matter, for i am sure something extraordinary is the case--tell me, i say, do tell me. [_then she kisses him._] _husb._--prithee, don't trouble me. _wife_.--i will know what is the matter _husb._--i tell you nothing is the matter--what should be the matter? _wife_.--come, my dear, i must not be put off so; i am sure, if it be any thing ill, i must have my share of it; and why should i not be worthy to know it, whatever it is, before it comes upon me. _husb._--poor woman! [_he kisses her_.] _wife_.--well, but let me know what it is; come, don't distract yourself alone; let me bear a share of your grief, as well as i have shared in your joy. _husb._--my dear, let me alone, you trouble me now, indeed. _[still he keeps her off_.] _wife_.--then you will not trust your wife with knowing what touches you so sensibly? _husb._--i tell you, it is nothing, it is a trifle, it is not worth talking of. _wife_.--don't put me off with such stuff as that; i tell you, it is not for nothing that you have been so concerned, and that so long too; i have seen it plain enough; why, you have drooped upon it for this fortnight past, and above. _husb._--ay, this twelvemonth, and more. _wife_.--very well, and yet it is nothing. _husb._--it is nothing that you can help me in. _wife_.--well, but how do you know that? let me see, and judge whether i can, or no. _husb._--i tell you, you cannot. _wife_.--sure it is some terrible thing then. why must not i know it? what! are you going to break? come, tell me the worst of it. _husb._--break! no, no, i hope not--break! no, i'll never break. _wife_.--as good as you have broke; don't presume; no man in trade can say he won't break. _husb._--yes, yes; i can say i won't break. _wife_.--i am glad to hear it; i hope you have a knack, then, beyond other tradesmen. _husb._--no, i have not neither; any man may say so as well as i; and no man need break, if he will act the part of an honest man. _wife_.--how is that, pray? _husb._--why, give up all faithfully to his creditors, as soon as he finds there is a deficiency in his stock, and yet that there is enough left to pay them. _wife_.--well, i don't understand those things, but i desire you would tell me what it is troubles you now; and if it be any thing of that kind, yet i think you should let me know it. _husb._--why should i trouble you with it? _wife_.--it would be very unkind to let me know nothing till it comes and swallows you up and me too, all on a sudden; i must know it, then; pray tell it me now. _husb._--why, then, i will tell you; indeed, i am not going to break, and i hope i am in no danger of it, at least not yet. _wife_.--i thank you, my dear, for that; but still, though it is some satisfaction to me to be assured of so much, yet i find there is something in it; and your way of speaking is ambiguous and doubtful. i entreat you, be plain and free with me. what is at the bottom of it?--why won't you tell me?--what have i done, that i am not to be trusted with a thing that so nearly concerns me? _husb._--i have told you, my dear; pray be easy; i am not going to break, i tell you. _wife_.--well, but let us talk a little more seriously of it; you are not going to break, that is, not just now, not yet, you said; but, my dear, if it is then not just at hand, but may happen, or is in view at some distance, may not some steps be taken to prevent it for the present, and to save us from it at last too. _husb._--what steps could you think of, if that were the case? _wife_.--indeed it is not much that is in a wife's power, but i am ready to do what lies in me, and what becomes me; and first, pray let us live lower. do you think i would live as i do, if i thought your income would not bear it? no, indeed. _husb._--you have touched me in the most sensible part, my dear; you have found out what has been my grief; you need make no further inquiries. _wife_.--was that your grief?--and would you never be so kind to your wife as to let her know it? _husb._--how could i mention so unkind a thing to you? _wife_.--would it not have been more unkind to have let things run on to destruction, and left your wife to the reproach of the world, as having ruined you by her expensive living? _husb._--that's true, my dear; and it may be i might have spoke to you at last, but i could not do it now; it looks so cruel and so hard to lower your figure, and make you look little in the eyes of the world, for you know they judge all by outsides, that i could not bear it. _wife_.--it would be a great deal more cruel to let me run on, and be really an instrument to ruin, my husband, when, god knows, i thought i was within the compass of your gettings, and that a great way; and you know you always prompted me to go fine, to treat handsomely, to keep more servants, and every thing of that kind. could i doubt but that you could afford it very well? _husb._--that's true, but i see it is otherwise now; and though i cannot help it, i could not mention it to you, nor, for ought i know, should i ever have done it. _wife_.--why! you said just now you should have done it. _husb._--ay, at last, perhaps, i might, when things had been past recovery. _wife_.--that is to say, when you were ruined and undone, and could not show your head, i should know it; or when a statute of bankrupt had come out, and the creditors had come and turned us out of doors, then i should have known it--that would have been a barbarous sort of kindness. _husb._--what could i do? i could not help it. _wife_.--just so our old acquaintance g--w--did; his poor wife knew not one word of it, nor so much as suspected it, but thought him in as flourishing circumstances as ever; till on a sudden he was arrested in an action for a great sum, so great that he could not find bail, and the next day an execution on another action was served in the house, and swept away the very bed from under her; and the poor lady, that brought him £ portion, was turned into the street with five small children to take care of. _husb._--her case was very sad, indeed. _wife_.--but was not he a barbarous wretch to her, to let her know nothing of her circumstances? she was at the ball but the day before, in her velvet suit, and with her jewels on, and they reproach her with it every day. _husb._--she did go too fine, indeed. _wife_.--do you think she would have done so, if she had known any thing of his circumstances? _husb._--it may be not. _wife_.--no, no; she is a lady of too much sense, to allow us to suggest it. _husb._--and why did he not let her have some notice of it? _wife_.--why, he makes the same dull excuse you speak of; he could not bear to speak to her of it, and it looked so unkind to do any thing to straiten her, he could not do it, it would break his heart, and the like; and now he has broke her heart. _husb._--i know it is hard to break in upon one's wife in such a manner, where there is any true kindness and affection; but-- _wife_.--but! but what? were there really a true kindness and affection, as is the pretence, it would be quite otherwise; he would not break his own heart, forsooth, but chose rather to break his wife's heart! he could not be so cruel to tell her of it, and therefore left her to be cruelly and villanously insulted, as she was, by the bailiffs and creditors. was that his kindness to her? _husb._--well, my dear, i have not brought you to that, i hope. _wife_.--no, my dear, and i hope you will not; however, you shall not say i will not do every thing i can to prevent it; and, if it lies on my side, you are safe. _husb._--what will you do to prevent it? come, let's see, what can you do? _wife_.--why, first, i keep five maids, you see, and a footman; i shall immediately give three of my maids warning, and the fellow also, and save you that part of the expense. _husb._--how can you do that?--you can't do your business. _wife_.--yes, yes, there's nobody knows what they can do till they are tried; two maids may do all my house-business, and i'll look after my children myself; and if i live to see them grown a little bigger, i'll make them help one another, and keep but one maid; i hope that will be one step towards helping it. _husb_.--and what will all your friends and acquaintance, and the world, say to it? _wife_.--not half so much as they would to see you break, and the world believe it be by my high living, keeping a house full of servants, and do nothing myself. _husb_.--they will say i am going to break upon your doing thus, and that's the way to make it so. _wife_.--i had rather a hundred should say you were going to break, than one could say you were really broke already. _husb_.--but it is dangerous to have it talked of, i say. _wife_.--no, no; they will say we are taking effectual ways to prevent breaking. _husb_.--but it will put a slur upon yourself too. i cannot bear any mortifications upon you, any more than i can upon myself. _wife_.--don't tell me of mortifications; it would be a worse mortification, a thousand times over, to have you ruined, and have your creditors insult me with being the occasion of it. _husb_.--it is very kind in you, my dear, and i must always acknowledge it; but, however, i would not have you straiten yourself too much neither. _wife_.--nay, this will not be so much a mortification as the natural consequence of other things; for, in order to abate the expense of our living, i resolve to keep less company. i assure you i will lay down all the state of living, as well as the expense of it; and, first, i will keep no visiting days; secondly, i'll drop the greatest part of the acquaintance i have; thirdly, i will lay down our treats and entertainments, and the like needless occasions of expense, and then i shall have no occasion for so many maids. _husb_.--but this, my dear, i say, will make as much noise almost, as if i were actually broke. _wife_.--no, no; leave that part to me. _husb_.--but you may tell me how you will manage it then. _wife_.--why, i'll go into the country. _husb_.--that will but bring them after you, as it used to do. _wife_.--but i'll put off our usual lodgings at hampstead, and give out that i am gone to spend the summer in bedfordshire, at my aunt's, where every body knows i used to go sometimes; they can't come after me thither. _husb_.--but when you return, they will all visit you. _wife_.--yes, and i will make no return to all those i have a mind to drop, and there's an end of all their acquaintance at once. _husb_.--and what must i do? _wife_.--nay, my dear, it is not for me to direct that part; you know how to cure the evil which you sensibly feel the mischief of. if i do my part, i don't doubt you know how to do yours. _husb_.--yes, i know, but it is hard, very hard. _wife_.--nay, i hope it is no harder for you than it is for your wife. _husb_.--that is true, indeed, but i'll see. _wife_.--the question to me is not whether it is hard, but whether it is necessary. _husb_.--nay, it is necessary, that is certain. _wife_.--then i hope it is as necessary to you as to your wife. _husb_.--i know not where to begin. _wife_.--why, you keep two horses and a groom, you keep rich high company, and you sit long at the fleece every evening. i need say no more; you know where to begin well enough. _husb_.--it is very hard; i have not your spirit, my dear. _wife_.--i hope you are not more ashamed to retrench, than you would be to have your name in the gazette. _husb_.--it is sad work to come down hill thus. _wife_.--it would be worse to fall down at one blow from the top; better slide gently and voluntarily down the smooth part, than to be pushed down the precipice, and be dashed all in pieces. there was more of this dialogue, but i give the part which i think most to the present purpose; and as i strive to shorten the doctrine, so i will abridge the application also; the substance of the case lies in a few particulars, thus:-- i. the man was melancholy, and oppressed with the thoughts of his declining circumstances, and yet had not any thought of letting his wife know it, whose way of living was high and expensive, and more than he could support; but though it must have ended in ruin, he would rather let it have gone on till she was surprised in it, than to tell her the danger that was before her. his wife very well argues the injustice and unkindness of such usage, and how hard it was to a wife, who, being of necessity to suffer in the fall, ought certainly to have the most early notice of it--that, if possible, she might prevent it, or, at least, that she might not be overwhelmed with the suddenness and the terror of it. ii. upon discovering it to his wife, or rather her drawing the discovery from him by her importunity, she immediately, and most readily and cheerfully, enters into measures to retrench her expenses, and, as far as she was able, to prevent the blow, which was otherwise apparent and unavoidable. hence it is apparent, that the expensive living of most tradesmen in their families, is for want of a serious acquainting their wives with their circumstances, and acquainting them also in time; for there are very few ladies so unreasonable, who, if their husbands seriously informed them how things stood with them, and that they could not support their way of living, would not willingly come into measures to prevent their own destruction. iii. that it is in vain, as well as unequal, for a tradesman to preach frugality to his wife, and to bring his wife to a retrenching of her expenses, and not at the same time to retrench his own; seeing that keeping horses and high company is every way as great and expensive, and as necessary to be abated, as any of the family extravagances, let them be which they will. all this relates to the duty of a tradesman in preventing his family expenses being ruinous to his business; but the true method to prevent all this, and never to let it come so far, is still, as i said before, not to marry too soon; not to marry, till by a frugal industrious management of his trade in the beginning, he has laid a foundation for maintaining a wife, and bringing up a family, and has made an essay by which he knows what he can and cannot do, and also before he has laid up and increased his stock, that he may not cripple his fortune at first, and be ruined before he has begun to thrive. footnotes: [ ] [defoe's views on the subject of the too early marrying of young tradesmen, are in every particular sound. though there are instances of premature marriages followed by no evil result, but rather the contrary, there can be no doubt, that the only prudent course is to wait till a settlement in life, and a regular income, have been secured. a young man, anxious for other reasons to marry, is sometimes heard to express his conviction that he might live more cheaply married than single. there could be no assertion more inconsistent with all common experience. even if no positively ruinous consequences arise from an over-early marriage, it almost always occasions much hardship. it saddens a period of life which nature has designed to be peculiarly cheerful. the whole life of such a man becomes like a year in which there has been no may or june. the grave cares of matrimony do not appear to be naturally suitable to the human character, till the man has approached his thirtieth, and the woman her twenty-fourth year.] chapter xii of the tradesman's leaving his business to servants it is the ordinary excuse of the gentlemen tradesmen of our times, that they have good servants, and that therefore they take more liberty to be out of their business, than they would otherwise do. 'oh!' says the shopkeeper, 'i have an apprentice--it is an estate to have such a servant. i am as safe in him as if i had my eye upon the business from morning till night; let me be where i will, i am always satisfied he is at home; if i am at the tavern, i am sure he is in the counting-house, or behind the counter; he is never out of his post. 'and then for my other servants, the younger apprentices,' says he, 'it is all one as if i were there myself--they would be idle it may be, but he won't let them, i assure you; they must stick close to it, or he will make them do it; he tells them, boys do not come apprentices to play, but to work; not to sit idle, and be doing nothing, but to mind their master's business, that they may learn how to do their own.' 'very well; and you think, sir, this young man being so much in the shop, and so diligent and faithful, is an estate to you, and so indeed it is; but are your customers as well pleased with this man, too, as you are? or are they as well pleased with him, as they would be, if you were there yourself?' 'yes, they are,' says the shopkeeper; 'nay, abundance of the customers take him for the master of the shop, and don't know any other; and he is so very obliging, and pleases so well, giving content to every body, that, if i am at any other part of the shop, and see him serving a customer, i never interrupt them, unless sometimes (he is so modest) he will call me, and turning to the ladies say, "there's my master, madam; if you think he will abate you any thing, i'll call him;" and sometimes they will look a little surprised, and say, "is that your master? indeed, we thought you had been the master of the shop yourself."' 'well,' said i, 'and you think yourself very happy in all this, don't you? pray, how long has this young gentleman to serve? how long is it before his time will be out?' 'oh, he has almost a year and a half to serve,' says the shopkeeper. 'i hope, then,' said i, 'you will take care to have him knocked on the head, as soon as his time is out.' 'god forbid,' says the honest man; 'what do you mean by that?' 'mean!' said i, 'why, if you don't, he will certainly knock your trade on the head, as soon as the year and a half comes to be up. either you must dispose of him, as i say, or take care that he does not set up near you, no, not in the same street; if you do, your customers will all run thither. when they miss him in the shop, they will presently inquire for him; and as, you say, they generally take him for the master, they will ask whether the gentleman is removed that kept the shop before.' all my shopkeeper could say, was, that he had got a salve for that sore, and that was, that when timothy was out of his time, he resolved to take him in partner. 'a very good thing, indeed! so you must take timothy into half the trade when he is out of his time, for fear he should run away with three-quarters of it, when he sets up for himself. but had not the master much better have been timothy himself?--then he had been sure never to have the customers take timothy for the master; and when he went away, and set up perhaps at next door, leave the shop, and run after him.' it is certain, a good servant, a faithful, industrious, obliging servant, is a blessing to a tradesman, and, as he said, is an estate to his master; but the master, by laying the stress of his business upon him, divests himself of all the advantages of such a servant, and turns the blessing into a blast; for by giving up the shop as it were to him, and indulging himself in being abroad, and absent from his business, the apprentice gets the mastery of the business, the fame of the shop depends upon him, and when he sets up, certainly follows him. such a servant would, with the master's attendance too, be very helpful, and yet not be dangerous; such a servant is well, when he is visibly an assistant to the master, but is ruinous when he is taken for the master. there is a great deal of difference between a servant's being the stay of his master, and his being the stay of his trade: when he is the first, the master is served by him; and when he is gone, he breeds up another to follow his steps; but when he is the last, he carries the trade with him, and does his master infinitely more hurt than good. a good tradesman has a great deal of trouble with a bad servant, but must take heed that he is not wounded by a good one--the extravagant idle vagrant servant hurts himself, but the diligent servant endangers his master. the greater reputation the servant gets in his business, the more care the master has upon him, lest he gets within him, and worms him out of his business. the only way to prevent this, and yet not injure a diligent servant, is that the master be as diligent as the servant; that the master be as much at the shop as the man. he that will keep in his business, need never fear keeping his business, let his servant be as diligent as he will. it is a hard thing that a tradesman should have the blessing of a good servant, and make it a curse to him, by his appearing less capable than his man. let your apprentice be in the business, but let the master be at the head of the business at all times. there is a great deal of difference between being diligent in the business _in_ the shop, and leading the whole business _of_ the shop. an apprentice who is diligent may be master of his business, but should never be master of the shop; the one is to be useful to his master, the other is to be master of his master; and, indeed, this shows the absolute necessity of diligence and application in a tradesman, and how, for want of it, that very thing which is the blessing of another tradesman's business is the ruin of his. servants, especially apprentices, ought to be considered, as they really are, in their moveable station, that they are here with you but seven years, and that then they act or move in a sphere or station of their own: their diligence is now for you, but ever after it is for themselves; that the better servants they have been while they were with you, the more dangerous they will be to you when you part; that, therefore, though you are bound in justice to them to let them into your business in every branch of it, yet you are not bound to give your business away to them; the diligence, therefore, of a good servant in the master's business, should be a spur to the master's diligence to take care of himself. there is a great deal of difference also between trusting a servant in your business, and trusting him with your business: the first is leaving your business with him, the other is leaving your business to him. he that trusts a servant in his business, leaves his shop only to him; but he that leaves his business to his servant, leaves his wife and children at his disposal--in a word, such a trusting, or leaving the business to the servant, is no less than a giving up all to him, abandoning the care of his shop and all his affairs to him; and when such a servant is out of his time, the master runs a terrible risk, such as, indeed, it is not fit any tradesman should run--namely, of losing the best of his business. what i have been now saying, is of the tradesman leaving his business to his apprentices and servants, when they prove good, when they are honest and diligent, faithful, and industrious; and if there are dangers even in trusting good servants, and such as do their duty perfectly well, what, then, must it be when the business is left to idle, negligent, and extravagant servants, who both neglect their masters' business and their own, who neither learn their trade for themselves, nor regard it for the interest of their masters? if the first are a blessing to their masters, and may only be made dangerous by their carrying away the trade with them when they go, these are made curses to their masters early, for they lose the trade for themselves and their masters too. the first carry the customers away with them, the last drive the customers away before they go. 'what signifies going to such a shop?' say the ladies, either speaking of a mercer or a draper, or any other trade; 'there is nothing to be met with there but a crew of saucy boys, that are always at play when you come in, and can hardly refrain it when you are there: one hardly ever sees a master in the shop, and the young rude boys hardly mind you when you are looking on their goods; they talk to you as if they cared not whether you laid out your money or no, and as if they had rather you were gone, that they might go to play again. i will go there no more, not i.' if this be not the case, then you are in danger of worse still, and that is, that they are often thieves--idle ones are seldom honest ones--nay, they cannot indeed be honest, in a strict sense, if they are idle: but by dishonest, i mean downright thieves; and what is more dangerous than for an apprentice, to whom the whole business, the cash, the books, and all is committed, to be a thief? for a tradesman, therefore, to commit his business thus into the hand of a false, a negligent, and a thievish servant, is like a man that travels a journey, and takes a highwayman into the coach with him: such a man is sure to be robbed, and to be fully and effectually plundered, because he discovers where he hides his treasure. thus the tradesman places his confidence in the thief, and how should he avoid being robbed? it is answered, that, generally tradesmen, who have any considerable trust to put into the hands of an apprentice, take security of them for their honesty by their friends, when their indentures are signed; and it is their fault then, if they are not secure. true, it is often so; but in a retail business, if the servant be unfaithful, there are so many ways to defraud a master, besides that of merely not balancing the cash, that it is impossible to detect them; till the tradesman, declining insensibly by the weight of the loss, is ruined and undone. what need, then, has the tradesman to give a close attendance, and preserve himself from plunder, by acquainting himself in and with his business and servants, by which he makes it very difficult for them to deceive him, and much easier to him to discover it if he suspects them. but if the tradesman lives abroad, keeps at his country-house or lodgings, and leaves his business thus in the hands of his servants, committing his affairs to them, as is often the case; if they prove thieves, negligent, careless, and idle, what is the consequence?--he is insensibly wronged, his substance wasted, his business neglected; and how shall a tradesman thrive under such circumstances? nay, how is it possible he should avoid ruin and destruction?--i mean, as to his business; for, in short, every such servant has his hand in his master's pocket, and may use him as he pleases. again, if they are not thieves, yet if they are idle and negligent, it is, in some cases, the same thing; and i wish it were well recommended to all such servants as call themselves honest, that it is as criminal to neglect their master's business as to rob him; and he is as really a thief who robs him of his time, as he that robs him of his money. i know, as servants are now, this is a principle they will not allow, neither does one servant in fifty act by it; but if the master be absent, the servant is at his heels--that is to say, is as soon out of doors as his master, and having none but his conscience to answer to, he makes shift to compound with himself, like a bankrupt with his creditor, to pay half the debt--that is to say, half the time to his master, and half to himself, and think it good pay too. the point of conscience, indeed, seems to be out of the question now, between master and servant; and as few masters concern themselves with the souls, nay, scarce with the morals of their servants, either to instruct them, or inform them of their duty either to god or man, much less to restrain them by force, or correct them, as was anciently practised, so, few servants concern themselves in a conscientious discharge of their duty to their masters--so that the great law of subordination is destroyed, and the relative duties on both sides are neglected; all which, as i take it, is owing to the exorbitant sums of money which are now given with servants to the masters, as the present or condition of their apprenticeship, which, as it is extravagant in itself, so it gives the servant a kind of a different figure in the family, places him above the ordinary class of servants hired for wages, and exempts him from all the laws of family government, so that a master seems now to have nothing to do with his apprentice, any other than in what relates to his business. and as the servant knows this, so he fails not to take the advantage of it, and to pay no more service than he thinks is due; and the hours of his shop business being run out, he claims all the rest for himself, without the above restraint. nor will the servants, in these times, bear any examinations with respect to the disposing of their waste time, or with respect to the company they keep, or the houses or places they go to. the use i make of it is this, and herein it is justly applicable to the case in hand; by how much the apprentices and servants in this age are loose, wild, and ungovernable, by so much the more should a master think himself obliged not to depend upon them, much less to leave his business to them, and dispense with his own attendance in it. if he does, he must have much better luck then his neighbours, if he does not find himself very much wronged and abused, seeing, as i said above, the servants and apprentices of this age do very rarely act from a principle of conscience in serving their master's interest, which, however, i do not see they can be good christians without. i knew one very considerable tradesman in this city, and who had always five or six servants in his business, apprentices and journeymen, who lodged in his house; and having a little more the spirit of government in him than most masters i now meet with, he took this method with them. when he took apprentices, he told them beforehand the orders of his family, and which he should oblige them to; particularly, that they should none be absent from his business without leave, nor out of the house after nine o'clock at night; and that he would not have it thought hard, if he exacted three things of them:-- . that, if they had been out, he should ask them where they had been, and in what company? and that they should give him a true and direct answer. . that, if he found reason to forbid them keeping company with any particular person, or in any particular house or family, they should be obliged to refrain from such company. . that, in breach of any of those two, after being positively charged with it, he would, on their promising to amend it, forgive them, only acquainting their friends of it; but the second time, he would dismiss them his service, and not be obliged to return any of the money he had with them. and to these he made their parents consent when they were bound; and yet he had large sums of money with them too, not less than £ each, and sometimes more. as to his journeymen, he conditioned with them as follows:-- . they should never dine from home without leave asked and obtained, and telling where, if required. . after the shutting in of the shop, they were at liberty to go where they pleased, only not to be out of the house after nine o'clock at night. . never to be in drink, or to swear, on pain of being immediately dismissed without the courtesy usual with such servants, namely, of a month's warning. these were excellent household laws; but the question is, how shall a master see them punctually obeyed, for the life of all laws depends upon their being well executed; and we are famous in england for being remiss in that very point; and that we have the best laws the worst executed of any nation in the world. but my friend was a man who knew as well how to make his laws be well executed, as he did how to make the laws themselves. his case was thus: he kept a country-house about two miles from london, in the summer-time, for the air of his wife and children, and there he maintained them very comfortably: but it was a rule with him, that he who expects his servants to obey his orders, must be always upon the spot with them to see it done: to this purpose he confined himself to lie always at home, though his family was in the country; and every afternoon he walked out to see them, and to give himself the air too; but always so ordered his diversions, that he was sure to be at home before nine at night, that he might call over his family, and see that they observed orders, that is, that they were all at home at their time, and all sober. as this was, indeed, the only way to have good servants, and an orderly family, so he had both; but it was owing much, if not all, to the exactness of his government; and would all masters take the same method, i doubt not they would have the like success; but what servants can a man expect when he leaves them to their own government, not regarding whether they serve god or the devil? now, though this man had a very regular family, and very good servants, yet he had this particular qualification, too, for a good tradesman, namely, that he never left his business entirely to them, nor could any of them boast that they were trusted to more than another. this is certainly the way to have regular servants and to have business thrive; but this is not practised by one master to a thousand at this time--if it were, we should soon see a change in the families of tradesmen, and that very much for the better: nor, indeed, would this family government be good for the tradesman only, but it would be the servant's advantage too; and such a practice, we may say, would in time reform all the next age, and make them ashamed of us that went before them. if, then, the morals of servants are thus loose and debauched, and that it is a general and epidemic evil, how much less ought tradesmen of this age to trust them, and still less to venture their all upon them, leave their great design, the event of all their business with them, and go into the country in pursuit of their pleasure. the case of tradesmen differs extremely in this age from those in the last, with respect to their apprentices and servants; and the difference is all to the disadvantage of the present age, namely, in the last age, that is to say, fifty or sixty years ago, for it is not less, servants were infinitely more under subjection than they are now, and the subordination of mankind extended effectually to them; they were content to submit to family government; and the just regulations which masters made in their houses were not scorned and contemned, as they are now; family religion also had some sway upon them; and if their masters did keep good orders, and preserve the worship of god in their houses, the apprentices thought themselves obliged to attend at the usual hours for such services; nay, it has been known, where such orders have been observed, that if the master of the family has been sick, or indisposed, or out of town, the eldest apprentice has read prayers to the family in his place. how ridiculous, to speak in the language of the present times, would it be for any master to expect this of a servant in our days! and where is the servant that would comply with it? nay, it is but very rarely now that masters themselves do it; it is rather thought now to be a low step, and beneath the character of a man in business, as if worshipping god were a disgrace, and not an honour, to a family, or to the master of a family; and i doubt not but in a little while more, either the worship of god will be quite banished out of families, or the better sort of tradesmen, and such as have any regard to it, will keep chaplains, as other persons of quality do. it is confessed, the first is most probable, though the last, as i am informed, is already begun in the city, in some houses, where the reader of the parish is allowed a small additional salary to come once a-day, namely, every evening, to read prayers in the house. but i am not talking on this subject; i am not directing myself to citizens or townsmen, as masters of families, but as heads of trade, and masters in their business; the other part would indeed require a whole book by itself, and would insensibly run me into a long satirical discourse upon the loss of all family government among us; in which, indeed, the practice of house-keepers and heads of families is grown not remiss only in all serious things, but even scandalous in their own morals, and in the personal examples they show to their servants, and all about them. but to come back to my subject, namely, that the case of tradesmen differs extremely from what it was formerly: the second head of difference is this; that whereas, in former times, the servants were better and humbler than they are now, submitted more to family government, and to the regulations made by their masters, and masters were more moral, set better examples, and kept better order in their houses, and, by consequence of it, all servants were soberer, and fitter to be trusted, than they are now; yet, on the other hand, notwithstanding all their sobriety, masters did not then so much depend upon them, leave business to them, and commit the management of their affairs so entirely to their servants, as they do now. all that i meet with, which masters have to say to this, is contained in two heads, and these, in my opinion, amount to very little. i. that they have security for their servants' honesty, which in former times they had not. ii. that they receive greater premiums, or present-money, now with their apprentices, than they did formerly. the first of these is of no moment; for, first, it does not appear that apprentices in those former days gave no security to their masters for their integrity, which, though perhaps not so generally as now, yet i have good reason to know was then practised among tradesmen of note, and is not now among inferior tradesmen: but, secondly, this security extends to nothing, but to make the master satisfaction for any misapplications or embezzlements which are discovered, and can be proved, but extend to no secret concealed mischiefs: neither, thirdly, do those securities reach to the negligence, idleness, or debaucheries of servants; but, which is still more than all the rest, they do not reach to the worst of robbery between the servant and his master, i mean the loss of his time; so that still there is as much reason for the master's inspection, both into his servants and their business, as ever. but least of all does this security reach to make the master any satisfaction for the loss of his business, the ill management of his shop, the disreputation brought upon it by being committed to servants, and those servants behaving ill, slighting, neglecting, or disobliging customers; this does not relate to securities given or taken, nor can the master make himself any amends upon his servant, or upon his securities, for this irrecoverable damage. he, therefore, that will keep up the reputation of his shop, or of his business, and preserve his trade to his own advantage, must resolve to attend it himself, and not leave it to servants, whether good or bad; if he leaves it to good servants, they improve it for themselves, and carry the trade away with them when they go; if to bad servants, they drive his customers away, bring a scandal upon his shop, and destroy both their master and themselves. secondly, as to the receiving great premiums with their apprentices, which, indeed, is grown up to a strange height in this age, beyond whatever it was before, it is an unaccountable excess, which is the ruin of more servants at this time than all the other excesses they are subject to, nay, in some respect it is the cause of it all; and, on the contrary, is far from being an equivalent to their masters for the defect of their service, but is an unanswerable reason why the master should not leave his business to their management. this premium was originally not a condition of indenture, but was a kind of usual or customary present to the tradesman's wife to engage her to be kind to the youth, and take a motherly care of him, being supposed to be young when first put out. by length of time this compliment or present became so customary as to be made a debt, and to be conditioned for as a demand, but still was kept within bounds, and thirty or forty pounds was sufficient to a very good merchant, which now is run up to five hundred, nay, to a thousand pounds with an apprentice; a thing which formerly would have been thought monstrous, and not to be named. the ill consequences of giving these large premiums are such and so many, that it is not to be entered upon in such a small tract as this; nor is it the design of this work: but it is thus far to the purpose here--namely, as it shows that this sets up servants into a class of gentlemen above their masters, and above their business; and they neither have a sufficient regard to one or other, and consequently are the less fit to be trusted by the master in the essential parts of his business; and this brings it down to the case in hand. upon the whole, the present state of things between masters and servants is such, that now more than ever the caution is needful and just, that he that leaves his business to the management of his servants, it is ten to one but he ruins his business and his servants too. ruining his business is, indeed, my present subject; but ruining his servants also is a consideration that an honest, conscientious master ought to think is of weight with him, and will concern himself about. servants out of government are like soldiers without an officer, fit for nothing but to rob and plunder; without order, and without orders, they neither know what to do, or are directed how to do it. besides, it is letting loose his apprentices to levity and liberty in that particular critical time of life, when they have the most need of government and restraint. when should laws and limits be useful to mankind but in their youth, when unlimited liberty is most fatal to them, and when they are least capable of governing themselves? to have youth left without government, is leaving fire in a magazine of powder, which will certainly blow it all up at last, and ruin all the houses that are near it. if there is any duty on the side of a master to his servant, any obligation on him as a christian, and as a trustee for his parents, it lies here--to limit and restrain them, if possible, in the liberty of doing evil; and this is certainly a debt due to the trust reposed in masters by the parents of the youth committed to them. if he is let loose here, he is undone, of course, and it may be said, indeed, he was ruined by his master; and if the master is afterwards ruined by such a servant, what can be said for it but this? he could expect no other. to leave a youth without government is indeed unworthy of any honest master; he cannot discharge himself as a master; for instead of taking care of him he indeed casts him off, abandons him, and, to put it into scripture words, he leads him into temptation: nay, he goes farther, to use another scripture expression: he delivers him over to satan. it is confessed--and it is fatal both to masters and servants at this time--that not only servants are made haughty, and above the government of their masters, and think it below them to submit to any family government, or any restraints of their masters, as to their morals and religion; but masters also seem to have given up all family government, and all care or concern for the morals and manners, as well as for the religion of their servants, thinking themselves under no obligation to meddle with those things, or to think any thing about them, so that their business be but done, and their shop or warehouse duly looked after. but to bring it all home to the point in hand, if it is so with the master and servant, there is the less room still for the master of such servants to leave any considerable trust in the hands of such apprentices, or to expect much from them, to leave the weight of their affairs with them, and, living at their country lodgings, and taking their own diversions, depend upon such servants for the success of their business. this is indeed abandoning their business, throwing it away, and committing themselves, families, and fortunes, to the conduct of those, who, they have all the reason in the world to believe, have no concern upon them for their good, or care one farthing what becomes of them. chapter xiii of tradesmen making composition with debtors, or with creditors there is an alternative in the subject of this chapter, which places the discourse in the two extremes of a tradesman's fortunes. i. the _fortunate tradesman_, called upon by his poor unfortunate neighbour, who is his debtor, and is become insolvent, to have compassion on him, and to compound with him for part of his debt, and accept his offer in discharge of the whole. ii. the _unfortunate tradesman_ become insolvent and bankrupt himself, and applying himself to his creditor to accept of a composition, in discharge of his debt. i must confess, a tradesman, let his circumstances be what they will, has the most reason to consider the disasters of the unfortunate, and be compassionate to them under their pressures and disasters, of any other men; because they know not--no, not the most prosperous of them--what may be their own fate in the world. there is a scripture proverb, if i may call it so, very necessary to a tradesman in this case, 'let him that thinketh he standeth, take heed lest he fall.' n.b. it is not said, let him that standeth take heed, but him _that thinketh_ he standeth. men in trade can but think they stand; and there are so many incidents in a tradesman's circumstances, that sometimes when he thinks himself most secure of standing, he is in most danger of falling. if, then, the contingent nature of trade renders every man liable to disaster that is engaged in it, it seems strange that tradesmen should be outrageous and unmerciful to one another when they fall; and yet so it is, that no creditor is so furious upon an unhappy insolvent tradesman, as a brother-tradesman of his own class, and who is at least liable to the same disaster, in the common event of his business. nay, i have lived to see--such is the uncertainty of human affairs, and especially in trade--the furious and outrageous creditor become bankrupt himself in a few years, or perhaps months after, and begging the same mercy of others, which he but just before denied to his not more unfortunate fellow-tradesman, and making the same exclamations at the cruelty and hard-heartedness of his creditors in refusing to comply with him, when, at the same time, his own heart must reproach him with his former conduct; how inexorable he was to all the entreaties and tears of his miserable neighbour and his distressed family, who begged his compassion with the lowest submission, who employed friends to solicit and entreat for them, laying forth their misery in the most lively expressions, and using all the arguments which the most moving distress could dictate, but in vain. the tradesman is certainly wrong in this, as compassion to the miserable is a debt of charity due from all mankind to their fellow-creatures; and though the purse-proud tradesman may be able to say he is above the fear of being in the like circumstances, as some may be, yet, even then, he might reflect that perhaps there was a time when he was not so, and he ought to pay that debt of charity, in acknowledgement of the mercy that has set him above the danger. and yet, speaking in the ordinary language of men who are subject to vicissitudes of fortune, where is the man that is sure he shall meet with no shock? and how have we seen men, who have to-day been immensely rich, be to-morrow, as it were, reduced to nothing! what examples were made in this city of such precipitations within the memory of some living, when the exchequer shutting up ruined the great bankers of lombard street.[ ] to what fell sir robert viner--the great alderman backwell--the three brothers of the name of forth, of whom king charles ii. made that severe pun, that '_three-fourths_ of the city were broke?' to what have we seen men of prodigious bulk in trade reduced--as sir thomas cook, sir basil firebrass, sheppard, coggs, and innumerable bankers, money-scriveners, and merchants, who thought themselves as secure against the shocks of trade, as any men in the world could be? not to instance our late south sea directors, and others, reduced by the terrible fate of bubbles, whose names i omit because they yet live, though sinking still under the oppression of their fortunes, and whose weight i would be far from endeavouring to make heavier. why, then, should any tradesman, presuming on his own security, and of his being out of the reach of disaster, harden his heart against the miseries and distresses of a fellow-tradesman, who sinks, as it were, by his side, and refuse to accept his offer of composition; at least, if he cannot object against the integrity of his representations, and cannot charge him with fraud and deceit, breaking with a wicked design to cheat and delude his creditors, and to get money by a pretended breach? i say, why should any tradesman harden his heart in such a case, and not, with a generous pity, comply with a reasonable and fair proposal, while it is to be had? i do acknowledge, if there is an evident fraud, if he can detect the bankrupt in any wicked design, if he can prove he has effects sufficient to pay his debts, and that he only breaks with a purpose to cheat his creditors, and he conceals a part of his estate, when he seems to offer a sincere surrender; if this be the case, and it can be made appear to be so--for in such a case, too, we ought to be very sure of the fact--then, indeed, no favour is due, and really none ought to be shown. and, therefore, it was a very righteous clause which was inflicted on the fraudulent bankrupt, in a late act of parliament, namely, that in case he concealed his effects, and that it appeared he had, though upon his oath, not given in a full account of his estate, but willingly and knowingly concealed it, or any part of it, with design to defraud his creditors, he should be put to death as a felon: the reason and justice of which clause was this, and it was given as the reason of it when the act was passed in the house of commons, namely, that the act was made for the relief of the debtor, as well as of the creditor, and to procure for him a deliverance on a surrender of his effects; but then it was made also for the relief of the creditor, too, that he might have as much of his debt secured to him as possible, and that he should not discharge the debtor with his estate in his pocket, suffering him to run away with his (the creditor's) money before his face. also it was objected, that the act, without a penalty, would be only an act to encourage perjury, and would deliver the hard-mouthed knave that could swear what he pleased, and ruin and reject the modest conscientious tradesman, that was willing and ready to give up the utmost farthing to his creditors. on this account the clause was accepted, and the act passed, which otherwise had been thrown out. now, when the poor insolvent has thus surrendered his all, stript himself entirely upon oath, and that oath taken on the penalty of death if it be false, there seems to be a kind of justice due to the bankrupt. he has satisfied the law, and ought to have his liberty given him _as a prey_, as the text calls it, jer. xxxix. ., that he may try the world once again, and see, if possible, to recover his disasters, and get his bread; and it is to be spoken in honour of the justice as well as humanity of that law for delivering bankrupts, that there are more tradesmen recover themselves in this age upon their second endeavours, and by setting up again after they have thus failed and been delivered, than ever were known to do so in ten times the number of years before. to break, or turn bankrupt, before this, was like a man being taken by the turks; he seldom recovered liberty to try his fortune again, but frequently languished under the tyranny of the commissioners of bankrupt, or in the mint, or friars, or rules of the fleet, till he wasted the whole estate, and at length his life, and so his debts were all paid at once. nor was the case of the creditor much better--i mean as far as respected his debt, for it was very seldom that any considerable dividend was made; on the other hand, large contributions were called for before people knew whether it was likely any thing would be made of the debtor's effects or no, and oftentimes the creditor lost his whole debt, contribution-money and all; so that while the debtor was kept on the rack, as above, being held in suspense by the creditors, or by the commissioners, or both, he spent the creditor's effects, and subsisted at their expense, till, the estate being wasted, the loss fell heavy on every side, and generally most on those who were least able to bear it. by the present state of things, this evil is indeed altered, and the ruin of the creditor's effects is better prevented; the bankrupt can no more skulk behind the door of the mint and rules, and prevent the commissioners' inspection; he must come forth, be examined, give in an account, and surrender himself and effects too, or fly his country, and be seen here no more; and if he does come in, he must give a full account upon oath, on the penalty of his neck. when the effects are thus surrendered, the commissioners' proceedings are short and summary. the assignees are obliged to make dividends, and not detain the estate in their own hands, as was the case in former days, till sometimes they became bankrupts themselves, so that the creditors are sure now what is put into the hands of the assignees, shall in due time, and without the usual delay, be fairly divided. on the other hand, the poor debtor having honestly discharged his part, and no objection lying against the sincerity of the discovery, has a certificate granted him, which being allowed by the lord chancellor, he is a clear man, and may begin the world again, as i have said above. the creditor, being thus satisfied that the debtor has been faithful, does not answer the end of the act of parliament, if he declines to assent to the debtor's certificate; nor can any creditor decline it, but on principles which no man cares to own--namely, that of malice, and the highest resentment, which are things a christian tradesman will not easily act upon. but i come now to the other part of the case; and this is supposing a debtor fails, and the creditors do not think fit to take out a commission of bankrupt against him, as sometimes is the case, at least, where they see the offers of the debtor are any thing reasonable: my advice in such case is (and i speak it from long experience in such things), that they should always accept the first reasonable proposal of the debtor; and i am not in this talking on the foot of charity and mercy to the debtor, but of the real and undoubted interest of the creditor; nor could i urge it, by such arguments as i shall bring, upon any other foundation; for, if i speak in behalf of the debtor, i must argue commiseration to the miserable, compassion and pity of his family, and a reflection upon the sad changes which human life exposes us all to, and so persuade the creditor to have pity upon not him only, but upon all families in distress. but, i say, i argue now upon a different foundation, and insist that it is the creditor's true interest, as i hinted before, that if he finds the debtor inclined to be honest, and he sees reason to believe he makes the best offer he can, he should accept the first offer, as being generally the best the debtor can make;[ ] and, indeed, if the debtor be wise as well as honest, he will make it so, and generally it is found to be so. and there are, indeed, many reasons why the first offers of the debtor are generally the best, and why no commission of bankrupt ordinarily raises so much, notwithstanding all its severities, as the bankrupt offers before it is sued out--not reckoning the time and expense which, notwithstanding all the new methods, attend such things, and are inevitable. for example-- when the debtor, first looking into his affairs, sees the necessity coming upon him of making a stop in trade, and calling his creditors together, the first thought which by the consequence of the thing comes to be considered, is, what offers he can make to them to avoid the having a commission sued out against him, and to which end common prudence, as well as honest principles, move him to make the best offers he can. if he be a man of sense, and, according to what i mentioned in another chapter, has prudently come to a stop in time, before things are run to extremities, and while he has something left to make an offer of that may be considerable, he will seldom meet with creditors so weak or so blind to their own interest not to be willing to end it amicably, rather than to proceed to a commission. and as this is certainly best both for the debtor and the creditor, so, as i argued with the debtor, that he should be wise enough, as well as honest enough, to break betimes, and that it was infinitely best for his own interest, so i must add, on the other hand, to the creditor, that it is always his interest to accept the first offer; and i never knew a commission make more of an estate, where the debtor has been honest, than he (the debtor) proposed to give them without it. it is true, there are cases where the issuing out a commission may be absolutely necessary. for example-- . where the debtor is evidently knavish, and discovers himself to be so, by endeavours to carry off his effects, or alter the property of the estate, confessing judgments, or any the usual ways of fraud, which in such cases are ordinarily practised. or-- . where some creditors, by such judgments, or by attachments of debts, goods delivered, effects made over, or any other way, have gotten some of the estate into their hands, or securities belonging to it, whereby they are in a better state, as to payment, than the rest. or-- . where some people are brought in as creditors, whose debts there is reason to believe are not real, but who place themselves in the room of creditors, in order to receive a dividend for the use of the bankrupt, or some of his family. in these, and such like cases, a commission is inevitable, and must be taken out; nor does the man merit to be regarded upon the foot of what i call compassion and commiseration at all, but ought to be treated like a _rapparee_,[ ] or plunderer, who breaks with a design to make himself whole by the composition; and as many did formerly, who were beggars when they broke, be made rich by the breach. it was to provide against such harpies as these that the act of parliament was made; and the only remedy against them is a commission, in which the best thing they can do for their creditors is to come in and be examined, give in a false account upon oath, be discovered, convicted of it, and sent to the gallows, as they deserve. but i am speaking of honest men, the reverse of such thieves as these, who being brought into distress by the ordinary calamities of trade, are willing to do the utmost to satisfy their creditors. when such as these break in the tradesman's debt, let him consider seriously my advice, and he shall find--i might say, he shall _always_ find, but i do affirm, he shall _generally_ find--the first offer the best, and that he will never lose by accepting it. to refuse it is but pushing the debtor to extremities, and running out some of the effects to secure the rest. first, as to collecting in the debts. supposing the man is honest, and they can trust him, it is evident no man can make so much of them as the bankrupt. ( .) he knows the circumstances of the debtors, and how best to manage them; he knows who he may best push at, and who best forbear. ( .) he can do it with the least charge; the commissioners or assignees must employ other people, such as attorneys, solicitors, &c., and they are paid dear. the bankrupt sits at home, and by letters into the country, or by visiting them, if in town, can make up every account, answer every objection, judge of every scruple, and, in a word, with ease, compared to what others must do, brings them to comply. next, as to selling off a stock of goods. the bankrupt keeps open the shop, disperses or disposes of the goods with advantage; whereas the commission brings all to a sale, or an outcry, or an appraisement, and all sinks the value of the stock; so that the bankrupt can certainly make more of the stock than any other person (always provided he is honest, as i said before), and much more than the creditors can do. for these reasons, and many others, the bankrupt is able to make a better offer upon his estate than the creditors can expect to raise any other way; and therefore it is their interest always to take the first offer, if they are satisfied there is no fraud in it, and that the man has offered any thing near the extent of what he has left in the world to offer from. if, then, it be the tradesman's interest to accept of the offer made, there needs no stronger argument to be used with him for the doing it; and nothing is more surprising to me than to see tradesmen, the hardest to come into such compositions, and to push on severities against other tradesmen, as if they were out of the reach of the shocks of fortune themselves, or that it was impossible for them ever to stand in need of the same mercy--the contrary to which i have often seen. to what purpose should tradesmen push things to extremities against tradesmen, if nothing is to be gotten by it, and if the insolvent tradesman will take proper measures to convince the creditor that his intentions are honest? the law was made for offenders; there needs no law for innocent men: commissions are granted to manage knaves, and hamper and entangle cunning and designing rogues, who seek to raise fortunes out of their creditors' estates, and exalt themselves by their own downfall; they are not designed against honest men, neither, indeed, is there any need of them for such. let no man mistake this part, therefore, and think that i am moving tradesmen to be easy and compassionate to rogues and cheats: i am far from it, and have given sufficient testimony of the contrary; having, i assure you, been the only person who actually formed, drew up, and first proposed that very cause to the house of commons, which made it felony to the bankrupt to give in a false account. it cannot, therefore, be suggested, without manifest injustice, that i would with one breath prompt creditors to be easy to rogues, and to cheating fraudulent bankrupts, and with another make a proposal to have them hanged. but i move the creditor, on account of his own interest, always to take the first offer, if he sees no palpable fraud in it, or sees no reason to suspect such fraud; and my reason is good, namely, because i believe, as i said before, it is generally the best. i know there is a new method of putting an end to a tradesman's troubles, by that which was formerly thought the greatest of all troubles; i mean a fraudulent method, or what they call taking out friendly statutes; that is, when tradesmen get statutes taken out against themselves, moved first by some person in kindness to them, and done at the request of the bankrupt himself. this is generally done when the circumstances of the debtor are very low, and he has little or nothing to surrender; and the end is, that the creditors may be obliged to take what there is, and the man may get a full discharge. this is, indeed, a vile corruption of a good law, and turning the edge of the act against the creditor, not against the debtor; and as he has nothing to surrender, they get little or nothing, and the man is as effectually discharged as if he had paid twenty shillings in the pound; and so he is in a condition to set up again, take fresh credit, break again, and have another commission against him; and so round, as often as he thinks fit. this, indeed, is a fraud upon the act, and shows that all human wisdom is imperfect, that the law wants some repairs, and that it will in time come into consideration again, to be made capable of disappointing the people that intend to make such use of it. i think there is also wanting a law against twice breaking, and that all second commissions should have some penalty upon the bankrupt, and a third a farther penalty, and if the fourth brought the man to the gallows, it could not be thought hard; for he that has set up and broke, and set up again, and broke again, and the like, a third time, i think merits to be hanged, if he pretends to venture any more. most of those crimes against which any laws are published in particular, and which are not capital, have generally an addition of punishment upon a repetition of the crime, and so on--a further punishment to a further repetition. i do not see why it should not be so here; and i doubt not but it would have a good effect upon tradesmen, to make them cautious, and to warn them to avoid such scandalous doings as we see daily practised, breaking three or four, or five times over; and we see instances of some such while i am writing this very chapter. to such, therefore, i am so far from moving for any favour, either from the law, or from their creditors, that i think the only deficiency of the law at this time is, that it does not reach to inflict a corporal punishment in such a case, but leaves such insolvents to fare well, in common with those whose disasters are greater, and who, being honest and conscientious, merit more favour, but do not often find it. footnotes: [ ] [this event took place in , charles ii. finding it necessary to suspend the national payments for a year.] [ ] [the truth of this continues to be matter of daily observation in our own times.] [ ] [a name applied, in the seventeenth century, to a certain class of robbers in ireland.] chapter xiv of the unfortunate tradesman compounding with his creditors this is what in the last chapter i called an alternative to that of the fortunate tradesman yielding to accept the composition of his insolvent debtor. the poor unhappy tradesman, having long laboured in the fire, and finding it is in vain to struggle, but that whether he strives or not strives, he must break; that he does but go backward more and more, and that the longer he holds out, he shall have the less to offer, and be the harder thought of, as well as the harder dealt with--resolves to call his creditors together in time, while there is something considerable to offer them, and while he may have some just account to give of himself, and of his conduct, and that he may not be reproached with having lived on the spoil, and consumed their estates; and thus, being satisfied that the longer he puts the evil day from him, the heavier it will fall when it comes; i say, he resolves to go no farther, and so gets a friend to discourse with and prepare them, and then draws up a state of his case to lay before them. first, he assures them that he has not wasted his estate, either by vice and immorality, or by expensive and riotous living, luxury, extravagance, and the like. secondly, he makes it appear that he has met with great losses, such as he could not avoid; and yet such and so many, that he has not been able to support the weight of them. thirdly, that he could have stood it out longer, but that he was sensible if he did, he should but diminish the stock, which, considering his debts, was properly not his own; and that he was resolved not to spend one part of their debts, as he had lost the other. fourthly, that he is willing to show them his books, and give up every farthing into their hands, that they might see he acted the part of an honest man to them. and, fifthly, that upon his doing so, they will find, that there is in goods and good debts sufficient to pay them fifteen shillings in the pound; after which, and when he has made appear that they have a faithful and just account of every thing laid before them, he hopes they will give him his liberty, that he may try to get his bread, and to maintain his family in the best manner he can; and, if possible, to pay the remainder of the debt. you see i go all the way upon the suggestion of the poor unfortunate tradesman being critically honest, and showing himself so to the full satisfaction of his creditors; that he shows them distinctly a true state of his case, and offers his books and vouchers to confirm every part of his account. upon the suggestion of his being thus sincerely honest, and allowing that the state of his account comes out so well as to pay fifteen shillings in the pound, what and who but a parcel of outrageous hot-headed men would reject such a man? what would they be called, nay, what would they say of themselves, if they should reject such a composition, and should go and take out a commission of bankrupt against such a man? i never knew but one of the like circumstances, that was refused by his creditors; and that one held them out, till they were all glad to accept of half what they said should be first paid them: so may all those be served, who reject such wholesome advice, and the season for accepting a good offer, when it was made them. but i return to the debtor. when he looks into his books, he finds himself declined, his own fortune lost, and his creditors' stock in his hands wasted in part, and still wasting, his trade being for want of stock much fallen off, and his family expense and house-rent great; so he draws up the general articles thus:-- stock debtor to cash of my father (being my stock) to begin with in trade £ to cash of my father-in-law, being my wife's portion to household-goods, plate, &c. of both to profits in trade for ten years, as by the yearly balance in the journal appears to debts abroad esteemed good, as by the ledger appears to goods in the warehouse at the prime cost plate and some small jewels of my wife's left, and old household-goods altogether ------------ £ estate deficient to balance ------------ £ stock creditor by losses by bad debts in trade, in the year £ by do. by do. by do. by do. by do. by the south sea stock, by do. in trade, by do. by do. by do. by house-keeping and expenses, taxes included, as by the cash-book appears, for ten years by house-rents at £ per annum by credits now owing to sundry persons, as by the ledger appears ---------------- £ ================ this account is drawn out to satisfy himself how his condition stands, and what it is he ought to do: upon the stating which account he sees to his affliction that he has sunk all his own fortune and his wife's, and is a thousand pounds worse than nothing in the world; and that, being obliged to live in the same house for the sake of his business and warehouse, though the rent is too great for him, his trade being declined, his credit sunk, and his family being large, he sees evidently he cannot go on, and that it will only be bringing things from bad to worse; and, above all the rest, being greatly perplexed in his mind that he is spending other people's estates, and that the bread he eats is not his own, he resolves to call his creditors all together, lay before them the true state of his case, and lie at their mercy for the rest. the account of his present and past fortune standing as it did, and as appears above, the result is as follows, namely, that he has not sufficient to pay all his creditors, though his debts should prove to be all good, and the goods in his warehouse should be fully worth the price they cost, which, being liable to daily contingencies, add to the reasons which pressed him before to make an offer of surrender to his creditors both of his goods and debts, and to give up all into their hands. the state of his case, as to his debts and credits, stands as follows:-- his debts esteemed good, as by the ledger, are £ his goods in the warehouse --------------- £ his creditors demands, as by the same ledger appears, are £ this amounts to fifteen shillings in the pound upon all his debts, which, if the creditors please to appoint an assignee or trustee to sell the goods, and collect the debts, he is willing to surrender wholly into their hands, hoping they will, as a favour, give him his household goods, as in the account, for his family use, and his liberty, that he may seek out for some employment to get his bread. the account being thus clear, the books exactly agreeing, and the man appearing to have acted openly and fairly, the creditors meet, and, after a few consultations, agree to accept his proposals, and the man is a free man immediately, gets fresh credit, opens his shop again, and, doubling his vigilance and application in business, he recovers in a few years, grows rich; then, like an honest man still, he calls all his creditors together again, tells them he does not call them now to a second composition, but to tell them, that having, with god's blessing and his own industry, gotten enough to enable him, he was resolved to pay them the remainder of his old debt; and accordingly does so, to the great joy of his creditors, to his own very great honour, and to the encouragement of all honest men to take the same measures. it is true, this does not often happen, but there have been instances of it, and i could name several within my own knowledge. but here comes an objection in the way, as follows: it is true this man did very honestly, and his creditors had a great deal of reason to be satisfied with his just dealing with them; but is every man bound thus to strip himself naked? perhaps this man at the same time had a family to maintain, and had he no debt of justice to them, but to beg his household goods back of them for his poor family, and that as an alms?-and would he not have fared as well, if he had offered his creditors ten shillings in the pound, and took all the rest upon himself, and then he had reserved to himself sufficient to have supported himself in any new undertaking? the answer to this is short and plain, and no debtor can be at a loss to know his way in it, for otherwise people may make difficulties where there are none; the observing the strict rules of justice and honesty will chalk out his way for him. the man being deficient in stock, and his estate run out to a thousand pounds worse than nothing by his losses, &c, it is evident all he has left is the proper estate of his creditors, and he has no right to one shilling of it; he owes it them, it is a just debt to them, and he ought to discharge it fairly, by giving up all into their hands, or at least to offer to do so. but to put the case upon a new foot; as he is obliged to make an offer, as above, to put all his effects, books, and goods into their power, so he may add an alternative to them thus, namely--that if, on the other hand, they do not think proper to take the trouble, or run the risk, of collecting the debts, and selling the goods, which may be difficult, if they will leave it to him to do it, he will undertake to pay them--shillings in the pound, and stand to the hazard both of debts and goods. having thus offered the creditors their choice, if they accept the proposal of a certain sum, as sometimes i know they have chosen to do, rather than to have the trouble of making assignees, and run the hazard of the debts, when put into lawyers' hands to collect, and of the goods, to sell them by appraisement; if, i say, they choose this, and offer to discharge the debtor upon payment, suppose it be of ten or twelve shillings in the pound in money, within a certain time, or on giving security for the payment; then, indeed, the debtor is discharged in conscience, and may lawfully and honestly take the remainder as a gift given him by his creditors for undertaking their business, or securing the remainder of their debt to them--i say, the debtor may do this with the utmost satisfaction to his conscience. but without thus putting it into the creditors' choice, it is a force upon them to offer them any thing less than the utmost farthing that he is able to pay; and particularly to pretend to make an offer as if it were his utmost, and, as is usual, make protestations that it is the most he is able to pay (indeed, every offer of a composition is a kind of protestation that the debtor is not able to pay any more)--i say, to offer thus, and declare he offers as much as possible, and as much as the effects he has left will produce, if his effects are able to produce more, he is then a cheat; for he acts then like one that stands at bay with his creditors, make an offer, and if the creditors do not think fit to accept of it, they must take what methods they think they can take to get more; that is to say, he bids open defiance to their statutes and commissions of bankrupt, and any other proceedings: like a town besieged, which offers to capitulate and to yield upon such and such articles; which implies, that if those articles are not accepted, the garrison will defend themselves to the last extremity, and do all the mischief to the assailants that they can. now, this in a garrison-town, i say, may be lawful and fair, but in a debtor to his creditor it is quite another thing: for, as i have said above, the debtor has no property in the effects which he has in his hands; they are the goods and the estate of the creditor; and to hold out against the creditor, keep his estate by violence, and make him accept of a small part of it, when the debtor has a larger part in his power, and is able to give it--this is not fair, much less is it honest and conscientious; but it is still worse to do this, and at the same time to declare that it is the utmost the debtor can do; this, i say, is still more dishonest, because it is not true, and is adding falsehood to the other injustice. thus, i think, i have stated the case clearly, for the conduct of the debtor; and, indeed, this way of laying all before the creditors, and putting it into their choice, seems a very happy method for the comfort of the debtor, cast down and dejected with the weight of his circumstances; and, it may be, with the reproaches of his own conscience too, that he has not done honestly in running out the effects of his creditors, and making other families suffer by him, and perhaps poor families too--i say, this way of giving up all with an honest and single desire to make all the satisfaction he is able to his creditors, greatly heals the breach in his peace, which his circumstances had made before; for, by now doing all that is in his power, he makes all possible amends for what is past, i mean as to men; and they are induced, by this open, frank usage, to give him the reward of his honesty, and freely forgive him the rest of the debt. there is a manifest difference to the debtor, in point of conscience, between surrendering his whole effects, or estate, to his creditors for satisfaction of their debts, and offering them a composition, unless, as i have said, the composition is offered, as above, to the choice of the creditor. by surrendering the whole estate, the debtor acknowledges the creditors' right to all he has in his possession, and gives it up to them as their own, putting it in their full power to dispose of it as they please. but, by a composition, the debtor, as i have said above, stands at bay with the creditors, and, keeping their estates in his hands, capitulates with them, as it were, sword in hand, telling them he can give them no more, when perhaps, and too often it is the case, it is apparent that he is in condition to offer more. now, let the creditors consent to these proposals, be what it will; and, however voluntary it may be pretended to be, it is evident that a force is the occasion of it, and the creditor complies, and accepts the proposal, upon the supposition that no better conditions can be had. it is the plain language of the thing, for no man accepts of less than he thinks he can get: if he believed he could have more, he would certainly get it if he could. and if the debtor is able to pay one shilling more than he offers, it is a cheat, a palpable fraud, and of so much he actually robs his creditor. but in a surrender the case is altered in all its parts; the debtor says to his creditors, 'gentlemen, there is a full and faithful account of all i have left; it is your own, and there it is; i am ready to put it into your hands, or into the hands of whomsoever you shall appoint to receive it, and to lie at your mercy.' this is all the man is able to do, and therefore is so far honest; whether the methods that reduced him were honest or no, that is a question by itself. if on this surrender he finds the creditors desirous rather to have it digested into a composition, and that they will voluntarily come into such a proposal, then, as above, they being judges of the equity of the composition, and of what ability the debtor is to perform it, and, above all, of what he may or may not gain by it, if they accept of such a composition, instead of the surrender of his effects, then the case alters entirely, and the debtor is acquitted in conscience, because the creditor had a fair choice, and the composition is rather their proposal to the debtor, than the debtor's proposal to them. thus, i think, i have stated the case of justice and conscience on the debtor's behalf, and cleared up his way, in case of a necessity, to stop trading, that he may break without wounding his conscience, as well as his fortunes; and he that thinks fit to act thus, will come off with the reputation of an honest man, and will have the favour of his creditors to begin again, with whatever he may have as to stock; and sometimes that favour is better to him than a stock, and has been the raising of many a broken tradesman, so that his latter end has been better than his beginning. chapter xv of tradesmen ruining one another by rumour and clamour, by scandal and reproach i have dwelt long upon the tradesman's management of himself, in order to his due preserving both his business and his reputation: let me bestow one chapter upon the tradesman for his conduct among his neighbours and fellow-tradesmen. credit is so much a tradesman's blessing that it is the choicest ware he deals in, and he cannot be too chary of it when he has it, or buy it too dear when he wants it; it is a stock to his warehouse, it is current money in his cash-chest, it accepts all his bills, for it is on the fund of his credit that he has any bills to accept; demands would else be made upon the spot, and he must pay for his goods before he has them--therefore, i say, it accepts all his bills, and oftentimes pays them too; in a word, it is the life and soul of his trade, and it requires his utmost vigilance to preserve it. if, then, his own credit should be of so much value to him, and he should be so nice in his concern about it, he ought in some degree to have the same care of his neighbour's. religion teaches us not to slander and defame our neighbour, that is to say, not to raise or promote any slander or scandal upon his good name. as a good name is to another man, and which the wise man says, 'is better than life,' the same is credit to a tradesman--it is the life of his trade; and he that wounds a tradesman's credit without cause, is as much a murderer in trade, as he that kills a man in the dark is a murderer in matters of blood. besides, there is a particular nicety in the credit of a tradesman, which does not reach in other cases: a man is slandered in his character, or reputation, and it is injurious; and if it comes in the way of a marriage, or of a preferment, or post, it may disappoint and ruin him; but if this happens to a tradesman, he is immediately and unavoidably blasted and undone; a tradesman has but two sorts of enemies to encounter with, namely, thieves breaking open his shop, and ill neighbours blackening and blasting his reputation; and the latter are the worst thieves of the two, by a great deal; and, therefore, people should indeed be more chary of their discourse of tradesmen, than of other men, and that as they would not be guilty of murder. i knew an author of a book, who was drawn in unwarily, and without design, to publish a scandalous story of a tradesman in london. he (the author) was imposed upon by a set of men, who did it maliciously, and he was utterly ignorant of the wicked design; nor did he know the person, but rashly published the thing, being himself too fond of a piece of news, which he thought would be grateful to his readers; nor yet did he publish the person's name, so cautious he was, though that was not enough, as it proved, for the person was presently published by those who had maliciously done it. the scandal spread; the tradesman, a flourishing man, and a considerable dealer, was run upon by it with a torrent of malice; a match which he was about with a considerable fortune was blasted and prevented, and that indeed was the malicious end of the people that did it; nor did it stop there--it brought his creditors upon him, it ruined him, it brought out a commission of bankrupt against him, it broke his heart, and killed him; and after his death, his debts and effects coming in, there appeared to be seven shillings in the pound estate, clear and good over and above all demands, all his debts discharged, and all the expenses of the statute paid. it was to no purpose that the man purged himself of the crime laid to his charge--that the author, who had ignorantly and rashly published the scandal, declared himself ignorant; the man was run down by a torrent of reproach; scandal oppressed him; he was buried alive in the noise and dust raised both against his morals and his credit, and yet his character was proved good, and his bottom in trade was so too, as i have said above. it is not the least reason of my publishing this to add, that even the person who was ignorantly made the instrument of publishing the scandal, was not able to retrieve it, or to prevent the man's ruin by all the public reparation he could make in print, and by all the acknowledgement he could make of his having been ignorantly drawn in to do it. and this i mention for the honest tradesman's caution, and to put him in mind, that when he has unwarily let slip anything to the wounding the reputation of his neighbour tradesman, whether in his trading credit, or the credit of his morals, it may not be in his power to unsay it again, that is, so as to prevent the ruin of the person; and though it may grieve him as long as he lives, as the like did the author i mention, yet it is not in his power to recall it, or to heal the wound he has given; and that he should consider very well of beforehand. a tradesman's credit and a virgin's virtue ought to be equally sacred from the tongues of men; and it is a very unhappy truth, that as times now go, they are neither of them regarded among us as they ought to be. the tea-table among the ladies, and the coffee-house among the men, seem to be places of new invention for a depravation of our manners and morals, places devoted to scandal, and where the characters of all kinds of persons and professions are handled in the most merciless manner, where reproach triumphs, and we seem to give ourselves a loose to fall upon one another in the most unchristian and unfriendly manner in the world. it seems a little hard that the reputation of a young lady, or of a new-married couple, or of people in the most critical season of establishing the characters of their persons and families, should lie at the mercy of the tea-table; nor is it less hard, that the credit of a tradesman, which is the same thing in its nature as the virtue of a lady, should be tossed about, shuttle-cock-like, from one table to another, in the coffee-house, till they shall talk all his creditors about his ears, and bring him to the very misfortune which they reported him to be near, when at the same time he owed them nothing who raised the clamour, and owed nothing to all the world, but what he was able to pay. and yet how many tradesmen have been thus undone, and how many more have been put to the full trial of their strength in trade, and have stood by the mere force of their good circumstances; whereas, had they been unfurnished with cash to have answered their whole debts, they must have fallen with the rest. we need go no farther than lombard street for an exemplification of this truth. there was a time when lombard street was the only bank, and the goldsmiths there were all called bankers. the credit of their business was such, that the like has not been seen in england since, in private hands: some of those bankers, as i have had from their own mouths, have had near two millions of paper credit upon them at a time; that is to say, have had bills under their hands running abroad for so much at a time. on a sudden, like a clap of thunder, king charles ii. shut up the exchequer, which was the common centre of the overplus cash these great bankers had in their hands. what was the consequence? not only the bankers who had the bulk of their cash there, but all lombard street, stood still. the very report of having money in the exchequer brought a run upon the goldsmiths that had no money there, as well as upon those that had, and not only sir robert viner, alderman backwell, farringdon, forth, and others, broke and failed, but several were ruined who had not a penny of money in the exchequer, and only sunk by the rumour of it; that rumour bringing a run upon the whole street, and giving a check to the paper credit that was run up to such an exorbitant height. i remember a shopkeeper who one time took the liberty (foolish liberty!) with himself, in public company in a coffee-house, to say that he was broke. 'i assure you,' says he, 'that i am broke, and to-morrow i resolve to shut up my shop, and call my creditors together.' his meaning was, that he had a brother just dead in his house, and the next day was to be buried, when, in civility to the deceased, he kept his shop shut; and several people whom he dealt with, and owed money to, were the next day invited to the funeral, so that he did actually shut up his shop, and call some of his creditors together. but he sorely repented the jest which he put upon himself. 'are you broke?' says one of his friends to him, that was in the coffee-house; 'then i wish i had the little money you owe me' (which however, it seems, was not much). says the other, still carrying on his jest, 'i shall pay nobody, till, as i told you, i have called my people together.' the other did not reach his jest, which at best was but a dull one, but he reached that part of it that concerned himself, and seeing him continue carelessly sitting in the shop, slipped out, and, fetching a couple of sergeants, arrested him. the other was a little surprised; but however, the debt being no great sum, he paid it, and when he found his mistake, told his friends what he meant by his being broke. but it did not end there; for other people of his neighbours, who were then in the coffee-house, and heard his discourse, and had thought nothing more of it, yet in the morning seeing his shop shut, concluded the thing was so indeed, and immediately it went over the whole street that such a one was broke; from thence it went to the exchange, and from thence into the country, among all his dealers, who came up in a throng and a fright to look after him. in a word, he had as much to do to prevent his breaking as any man need to desire, and if he had not had very good friends as well as a very good bottom, he had inevitably been ruined and undone. so small a rumour will overset a tradesman, if he is not very careful of himself; and if a word in jest from himself, which though indeed no man that had considered things, or thought before he spoke, would have said (and, on the other hand, no man who had been wise and thinking would have taken as it was taken)--i say, if a word taken from the tradesman's own mouth could be so fatal, and run such a dangerous length, what may not words spoken slyly, and secretly, and maliciously, be made to do? a tradesman's reputation is of the nicest nature imaginable; like a blight upon a fine flower, if it is but touched, the beauty of it, or the flavour of it, or the seed of it, is lost, though the noxious breath which touched it might not reach to blast the leaf, or hurt the root; the credit of a tradesman, at least in his beginning, is too much at the mercy of every enemy he has, till it has taken root, and is established on a solid foundation of good conduct and success. it is a sad truth, that every idle tongue can blast a young shopkeeper; and therefore, though i would not discourage any young beginner, yet it is highly beneficial to alarm them, and to let them know that they must expect a storm of scandal and reproach upon the least slip they make: if they but stumble, fame will throw them down; it is true, if they recover, she will set them up as fast; but malice generally runs before, and bears down all with it; and there are ten tradesmen who fall under the weight of slander and an ill tongue, to one that is lifted up again by the common hurry of report. to say i am broke, or in danger of breaking, is to break me: and though sometimes the malicious occasion is discovered, and the author detected and exposed, yet how seldom is it so; and how much oftener are ill reports raised to ruin and run down a tradesman, and the credit of a shop; and like an arrow that flies in the dark, it wounds unseen. the authors, no nor the occasion of these reports, are never discovered perhaps, or so much as rightly guessed at; and the poor tradesman feels the wound, receives the deadly blow, and is perhaps mortally stabbed in the vitals of his trade, i mean his trading credit, and never knows who hurt him. i must say, in the tradesman's behalf, that he is in such a case to be esteemed a sacrifice to the worst and most hellish of all secret crimes, i mean envy; which is made up of every hateful vice, a complication of crimes which nothing but the worst of god's reasonable world can be guilty of; and he will indeed merit and call for every honest man's pity and concern. but what relief is this to him? for, in the meantime, though the devil himself were the raiser of the scandal, yet it shall go about; the blow shall take, and every man, though at the same time expressing their horror and aversion at the thing, shall yet not be able, no not themselves, to say they receive no impression from it. though i know the clamour or rumour was raised maliciously, and from a secret envy at the prosperity of the man, yet if i deal with him, it will in spite of all my abhorrence of the thing, in spite of all my willingness to do justice, i say it will have some little impression upon me, it will be some shock to my confidence in the man; and though i know the devil is a liar, a slanderer, a calumniator, and that his name _devil_ is derived from it; and that i knew, if that, as i said, were possible, that the devil in his proper person raised and began, and carried on, this scandal upon the tradesman, yet there is a secret lurking doubt (about him), which hangs about me concerning him; the devil is a liar, but he may happen to speak truth just then, he may chance to be right, and i know not what there may be in it, and whether there may be any thing or no, but i will have a little care, &c. thus, insensibly and involuntarily, nay, in spite of friendship, good wishes, and even resolution to the contrary, it is almost impossible to prevent our being shocked by rumour, and we receive an impression whether we will or not, and that from the worst enemy; there is such a powerful sympathy between our thoughts and our interest, that the first being but touched, and that in the lightest manner imaginable, we cannot help it, caution steps on in behalf of the last, and the man is jealous and afraid, in spite of all the kindest and best intentions in the world. nor is it only dangerous in case of false accusations and false charges, for those indeed are to be expected fatal; but even just and true things may be as fatal as false, for the truth is not always necessary to be said of a tradesman: many things a tradesman may perhaps allow himself to do, and may be lawfully done, but if they should be known to be part of his character, it would sink deep into his trading fame, his credit would suffer by it, and in the end it might be his ruin; so that he that would not set his hand to his neighbour's ruin, should as carefully avoid speaking some truths, as raising some forgeries upon him. of what fatal consequence, then, is the raising rumours and suspicions upon the credit and characters of young tradesmen! and how little do those who are forward to raise such suspicions, and spread such rumours, consult conscience, or principle, or honour, in what they do! how little do they consider that they are committing a trading murder, and that, in respect to the justice of it, they may with much more equity break open the tradesman's house, and rob his cash-chest, or his shop; and what they can carry away thence will not do him half the injury that robbing his character of what is due to it from an upright and diligent conduct, would do. the loss of his money or goods is easily made up, and may be sometimes repaired with advantage, but the loss of credit is never repaired; the one is breaking open his house, but the other is burning it down; the one carries away some goods, but the other shuts goods out from coming in; one is hurting the tradesman, but the other is undoing him. credit is the tradesman's life; it is, as the wise man says, 'marrow to his bones;' it is by this that all his affairs go on prosperously and pleasantly; if this be hurt, wounded, or weakened, the tradesman is sick, hangs his head, is dejected and discouraged; and if he does go on, it is heavily and with difficulty, as well as with disadvantage; he is beholding to his fund of cash, not his friends; and he may be truly said to stand upon his own legs, for nothing else can do it. and therefore, on the other hand, if such a man is any way beholding to his credit, if he stood before upon the foundation of his credit, if he owes any thing considerable, it is a thousand to one but he sinks under the oppression of it; that is to say, it brings every body upon him--i mean, every one that has any demand upon him--for in pushing for their own, especially in such cases, men have so little mercy, and are so universally persuaded that he that comes first is first served, that i did not at all wonder, that in the story of the tradesman who so foolishly exposed himself in the coffee-house, as above, his friend whom he said the words to, began with him that very night, and before he went out of the coffee-house; it was rather a wonder to me he did not go out and bring in half-a-dozen more upon him the same evening. it is very rarely that men are wanting to their own interest; and the jealousy of its being but in danger, is enough to make men forget, not friendship only, and generosity, but good manners, civility, and even justice itself, and fall upon the best friends they have in the world, if they think they are in the least danger of suffering by them. on these accounts it is, and many more, that a tradesman walks in continual jeopardy, from the looseness and inadvertency of men's tongues, ay, and women's too; for though i am all along very tender of the ladies, and would do justice to the sex, by telling you, they were not the dangerous people whom i had in view in my first writing upon this subject, yet i must be allowed to say, that they are sometimes fully even with the men, for ill usage, when they please to fall upon them in this nice article, in revenge for any slight, or but pretended slight, put upon them. it was a terrible revenge a certain lady, who was affronted by a tradesman in london, in a matter of love, took upon him in this very article. it seems a tradesman had courted her some time, and it was become public, as a thing in a manner concluded, when the tradesman left the lady a little abruptly, without giving a good reason for it, and, indeed, she afterwards discovered, that he had left her for the offer of another with a little more money, and that, when he had done so, he reported that it was for another reason, which reflected a little on the person of the lady; and in this the tradesman did very unworthily indeed, and deserved her resentment: but, as i said, it was a terrible revenge she took, and what she ought not to have done. first, she found out who it was that her former pretended lover had been recommended to, and she found means to have it insinuated to her by a woman-friend, that he was not only rakish and wicked, but, in short, that he had a particular illness, and went so far as to produce letters from him to a quack-doctor, for directions to him how to take his medicines, and afterwards a receipt for money for the cure; though both the letters and receipt also, as afterwards appeared, were forged, in which she went a dismal length in her revenge, as you may see. then she set two or three female instruments to discourse her case in all their gossips' companies, and at the tea-tables wherever they came, and to magnify the lady's prudence in refusing such a man, and what an escape she had had in being clear of him. 'why,' says a lady to one of these emissaries, 'what was the matter? i thought she was like to be very well married.' 'oh no, madam! by no means,' says the emissary. 'why, madam,' says another lady, 'we all know mr h----; he is a very pretty sort of a man.' 'ay, madam,' says the emissary again, 'but you know a pretty man is not all that is required.' 'nay,' says the lady again, 'i don't mean so; he is no beauty, no rarity that way; but i mean a clever good sort of a man in his business, such as we call a pretty tradesman.' 'ay,' says the lady employed, 'but that is not all neither.' 'why,' says the other lady, 'he has a very good trade too, and lives in good credit.' 'yes,' says malice, 'he has some of the first, but not too much of the last, i suppose.' 'no!' says the lady; 'i thought his credit had been very good.' 'if it had, i suppose,' says the first, 'the match had not been broke off.' 'why,' says the lady, 'i understood it was broken off on his side.' 'and so did i,' says another. 'and so did i, indeed,' says a third. 'oh, madam!' says the tool, 'nothing like it, i assure you.' 'indeed,' says another, i understood he had quitted mrs----, because she had not fortune enough for him, and that he courted another certain lady, whom we all know.' then the ladies fell to talking of the circumstances of his leaving her, and how he had broken from her abruptly and unmannerly, and had been too free with her character; at which the first lady, that is to say, the emissary, or tool, as i call her, took it up a little warmly, thus:-- . _lady_.--well, you see, ladies, how easily a lady's reputation may be injured; i hope you will not go away with it so. . _lady_.--nay, we have all of us a respect for mrs----, and some of us visit there sometimes; i believe none of us would be willing to injure her. . _lady_.--but indeed, ladies, she is very much injured in that story. . _lady_.--indeed, it is generally understood so, and every body believes it. . _lady_.--i can assure you it is quite otherwise in fact. . _lady_.--i believe he reports it so himself, and that with some very odd things about the lady too. . _lady_.--the more base unworthy fellow he. . _lady_.--especially if he knows it to be otherwise. . _lady_.--especially if he knows the contrary to be true, madam. . _lady_.--is that possible? did he not refuse her, then? . _lady_.--nothing like it, madam; but just the contrary. . _lady_.--you surprise me! . _lady_.--i am very glad to hear it, for her sake. . _lady_.--i can assure you, madam, she had refused him, and that he knows well enough, which has been one of the reasons that has made him abuse her as he has done. . _lady_.--indeed, she has been used very ill by him, or somebody for him. . _lady_.--yes, he has reported strange things, but they are all lies. . _lady_.--well; but pray, madam, what was the reason, if we may be so free, that she turned him off after she had entertained him so long? . _lady_.--oh, madam! reason enough; i wonder he should pretend, when he knew his own circumstances too, to court a lady of her fortune. . _lady_.--why, are not his circumstances good, then? . _lady_.--no, madam. good! alas, he has no bottom. . _lady_.--no bottom! why, you surprise me; we always looked upon him to be a man of substance, and that he was very well in the world. . _lady_.--it is all a cheat, madam; there's nothing in it; when it came to be made out, nothing at all in it. . _lady_.--that cannot be, madam; mr ---- has lived always in good reputation and good credit in his business. . _lady_.--it is all sunk again then, if it was so; i don't know. . _lady_.--why did she entertain him so long, then? . _lady_.--alas! madam, how could she know, poor lady, till her friends inquired into things? but when they came to look a little narrowly into it, they soon found reason to give her a caution, that he was not the man she took him for. . _lady_.--well, it is very strange; i am sure he passed for another man among us. . _lady_.--it must be formerly, then, for they tell me his credit has been sunk these three or four years; he had need enough indeed to try for a greater fortune, he wants it enough. . _lady_.--it is a sad thing when men look out for fortunes to heal their trade-breaches with, and make the poor wife patch up their old bankrupt credit. . _lady_.--especially, madam, when they know themselves to be gone so far, that even with the addition they can stand but a little while, and must inevitably bring the lady to destruction with them. . _lady_.--well, i could never have thought mr ---- was in such circumstances. . _lady_.--nor i; we always took him for a ten thousand pound man. . _lady_.--they say he was deep in the bubbles, madam. . _lady_.--nay, if he was gotten into the south sea, that might hurt him indeed, as it has done many a gentleman of better estates than he. . _lady_.--i don't know whether it was the south sea, or some other bubbles, but he was very near making a bubble of her, and £ into the bargain. . _lady_.--i am glad she has escaped him, if it be so; it is a sign her friends took a great deal of care of her. . _lady_.--he won't hold it long; he will have his desert, i hope; i don't doubt but we shall see him in the gazette quickly for a bankrupt. . _lady_.--if he does not draw in some innocent young thing that has her fortune in her own hands to patch him up. . _lady_.--i hope not, madam; i hear he is blown where he went since, and there, they say, they have made another discovery of him, in a worse circumstance than the other. . _lady_.--how, pray? . _lady_.--nothing, madam, but a particular kind of illness, &c. i need say no more. . _lady_.--you astonish me! why, i always thought him a very civil, honest, sober man. . _lady_.--this is a sad world, madam; men are seldom known now, till it is too late; but sometimes murder comes out seasonably, and so i understand it is here; for the lady had not gone so far with him, but that she could go off again. . _lady_.--nay, it was time to go off again, if it were so. . _lady_.--nay, madam, i do not tell this part of my own knowledge; i only heard so, but i am afraid there is too much in it. thus ended this piece of hellish wildfire, upon the character and credit of a tradesman, the truth of all which was no more than this--that the tradesman, disliking his first lady, left her, and soon after, though not presently, courted another of a superior fortune indeed, though not for that reason; and the first lady, provoked at being cast off, and, as she called it, slighted, raised all this clamour upon him, and persecuted him with it, wherever she was able. such a discourse as this at a tea-table, it could not be expected would be long a secret; it ran from one tittle-tattle society to another; and in every company, snow-ball like, it was far from lessening, and it went on, till at length it began to meet with some contradiction, and the tradesman found himself obliged to trace it as far and as well as he could. but it was to no purpose to confront it; when one was asked, and another was asked, they only answered they heard so, and they heard it in company in such a place, and in such a place, and some could remember where they had it, and some could not; and the poor tradesman, though he was really a man of substance, sank under it prodigiously: his new mistress, whom he courted, refused him, and would never hear any thing in his favour, or trouble herself to examine whether it were true or no--it was enough, she said, to her, that he was laden with such a report; and, if it was unjust, she was sorry for it, but the misfortune must be his, and he must place it to the account of his having made some enemies, which she could not help. as to his credit, the slander of the first lady's raising was spread industriously, and with the utmost malice and bitterness, and did him an inexpressible prejudice; every man he dealt with was shy of him; every man he owed any thing to came for it, and, as he said, he was sure he should see the last penny demanded; it was his happiness that he had wherewith to pay, for had his circumstances been in the least perplexed, the man had been undone; nay, as i have observed in another case, as his affairs might have lain, he might have been able to have paid forty shillings in the pound, and yet have been undone, and been obliged to break, and shut up his shop. it is true, he worked through it, and he carried it so far as to fix the malice of all the reports pretty much upon the first lady, and particularly so far as to discover that she was the great reason of his being so positively rejected by the other; but he could never fix it so upon her as to recover any damages of her, only to expose her a little, and that she did not value, having, as she said wickedly, had her full revenge of him, and so indeed she had. the sum of the matter is, and it is for this reason i tell you the story, that the reputation of a tradesman is too much at the mercy of men's tongues or women's either; and a story raised upon a tradesman, however malicious, however false, and however frivolous the occasion, is not easily suppressed, but, if it touches his credit, as a flash of fire it spreads over the whole air like a sheet; there is no stopping it. my inference from all this shall be very brief; if the tongues of every ill-disposed envious gossip, whether man-gossip or woman-gossip, for there are of both sorts, may be thus mischievous to the tradesman, and he is so much at the mercy of the tattling slandering part of the world, how much more should tradesmen be cautious and wary how they touch or wound the credit and character of one another. there are but a very few tradesmen who can say they are out of the reach of slander, and that the malice of enemies cannot hurt them with the tongue. here and there one, and those ancient and well established, may be able to defy the world; but there are so many others, that i think i may warn all tradesmen against making havoc of one another's reputation, as they would be tenderly used in the same case. and yet i cannot but say it is too much a tradesman's crime, i mean to speak slightly and contemptibly of other tradesman, their neighbours, or perhaps rivals in trade, and to run them down in the characters they give of them, when inquiry may be made of them, as often is the case. the reputation of tradesmen is too often put into the hands of their fellow-tradesmen, when ignorant people think to inform themselves of their circumstances, by going to those whose interest it is to defame and run them down. i know no case in the world in which there is more occasion for the golden rule, do as you would be done unto; and though you may be established, as you may think, and be above the reach of the tongues of others, yet the obligation of the rule is the same, for you are to do as you would be done unto, supposing that you were in the same condition, or on a level with the person. it is confessed that tradesmen do not study this rule in the particular case i am now speaking of. no men are apter to speak slightly and coldly of a fellow-tradesman than his fellow-tradesmen, and to speak unjustly so too; the reasons for which cannot be good, unless it can be pleaded for upon the foundation of a just and impartial concern in the interest of the inquirer; and even then nothing must be said but what is consistent with strict justice and truth: all that is more than that, is mere slander and envy, and has nothing of the christian in it, much less of the neighbour or friend. it is true that friendship may be due to the inquirer, but still so much justice is due to the person inquired of, that it is very hard to speak in such cases, and not be guilty of raising dust, as they call it, upon your neighbour, and at least hurting, if not injuring him. it is, indeed, so difficult a thing, that i scarce know what stated rule to lay down for the conduct of a tradesman in this case:--a tradesman at a distance is going to deal with another tradesman, my neighbour; and before he comes to bargain, or before he cares to trust him, he goes, weakly enough perhaps, to inquire of him, and of his circumstances, among his neighbours and fellow-tradesmen, perhaps of the same profession or employment, and who, among other things, it may be, are concerned by their interest, that this tradesman's credit should not rise too fast. what must be done in this case? if i am the person inquired of, what must i do? if i would have this man sink in his reputation, or be discredited, and if it is for my interest to have him cried down in the world, it is a sore temptation to me to put in a few words to his disadvantage; and yet, if i do it in gratification of my private views or interest, or upon the foot of resentment of any kind whatever, and let it be from what occasion it will, nay, however just and reasonable the resentment is, or may be, it is utterly unjust and unlawful, and is not only unfair as a man, but unchristian, and is neither less nor more than a secret revenge, which is forbidden by the laws of god and man. if, on the other hand, i give a good character of the man, or of his reputation, i mean, of his credit in business, in order to have the inquirer trust him, and at the same time know or believe that he is not a sound and good man (that is, as to trade, for it is his character in trade that i am speaking of), what am i doing then? it is plain i lay a snare for the inquirer, and am at least instrumental to his loss, without having really any design to hurt him; for it is to be supposed, before he came to me to inquire, i had no view of acting any thing to his prejudice. again, there is no medium, for to refuse or decline giving a character of the man, is downright giving him the worst character i can--it is, in short, shooting him through the head in his trade. a man comes to me for a character of my neighbouring tradesman; i answer him with a repulse to his inquiry thus-- _a_.--good sir, do not ask me the character of my neighbours--i resolve to meddle with nobody's character; pray, do not inquire of me. _b_.--well, but, sir, you know the gentleman; you live next door to him; you can tell me, if you please, all that i desire to know, whether he is a man in credit, and fit to be trusted, or no, in the way of his business. _a_.--i tell you, sir, i meddle with no man's business; i will not give characters of my neighbours--it is an ill office--a man gets no thanks for it, and perhaps deserves none. _b_.--but, sir, you would be willing to be informed and advised, if it were your own case. _a_.--it may be so, but i cannot oblige people to inform me. _b_.--but you would entreat it as a favour, and so i come to you. _a_.--but you may go to any body else. _b_.--but you are a man of integrity; i can depend upon what you say; i know you will not deceive me; and, therefore, i beg of you to satisfy me. _a_.--but i desire you to excuse me, for it is what i never do--i cannot do it. _b_.--but, sir, i am in a great strait; i am just selling him a great parcel of goods, and i am willing to sell them too, and yet i am willing to be safe, as you would yourself, if you were in my case. _a_.--i tell you, sir, i have always resolved to forbear meddling with the characters of my neighbours--it is an ill office. besides, i mind my own business; i do not enter into the inquiries after other people's affairs. _b_.--well, sir, i understand you, then; i know what i have to do. _a_.--what do you mean by that? _b_.--nothing, sir, but what i suppose you would have me understand by it. _a_.--i would have you understand what i say--namely, that i will meddle with nobody's business but my own. _b_.--and i say i understand you; i know you are a good man, and a man of charity, and loth to do your neighbours any prejudice, and that you will speak the best of every man as near as you can. _a_.--i tell you, i speak neither the best nor the worst--i speak nothing. _b_.--well, sir, that is to say, that as charity directs you to speak well of every man, so, when you cannot speak well, you refrain, and will say nothing; and you do very well, to be sure; you are a very kind neighbour. _a_.--but that is a base construction of my words; for i tell you, i do the like by every body. _b_.--yes, sir, i believe you do, and i think you are in the right of it--am fully satisfied. _a_.--you act more unjustly by me than by my neighbour; for you take my silence, or declining to give a character, to be giving an ill character. _b_.--no, sir, not for an ill character. _a_.--but i find you take it for a ground of suspicion. _b_.--i take it, indeed, for a due caution to me, sir; but the man may be a good man for all that, only-- _a_.--only what? i understand you--only you won't trust him with your goods. _b_.--but another man may, sir, for all that, so that you have been kind to your neighbours and to me too, sir--and you are very just. i wish all men would act so one by another; i should feel the benefit of it myself among others, for i have suffered deeply by ill tongues, i am sure. _a_.--well, however unjust you are to me, and to my neighbour too, i will not undeceive you at present; i think you do not deserve it. he used a great many more words with him to convince him that he did not mean any discredit to his neighbour tradesman; but it was all one; he would have it be, that his declining to give his said neighbour a good character was giving him an ill character, which the other told him was a wrong inference. however, he found that the man stood by his own notion of it, and declined trusting the tradesman with the goods, though he was satisfied he (the tradesman) was a sufficient man. upon this, he was a little uneasy, imagining that he had been the cause of it, as indeed he had, next to the positive humour of the inquirer, though it was not really his fault; neither was the construction the other made of it just to his intention, for he aimed at freeing himself from all inquiries of that nature, but found there was no prevailing with him to understand it any other way than he did; so, to requite the man a little in his own way, he contrived the following method: he met with him two or three days after, and asked him if he had sold his goods to the person his neighbour? 'no,' says he; 'you know i would not.' 'nay,' says the other, 'i only knew you said so; i did not think you would have acted so from what i said, nor do i think i gave you any reason.' 'why,' says he, 'i knew you would have given him a good character if you could, and i knew you were too honest to do it, if you were not sure it was just.' 'the last part i hope is true, but you might have believed me honest too, in what i did say, that i had resolved to give no characters of any body.' 'as to that, i took it, as any body would, to be the best and modestest way of covering what you would not have be disclosed, namely, that you could not speak as you would; and i also judged that you therefore chose to say nothing.' 'well, i can say no more but this; you are not just to me in it, and i think you are not just to yourself neither.' they parted again upon this, and the next day the first tradesman, who had been so pressed to give a character of his neighbour, sent a man to buy the parcel of goods of the other tradesman, and offering him ready money, bought them considerably cheaper than the neighbour-tradesman was to have given for them, besides reckoning a reasonable discount for the time, which was four months, that the first tradesman was to have given to his neighbour. as soon as he had done, he went and told the neighbour-tradesman what he had done, and the reason of it, and sold the whole parcel to him again, giving the same four months' credit for them as the first man was to have given, and taking the discount for time only to himself, gave him all the advantage of the buying, and gave the first man the mortification of knowing it all, and that the goods were not only for the same man, but that the very tradesman, whom he would not believe when he declined giving a character of any man in general, had trusted him with them. he pretended to be very angry, and to take it very ill; but the other told him, that when he came to him for a character of the man, and he told him honestly, that he would give no characters at all, that it was not for any ill to his neighbour that he declined it, he ought to have believed him; and that he hoped, when he wanted a character of any of his neighbours again, he would not come to him for it. this story is to my purpose in this particular, which is indeed very significant; that it is the most difficult thing of its kind in the world to avoid giving characters of our neighbouring tradesmen; and that, let your reasons for it be what they will, to refuse giving a character is giving a bad character, and is generally so taken, whatever caution or arguments you use to the contrary. in the next place, it is hard indeed, if an honest neighbour be in danger of selling a large parcel of goods to a fellow, who i may know it is not likely should be able to pay for them, though his credit may in the common appearance be pretty good at that time; and what must i do? if i discover the man's circumstances, which perhaps i am let into by some accident, i say, if i discover them, the man is undone; and if i do not, the tradesman, who is in danger of trusting him, is undone. i confess the way is clear, if i am obliged to speak at all in the case: the man unsound is already a bankrupt at bottom, and must fail, but the other man is sound and firm, if this disaster does not befall him: the first has no wound given him, but negatively; he stands where he stood before; whereas the other is drawn in perhaps to his own ruin. in the next place, the first is a knave, or rather thief, for he offers to buy, and knows he cannot pay; in a word, he offers to cheat his neighbour; and if i know it, i am so far confederate with him in the cheat. in this case i think i am obliged to give the honest man a due caution for his safety, if he desires my advice; i cannot say i am obliged officiously to go out of my way to do it, unless i am any way interested in the person--for that would be to dip into other men's affairs, which is not my proper work; and if i should any way be misinformed of the circumstances of the tradesman i am to speak of, and wrong him, i may be instrumental to bring ruin causelessly upon him. in a word, it is a very nice and critical case, and a tradesman ought to be very sure of what he says or does in such a case, the good or evil fate of his neighbour lying much at stake, and depending too much on the breath of his mouth. every part of this discourse shows how much a tradesman's welfare depends upon the justice and courtesy of his neighbours, and how nice and critical a thing his reputation is. this, well considered, would always keep a tradesman humble, and show him what need he has to behave courteously and obligingly among his neighbours; for one malicious word from a man much meaner than himself, may overthrow him in such a manner, as all the friends he has may not be able to recover him; a tradesman, if possible, should never make himself any enemies. but if it is so fatal a thing to tradesmen to give characters of one another, and that a tradesman should be so backward in it for fear of hurting his neighbour, and that, notwithstanding the character given should be just, and the particular reported of him should be true, with how much greater caution should we act in like cases where what is suggested is really false in fact, and the tradesman is innocent, as was the case in the tradesman mentioned before about courting the lady. if a tradesman may be ruined and undone by a true report, much more may he be so by a false report, by a malicious, slandering, defaming tongue. there is an artful way of talking of other people's reputation, which really, however some people salve the matter, is equal, if not superior, in malice to the worst thing they can say; this is, by rendering them suspected, talking doubtfully of their characters, and of their conduct, and rendering them first doubtful, and then strongly suspected. i don't know what to say to such a man. a gentleman came to me the other day, but i knew not what to say; i dare not say he is a good man, or that i would trust him with five hundred pounds myself; if i should say so, i should belie my own opinion. i do not know, indeed, he may be a good man at bottom, but i cannot say he minds his business; if i should, i must lie; i think he keeps a great deal of company, and the like. another, he is asked of the currency of his payments, and he answers suspiciously on that side too; i know not what to say, he may pay them at last, but he does not pay them the most currently of any man in the street, and i have heard saucy boys huff him at his door for bills, on his endeavouring to put them off; indeed, i must needs say i had a bill on him a few weeks ago for a hundred pounds, and he paid me very currently, and without any dunning, or often calling upon, but it was i believe because i offered him a bargain at that time, and i supposed he was resolved to put a good face upon his credit. a tradesman, that would do as he would be done by, should carefully avoid these people who come always about, inquiring after other tradesman's characters. there are men who make it their business to do thus; and as they are thereby as ready to ruin and blow up good fair-dealing tradesmen as others, so they do actually surprise many, and come at their characters earlier and nearer than they expect they would. tradesmen, i say, that will thus behave to one another, cannot be supposed to be men of much principle, but will be apt to lay hold of any other advantage, how unjust soever, and, indeed, will wait for an occasion of such advantages; and where is there a tradesman, but who, if he be never so circumspect, may some time or other give his neighbour, who watches for his halting, advantage enough against him. when such a malicious tradesman appears in any place, all the honest tradesmen about him ought to join to expose him, whether they are afraid of him or no: they should blow him among the neighbourhood, as a public nuisance, as a common _barrettor_, or raiser of scandal; by such a general aversion to him they would depreciate him, and bring him into so just a contempt, that no body would keep him company, much less credit any thing he said; and then his tongue would be no slander, and his breath would be no blast, and nobody would either tell him any thing, or hear any thing from him: and this kind of usage, i think, is the only way to put a stop to a defamer; for when he has no credit of his own left, he would be unable to hurt any of his neighbour's. chapter xvi of the tradesman's entering into partnership in trade, and the many dangers attending it there are some businesses which are more particularly accustomed to partnerships than others, and some that are very seldom managed without two, three, or four partners, and others that cannot be at all carried on without partnership; and there are those again, in which they seldom join partners together. mercers, linen-drapers, banking goldsmiths, and such considerable trades, are often, and indeed generally, carried on in partnership; but other meaner trades, and of less business, are carried on, generally speaking, single-handed. some merchants, who carry on great business in foreign ports, have what they call houses in those ports, where they plant and breed up their sons and apprentices; and these are such as i hinted could not carry on their business without partnership. the trading in partnership is not only liable to more hazards and difficulties, but it exposes the tradesman to more snares and disadvantages by a great deal, than the trading with a single hand does; and some of those snares are these:-- . if the partner is a stirring, diligent, capable man, there is danger of his slipping into the whole trade, and, getting in between you and home, by his application, thrusting you at last quite out; so that you bring in a snake into your chimney corner, which, when it is warmed and grown vigorous, turns about at you, and hisses you out of the house. it is with the tradesman, in the case of a diligent and active partner, as i have already observed it was in the case of a trusty and diligent apprentice, namely, that if the master does not appear constantly at the head of the business, and make himself be known by his own application and diligence to be what he is, he shall soon look to be what he is not, that is to say, one not concerned in the business. he will never fail to be esteemed the principal person concerned in the shop, and in the trade, who is principally and most constantly found there, acting at the head of every business; and be it a servant or a partner, the master or chief loses himself extremely by the advances the other makes of that kind; for, whenever they part again, either the apprentice by being out of his time, or the partner by the expiration of the articles of partnership, or by any other determination of their agreement, the customers most certainly desire to deal with the man whom they have so often been obliged by; and if they miss him, inquire after and follow him. it is true, the apprentice is the more dangerous of the two, because his separation is supposed to be more certain, and generally sooner than the partner; the apprentice is not known, and cannot have made his interest among the buyers, but for perhaps a year, or a year and a half, before his time expired: sooner than that he could not put himself in the way of being known and observed; and then, when his time is out, he certainly removes, unless he is taken into the shop as a partner, and that, indeed, prolongs the time, and places the injury at a greater distance, but still it makes it the more influencing when it comes; and unless he is brought some how or other into the family, and becomes one of the house, perhaps by marriage, or some other settled union with the master, he never goes off without making a great chasm in the master's affairs, and the more, by how much he has been more diligent and useful in the trade, the wounds of which the master seldom if ever recovers. if the partner were not an apprentice, but that they either came out of their times together, or near it, or had a shop and business before, but quitted it to come in, it may then be said that he brought part of the trade with him, and so increased the trade when he joined with the other in proportion to what he may be said to carry away when he went off; this is the best thing that can be said of a partnership; and then i have this to add, first, that the tradesman who took the partner in has a fair field, indeed, to act in with his partner, and must take care, by his constant attendance, due acquaintance with the customers, and appearing in every part of the business, to maintain not his interest only, but the appearance of his interest, in the shop or warehouse, that he may, on every occasion, and to every customer, not only be, but be known to be, the master and head of the business; and that the other is at best but a partner, and not a chief partner, as, in case of his absence and negligence, will presently be suggested; for he that chiefly appears will be always chief partner in the eye of the customers, whatever he is in the substance of the thing. this, indeed, is much the same case with what is said before of a diligent servant, and a negligent master, and therefore i forbear to enlarge upon it; but it is so important in both cases, that indeed it cannot well be mentioned too often: the master's full application, in his own person, is the only answer to both. he that takes a partner only to ease him of the toil of his business, that he may take his pleasure, and leave the drudgery, as they call it, to the partner, should take care not to do it till about seven years before he resolves to leave off trade, that, at the end of the partnership, he may be satisfied to give up the trade to his partner, or see him run away with it, and not trouble himself about it. but if he takes a partner at his beginning, with an intent, by their joint enlarged stock, to enlarge their business, and so carry on a capital trade, which perhaps neither of them were able to do by themselves, and which is the only justifiable reason for taking a partner at all, he must resolve then to join with his partner, not only in stock, but in mutual diligence and application, that the trade may flourish by their joint assistance and constant labour, as two oxen yoked together in the same draught, by their joint assistance, draw much more than double what they could either of them draw by their single strength; and this, indeed, is the only safe circumstance of a partnership: then, indeed, they are properly partners when they are assistants to one another, whereas otherwise they are like two gamesters striving to worm one another out, and to get the mastery in the play they are engaged in. the very word _partner_ imports the substance of the thing, and they are, as such, engaged to a mutual application, or they are no more partners, but rather one is the trading gentleman, and the other is the trading drudge; but even then, let them depend, the drudge will carry away the trade, and the profit too, at last. and this is the way how one partner may honestly ruin another, and for ought i know it is the only one: for it cannot be said but that the diligent partner acts honestly in acting diligently, and if the other did the same, they would both thrive alike; but if one is negligent and the other diligent, one extravagant and expensive, the other frugal and prudent, it cannot be said to be his fault that one is rich and the other poor--that one increases in the stock, and the other is lessened, and at last worked quite out of it. as a partner, then, is taken in only for ease, to abate the first tradesman's diligence, and take off the edge of his application, so far a partner, let him be as honest and diligent as he will, is dangerous to the tradesman--nay, the more honest and the more diligent he is, the more dangerous he is, and the more a snare to the tradesman that takes him in; and a tradesman ought to be very cautious in the adventure, for, indeed, it is an adventure--that he be not brought in time to relax his diligence, by having a partner, even contrary to his first intention; for laziness is a subtle insinuating thing, and it is a sore temptation to a man of ease and indolence to see his work done for him, and less need of him in the business than used to be, and yet the business to go on well too; and this danger is dormant, and lies unseen, till after several years it rises, as it were, out of its ambuscade, and surprises the tradesman, letting him see by his loss what his neglect has cost him. . but there are other dangers in partnership, and those not a few; for you may not only be remiss and negligent, remitting the weight of the business upon him, and depending upon him for its being carried on, by which he makes himself master, and brings you to be forgot in the business; but he may be crafty too, and designing in all this, and when he has thus brought you to be as it were _nobody_, he shall make himself be all _somebody_ in the trade, and in that particular he by degrees gets the capital interest, as well as stock in the trade, while the true original of the shop, who laid the foundation of the whole business, brought a trade to the shop, or brought commissions to the house, and whose the business more particularly is, is secretly supplanted, and with the concurrence of his own negligence--for without that it cannot be--is, as it were, laid aside, and at last quite thrust out. thus, whether honest or dishonest, the tradesman is circumvented, and the partnership is made fatal to him; for it was all owing to the partnership the tradesman was diligent before, understood his business, and kept close to it, gave up his time to it, and by employing himself, prevented the indolence which he finds breaking insensibly upon him afterwards, by being made easy, as they call it, in the assistance of a partner. . but there are abundance of other cases which make a partnership dangerous; for if it be so where the partner is honest and diligent, and where he works into the heart of the business by his industry and application, or by his craft and insinuation, what may it not be if he proves idle and extravagant; and if, instead of working him out, he may be said to play him out of the business, that is to say, prove wild, expensive, and run himself and his partner out by his extravagance? there are but too many examples of this kind; and here the honest tradesman has the labouring oar indeed; for instead of being assisted by a diligent industrious partner, whom on that account he took into the trade, he proves a loose, extravagant, wild fellow, runs abroad into company, and leaves him (for whose relief he was taken in) to bear the burden of the whole trade, which, perhaps, was too heavy for him before, and if it had not been so, he had not been prevailed with to have taken in a partner at all. this is, indeed, a terrible disappointment, and is very discouraging, and the more so, because it cannot be recalled; for a partnership is like matrimony, it is almost engaged in for better or for worse, till the years expire; there is no breaking it off, at least, not easily nor fairly, but all the inconveniences which are to be feared will follow and stare in your face: as, first, the partner in the first place draws out all his stock; and this sometimes is a blow fatal enough, for perhaps the partner cannot take the whole trade upon himself, and cannot carry on the trade upon his own stock: if he could, he would not have taken in a partner at all. this withdrawing the stock has sometimes been very dangerous to a partner; nay, has many times been the overthrow and undoing of him and of the family that is left. he that takes a partner into his trade on this account--namely, for the support of his stock, to enjoy the assistance of so much cash to carry on the trade, ought seriously to consider what he shall be able to do when the partner, breaking off the partnership, shall carry all his stock, and the improvement of it too, with him: perhaps the tradesman's stock is not much increased, perhaps not at all; nay, perhaps the stock is lessened, instead of being increased, and they have rather gone backward than forward. what shall the tradesman do in such a case? and how shall he bear the breach in his stock which that separation would make? thus he is either tied down to the partner, or the partner is pinned down to him, for he cannot separate without a breach. it is a sad truth to many a partner, that when the partnership comes to be finished and expired, the man would let his partner go, but the other cannot go without tearing him all to pieces whom he leaves behind him; and yet the partner being loose, idle, and extravagant, in a word, will ruin both if he stays. this is the danger of partnership in some of the best circumstances of it; but how hazardous and how fatal is it in other cases! and how many an honest and industrious tradesman has been prevailed with to take in a partner to ease himself in the weight of the business, or on several other accounts, some perhaps reasonable and prudent enough, but has found himself immediately involved in a sea of trouble, is brought into innumerable difficulties, concealed debts, and unknown incumbrances, such as he could no ways extricate himself out of, and so both have been unavoidably ruined together! these cases are so various and so uncertain, that it is not easy to enumerate them: but we may include the particulars in a general or two. . one partner may contract debts, even in the partnership itself, so far unknown to the other, as that the other may be involved in the danger of them, though he was not at all concerned in, or acquainted with, them at the same time they were contracted. . one partner may discharge debts for both partners; and so, having a design to be knavish, may go and receive money, and give receipts for it, and not bringing it to account, or not bringing the money into cash, may wrong the stock to so considerable a sum as may be to the ruin of the other partner. . one partner may confess judgment, or give bonds, or current notes in the name, and as for the account of the company, and yet convert the effects to his own private use, leaving the stock to be answerable for the value. . one partner may sell and give credit, and deliver parcels of goods to what sum, or what quantity, he thinks fit, and to whom, and so, by his indiscretion, or perhaps by connivance and knavery, lose to the stock what parcel of goods he pleases, to the ruin of the other partner, and bring themselves to be both bankrupt together. . nay, to sum up all, one partner may commit acts of bankruptcy without the knowledge of the other, and thereby subject the united stock, and both or all the partners, to the danger of a commission, when they may themselves know nothing of it till the blow is given, and given so as to be too late to be retrieved. all these, and many more, being the ill consequences and dangers of partnership in trade, i cannot but seriously warn the honest industrious tradesman, if possible, to stand upon his own legs, and go on upon his own bottom; to pursue his business diligently, but cautiously, and what we call fair and softly; not eagerly pushing to drive a vast trade, and enjoy but half of it, rather carry on a middling business, and let it be his own. there may be cases, indeed, which may have their exceptions to this general head of advice; partnerships may sometimes prove successful, and in some particular business they are more necessary than in others, and in some they tell us that they are absolutely necessary, though the last i can by no means grant; but be that as it will, there are so many cases more in number, and of great consequence too, which miscarry by the several perplexed circumstances, differing tempers, and open knavery of partners, that i cannot but give it as a friendly advice to all tradesmen--if possible, to avoid partnerships of all kinds. but if the circumstances of trade require partnerships, and the risk must be run, i would recommend to the tradesman not to enter into partnerships, but under the following circumstances:-- . not to take in any partner who should be allowed to carry on any separate business, in which the partnership is not concerned. depend upon it, whatever other business your partner carries on, you run the risk of it as much as you do of your own; and you run the risk with this particular circumstance too, that you have the hazard without the profit or success: that is, without a share in the profit or success, which is very unequal and unfair. i know cunning men will tell you, that there may be provision made so effectually in the articles of partnership, that the stock in partnership should be concerned in no other interest or engagements but its own; but let such cunning gentlemen tell me, if the partner meets with a disappointment in his other undertakings, which wounds him so deep as to break him, will it not affect the partnership thus far? . that it may cause his stock to be drawn hastily out, and perhaps violently too. . that it touches and taints the credit of the partner to be concerned with such a man; and though a man's bottom may support him, if it be very good, yet it is a blow to him, touches his credit, and makes the world stand a little at a stay about him, if it be no more, for a while, till they see that he shows himself upon the exchange, or at his shop-door again, in spite of all the apprehensions and doubts that have been handed about concerning him. either of these are so essential to the tradesman, whose partner thus sinks by his own private breaches, in which the parnership is not concerned, that it is worth while to caution the tradesman against venturing. and i must add, too, that many a tradesman has fallen under the disaster by the partner's affairs thus affecting him, though the immediate losses which the partner had suffered have not been charged upon him; and yet i believe it is not so easy to avoid being fallen upon for those debts also. it is certain, as i formerly noted, rumour will break a tradesman almost at any time. it matters not, at first, whether the rumour be true or false. what rumour can sit closer to a man in business--his own personal misfortunes excepted--than such as this-_that his partner is broke?_ that his partner has met with a loss, suppose an insurance, suppose a fall of stocks, suppose a bubble or a cheat, or we know not what, the partner is sunk, no man knows whether the partnership be concerned in it or no; and while it is not known, every man will suppose it, for mankind always think the worst of every thing. what can be a closer stroke at the poor tradesman? he knows not what his partner has done; he has reason to fear the worst; he even knows not himself, for a while, whether he can steer clear of the rocks or no; but soon recovers, knows his own circumstances, and struggles hard with the world, pays out his partner's stock, and gets happily over it. and it is well he does so, for that he is at the brink of ruin must be granted; and where one stands and keeps up his reputation and his business, there are twenty would be undone in the same circumstance. who, then, would run the venture of a partner, if it were possible to avoid it? and who, if they must have a partner, would have one that was concerned in separate business, in which the partnership was not engaged? . if you must have a partner, always choose to have the partner rather under than over you; by this i mean, take him in for a fifth, a fourth, or at most a third, never for a half. there are many reasons to be given for this, besides that of having the greater share of profits, for that i do not give as a reason here at all; but the principal reasons are these:--first, in case of any disaster in any of the particular supposed accidents which i have mentioned, and that you should be obliged to pay out your partner's stock, it will not be so heavy, or be so much a blow to you: and, secondly, you preserve to yourself the governing influence in your own business; you cannot be overruled, overawed, or dogmatically told, it shall, or shall not, be thus, or thus. he that takes in a partner for a third, has a partner servant; he that takes him in for a half, has a partner master--that is to say, a director, or preceptor: let your partner have always a lesser interest in the business than yourself, and be rather less acquainted with the business than yourself, at least not better. you should rather have a partner to be instructed, than a partner to instruct you; for he that teaches you, will always taunt you. . if you must have a partner, let him always be your junior, rather than your senior; by this i mean, your junior in business, whether he is so in years or not. there are many reasons why the tradesman should choose this, and particularly the same as the other of taking him in for a junior or inferior part of the trade--that is to say, to maintain the superiority of the business in his own hands; and this i mention, not at all upon account of the pride or vanity of the superiority, for that is a trifle compared to the rest; but that he may have the more authority to inspect the conduct of his partner, in which he is so much and so essentially concerned; and to inquire whether he is doing any thing, or taking any measures, dangerous or prejudicial to the stock, or to the credit of the partnership, that so if he finds any thing, he may restrain him, and prevent in time the mischief which would otherwise be inevitable to them both. there are many other advantages to a tradesman who is obliged to take a partner, by keeping in his own hands the major part of the trade, which are too long to repeat here; such as his being always able to put a check to any rash adventure, any launching out into bubbles and projects, and things dangerous to the business: and this is a very needful thing in a partnership, that one partner should be able to correct the rash resolves of another in hazardous cases. by this correcting of rash measures, i mean over-ruling them with moderation and temper, for the good of the whole, and for their mutual advantage. the romans frequently had two generals, or consuls, to command their armies in the field: one of which was to be a young man, that by his vigour and sprightly forwardness he might keep up the spirits and courage of the soldiers, encourage them to fight, and lead them on by his example; the other an old soldier, that by his experience in the military affairs, age, and counsels, he might a little abate the fire of his colleague, and might not only know how to fight, but know when to fight, that is to say, when to avoid fighting; and the want of this lost them many a victory, and the great battle of cannae in particular, in which , romans were killed in one day. to compare small things with great, i may say it is just so in the affair of trade. you should always join a sober grave head, weighed to business, and acquainted with trade, to the young trader, who having been young in the work will the easier give up his judgment to the other, and who is governed with the solid experience of the other; and so you join their ways together, the rash and the sedate, the grave and the giddy. again, if you must go into partnership, be sure, if possible, you take nobody into partnership but such as whose circumstances in trade you are fully acquainted with. such there are frequently to be had among relations and neighbours, and such, if possible, should be the man that is taken into partnership, that the hazard of unsound circumstances may be avoided. a man may else be taken into partnership who may be really bankrupt even before you take him; and such things have been done, to the ruin of many an honest tradesman. if possible, let your partner be a beginner, that his stock may be reasonably supposed to be free and unentangled; and let him be one that you know personally, and his circumstances, and did know even before you had any thoughts of engaging together. all these cautions are with a supposition that the partner must be had; but i must still give it as my opinion, in the case of such tradesmen as i have all along directed myself to, that if possible they should go on single-handed in trade; and i close it with this brief note, respecting the qualifications of a partner, as above, that, next to no partner, such a partner is best. chapter xvii of honesty in dealing, and lying there is some difference between an honest man and an honest tradesman; and though the distinction is very nice, yet, i must say, it is to be supported. trade cannot make a knave of an honest man, for there is a specific difference between honesty and knavery which can never be altered by trade or any other thing; nor can that integrity of mind which describes and is peculiar to a man of honesty be ever abated to a tradesman; the rectitude of his soul must be the same, and he must not only intend or mean honestly and justly, but he must do so; he must act honestly and justly, and that in all his dealings; he must neither cheat nor defraud, over-reach nor circumvent his neighbour, nor indeed anybody he deals with; nor must he design to do so, or lay any plots or snares to that purpose in his dealing, as is frequent in the general conduct of too many, who yet call themselves honest tradesmen, and would take it very ill to have any one tax their integrity. but after all this is premised, there are some latitudes, like poetical licences in other cases, which a tradesman is and must be allowed, and which by the custom and usage of trade he may give himself a liberty in, which cannot be allowed in other cases to any man, no, nor to the tradesman himself out of his business--i say, he may take some liberties, but within bounds; and whatever some pretenders to strict living may say, yet that tradesman shall pass with me for a very honest man, notwithstanding the liberty which he gives himself of this kind, if he does not take those liberties in an exorbitant manner; and those liberties are such as these. . the liberty of asking more than he will take. i know some people have condemned this practice as dishonest, and the quakers for a time stood to their point in the contrary practice, resolving to ask no more than they would take, upon any occasion whatsoever, and choosing rather to lose the selling of their goods, though they could afford sometimes to take what was offered, rather than abate a farthing of the price they had asked; but time and the necessities of trade made them wiser, and brought them off of that severity, and they by degrees came to ask, and abate, and abate again, just as other business tradesmen do, though not perhaps as some do, who give themselves a fuller liberty that way. indeed, it is the buyers that make this custom necessary; for they, especially those who buy for immediate use, will first pretend positively to tie themselves up to a limited price, and bid them a little and a little more, till they come so near the sellers' price, that they, the sellers, cannot find in their hearts to refuse it, and then they are tempted to take it, notwithstanding their first words to the contrary. it is common, indeed, for the tradesman to say, 'i cannot abate anything,' when yet they do and can afford it; but the tradesman should indeed not be understood strictly and literally to his words, but as he means it, namely, that he cannot reasonably abate, and that he cannot afford to abate: and there he may be in earnest, namely, that he cannot make a reasonable profit of his goods, if he is obliged to abate, and so the meaning is honest, that he cannot abate; and yet rather than not take your money, he may at last resolve to do it, in hopes of getting a better price for the remainder, or being willing to abate his ordinary gain, rather than disoblige the customer; or being perhaps afraid he should not sell off the quantity; and many such reasons may be given why he submits to sell at a lower price than he really intended, or can afford to do; and yet he cannot be said to be dishonest, or to lie, in saying at first he cannot, or could not, abate. a man in trade is properly to be said not to be able to do what he cannot do to his profit and advantage. the english cannot trade to hungary, and into slavonia--that is to say, they cannot do it to advantage; but it is better for them to trade to venice with their goods, and let the venetians carry on a trade into hungary through dalmatia, croatia, &c, and the like in other places. to bring it down to particular cases: one certain merchant cannot deal in one sort of goods which another merchant is eminent for; the other merchant is as free to the trade as he, but he cannot do it to profit; for he is unacquainted with the trade, and it is out of his way, and therefore he cannot do it. thus, to the case in hand. the tradesman says he cannot sell his goods under such a price, which in the sense of his business is true; that is to say, he cannot do it to carry on his trade with the usual and reasonable advantage which he ought to expect, and which others make in the same way of business. or, he cannot, without underselling the market, and undervaluing the goods, and seeming to undersell his neighbour-shopkeepers, to whom there is a justice due in trade, which respects the price of sale; and to undersell is looked upon as an unfair kind of trading. all these, and many more, are the reasons why a tradesman may be said not to lie, though he should say he _cannot_ abate, or _cannot_ sell his goods under such a price, and yet may after think fit to sell you his goods something lower than he so intended, or can afford to do, rather than lose your custom, or rather than lose the selling of his goods, and taking your ready money, which at that time he may have occasion for. in these cases, i cannot say a shopkeeper should be tied down to the literal meaning of his words in the price he asks, or that he is guilty of lying in not adhering stiffly to the letter of his first demand; though, at the same time, i would have every tradesman take as little liberty that way as may be: and if the buyer would expect the tradesman should keep strictly to his demand, he should not stand and haggle, and screw the shopkeeper down, bidding from one penny to another, to a trifle within his price, so, as it were, to push him to the extremity, either to turn away his customer for a sixpence, or some such trifle, or to break his word: as if he would say, i will force you to speak falsely, or turn me away for a trifle. in such cases, if, indeed, there is a breach, the sin is the buyer's: at least, he puts himself in the devil's stead, and makes himself both tempter and accuser; nor can i say that the seller is in that case so much to blame as the buyer. however, it were to be wished that on both sides buying and selling might be carried on without it; for the buyer as often says, 'i won't give a farthing more,' and yet advances, as the seller says, 'i can't abate a farthing,' and yet complies. these are, as i call them, _trading lies_; and it were to be wished they could be avoided on both sides; and the honest tradesman does avoid them as much as possible, but yet must not, i say, in all cases, be tied up to the strict, literal sense of that expression, _i cannot abate_, as above.[ ] . another trading licence is that of appointing, and promising payments of money, which men in business are oftentimes forced to make, and forced to break, without any scrupple; nay, and without any reproach upon their integrity. let us state this case as clearly as we can, and see how it stands as to the morality of it, for that is the point in debate. the credit usually given by one tradesman to another, as particularly by the merchant to the wholesale-man, and by the wholesale-man to the retailer, is such, that, without tying the buyer up to a particular day of payment, they go on buying and selling, and the buyer pays money upon account, as his convenience admits, and as the seller is content to take it. this occasions the merchant, or the wholesale-man, to go about, as they call it, _a-dunning_ among their dealers, and which is generally the work of every saturday. when the merchant comes to his customer the wholesale-man, or warehouse-keeper, for money, he tells him, 'i have no money, sir; i cannot pay you now; if you call next week, i will pay you.' next week comes, and the merchant calls again; but it is the same thing, only the warehouseman adds, 'well, i will pay you next week, _without fail.'_ when the week comes, he tells him he has met with great disappointments, and he knows not what to do, but desires his patience another week: and when the other week comes, perhaps he pays him, and so they go on. now, what is to be said for this? in the first place, let us look back to the occasion. this warehouse-keeper, or wholesale-man, sells the goods which he buys of the merchant--i say, he sells them to the retailers, and it is for that reason i place it first there. now, as they buy in smaller quantities than he did of the merchant, so he deals with more of them in number, and he goes about among them the same saturday, to get in money that he may pay his merchant, and he receives his bag full of promises, too, every where instead of money, and is put off from week to week, perhaps by fifty shopkeepers in a day; and their serving him thus obliges him to do the same to the merchant. again, come to the merchant. except some, whose circumstances are above it, they are by this very usage obliged to put off the blackwell-hall factor, or the packer, or the clothier, or whoever they deal with, in proportion; and thus promises go round for payment, and those promises are kept or broken as money comes in, or as disappointments happen; and all this while there is no breach of honesty, or parole; no lying, or supposition of it, among the tradesmen, either on one side or other. but let us come, i say, to the morality of it. to break a solemn promise is a kind of prevarication; that is certain, there is no coming off of it; and i might enlarge here upon the first fault, namely, of making the promise, which, say the strict objectors, they should not do. but the tradesman's answer is this: all those promises ought to be taken as they are made--namely, with a contingent dependence upon the circumstances of trade, such as promises made them by others who owe them money, or the supposition of a week's trade bringing in money by retail, as usual, both of which are liable to fail, or at least to fall short; and this the person who calls for the money knows, and takes the promise with those attending casualties; which if they fail, he knows the shopkeeper, or whoever he is, must fail him too. the case is plain, if the man had the money in cash, he need not make a promise or appointment for a farther day; for that promise is no more or less than a capitulation for a favour, a desire or condition of a week's forbearance, on his assurance, that if possible he will not fail to pay him at the time. it is objected, that the words _if possible_ should then be mentioned, which would solve the morality of the case: to this i must answer, that i own i think it needless, unless the man to whom the promise was made could be supposed to believe the promise was to be performed, whether it were possible or no; which no reasonable man can be supposed to do. there is a parallel case to this in the ordinary appointment of people to meet either at place or time, upon occasions of business. two friends make an appointment to meet the next day at such a house, suppose a tavern at or near the exchange: one says to the other, 'do not fail me at that time, for i will certainly be there;' the other answers, 'i will not fail.' some people, who think themselves more religious than others, or at least would be thought so, object against these positive appointments, and tell us we ought to say, 'i will, if it pleases god.' or i will, life and health permitting;[ ] and they quote the text for it, where our saviour expressly commands to use such a caution, and which i shall say nothing to lessen the force of. but to say a word to our present custom. since christianity is the public profession of the country, and we are to suppose we not only are christians ourselves, but that all those we are talking to, or of, are also christians, we must add that christianity supposes we acknowledge that life, and all the contingencies of life, are subjected to the dominion of providence, and liable to all those accidents which god permits to befall us in the ordinary course of our living in the world, therefore we expect to be taken in that sense in all such appointments; and it is but justice to us as christians, in the common acceptation of our words, that when i say, _i will certainly_ meet my friend at such a place, and at such a time, he should understand me to mean, if it pleases god to give me life and health, or that his providence permits me to come, or, as the text says, 'if the lord will;' for we all know that unless the lord will, i cannot meet, or so much as live. not to understand me thus, is as much as to say, you do not understand me to be a christian, or to act like a christian in any thing; and on the other hand, they that understand it otherwise, i ought not to understand them to be christians. nor should i be supposed to put any neglect or dishonour upon the government of providence in the world, or to suggest that i did not think myself subjected to it, because i omitted the words in my appointment. in like manner, when a man comes to me for money, i put him off: that, in the first place, supposes i have not the money by me, or cannot spare it to pay him at that time; if it were otherwise, it may be supposed i would pay him just then. he is then perhaps impatient, and asks me when i will pay him, and i tell him at such a time. this naturally supposes, that by that time i expect to be supplied, so as to be able to pay; i have current bills, or promises of money, to be paid me, or i expect the ordinary takings in my shop or warehouse will supply me to make good my promise: thus my promise is honest in its foundation, because i have reason to expect money to come in to make me in a condition to perform it; but so it falls out, contrary to my expectation, and contrary to the reason of things, i am disappointed, and cannot do it; i am then, indeed, a trespasser upon my creditor, whom i ought to have paid, and i am under affliction enough on that account, and i suffer in my reputation for it also; but i cannot be said to be a liar, an immoral man, a man that has no regard to my promise, and the like; for at the same time i have perhaps used my utmost endeavour to do it, but am prevented by many several men breaking promise with me, and i am no way able to help myself. it is objected to this, that then i should not make my promises absolute, but conditional. to this i say, that the promises, as is above observed, are really not absolute, but conditional in the very nature of them, and are understood so when they are made, or else they that hear them do not understand them, as all human appointments ought to be understood; i do confess, it would be better not to make an absolute promise at all, but to express the condition or reserve with the promise, and say, 'i will if i can,' or, 'i will if people are just to me, and perform their promises to me.' but to this i answer, the importunity of the person who demands the payment will not permit it--nothing short of a positive promise will satisfy--they never believe the person intends to perform if he makes the least reserve or condition in his promise, though, at the same time, they know that even the nature of the promise and the reason of the promise strongly implies the condition--i say, the importunity of the creditor occasions the breach, which he reproaches the debtor with the immorality of.[ ] custom, indeed, has driven us beyond the limits of our morals in many things, which trade makes necessary, and which we cannot now avoid; so that if we must pretend to go back to the literal sense of the command; if our yea must be yea, and our nay nay; if no man must go beyond, or defraud his neighbour; if our conversation must be without covetousness, and the like--why, then, it is impossible for tradesmen to be christians, and we must unhinge all business, act upon new principles in trade, and go on by new rules--in short, we must shut up shop, and leave off trade, and so in many things we must leave off living; for as conversation is called life, we must leave off to converse: all the ordinary communication of life is now full of lying; and what with table-lies, salutation-lies, and trading-lies, there is no such thing as every man speaking truth with his neighbour. but this is a subject would launch me out beyond the bounds of a chapter, and make a book by itself. i return to the case particularly in hand--promises of payment of money. men in trade, i say, are under this unhappy necessity, they are forced to make them, and they are forced to break them; the violent pressing and dunning, and perhaps threatening too, of the creditor, when the poor shopkeeper cannot comply with his demand, forces him to promise; in short, the importunate creditor will not be otherwise put off, and the poor shopkeeper, almost worried, and perhaps a little terrified too, and afraid of him, is glad to do and say any thing to pacify him, and this extorts a promise, which, when the time comes, he is no more able to perform than he was before, and this multiplies promises, and consequently breaches, so much of which are to be placed to the accounts of force, that i must acknowledge, though the debtor is to blame, the creditor is too far concerned in the crime of it to be excused, and it were to be wished some other method could be found out to prevent the evil, and that tradesmen would resolve with more courage to resist the importunities of the creditor, be the consequence what it would, rather than break in upon their morals, and load their consciences with the reproaches of it for all their lives after. i remember i knew a tradesman, who, labouring long under the ordinary difficulties of men embarrassed in trade, and past the possibility of getting out, and being at last obliged to stop and call his people together, told me, that after he was broke, though it was a terrible thing to him at first too, as it is to most tradesmen, yet he thought himself in a new world, when he was at a full stop, and had no more the terror upon him of bills coming for payment, and creditors knocking at his door to dun him, and he without money to pay. he was no more obliged to stand in his shop, and be bullied and ruffled by his creditors, nay, by their apprentices and boys, and sometimes by porters and footmen, to whom he was forced to give good words, and sometimes strain his patience to the utmost limits: he was now no more obliged to make promises, which he knew he could not perform, and break promises as fast as he made them, and so lie continually both to god and man; and, he added, the ease of his mind which he felt upon that occasion was so great, that it balanced all the grief he was in at the general disaster of his affairs; and, farther, that even in the lowest of his circumstances which followed, he would not go back to live as he had done, in the exquisite torture of want of money to pay his bills and his duns. nor was it any satisfaction to him to say, that it was owing to the like breach of promise in the shopkeepers, and gentlemen, and people whom he dealt with, who owed him money, and who made no conscience of promising and disappointing him, and thereby drove him to the necessity of breaking his own promises; for this did not satisfy his mind in the breaches of his word, though they really drove him to the necessity of it: but that which lay heaviest upon him was the violence and clamour of creditors, who would not be satisfied without such promises, even when he knew, or at least believed, he should not be able to perform. nay, such was the importunity of one of his merchants, that when he came for money, and he was obliged to put him off, and to set him another day, the merchant would not be satisfied, unless he would swear that he would pay him on that day without fail. 'and what said you to him?' said i. 'say to him!' said he, 'i looked him full in the face, and sat me down without speaking a word, being filled with rage and indignation at him; but after a little while he insisted again, and asked me what answer i would make him, at which i smiled, and asked him, if he were in earnest? he grew angry then, and asked me if i laughed at him, and if i thought to laugh him out of his money? i then asked him, if he really did expect i should swear that i would pay him the next week, as i proposed to promise? he told me, yes, he did, and i should swear it, or pay him before he went out of my warehouse. i wondered, indeed, at the discourse, and at the folly of the merchant, who, i understood afterwards, was a foreigner; and though i thought he had been in jest at first, when he assured me he was not, i was curious to hear the issue, which at first he was loth to go on with, because he knew it would bring about all the rest; but i pressed him to know--so he told me that the merchant carried it to such a height as put him into a furious passion, and, knowing he must break some time or other, he was resolved to put an end to his being insulted in that manner; so at last he rose up in a rage, told the merchant, that as no honest man could take such an oath, unless he had the money by him to pay it, so no honest man could ask such a thing of him; and that, since he must have an answer, his answer was, he would not swear such an oath for him, nor any man living, and if he would not be satisfied without it, he might do his worst--and so turned from him; and knowing the man was a considerable creditor, and might do him a mischief, he resolved to shut up that very night, and did so, carrying all his valuable goods with him into the mint, and the next day he heard that his angry creditor waylaid him the same afternoon to arrest him, but he was too quick for him; and, as he said, though it almost broke his heart to shut up his shop, yet that being delivered from the insulting temper of his creditor, and the perpetual perplexities of want of money to pay people when they dunned him, and, above all, from the necessity of making solemn promises for trifling sums, and then breaking them again, was to him like a load taken off his back when he was weary, and could stand under it no longer; it was a terror to him, he said, to be continually lying, breaking faith with all mankind, and making promises which he could not perform. this necessarily brings me to observe here, and it is a little for the ease of the tradesman's mind in such severe cases, that there is a distinction to be made in this case between wilful premeditated lying, and the necessity men may be driven to by their disappointments, and other accidents of their circumstances, to break such promises, as they had made with an honest intention of performing them. he that breaks a promise, however solemnly made, may be an honest man, but he that makes a promise with a design to break it, or with no resolution of performing it, cannot be so: nay, to carry it farther, he that makes a promise, and does not do his endeavour to perform it, or to put himself into a condition to perform it, cannot be an honest man. a promise once made supposes the person willing to perform it, if it were in his power, and has a binding influence upon the person who made it, so far as his power extends, or that he can within the reach of any reasonable ability perform the conditions; but if it is not in his power to perform it, as in this affair of payment of money is often the case, the man cannot be condemned as dishonest, unless it can be made appear, either . that when he made the promise, he knew he should not be able to perform it; or, . that he resolved when he made the promise not to perform it, though he should be in a condition to do it. and in both these cases the morality of promising cannot be justified, any more than the immorality of not performing it. but, on the other hand, the person promising, honestly intending when he made the appointment to perform it if possible, and endeavouring faithfully to be able, but being rendered unable by the disappointment of those on whose promises he depended for the performance of his own; i cannot say that such a tradesman can be charged with lying, or with any immorality in promising, for the breach was not properly his own, but the people's on whom he depended; and this is justified from what i said before, namely, that every promise of that kind supposes the possibility of such a disappointment, even in the very nature of its making; for, if the man were not under a moral incapacity of payment, he would not promise at all, but pay at the time he promised. his promising, then, implies that he has only something future to depend upon, to capacitate him for the payment; that is to say, the appointments of payment by other tradesmen, who owe him (that promises) the money, or the daily supply from the ordinary course of his trade, suppose him a retailer in a shop, and the like; all which circumstances are subject to contingencies and disappointments, and are known to be so by the person to whom the promise is made; and it is with all those contingencies and possibilities of disappointment, that he takes or accepts the tradesman's promise, and forbears him, in hopes that he will be able to perform, knowing, that unless he receives money as above, he cannot. i must, however, acknowledge, that it is a very mortifying thing to a tradesman, whether we suppose him to be one that values his credit in trade, or his principle as to honest dealing, to be obliged to break his word; and therefore, where men are not too much under the hatches to the creditor, and they can possibly avoid it, a tradesman should not make his promises of payment so positive, but rather conditional, and thereby avoid both the immorality and the discredit of breaking his word; nor will any tradesman, i hope, harden himself in a careless forwardness to promise, without endeavouring or intending to perform, from any thing said in this chapter; for be the excuse for it as good as it will, as to the point of strict honesty, he can have but small regard to his own peace of mind, or to his own credit in trade, who will not avoid it as much as possible. footnotes: [ ] [the practice of haggling about prices is now very properly abandoned by all respectable dealers in goods, greatly to the comfort of both sellers and buyers.] [ ] [it was a fashion of trade in defoe's time, and down to a somewhat later period, to thrust the phrase 'god willing' into almost every promise or announcement, the purport of which might possibly be thwarted by death or any other accident. the phrase, in particular, appeared at the beginning of all letters in which a merchant announced his design of visiting retail dealers in the provinces; as, 'god willing, i shall have the honour of waiting on you on the th proximo:' hence english _riders_, or commercial travellers, came to be known in scotland by the nickname of god-willings.' this pious phraseology seems now to be banished from all mercantile affairs, except the shipping of goods.] [ ] [notwithstanding all this ingenious reasoning, we cannot help thinking that it would be better if conditional promises were made in conditional language. it is not necessarily to be understood in all cases that a direct unreserved promise means something conditional, so that there is a liability to being much deceived and grievously disappointed by all such promises. a sound morality certainly demands that the tradesman should use the practices described in the text as rarely, and with as much reluctance, as possible, and that, like other men, he should make his words, as nearly as may be, the echo of his thoughts.] chapter xviii of the customary frauds of trade, which honest men allow themselves to practise, and pretend to justify as there are trading lies which honest men tell, so there are frauds in trade, which tradesmen daily practise, and which, notwithstanding, they think are consistent with their being honest men. it is certainly true, that few things in nature are simply unlawful and dishonest, but that all crime is made so by the addition and concurrence of circumstances; and of these i am now to speak: and the first i take notice of, is that of taking and repassing, or putting off, counterfeit or false money. it must be confessed, that calling in the old money in the time of the late king william was an act particularly glorious to that reign, and in nothing more than this, that it delivered trade from a terrible load, and tradesmen from a vast accumulated weight of daily crime. there was scarce a shopkeeper that had not a considerable quantity or bag full of false and unpassable money; not an apprentice that kept his master's cash, but had an annual loss, which they sometimes were unable to support, and sometimes their parents and friends were called upon for the deficiency. the consequence was, that every raw youth or unskilful body, that was sent to receive money, was put upon by the cunning tradesmen, and all the bad money they had was tendered in payment among the good, that by ignorance or oversight some might possibly be made to pass; and as these took it, so they were not wanting again in all the artifice and sleight of hand they were masters of, to put it off again; so that, in short, people were made bites and cheats to one another in all their business; and if you went but to buy a pair of gloves, or stockings, or any trifle, at a shop, you went with bad money in one hand, and good money in the other, proffering first the bad coin, to get it off, if possible, and then the good, to make up the deficiency, if the other was rejected. thus, people were daily upon the catch to cheat and surprise one another, if they could; and, in short, paid no good money for anything, if they could help it. and how did we triumph, if meeting with some poor raw servant, or ignorant woman, behind a counter, we got off a counterfeit half-crown, or a brass shilling, and brought away their goods (which were worth the said half-crown or shilling, if it had been good) for a half-crown that was perhaps not worth sixpence, or for a shilling not worth a penny: as if this were not all one with picking the shopkeeper's pocket, or robbing his house! the excuse ordinarily given for this practice was this--namely, that it came to us for good; we took it, and it only went as it came; we did not make it, and the like; as if, because we had been basely cheated by a, we were to be allowed to cheat b; or that because c had robbed our house, that therefore we might go and rob d. and yet this was constantly practised at that time over the whole nation, and by some of the honestest tradesmen among us, if not by all of them. when the old money was, as i have said, called in, this cheating trade was put to an end, and the morals of the nation in some measure restored--for, in short, before that, it was almost impossible for a tradesman to be an honest man; but now we begin to fall into it again, and we see the current coin of the kingdom strangely crowded with counterfeit money again, both gold and silver; and especially we have found a great deal of counterfeit foreign money, as particularly portugal and spanish gold, such as moydores and spanish pistoles, which, when we have the misfortune to be put upon with them, the fraud runs high, and dips deep into our pockets, the first being twenty-seven shillings, and the latter seventeen shillings. it is true, the latter being payable only by weight, we are not often troubled with them; but the former going all by tale, great quantities of them have been put off among us. i find, also, there is a great increase of late of counterfeit money of our own coin, especially of shillings, and the quantity increasing, so that, in a few years more, if the wicked artists are not detected, the grievance may be in proportion as great as it was formerly, and perhaps harder to be redressed, because the coin is not likely to be any more called in, as the old smooth money was. what, then, must be done? and how must we prevent the mischief to conscience and principle which lay so heavy upon the whole nation before? the question is short, and the answer would be as short, and to the purpose, if people would but submit to the little loss that would fall upon them at first, by which they would lessen the weight of it as they go on, as it would never increase to such a formidable height as it was at before, nor would it fall so much upon the poor as it did then. first, i must lay it down as a stated rule or maxim, in the moral part of the question--that to put off counterfeit base money for good money, knowing it to be counterfeit, is dishonest and knavish. nor will it take off from the crime of it, or lessen the dishonesty, to say, 'i took it for good and current money, and it goes as it comes;' for, as before, my having been cheated does not authorise me to cheat any other person, so neither was it a just or honest thing in that person who put the bad money upon me, if they knew it to be bad; and if it were not honest in them, how can it be so in me? if, then, it came by knavery, it should not go by knavery--that would be, indeed, to say, it goes as it comes, in a literal sense; that is to say, it came by injustice, and i shall make it go so: but that will not do in matters of right and wrong. the laws of our country, also, are directly against the practice; the law condemns the coin as illegal--that is to say, it is not current money, or, as the lawyers style it, it is not lawful money of england. now, every bargain or agreement in trade, is in the common and just acceptation, and the language of trade, made for such a price or rate, in the current money of england; and though you may not express it in words at length, it is so understood, as much as if it were set down in writing. if i cheapen any thing at a shop, suppose it the least toy or trifle, i ask them, 'what must you have for it?' the shopkeeper answers--so much; suppose it were a shilling, what is the english but this--one shilling of lawful money of england? and i agree to give that shilling; but instead of it give them a counterfeit piece of lead or tin, washed over, to make it look like a shilling. do i pay them what i bargained for? do i give them one shilling of lawful money of england? do i not put a cheat upon them, and act against justice and mutual agreement? to say i took this for the lawful money of england, will not add at all, except it be to the fraud; for my being deceived does not at all make it be lawful money: so that, in a word, there can be nothing in that part but increasing the criminal part, and adding one knave more to the number of knaves which the nation was encumbered with before. the case to me is very clear, namely, that neither by law, justice, nor conscience, can the tradesman put off his bad money after he has taken it, if he once knows it to be false and counterfeit money. that it is against the law is evident, because it is not good and lawful money of england; it cannot be honest, because you do not pay in the coin you agreed for, or perform the bargain you made, or pay in the coin expected of you; and it is not just, because you do not give a valuable consideration for the goods you buy, but really take a tradesman's goods away, and return dross and dirt to him in the room of it. the medium i have to propose in the room of this, is, that every man who takes a counterfeit piece of money, and knows it to be such, should immediately destroy it--that is to say, destroy it as money, cut it in pieces; or, as i have seen some honest tradesmen do, nail it up against a post, so that it should go no farther. it is true, this is sinking so much upon himself, and supporting the credit of the current coin at his own expense, and he loses the whole piece, and this tradesmen are loth to do: but my answer is very clear, that thus they ought to do, and that sundry public reasons, and several public benefits, would follow to the public, in some of which he might have his share of benefit hereafter, and if he had not, yet he ought to do it. first, by doing thus, he puts a stop to the fraud--that piece of money is no more made the instrument to deceive others, which otherwise it might do; and though it is true that the loss is only to the last man, that is to say, in the ordinary currency of the money, yet the breach upon conscience and principle is to every owner through whose hands that piece of money has fraudulently passed, that is to say, who have passed it away for good, knowing it to be counterfeit; so that it is a piece of good service to the public to take away the occasion and instrument of so much knavery and deceit. secondly, he prevents a worse fraud, which is, the buying and selling such counterfeit money. this was a very wicked, but open trade, in former days, and may in time come to be so again: fellows went about the streets, crying '_brass money, broken or whole;'_ that is to say, they would give good money for bad. it was at first pretended that they were obliged to cut it in pieces, and if you insisted upon it, they would cut it in pieces before your face; but they as often got it without that ceremony, and so made what wicked shifts they could to get it off again, and many times did put it off for current money, after they had bought it for a trifle. thirdly, by this fraud, perhaps, the same piece of money might, several years after, come into your hands again, after you had sold it for a trifle, and so you might lose by the same shilling two or three times over, and the like of other people; but if men were obliged to demolish all the counterfeit money they take, and let it go no farther, they they would be sure the fraud could go no farther, nor would the quantity be ever great at a time; for whatever quantity the false coiners should at any time make, it would gradually lessen and sink away, and not a mass of false and counterfeit coin appear together, as was formerly the case, and which lost the nation a vast sum of money to call in. it has been the opinion of some, that a penalty should be inflicted upon those who offered any counterfeit money in payment; but besides that, there is already a statute against uttering false money, knowing it to be such. if any other or farther law should be made, either to enforce the statute, or to have new penalties added, they would still fall into the same difficulties as in the act. . that innocent men would suffer, seeing many tradesmen may take a piece of counterfeit money in tale with other money, and really and _bona fide_ not know it, and so may offer it again as innocently as they at first took it ignorantly; and to bring such into trouble for every false shilling which they might offer to pay away without knowing it, would be to make the law be merely vexatious and tormenting to those against whom it was not intended, and at the same time not to meddle with the subtle crafty offender whom it was intended to punish, and who is really guilty. . such an act would be difficultly executed, because it would still be difficult to know who did knowingly utter false money, and who did not; which is the difficulty, indeed, in the present law--so that, upon the whole, such a law would no way answer the end, nor effectually discover the offender, much less suppress the practice. but i am not upon projects and schemes--it is not the business of this undertaking. but a general act, obliging all tradesmen to suppress counterfeit money, by refusing to put it off again, after they knew it to be counterfeit, and a general consent of tradesmen to do so; this would be the best way to put a stop to the practice, the morality of which is so justly called in question, and the ill consequences of which to trade are so very well known; nor will any thing but a universal consent of tradesmen, in the honest suppressing of counterfeit money, ever bring it to pass. in the meantime, as to the dishonesty of the practice, however popular it is grown at this time, i think it is out of question; it can have nothing but custom to plead for it, which is so far from an argument, that i think the plea is criminal in itself, and really adds to its being a grievance, and calls loudly for a speedy redress. another trading fraud, which, among many others of the like nature, i think worth speaking of, is the various arts made use of by tradesmen to set off their goods to the eye of the ignorant buyer. i bring this in here, because i really think it is something of kin to putting off counterfeit money; every false gloss put upon our woollen manufactures, by hot-pressing, folding, dressing, tucking, packing, bleaching, &c, what are they but washing over a brass shilling to make it pass for sterling? every false light, every artificial side-window, sky-light, and trunk-light we see made to show the fine hollands, lawns, cambrics, &c. to advantage, and to deceive the buyer--what is it but a counterfeit coin to cheat the tradesman's customers?--an _ignis fatuus_ to impose upon fools and ignorant people, and make their goods look finer than they are? but where in trade is there any business entirely free from these frauds? and how shall we speak of them, when we see them so universally made use of? either they are honest, or they are not. if they are not, why do we, i say, universally make use of them?--if they are honest, why so much art and so much application to manage them, and to make goods appear fairer and finer to the eye than they really are?--which, in its own nature, is evidently a design to cheat, and that in itself is criminal, and can be no other. and yet there is much to be said for setting goods out to the best advantage too; for in some goods, if they are not well dressed, well pressed, and packed, the goods are not really shown in a true light; many of our woollen manufactures, if brought to market rough and undressed, like a piece of cloth not carried to the fulling or thicking mill, it does not show itself to a just advantage, nay, it does not show what it really is; and therefore such works as may be proper for so far setting it forth to the eye may be necessary. for example: the cloths, stuffs, serges, druggets, &c, which are brought to market in the west and northern parts of england, and in norfolk, as they are bought without the dressing and making up, it may be said of them that they are brought to market unfinished, and they are bought there again by the wholesale dealers, or cloth-workers, tuckers, and merchants, and they carry them to their warehouses and workhouses, and there they go through divers operations again, and are finished for the market; nor, indeed, are they fit to be shown till they are so; the stuffs are in the grease, the cloth is in the oil, they are rough and foul, and are not dressed, and consequently not finished; and as our buyers do not understand them till they are so dressed, it is no proper finishing the goods to bring them to market before--they are not, indeed, properly said to be made till that part is done. therefore i cannot call all those setting-out of goods to be knavish and false; but when the goods, like a false shilling, are to be set out with fraud and false colours, and made smooth and shining to delude the eye, there, where they are so, it is really a fraud; and though in some cases it extremely differs, yet that does not excuse the rest by any means. the packers and hot-pressers, tuckers, and cloth-workers, are very necessary people in their trades, and their business is to set goods off to the best advantage; but it may be said, too, that their true and proper business is to make the goods show what really they are, and nothing else. it is true, as above, that in the original dress, as a piece of cloth or drugget, or stuff, comes out of the hand of the maker, it does not show itself as it really is, nor what it should and ought to show: thus far these people are properly called finishers of the manufactures, and their work is not lawful only, but it is a doing justice to the manufacture. but if, by the exuberances of their art, they set the goods in a false light, give them a false gloss, a finer and smoother surface than really they have: this is like a painted jade, who puts on a false colour upon her tawny skin to deceive and delude her customers, and make her seem the beauty which she has no just claim to the name of. so far as art is thus used to show these goods to be what they really are not, and deceive the buyer, so far it is a trading fraud, which is an unjustifiable practice in business, and which, like coining of counterfeit money, is making goods to pass for what they really are not; and is done for the advantage of the person who puts them off, and to the loss of the buyer, who is cheated and deceived by the fraud. the making false lights, sky-lights, trunks, and other contrivances, to make goods look to be what they are not, and to deceive the eye of the buyer, these are all so many brass shillings washed over, in order to deceive the person who is to take them, and cheat him of his money; and so far these false lights are really criminal, they are cheats in trade, and made to deceive the world; to make deformity look like beauty, and to varnish over deficiencies; to make goods which are ordinary in themselves appear fine; to make things which are ill made look well; in a word, they are cheats in themselves, but being legitimated by custom, are become a general practice; the honestest tradesmen have them, and make use of them; the buyer knows of it, and suffers himself to be so imposed upon; and, in a word, if it be a cheat, as no doubt it is, they tell us that yet it is a universal cheat, and nobody trades without it; so custom and usage make it lawful, and there is little to be said but this, _si populus vult decepi, decipiatur_--if the people will be cheated, let them be cheated, or they shall be cheated. i come next to the setting out their goods to the buyer by the help of their tongue; and here i must confess our _shop rhetoric_ is a strange kind of speech; it is to be understood in a manner by itself; it is to be taken, not in a latitude only, but in such a latitude as indeed requires as many flourishes to excuse it, as it contains flourishes in itself. the end of it, indeed, is corrupt, and it is also made up of a corrupt composition; it is composed of a mass of rattling flattery to the buyer, and that filled with hypocrisy, compliment, self-praises, falsehood, and, in short, a complication of wickedness; it is a corrupt means to a vicious end: and i cannot see any thing in it but what a wise man laughs at, a good man abhors, and any man of honesty avoids as much as possible. the shopkeeper ought, indeed, to have a good tongue, but he should not make a common prostitute of his tongue, and employ it to the wicked purpose of abusing and imposing upon all that come to deal with him. there is a modest liberty, which trading licence, like the poetic licence, allows to all the tradesmen of every kind: but tradesmen ought no more to lie behind the counter, than the parsons ought to talk treason in the pulpit. let them confine themselves to truth, and say what they will. but it cannot be done; a talking rattling mercer, or draper, or milliner, behind his counter, would be worth nothing if he should confine himself to that mean silly thing called _truth_--they must lie; it is in support of their business, and some think they cannot live without it; but i deny that part, and recommend it, i mean to the tradesmen i am speaking of, to consider what a scandal it is upon trade, to pretend to say that a tradesman cannot live without lying, the contrary to which may be made appear in almost every article. on the other hand, i must do justice to the tradesmen, and must say, that much of it is owing to the buyers--they begin the work, and give the occasion. it was the saying of a very good shopman once upon this occasion, 'that their customers would not be pleased without lying; and why,' said he, 'did solomon reprove the buyer?--he said nothing to the shopkeeper--"it is naught, it is naught," says the buyer; "but when he goes away, then he boasteth" (prov. xx. .) the buyer telling us,' adds he, 'that every thing is worse than it is, forces us, in justifying its true value, to tell them it is better than it is.' it must be confessed, this verbose way of trading is most ridiculous, as well as offensive, both in buyer and seller; and as it adds nothing to the goodness or value of the goods, so, i am sure, it adds nothing to the honesty or good morals of the tradesman, on one side or other, but multiplies trading-lies on every side, and brings a just reproach on the integrity of the dealer, whether he be the buyer or seller. it was a kind of a step to the cure of this vice in trade, for such it is, that there was an old office erected in the city of london, for searching and viewing all the goods which were sold in bulk, and could not be searched into by the buyer--this was called _garbling_; and the garbler having viewed the goods, and caused all damaged or unsound goods to be taken out, set his seal upon the case or bags which held the rest, and then they were vouched to be marketable, so that when the merchant and the shopkeeper met to deal, there was no room for any words about the goodness of the wares; there was the garbler's seal to vouch that they were marketable and good, and if they were otherwise, the garbler was answerable. this respected some particular sorts of goods only, and chiefly spices and drugs, and dye-stuffs, and the like. it were well if some other method than that of a rattling tongue could be found out, to ascertain the goodness and value of goods between the shopkeeper and the retail buyer, that such a flux of falsehoods and untruths might be avoided, as we see every day made use of to run up and run down every thing that is bought or sold, and that without any effect too; for, take it one time with another, all the shopkeeper's lying does not make the buyer like the goods at all the better, nor does the buyer's lying make the shopkeeper sell the cheaper. it would be worth while to consider a little the language that passes between the tradesman and his customer over the counter, and put it into plain homespun english, as the meaning of it really imports. we would not take that usage if it were put into plain words--it would set all the shopkeepers and their customers together by the ears, and we should have fighting and quarrelling, instead of bowing and curtseying, in every shop. let us hark a little, and hear how it would sound between them. a lady comes into a mercer's shop to buy some silks, or to the laceman's to buy silver laces, or the like; and when she pitches upon a piece which she likes, she begins thus: _lady_.--i like that colour and that figure well enough, but i don't like the silk--there is no substance in it. _mer._--indeed, madam, your ladyship lies--it is a very substantial silk. _lady_.-no, no! you lie indeed, sir; it is good for nothing; it will do no service. _mer._--pray, madam, feel how heavy it is; you will find it is a lie; the very weight of it may satisfy you that you lie, indeed, madam. _lady_.--come, come, show me a better piece; i am sure you have better. _mer._--indeed, madam, your ladyship lies; i may show you more pieces, but i cannot show you a better; there is not a better piece of silk of that sort in london, madam. _lady_.--let me see that piece of crimson there. _mer._--here it is, madam. _lady_.--no, that won't do neither; it is not a good colour. _mer_.--indeed, madam, you lie; it is as fine a colour as can be dyed. _lady_.--oh fy! you lie, indeed, sir; why, it is not in grain. _mer_.--your ladyship lies, upon my word, madam; it is in grain, indeed, and as fine as can be dyed. i might make this dialogue much longer, but here is enough to set the mercer and the lady both in a flame, and to set the shop in an uproar, if it were but spoken out in plain language, as above; and yet what is all the shop-dialect less or more than this? the meaning is plain--it is nothing but _you lie_, and _you lie_--downright billingsgate, wrapped up in silk and satin, and delivered dressed finely up in better clothes than perhaps it might come dressed in between a carman and a porter. how ridiculous is all the tongue-padding flutter between miss tawdry, the sempstress, and tattle, my lady's woman, at the change-shop, when the latter comes to buy any trifle! and how many lies, indeed, creep into every part of trade, especially of retail trade, from the meanest to the uppermost part of business!--till, in short, it is grown so scandalous, that i much wonder the shopkeepers themselves do not leave it off, for the mere shame of its simplicity and uselessness. but habits once got into use are very rarely abated, however ridiculous they are; and the age is come to such a degree of obstinate folly, that nothing is too ridiculous for them, if they please but to make a custom of it. i am not for making my discourse a satire upon the shopkeepers, or upon their customers: if i were, i could give a long detail of the arts and tricks made use of behind the counter to wheedle and persuade the buyer, and manage the selling part among shopkeepers, and how easily and dexterously they draw in their customers; but this is rather work for a ballad and a song: my business is to tell the complete tradesman how to act a wiser part, to talk to his customers like a man of sense and business, and not like a mountebank and his merry-andrew; to let him see that there is a way of managing behind a counter, that, let the customer be what or how it will, man or woman, impertinent or not impertinent--for sometimes, i must say, the men customers are every jot as impertinent as the women; but, i say, let them be what they will, and how they will, let them make as many words as they will, and urge the shopkeeper how they will, he may behave himself so as to avoid all those impertinences, falsehoods, follish and wicked excursions which i complain of, if he pleases. it by no means follows, that because the buyer is foolish, the seller must be so too; that because the buyer has a never-ceasing tongue, the seller must rattle as fast as she; that because she tells a hundred lies to run down his goods, he must tell another hundred to run them up; and that because she belies the goods one way, he must do the same the other way. there is a happy medium in these things. the shopkeeper, far from being rude to his customers on one hand, or sullen and silent on the other, may speak handsomely and modestly, of his goods; what they deserve, and no other; may with truth, and good manners too, set forth his goods as they ought to be set forth; and neither be wanting to the commodity he sells, nor run out into a ridiculous extravagance of words, which have neither truth of fact nor honesty of design in them. nor is this middle way of management at all less likely to succeed, if the customers have any share of sense in them, or the goods he shows any merit to recommend them; and i must say, i believe this grave middle way of discoursing to a customer, is generally more effectual, and more to the purpose, and more to the reputation of the shopkeeper, than a storm of words, and a mouthful of common, shop-language, which makes a noise, but has little in it to plead, except to here and there a fool that can no otherwise be prevailed with. it would be a terrible satire upon the ladies, to say that they will not be pleased or engaged either with good wares or good pennyworths, with reasonable good language, or good manners, but they must have the addition of long harangues, simple, fawning, and flattering language, and a flux of false and foolish words, to set off the goods, and wheedle them in to lay out their money; and that without these they are not to be pleased. but let the tradesman try the honest part, and stand by that, keeping a stock of fashionable and valuable goods in his shop to show, and i dare say he will run no venture, nor need he fear customers; if any thing calls for the help of noise, and rattling words, it must be mean and sorry, unfashionable, and ordinary goods, together with weak and silly buyers; and let the buyers that chance to read this remember, that whenever they find the shopkeeper begins his noise, and makes his fine speeches, they ought to suppose he (the shopkeeper) has trash to bring out, and believes he has fools to show it to. chapter xix of fine shops, and fine shows it is a modern custom, and wholly unknown to our ancestors, who yet understood trade, in proportion to the trade they carried on, as well as we do, to have tradesmen lay out two-thirds of their fortune in fitting up their shops. by fitting up, i do not mean furnishing their shops with wares and goods to sell--for in that they came up to us in every particular, and perhaps went beyond us too--but in painting and gilding, fine shelves, shutters, boxes, glass-doors, sashes, and the like, in which, they tell us now, it is a small matter to lay out two or three hundred pounds, nay, five hundred pounds, to fit up a pastry-cook's, or a toy-shop. the first inference to be drawn from this must necessarily be, that this age must have more fools than the last: for certainly fools only are most taken with shows and outsides. it is true, that a fine show of goods will bring customers; and it is not a new custom, but a very old one, that a new shop, very well furnished, goes a great way to bringing a trade; for the proverb was, and still is, very true, that every body has a penny for a new shop; but that a fine show of shelves and glass-windows should bring customers, that was never made a rule in trade till now. and yet, even now, i should not except so much against it, if it were not carried on to such an excess, as is too much for a middling tradesman to bear the expense of. in this, therefore, it is made not a grievance only, but really scandalous to trade; for now, a young beginner has such a tax upon him before he begins, that he must sink perhaps a third part, nay, a half part, of his stock, in painting and gilding, wainscoting and glazing, before he begins to trade, nay, before he can open his shop. as they say of building a watermill, two-thirds of the expense lies under the water; and when the poor tradesman comes to furnish his shop, and lay in his stock of goods, he finds a great hole made in his cash to the workmen, and his show of goods, on which the life of his trade depends, is fain to be lessened to make up his show of boards, and glass to lay them in. nor is this heavy article to be abated upon any account; for if he does not make a good show, he comes abroad like a mean ordinary fellow, and nobody of fashion comes to his shop; the customers are drawn away by the pictures and painted shelves, though, when they come there, they are not half so well filled as in other places, with goods fit for a trade; and how, indeed, should it be otherwise? the joiners and painters, glaziers and carvers, must have all ready money; the weavers and merchants may give credit; their goods are of so much less moment to the shopkeeper, that they must trust; but the more important show must be finished first, and paid first; and when that has made a deep hole in the tradesman's stock, then the remainder may be spared to furnish the shop with goods, and the merchant must trust for the rest. it will hardly be believed in ages to come, when our posterity shall be grown wiser by our loss, and, as i may truly say, at our expense, that a pastry-cook's shop, which twenty pounds would effectually furnish at a time, with all needful things for sale, nay, except on an extraordinary show, as on twelfth-day at night for cakes, or upon some great feast, twenty pounds can hardly be laid out at one time in goods for sale, yet that fitting up one of these shops should cost upwards of £ in the year --let the year be recorded--the fitting up to consist of the following particulars:-- . sash windows, all of looking-glass plates, inches by inches in measure. . all the walls of the shop lined up with galley-tiles, and the back shop with galley-tiles in panels, finely painted in forest-work and figures. . two large pier looking-glasses and one chimney glass in the shop, and one very large pier-glass seven feet high in the back shop. . two large branches of candlesticks, one in the shop, and one in the back room. . three great glass lanterns in the shop, and eight small ones. . twenty-five sconces against the wall, with a large pair of silver standing candlesticks in the back room, value £ . . six fine large silver salvers to serve sweetmeats. . twelve large high stands of rings, whereof three silver, to place small dishes for tarts, jellies, &c., at a feast. . painting the ceiling, and gilding the lanterns, the sashes, and the carved work, £ . these, with some odd things to set forth the shop, and make a show, besides small plate, and besides china basins and cups, amounted to, as i am well informed, above £ . add to this the more necessary part, which was:-- . building two ovens, about £ . . twenty pounds in stock for pies, cheese-cakes, &c. so that, in short, here was a trade which might be carried on for about £ or £ stock, required £ expenses to fit up the shop, and make a show to invite customers. i might give something of a like example of extravagance in fitting up a cutler's shop, _anglicé_ a toyman, which are now come up to such a ridiculous expense, as is hardly to be thought of without the utmost contempt: let any one stop at the temple, or at paul's corner, or in many other places. as to the shops of the more considerable trades, they all bear a proportion of the humour of the times, but do not call for so loud a remark. leaving, therefore, the just reflection which such things call for, let me bring it home to the young tradesman, to whom i am directing this discourse, and to whom i am desirous to give solid and useful hints for his instruction, i would recommend it to him to avoid all such needless expenses, and rather endeavour to furnish his shop with goods, than to paint and gild it over, to make it fine and gay; let it invite customers rather by the well-filled presses and shelves, and the great choice of rich and fashionable goods, that one customer being well-served may bring another; and let him study to bring his shop into reputation for good choice of wares, and good attendance on his customers; and this shall bring a throng to him much better, and of much better people, than those that go in merely for a gay shop. let the shop be decent and handsome, spacious as the place will allow, and let something like the face of a master be always to be seen in it; and, if possible, be always busy, and doing something in it, that may look like being employed: this takes as much with the wiser observers of such things, as any other appearance can do. i have heard of a young apothecary, who setting up in a part of the town, where he had not much acquaintance, and fearing much whether he should get into business, hired a man acquainted with such business, and made him be every morning between five and six, and often late in the evenings, working very hard at the great mortar; pounding and beating, though he had nothing to do with it, but beating some very needless thing, that all his neighbours might hear it, and find that he was in full employ, being at work early and late, and that consequently he must be a man of vast business, and have a great practice: and the thing was well laid, and took accordingly; for the neighbours, believing he had business, brought business to him; and the reputation of having a trade, made a trade for him. the observation is just: a show may bring some people to a shop, but it is the fame of business that brings business; and nothing raises the fame of a shop like its being a shop of good trade already; then people go to it, because they think other people go to it, and because they think there is good choice of goods; their gilding and painting may go a little way, but it is the having a shop well filled with goods,[ ] having good choice to sell, and selling reasonable--these are the things that bring a trade, and a trade thus brought will stand by you and last; for fame of trade brings trade anywhere. it is a sign of the barrenness of the people's fancy, when they are so easily taken with shows and outsides of things. never was such painting and gilding, such sashings and looking-glasses among the shopkeepers, as there is now; and yet trade flourished more in former times by a gread deal that it does now, if we may believe the report of very honest and understanding men. the reason, i think, cannot be to the credit of the present age, nor it it to the discredit of the former; for they carried on their trade with less gaiety, and with less expense, than we do now.[ ] my advice to a young tradesman is to keep the safe middle between these extremes; something the times must be humoured in, because fashion and custom must be followed; but let him consider the depth of his stock, and not lay out half his estate upon fitting up his shop, and then leave but the other half to furnish it; it is much better to have a full shop, than a fine shop; and a hundred pounds in goods will make a much better show than a hundred pounds' worth of painting and carved work; it is good to make a show, but not to be _all show._ it is true, that painting and adorning a shop seems to intimate, that the tradesman has a large stock to begin with, or else they suggest he would not make such a show; hence the young shopkeepers are willing to make a great show, and beautify, and paint, and gild, and carve, because they would be thought to have a great stock to begin with; but let me tell you, the reputation of having a great stock is ill purchased, when half your stock is laid out to make the world believe it; that is, in short, reducing yourself to a small stock to have the world believe you have a great one; in which you do no less than barter the real stock for the imaginary, and give away your stock to keep the name of it only. i take this indeed to be a french humour, or a spice of it turned english; and, indeed, we are famous for this, that when we do mimic the french, we generally do it to our hurt, and over-do the french themselves. the french nation are eminent for making a fine outside, when perhaps within they want necessaries; and, indeed, a gay shop and a mean stock is something like the frenchman with his laced ruffles, without a shirt. i cannot but think a well-furnished shop with a moderate outside is much better to a tradesman, than a fine shop and few goods; i am sure it will be much more to his satisfaction, when he casts up his year's account, for his fine shop will weigh but sorrily in his account of profit and loss; it is all a dead article; it is sunk out of his first money, before he makes a shilling profit, and may be some years a-recovering, as trade may go with him. it is true that all these notions of mine in trade are founded upon the principle of frugality and good husbandry; and this is a principle so disagreeable to the times, and so contrary to the general practice, that we shall find very few people to whom it is agreeable. but let me tell my young tradesmen, that if they must banish frugality and good husbandry, they must at the same time banish all expectation of growing rich by their trade. it is a maxim in commerce, that money gets money, and they that will not frugally lay up their gain, in order to increase their gain, must not expect to gain as they might otherwise do; frugality may be out of fashion among the gentry, but if it comes to be so among tradesmen, we shall soon see that wealthy tradesmen will be hard to find; for they who will not save as well as gain, must expect to go out of trade as lean as they began. some people tell us indeed in many cases, especially in trade, that putting a good face upon things goes as far as the real merit of the things themselves; and that a fine, painted, gilded shop, among the rest, has a great influence upon the people, draws customers, and brings trade; and they run a great length in this discourse by satirising on the blindness and folly of mankind, and how the world are to be taken in their own way; and seeing they are to be deluded and imposed upon in such an innocent way, they ought to be so far deluded and imposed upon, alluding to the old proverbial saying, '_si populus vult decipi, decipiatur;' _that it is no fraud, no crime, and can neither be against conscience, nor prudence; for if they are pleased with a show, why should they not have it? and the like. this way of talking is indeed plausible; and were the fact true, there might be more in it than i think there is. but i do not grant that the world is thus to be deluded; and that the people do follow this rule in general--i mean, go always to a fine shop to lay out their money. perhaps, in some cases, it may be so, where the women, and the weakest of the sex too, are chiefly concerned; or where the fops and fools of the age resort; and as to those few, they that are willing to be so imposed upon, let them have it. but i do not see, that even this extends any farther than to a few toy-shops, and pastry-cooks; and the customers of both these are not of credit sufficient, i think, to weigh in this case: we may as well argue for the fine habits at a puppet-show and a rope-dancing, because they draw the mob about them; but i cannot think, after you go but one degree above these, the thing is of any weight, much less does it bring credit to the tradesman, whatever it may do to the shop. the credit of a tradesman respects two sorts of people, first, the merchants, or wholesale men, or makers, who sell him his goods, or the customers, who come to his shop to buy. the first of these are so far from valuing him upon the gay appearance of his shop, that they are often the first that take an offence at it, and suspect his credit upon that account: their opinion upon a tradesman, and his credit with them, is raised quite another way, namely, by his current pay, diligent attendance, and honest figure; the gay shop does not help him at all there, but rather the contrary. as to the latter, though some customers may at first be drawn by the gay appearance and fine gilding and painting of a shop, yet it is the well sorting a shop with goods, and the selling good pennyworths, that will bring trade, especially after the shop has been open some time: this, and this only, establishes the man and the credit of the shop. to conclude: the credit raised by the fine show of things is also of a different kind from the substantial reputation of a tradesman; it is rather the credit of the shop, than of the man; and, in a word, it is no more or less than a net spread to catch fools; it is a bait to allure and deceive, and the tradesman generally intends it so. he intends that the customers shall pay for the gilding and painting his shop, and it is the use he really makes of it, namely, that his shop looking like something eminent, he may sell dearer than his neighbours: who, and what kind of fools can so be drawn in, it is easy to describe, but satire is none of our business here. on the contrary, the customers, who are the substantial dependence of a tradesman's shop, are such as are gained and preserved by good usage, good pennyworths, good wares, and good choice; and a shop that has the reputation of these four, like good wine that needs no bush, needs no painting and gilding, no carved works and ornaments;[ ] it requires only a diligent master and a faithful servant, and it will never want a trade. footnotes: [ ] [in another place, the author recommends a light stock, as showing a nimble trade. there can be little doubt that he is more reasonable here. a considerable abundance of goods is certainly an attraction to a shop. no doubt, a tradesman with little capital would only be incurring certain ruin having a larger stock than he could readily pay for. he must needs keep a small stock, if he would have a chance at all of doing well in the world. but this does not make it the less an advantage to a tradesman of good capital to keep an abundant and various stock of goods.] [ ] [it is really curious to find in this chapter the same contrast drawn between the _old_ and the _new_ style of fitting up shops, and carrying on business, as would be drawn at the present day by nine out of every ten common observers. the notion that the shops of the past age were plain, while those of the present are gaudy, and that the tradesmen of a past age carried on all their business in a quiet way and with little expense, is as strongly impressed on the minds of the present generation, as it is here seen to have been on those of defoe's contemporaries, a hundred and twenty years ago, although it is quite impossible that the notion can be just in both cases. the truth probably is, that in defoe's time, and at all former times, there were conspicuous, but not very numerous, examples of finely decorated shops, which seemed, and really were, very much of a novelty, as well as a rather striking exception from the style in which such places in general were then, and had for many years been furnished. so far, however, from these proving, as defoe anticipates, a warning to future generations, the general appearance of shops has experienced a vast improvement since those days; and the third-rate class are now probably as fine as the first-rate were at no distant period. at the same time, as in the reign of the first george, we have now also a few shops fitted up in a style of extraordinary and startling elegance, and thus forming that contrast with the general appearance of shops for the last forty years, which makes old people, and many others, talk of all the past as homely and moderate, and all the present as showy and expensive.] [ ] [the author seems here to carry his objections to decoration to an extreme. good usage, good pennyworths, good wares, and good choice, are doubtless the four cardinal points of business; but a handsome shop also goes a considerable way in attracting customers, and is a principle which no prudent tradesman will despise.] chapter xx of the tradesman's keeping his books, and casting up his shop it was an ancient and laudable custom with tradesmen in england always to balance their accounts of stock, and of profit and loss, at least once every year; and generally it was done at christmas, or new-year's tide, when they could always tell whether they went backward or forward, and how their affairs stood in the world; and though this good custom is very much lost among tradesmen at this time, yet there are a great many that do so still, and they generally call it _casting up shop. _to speak the truth, the great occasion of omitting it has been from the many tradesmen, who do not care to look into things, and who, fearing their affairs are not right, care not to know how they go at all, good or bad; and when i see a tradesman that does not cast up once a-year, i conclude that tradesman to be in very bad circumstances, that at least he fears he is so, and by consequence cares not to inquire. as casting up the shop is the way to know every year whether he goes backward or forward, and is the tradesman's particular satisfaction, so he must cast up his books too, or else it will be very ominous to the tradesman's credit. now, in order to doing this effectually once a-year, it is needful the tradesman should keep his books always in order; his day-book duly posted, his cash duly balanced, and all people's accounts always fit for a view. he that delights in his trade will delight in his books; and, as i said that he that will thrive must diligently attend his shop or warehouse, and take up his delight there, so, i say now, he must also diligently keep his books, or else he will never know whether he thrives or no. exact keeping his books is one essential part of a tradesman's prosperity. the books are the register of his estate, the index of his stock. all the tradesman has in the world must be found in these three articles, or some of them:-- goods in the shop; money in cash; debts abroad. the shop will at any time show the first of these upon a small stop to cast it up; the cash-chest and bill-box will show the second at demand; and the ledger when posted will show the last; so that a tradesman can at any time, at a week's notice, cast up all these three; and then, examining his accounts, to take the balance, which is a real trying what he is worth in the world. it cannot be satisfactory to any tradesman to let his books go unsettled, and uncast up, for then he knows nothing of himself, or of his circumstances in the world; the books can tell him at any time what his condition is, and will satisfy him what is the condition of his debts abroad. in order to his regular keeping his books, several things might be said very useful for the tradesman to consider: i. every thing done in the whole circumference of his trade must be set down in a book, except the retail trade; and this is clear, if the goods are not in bulk, then the money is in cash, and so the substance will be always found either there, or somewhere else; for if it is neither in the shop, nor in the cash, nor in the books, it must be stolen and lost. ii. as every thing done must be set down in the books, so it should be done at the very time of it; all goods sold must be entered in the books before they are sent out of the house; goods sent away and not entered, are goods lost; and he that does not keep an exact account of what goes out and comes in, can never swear to his books, or prove his debts, if occasion calls for it. i am not going to set down rules here for book-keeping, or to teach the tradesman how to do it, but i am showing the necessity and usefulness of doing it at all. that tradesman who keeps no books, may depend upon it he will ere long keep no trade, unless he resolves also to give no credit. he that gives no trust, and takes no trust, either by wholesale or by retail, and keeps his cash all himself, may indeed go on without keeping any books at all; and has nothing to do, when he would know his estate, but to cast up his shop and his cash, and see how much they amount to, and that is his whole and neat estate; for as he owes nothing, so nobody is in debt to him, and all his estate is in his shop; but i suppose the tradesman that trades wholly thus, is not yet born, or if there ever were any such, they are all dead. a tradesman's books, like a christian's conscience, should always be kept clean and clear; and he that is not careful of both will give but a sad account of himself either to god or man. it is true, that a great many tradesmen, and especially shopkeepers, understand but little of book-keeping; but it is as true that they all understand something of it, or else they will make but poor work of shopkeeping. i knew a tradesman that could not write, and yet he supplied the defect with so many ingenious knacks of his own, to secure the account of what people owed him, and was so exact doing it, and then took such care to have but very short accounts with any body, that he brought up his method to be every way an equivalent to writing; and, as i often told him, with half the study and application that those things cost him, he might have learned to write, and keep books too. he made notches upon sticks for all the middling sums, and scored with chalk for lesser things. he had drawers for every particular customer's name, which his memory supplied, for he knew every particular drawer, though he had a great many, as well as if their faces had been painted upon them; he had innumerable figures to signify what he would have written, if he could; and his shelves and boxes always put me in mind of the egyptian hieroglyphics, and nobody understood them, or any thing of them, but himself. it was an odd thing to see him, when a country-chap, came up to settle accounts with him; he would go to a drawer directly, among such a number as was amazing: in that drawer was nothing but little pieces of split sticks, like laths, with chalk-marks on them, all as unintelligible as the signs of the zodiac are to an old school-mistress that teaches the horn-book and primer, or as arabic or greek is to a ploughman. every stick had notches on one side for single pounds, on the other side for tens of pounds, and so higher; and the length and breadth also had its signification, and the colour too; for they were painted in some places with one colour, and in some places with anther; by which he knew what goods had been delivered for the money: and his way of casting up was very remarkable, for he knew nothing of figures; but he kept six spoons in a place on purpose, near his counter, which he took out when he had occasion to cast up any sum, and, laying the spoons in a row before him, he counted upon them thus: one, two, three, and another, one odd spoon, and t'other | | | | | | by this he told up to six; if he had any occasion to tell any farther, he began again, as we do after the number ten in our ordinary numeration; and by this method, and running them up very quick, he would count any number under thirty-six, which was six spoons of six spoons, and then, by the strength of his head, he could number as many more as he pleased, multiplying them always by sixes, but never higher. i give this instance to show how far the application of a man's head might go to supply the defect, but principally to show (and it does abundantly show it) what an absolute necessity there is for a tradesman to be very diligent and exact in keeping his books, and what pains those who understand their business will always take to do it. this tradesman was indeed a country shopkeeper; but he was so considerable a dealer, that he became mayor of the city which he lived in (for it was a city, and that a considerable city too), and his posterity have been very considerable traders in the same city ever since, and they show their great-grandfather's six counting spoons and his hieroglyphics to this day. after some time, the old tradesman bred up two of his sons to his business, and the young men having learned to write, brought books into the counting-house, things their father had never used before; but the old man kept to his old method for all that, and would cast up a sum, and make up an account with his spoons and his drawers, as soon as they could with their pen and ink, if it were not too full of small articles, and that he had always avoided in his business. however, as i have said above, this evidently shows the necessity of book-keeping to a tradesman, and the very nature of the thing evidences also that it must be done with the greatest exactness. he that does not keep his books exactly, and so as that he may depend upon them for charging his debtors, had better keep no books at all, but, like my shopkeeper, score and notch every thing; for as books well kept make business regular, easy, and certain, so books neglected turn all into confusion, and leave the tradesman in a wood, which he can never get out of without damage and loss. if ever his dealers know that his books are ill kept, they play upon him, and impose horrid forgeries and falsities upon him: whatever he omits they catch at, and leave it out; whatever they put upon him, he is bound to yield to; so that, in short, as books well kept are the security of the tradesman's estate, and the ascertaining of his debts, so books ill kept will assist every knavish customer or chapman to cheat and deceive him. some men keep a due and exact entry or journal of all they sell, or perhaps of all they buy or sell, but are utterly remiss in posting it forward to a ledger; that is to say, to another book, where every parcel is carried to the debtor's particular account. likewise they keep another book, where they enter all the money they receive, but, as above, never keeping any account for the man; there it stands in the cash-book, and both these books must be ransacked over for the particulars, as well of goods sold, as of the money received, when this customer comes to have his account made up; and as the goods are certainly entered when sold or sent away, and the money is certainly entered when it is received, this they think is sufficient, and all the rest superfluous. i doubt not such tradesmen often suffer as much by their slothfulness and neglect of book-keeping, as might, especially if their business is considerable, pay for a book-keeper; for what is such a man's case, when his customer, suppose a country dealer, comes to town, which perhaps he does once a-year (as in the custom of other tradesmen), and desires to have his account made up? the london tradesman goes to his books, and first he rummages his day-book back for the whole year, and takes out the foot[ ] of all the parcels sent to his chapman, and they make the debtor side of the account; then he takes his cash-book, if it deserves that name, and there he takes out all the sums of money which the chapman has sent up, or bills which he has received, and these make the creditor side of the account; and so the balance is drawn out, and this man thinks himself a mighty good accountant, that he keeps his books exactly; and so perhaps he does, as far as he keeps them at all; that is to say, he never sends a parcel away to his customer, but he enters it down, and never receives a bill from him, but he sets it down when the money is paid; but now take this man and his chap, together, as they are making up this account. the chapman, a sharp clever tradesman, though a countryman, has his pocket-book with him, and in it a copy of his posting-book, so the countrymen call a ledger, where the london tradesman's accounts are copied out; and when the city tradesman has drawn out his account, he takes it to his inn and examines it by his little book, and what is the consequence? if the city tradesman has omitted any of the bills which the country tradesman has sent him up, he finds it out, and is sure to put him in mind of it. 'sir,' says he, 'you had a bill from me upon mr a.g. at such a time, for thirty pounds, and i have your letter that you received the money; but you have omitted it in the account, so that i am not so much in your debt by thirty pounds, as you thought i was.' 'say you so!' says the city tradesman; 'i cannot think but you must be mistaken.' 'no, no!' says the other, 'i am sure i can't be mistaken, for i have it in my book; besides, i can go to mr a.g., whom the bill was drawn upon, and there is, to be sure, your own endorsement upon it, and a receipt for the money.' 'well,' says the citizen, 'i keep my books as exact as any body--i'll look again, and if it be there i shall find it, for i am sure if i had it, it is in my cash-book.' 'pray do, then,' says the countryman, 'for i am sure i sent it you, and i am sure i can produce the bill, if there be occasion.' away goes the tradesman to his books, which he pretends he keeps so exact, and examining them over again, he finds the bill for thirty pounds entered fairly, but in his running the whole year over together, as well he might, he had overlooked it, whereas, if his cash-book had been duly posted every week, as it ought to have been, this bill had been regularly placed to account. but now, observe the difference: the bill for thirty pounds being omitted, was no damage to the country tradesman, because he has an account of it in his book of memorandums, and had it regularly posted in his books at home, whatever the other had, and also was able to bring sufficient proof of the payment; so the london tradesman's omission was no hurt to him. but the case differs materially in the debtor side of the account; for here the tradesman, who with all his boasts of keeping his books exactly, has yet no ledger, which being, as i have said, duly posted, should show every man's account at one view; and being done every week, left it scarce possible to omit any parcel that was once entered in the day-book or journal--i say, the tradesman keeping no ledger, he looks over his day-book for the whole year past, to draw up the debtor side of his customer's account, and there being a great many parcels, truly he overlooks one or two of them, or suppose but one of them, and gives the chapman the account, in which he sums up his debtor side so much, suppose £ , s.: the chapman examining this by his book, as he did the cash, finds two parcels, one £ , s., and the other £ , s., omitted; so that by his own book his debtor side was £ , s.; but being a cunning sharp tradesman, and withal not exceeding honest, 'well, well,' says he to himself, 'if mr g. says it is no more than £ , s. what have i to do to contradict him? it is none of my business to keep his books for him; it is time enough for me to reckon for it when he charges me.' so he goes back to him the next day, and settles accounts with him, pays him the balance in good bills which he brought up with him for that purpose, takes a receipt in full of all accounts and demands to such a day of the month, and the next day comes and looks out another parcel of goods, and so begins an account for the next year, like a current chapman, and has the credit of an extraordinary customer that pays well, and clears his accounts every year; which he had not done had he not seen the advantage, and so strained himself to pay, that he might get a receipt in full of all accounts. it happens some years after that this city tradesman dies, and his executors finding his accounts difficult to make up, there being no books to be found but a day-book and a cash-book, they get some skilful book-keeper to look into them, who immediately sees that the only way to bring the accounts to a head, is to form a ledger out of the other two, and post every body's account into it from the beginning; for though it were a long way back, there is no other remedy. in doing this, they come to this mistake, among a great many others of the like kind in other chapmen's accounts; upon this they write to the chapman, and tell him they find him debtor to the estate of the deceased in such a sum of money, and desire him to make payment. the country shopkeeper huffs them, tells them he always made up accounts with mr. g., the deceased, once a-year, as he did with all his other chapmen, and that he took his receipt in full of all accounts and demands, upon paying the balance to him at such a time; which receipt he has to show; and that he owes him nothing, or but such a sum, being the account of goods bought since. the executors finding the mistake, and how it happened, endeavour to convince him of it; but it is all one-he wants no convincing, for he knows at bottom how it is; but being a little of a knave himself, or if you please, not a little, he tells them he cannot enter into the accounts so far back--mr g. always told him he kept his books very exactly, and he trusted to him; and as he has his receipt in full, and it is so long ago, he can say nothing to it. from hence they come to quarrel, and the executors threaten him with going to law; but he bids them defiance, and insists upon his receipt in full; and besides that, it is perhaps six years ago, and so he tells them he will plead the statute of limitations upon them; and then adds, that he does not do it avoid a just debt, but to avoid being imposed upon, he not understanding books so well as mr g. pretended to do; and having balanced accounts so long ago with him, he stands by the balance, and has nothing to say to their mistakes, not he. so that, in short, not finding any remedy, they are forced to sit down by the loss; and perhaps in the course of twenty years' trade, mr g. might lose a great many such parcels in the whole; and had much better have kept a ledger; or if he did not know how to keep a ledger himself, had better have hired a book-keeper to have come once a-week, or once a-month, to have posted his day-book for him. the like misfortune attends the not balancing his cash, a thing which such book-keepers as mr g. do not think worth their trouble; nor do they understand the benefit of it. the particulars, indeed, of this article are tedious, and would be too long for a chapter; but certainly they that know any thing of the use of keeping an exact cash-book, know that, without it, a tradesman can never be thoroughly satisfied either of his own not committing mistakes, or of any people cheating him, i mean servants, or sons, or whoever is the first about him. what i call balancing his cash-book, is, first, the casting up daily, or weekly, or monthly, his receipts and payments, and then seeing what money is left in hand, or, as the usual expression of the tradesman is, what money is in cash; secondly, the examining his money, telling it over, and seeing how much he has in his chest or bags, and then seeing if it agrees with the balance of his book, that what is, and what should be, correspond. and here let me give tradesmen a caution or two. . never sit down satisfied with an error in the cash; that is to say, with a difference between the money really in the cash, and the balance in the book; for if they do not agree, there must be a mistake somewhere, and while there is a mistake in the cash, the tradesman cannot, at least he ought not to be, easy. he that can be easy with a mistake in his cash, may be easy with a gang of thieves in his house; for if his money does not come right, he must have paid something that is not set down, and that is to be supposed as bad as if it were lost; or he must have somebody about him that can find the way to his money besides himself, that is to say, somebody that should not come to it; and if so, what is the difference between that and having a gang of thieves about him?--for every one that takes money out of his cash without his leave, and without letting him know it, is so far a thief to him: and he can never pretend to balance his cash, nor, indeed, know any thing of his affairs, that does not know which way his money goes. . a tradesman endeavouring to balance his cash, should no more be satisfied if he finds a mistake in his cash one way, than another--that is to say, if he finds more in cash than by the balance of his cash-book ought to be there, than if he finds less, or wanting in cash. i know many, who, when they find it thus, sit down satisfied, and say, 'well, there is an error, and i don't know where it lies; but come, it is an error on the right hand; i have more cash in hand than i should have, that is all, so i am well enough; let it go; i shall find it some time or other.' but the tradesman ought to consider that he is quite in the dark; and as he does not really know where it lies, so, for ought he knows, the error may really be to his loss very considerably--and the case is very plain, that it is as dangerous to be over, as it would be to be under; he should, therefore, never give it over till he has found it out, and brought it to rights. for example: if there appears to be more money in the cash than there is by the balance in the cash-book, this must follow--namely, that some parcel of money must have been received, which is not entered in the book; now, till the tradesman knows what sum of money this is, that is thus not entered, how can he tell but the mistake may be quite the other way, and the cash be really wrong to his loss? thus, my cash-book being cast up for the last month, i find, by the foot of the leaf, there is cash remaining in hand to balance £ , s. d. to see if all things are right, i go and tell my money over, and there, to my surprise, i find £ , s. d. in cash, so that i have £ there more than i should have. now, far from being pleased that i have more money by me than i should have, my inquiry is plain, 'how comes this to pass?' perhaps i puzzle my head a great while about it, but not being able to find out, i sit down easy and satisfied, and say, 'well, i don't much concern myself about it; it is better to be so than £ missing; i cannot tell where it lies, but let it lie where it will, here is the money to make up the mistake when it appears.' but how foolish is this! how ill-grounded the satisfaction! and how weak am i to argue thus, and please myself with the delusion! for some months after, it appears, perhaps, that whereas there was £ entered, received of mr b.k., the figure was mistaken, and set down for a figure of , for the sum received was £ ; so that, instead of having £ more in cash than there ought to be, i have s. wanting in my cash, which my son or my apprentice stole from me when they put in the money, and made the mistake of the figures to puzzle the book, that it might be some time before it should be discovered. upon the whole, take it as a rule, the tradesman ought to be as unsatisfied when he finds a mistake to his gain in his cash, as when he finds it to his loss; and it is every whit as dangerous, nay, it is the more suspicious, because it seems to be laid as a bait for him to stop his mouth, and to prevent further inquiries; and it is on that account that i leave this caution upon record, that the tradesman may be duly alarmed. the keeping a cash-book is one of the nicest parts of a tradesman's business, because there is always the bag and the book to be brought together, and if they do not exactly speak the same language, even to a farthing, there must be some omission; and how big or how little that omission may be, who knows, or how shall it be known, but by casting and recasting up, telling, and telling over and over again, the money? if there is but twenty shillings over in the money, the question is, 'how came it there?' it must be received somewhere, and of somebody, more than is entered; and how can the cash-keeper, be he master or servant, know but more was received with it, which is not, and should have been, entered, and so the loss may be the other way? it is true, in telling money there may have been a mistake, and he that received a sum of money may have received twenty shillings too much, or five pounds too much--and such a mistake i have known to be made in the paying and receiving of money--and a man's cash has been more perplexed, and his mind more distracted about it, than the five pounds have been worth, because he could not find it out, till some accident has discovered it;[ ] and the reason is, because not knowing which way it could come there, he could not know but some omission might be made to his loss another way, as in the case above mentioned. i knew, indeed, a strong waterman, who drove a very considerable trade, but, being an illiterate tradesman, never balanced his cash-book for many years, nor scarce posted his other books, and, indeed, hardly understood how to do it; but knowing his trade was exceedingly profitable, and keeping his money all himself, he was easy, and grew rich apace, in spite of the most unjustifiable, and, indeed, the most intolerable, negligence; but lest this should be pleaded as an exception to my general rule, and to invalidate the argument, give me leave to add, that, though this man grew rich in spite of indolence, and a neglect of his book, yet, when he died, two things appeared, which no tradesman in his wits would desire should be said of him. i. the servants falling out, and maliciously accusing one another, had, as it appeared by the affidavits of several of them, wronged him of several considerable sums of money, which they received, and never brought into the books; and others, of sums which they brought into the books, but never brought into the cash; and others, of sums which they took ready money in the shop, and never set down, either the goods in the day-book, or the money into the cash-book; and it was thought, though he was so rich as not to feel it, that is, not to his hurt, yet that he lost three or four hundred pounds a-year in that manner, for the two or three last years of his life; but his widow and son, who came after him, having the discovery made to them, took better measures afterwards. ii. he never did, or could know, what he was worth, for the accounts in his books were never made up; nor when he came to die, could his executors make up any man's account, so as to be able to prove the particulars, and make a just demand of their debt, but found a prodigious number of small sums of money paid by the debtors, as by receipts in their books and on their files, some by himself, and some by his man, which were never brought to account, or brought into cash; and his man's answer being still, that he gave all to the master, they could not tell how to charge him by the master's account, because several sums, which the master himself received, were omitted being entered in the same manner, so that all was confusion and neglect; and though the man died rich, it was in spite of that management that would have made any but himself have died poor. exact book-keeping is to me the effect of a man whose heart is in his business, and who intends to thrive. he that cares not whether his books are kept well or no, is in my opinion one that does not much care whether he thrives or no; or else, being in desperate circumstances, knows it, and that he cannot, or does not thrive, and so matters not which way it goes. it is true, the neglect of the books is private and secret, and is seldom known to any body but the tradesman himself, at least till he comes to break, and be a bankrupt, and then you frequently hear them exclaim against him, upon that very account. 'break!' says one of the assignees; 'how should he but break?--why, he kept no books; you never saw books kept in such a scandalous manner in your life; why, he has not posted his cash-book, for i know not how many months; nor posted his day-book and journal at all, except here and there an account that he perhaps wanted to know the balance of; and as for balancing his cash, i don't see any thing of that done, i know not how long. why, this fellow could never tell how he went on, or how things stood with him: i wonder he did not break a long time ago.' now, the man's case was this: he knew how to keep his books well enough, perhaps, and could write well enough; and if you look into his five or six first years of trade, you find all his accounts well kept, the journal duly posted, the cash monthly balanced; but the poor man found after that, that things went wrong, that he went backwards, and that all went down-hill, and he hated to look into his books. as a profligate never looks into his conscience, because he can see nothing there but what terrifies and affrights him, makes him uneasy and melancholy, so a sinking tradesman cares not to look into his books, because the prospect there is dark and melancholy. 'what signify the accounts to me?' says he; 'i can see nothing in the books but debts that cannot pay, and debtors that will never pay; i can see nothing there but how i have trusted my estate away like a fool, and how i am to be ruined for my easiness, and being a sot:' and this makes him throw them away, and hardly post things enough to make up when folks call to pay; or if he does post such accounts as he has money to receive from, that's all, and the rest lie at random, till, as i say, the assignees come to reproach him with his negligence. whereas, in truth, the man understood his books well enough, but had no heart to look in them, no courage to balance them, because of the afflicting prospect of them. but let me here advise tradesmen to keep a perfect acquaintance with their books, though things are bad and discouraging; it keeps them in full knowledge of what they are doing, and how they really stand; and it brings them sometimes to the just reflections on their circumstances which they ought to make; so to stop in time, as i hinted before, and not let things run too far before they are surprised and torn to pieces by violence. and, at the worst, even a declining tradesman should not let his books be neglected; if his creditors find them punctually kept to the last, it will be a credit to him, and they would see he was a man fit for business; and i have known when that very thing has recommended a tradesman so much to his creditors, that after the ruin of his fortunes, some or other of them have taken him into business, as into partnership, or into employment, only because they knew him to be qualified for business, and for keeping books in particular. but if we should admonish the tradesman to an exact and regular care of his books, even in his declining fortunes, much more should it be his care in his beginning, and before any disaster has befallen him. i doubt not, that many a tradesman has miscarried by the mistakes and neglect of his books; for the losses that men suffer on that account are not easily set down; but i recommend it to a tradesman to take exact care of his books, as i would to every man to take care of his diet and temperate living, in order to their health; for though, according to some, we cannot, by all our care and caution, lengthen out life, but that every one must and shall live their appointed time,[ ] yet, by temperance and regular conduct, we may make that life more comfortable, more agreeable, and pleasant, by its being more healthy and hearty; so, though the exactest book-keeping cannot be said to make a tradesman thrive, or that he shall stand the longer in his business, because his profit and loss do not depend upon his books, or the goodness of his debts depend upon the debtor's accounts being well posted, yet this must be said, that the well keeping of his books may be the occasion of his trade being carried on with the more ease and pleasure, and the more satisfaction, by having numberless quarrels, and contentions, and law-suits, which are the plagues of a tradesman's life, prevented and avoided; which, on the contrary, often torment a tradesman, and make his whole business be uneasy to him for want of being able to make a regular proof of things by his books. a tradesman without his books, in case of a law-suit for a debt, is like a married woman without her certificate. how many times has a woman been cast, and her cause not only lost, but her reputation and character exposed, for want of being able to prove her marriage, though she has been really and honestly married, and has merited a good character all her days? and so in trade, many a debt has been lost, many an account been perplexed by the debtor, many a sum of money been recovered, and actually paid over again, especially after the tradesman has been dead, for want of hits keeping his books carefully and exactly when he was alive; by which negligence, if he has not been ruined when he was living, his widow and children have been ruined after his decease; though, had justice been done, he had left them in good circumstances, and with sufficient to support them. and this brings me to another principal reason why a tradesman should not only keep books, but be very regular and exact in keeping them in order, that is to say, duly posted, and all his affairs exactly and duly entered in his books; and this is, that if he should be surprised by sudden or unexpected sickness, or death, as many are, and as all may be, his accounts may not be left intricate and unsettled, and his affairs thereby be perplexed. next to being prepared for death, with respect to heaven and his soul, a tradesman should be always in a state of preparation for death, with respect to his books; it is in vain that he calls for a scrivener or lawyer, and makes a will, when he finds a sudden summons sent him for the grave, and calls his friends about him to divide and settle his estate; if his business is in confusion below stairs, his books out of order, and his accounts unsettled, to what purpose does he give his estate among his relations, when nobody knows where to find it? as, then, the minister exhorts us to take care of our souls, and make our peace with heaven, while we are in a state of health, and while life has no threatening enemies about it, no diseases, no fevers attending; so let me second that advice to the tradesman always to keep his books in such a posture, that if he should be snatched away by death, his distressed widow and fatherless family may know what is left for them, and may know where to look for it. he may depend upon it, that what he owes to any one they will come fast enough for, and his widow and executrix will be pulled to pieces for it, if she cannot and does not speedily pay it. why, then, should he not put her in a condition to have justice done her and her children, and to know how and of whom to seek for his just debts, that she may be able to pay others, and secure the remainder for herself and her children? i must confess, a tradesman not to leave his books in order when he dies, argues him to be either. . a very bad christian, who had few or no thoughts of death upon him, or that considered nothing of its frequent coming unexpected and sudden without warning; or, . a very unnatural relation, without the affections of a father, or a husband, or even of a friend, that should rather leave what he had to be swallowed up by strangers, than leave his family and friends in a condition to find, and to recover it. again, it is the same case as in matters religious, with respect to the doing this in time, and while health and strength remain. for, as we say very well, and with great reason, that the work of eternity should not be left to the last moments; that a death-bed is no place, and a sick languishing body no condition, and the last breath no time, for repentance; so i may add, neither are these the place, the condition, nor the time, to make up our accounts. there is no posting the books on a death-bed, or balancing the cash-book in a high fever. can the tradesman tell you where his effects lie, and to whom he has lent or trusted sums of money, or large quantities of goods, when he is delirious and light-headed? all these things must be done in time, and the tradesman should take care that his books should always do this for him, and then he has nothing to do but make his will, and dispose of what he has; and for the rest he refers them to his books, to know where every thing is to be had. footnotes: [ ] [the sum at the bottom, or _foot_, of the account.] [ ] [this reminds the editor of an amusing anecdote he has heard, illustrative of the diseased accuracy, as it may be called, of a certain existing london merchant. on reckoning up his household book one year, he found that he had expended one penny more than was accounted for, and there was accordingly an error to that extent in his reckoning. the very idea of an error, however trifling the amount, gave him great uneasiness, and he set himself with the greatest anxiety to discover, if possible, the occasion. he employed the by-hours of weeks in the vain attempt; but at length, having one day to cross waterloo bridge, where there is a pontage of a penny for foot passengers, he all at once, to his inconceivable joy, recollected having there disbursed the coin in question about a twelvemonth before.] [ ] [the correct doctrine is, we _may_ not, by our utmost care and diligence, avoid the causes of an early and premature death; but he who acts according to the rules which promote health, and avoids all things which tend to endanger it, has a much better chance of living to the natural period appointed for human life than he who acts otherwise--besides, as stated in the text, making his life more agreeable. the author's illustration would be more properly drawn if we were to say, 'the tradesman, by keeping exact accounts, may not succeed in contending against certain unfavourable circumstances, no more than the man who lives according to the just rules of nature may thereby succeed in eviting other evils that tend to cut short life; but as the temperate man is most likely to be healthy, so is the tradesman, who keeps exact accounts, most likely to thrive in business.'] chapter xxi of the tradesman letting his wife be acquainted with his business it must be acknowledged, that as this chapter seems to be written in favour of the women, it also seems to be an officious, thankless benefaction to the wives; for that, as the tradesman's ladies now manage, they are above the favour, and put no value upon it. on the contrary, the women, generally speaking, trouble not their heads about it, scorn to be seen in the counting house, much less behind the counter; despise the knowledge of their husbands' business, and act as if they were ashamed of being tradesmen's wives, and never intended to be tradesmen's widows. if this chosen ignorance of theirs comes some time or other to be their loss, and they find the disadvantage of it too late, they may read their fault in their punishment, and wish too late they had acted the humbler part, and not thought it below them to inform themselves of what it is so much their interest to know. this pride is, indeed, the great misfortune of tradesmen's wives; for, as they lived as if they were above being owned for the tradesman's wife, so, when he dies, they live to be the shame of the tradesman's widow. they knew nothing how he got his estate when he was alive, and they know nothing where to find it when he is dead. this drives them into the hands of lawyers, attorneys, and solicitors, to get in their effects; who, when they have got it, often run away with it, and leave the poor widow in a more disconsolate and perplexed condition than she was in before. it is true, indeed, that this is the women's fault in one respect, and too often it is so in many, since the common spirit is, as i observed, so much above the tradesman's condition; but since it is not so with every body, let me state the case a little for the use of those who still have ther senses about them; and whose pride is not got so much above their reason, as to let them choose to be tradesmen's beggars, rather than tradesmen's widows. when the tradesman dies, it is to be expected that what estate or effects he leaves, is, generally speaking, dispersed about in many hands; his widow, if she is left executrix, has the trouble of getting things together as well as she can; if she is not left executrix, she has not the trouble indeed, but then it is looked upon that she is dishonoured in not having the trust; when she comes to look into her affairs, she is more or less perplexed and embarrassed, as she has not or has acquainted herself, or been made acquainted, with her husband's affairs in his lifetime. if she has been one of those gay delicate ladies, that valuing herself upon her being a gentlewoman, and that thought it a step below herself, when she married this mechanic thing called a tradesman, and consequently scorned to come near his shop, or warehouse, and by consequence acquainting herself with any of his affairs,[ ] or so much as where his effects lay, which are to be her fortune for the future--i say, if this has been her case, her folly calls for pity now, as her pride did for contempt before; for as she was foolish in the first, she may be miserable in the last part of it; for now she falls into a sea of trouble, she has the satisfaction of knowing that her husband has died, as the tradesmen call it, well to pass, and that she is left well enough; but she has at the same time the mortification of knowing nothing how to get it in, or in what hands it lies. the only relief she has is her husband's books, and she is happy in that, but just in proportion to the care he took in keeping them; even when she finds the names of debtors, she knows not who they are, or where they dwell, who are good, and who are bad; the only remedy she has here, if her husband had ever a servant, or apprentice, who was so near out of his time as to be acquainted with the customers, and with the books, then she is forced to be beholden to him to settle the accounts for her, and endeavour to get in the debts; in return for which she is forced to give him his time and freedom, and let him into the trade, make him master of all the business in the world, and it may be at last, with all her pride, has to take him for a husband; and when her friends upbraid her with it, that she should marry her apprentice boy, when it may be she was old enough to be his mother, her answer is, 'why, what could i do? i see i must have been ruined else; i had nothing but what lay abroad in debts, scattered about the world, and nobody but he knew how to get them in. what could i do? if i had not done it, i must have been a beggar.' and so, it may be, _she is_ at last too, if the boy of a husband proves a brute to her, as many do, and as in such unequal matches indeed most such people do. thus, that pride which once set her above a kind, diligent, tender husband, and made her scorn to stoop to acquaint herself with his affairs, by which, had she done it, she had been tolerably qualified to get in her debts, dispose of her shop-goods, and bring her estate together--the same pride sinks her into the necessity of cringing to a scoundrel, and taking her servant to be her master. this i mention for the caution of those ladies who stoop to marry men of business, and yet despise the business they are maintained by; that marry the tradesman, but scorn the trade. if madam thinks fit to stoop to the man, she ought never to think herself above owning his employment; and as she may upon occasion of his death be left to value herself upon it, and to have at least her fortune and her children's to gather up out of it, she ought not to profess herself so unacquainted with it as not to be able to look into it when necessity obliges her. it is a terrible disaster to any woman to be so far above her own circumstances, that she should not qualify herself to make the best of things that are left her, or to preserve herself from being cheated, and being imposed upon. in former times, tradesmen's widows valued themselves upon the shop and trade, or the warehouse and trade, that were left them; and at least, if they did not carry on the trade in their own names, they would keep it up till they put it off to advantage; and often i have known a widow get from £ to £ for the good-will, as it is called, of the shop and trade, if she did not think fit to carry on the trade; if she did, the case turned the other way, namely, that if the widow did not put off the shop, the shop would put off the widow; and i may venture to say, that where there is one widow that keeps on the trade now, after a husband's decease, there were ten, if not twenty, that did it then. but now the ladies are above it, and disdain it so much, that they choose rather to go without the prospect of a second marriage, in virtue of the trade, than to stoop to the mechanic low step of carrying on a trade; and they have their reward, for they do go without it; and whereas they might in former times match infinitely to their advantage by that method, now they throw themselves away, and the trade too.[ ] but this is not the case which i particularly aim at in this chapter. if the women will act weakly and foolishly, and throw away the advantages that he puts into their hands, be that to them, and it is their business to take care of that; but i would have them have the opportunity put into their hands, and that they may make the best of it if they please; if they will not, the fault is their own. but to this end, i say, i would have every tradesman make his wife so much acquainted with his trade, and so much mistress of the managing part of it, that she might be able to carry it on if she pleased, in case of his death; if she does not please, that is another case; or if she will not acquaint herself with it, that also is another case, and she must let it alone; but he should put it into her power, or give her the offer of it. first, he should do it for her own sake, namely, as before, that she may make her advantage of it, either for disposing herself and the shop together, as is said above, or for the more readily disposing the goods, and getting in the debts, without dishonouring herself, as i have observed, and marrying her 'prentice boy, in order to take care of the effects--that is to say, ruining herself to prevent her being ruined. secondly, he should do it for his children's sake, if he has any, that if the wife have any knowledge of the business, and has a son to breed up to it, though he be not yet of age to take it up, she may keep the trade for him, and introduce him into it, that so he may take the trouble off her hands, and she may have the satisfaction of preserving the father's trade for the benefit of his son, though left too young to enter upon it at first. thus i have known many a widow that would have thought it otherwise below her, has engaged herself in her husbands's business, and carried it on, purely to bring her eldest son up to it, and has preserved it for him, and which has been an estate to him, whereas otherwise it must have been lost, and he would have had the world to seek for a new business. this is a thing which every honest affectionate mother would, or at least should, be so willing to do for a son, that she, i think, who would not, ought not to marry a tradesman at all; but if she would think herself above so important a trust for her own children, she should likewise think herself above having children by a tradesman, and marry somebody whose children she would act the mother for. but every widow is not so unnatural, and i am willing to suppose the tradesman i am writing to shall be better married, and, therefore, i give over speaking to the woman's side, and i will suppose the tradesman's wife not to be above her quality, and willing to be made acquainted with her husband's affairs, as well as to be helpful to him, if she can, as to be in a condition to be helpful to herself and her family, if she comes to have occasion. but, then, the difficulty often lies on the other side the question, and the tradesman cares not to lay open his business to, or acquaint his wife with it; and many circumstances of the tradesman draw him into this snare; for i must call it a snare both to him and to her. i. the tradesman is foolishly vain of making his wife a gentlewoman, and, forsooth, he will have her sit above in the parlour, and receive visits, and drink tea, and entertain her neighbours, or take a coach and go abroad; but as to the business, she shall not stoop to touch it; he has apprentices and journeymen, and there is no need of it. ii. some trades, indeed, are not proper for the women to meddle in, or custom has made it so, that it would be ridiculous for the women to appear in their shops; that is, such as linen and woollen drapers, mercers, booksellers, goldsmiths, and all sorts of dealers by commission, and the like--custom, i say, has made these trades so effectually shut out the women, that, what with custom, and the women's generally thinking it below them, we never, or rarely, see any women in those shops or warehouses. iii. or if the trade is proper, and the wife willing, the husband declines it, and shuts her out--and this is the thing i complain of as an unjustice upon the woman. but our tradesmen, forsooth, think it an undervaluing to them and to their business to have their wives seen in their shops--that is to say, that, because other trades do not admit them, therefore they will not have their trades or shops thought less masculine or less considerable than others, and they will not have their wives be seen in their shops. iv. but there are two sorts of husbands more who decline acquainting their wives with their business; and those are, ( .) those who are unkind, haughty, and imperious, who will not trust their wives, because they will not make them useful, that they may not value themselves upon it, and make themselves, as it were, equal to their husbands. a weak, foolish, and absurd suggestion! as if the wife were at all exalted by it, which, indeed, is just the contrary, for the woman is rather humbled and made a servant by it: or, ( .) the other sort are those who are afraid their wives should be let into the grand secret of all--namely, to know that they are bankrupt, and undone, and worth nothing. all these considerations are foolish or fraudulent, and in every one of them the husband is in the wrong--nay, they all argue very strongly for the wife's being, in a due degree, let into the knowledge of their business; but the last, indeed, especially that she may be put into a posture to save him from ruin, if it be possible, or to carry on some business without him, if he is forced to fail, and fly; as many have been, when the creditors have encouraged the wife to carry on a trade for the support of her family and children, when he perhaps may never show his head again. but let the man's case be what it will, i think he can never call it a hard shift to let his wife into an acquaintance with his business, if she desires it, and is fit for it; and especially in case of mortality, that she may not be left helpless and friendless with her children when her husband is gone, and when, perhaps, her circumstances may require it. i am not for a man setting his wife at the head of his business, and placing himself under her like a journeyman, like a certain china-seller, not far from the east india house, who, if any customers came into the shop that made a mean, sorry figure, would leave them to her husband to manage and attend them; but if they looked like quality, and people of fashion, would come up to her husband, when he was showing them his goods, putting him by with a 'hold your tongue, tom, and let me talk.' i say, it is not this kind, or part, that i would have the tradesman's wife let into, but such, and so much, of the trade only as may be proper for her, not ridiculous, in the eye of the world, and may make her assisting and helpful, not governing to him, and, which is the main thing i am at, such as should qualify her to keep up the business for herself and children, if her husband should be taken away, and she be left destitute in the world, as many are. thus much, i think, it is hard a wife should not know, and no honest tradesman ought to refuse it; and above all, it is a great pity the wives of tradesmen, who so often are reduced to great inconvenience for want of it, should so far withstand their own felicity, as to refuse to be thus made acquainted with their business, by which weak and foolish pride they expose themselves, as i have observed, to the misfortune of throwing the business away, when they may come to want it, and when the keeping it up might be the restoring of their family, and providing for their children. for, not to compliment tradesmen too much, their wives are not all ladies, nor are their children all born to be gentlemen. trade, on the contrary, is subject to contingencies; some begin poor, and end rich; others, and those very many, begin rich, and end poor: and there are innumerable circumstances which may attend a tradesman's family, which may make it absolutely necessary to preserve the trade for his children, if possible; the doing which may keep them from misery, and raise them all in the world, and the want of it, on the other hand, sinks and suppresses them. for example:-- a tradesman has begun the world about six or seven years; he has, by his industry and good understanding in business, just got into a flourishing trade, by which he clears five or six hundred pounds a-year; and if it should please god to spare his life for twenty years or more, he would certainly be a rich man, and get a good estate; but on a sudden, and in the middle of all his prosperity, he is snatched away by a sudden fit of sickness, and his widow is left in a desolate despairing condition, having five children, and big with another; but the eldest of these is not above six years old, and, though he is a boy, yet he is utterly incapable to be concerned in the business; so the trade which (had his father lived to bring him up in his shop or warehouse) would have been an estate to him, is like to be lost, and perhaps go all away to the eldest apprentice, who, however, wants two years of his time. now, what is to be done for this unhappy family? 'done!' says the widow; 'why, i will never let the trade fall so, that should be the making of my son, and in the meantime be the maintenance of all my children.' 'why, what can you do, child?' says her father, or other friends; 'you know nothing of it. mr ---- did not acquaint you with his business.' 'that is true,' says the widow; 'he did not, because i was a fool, and did not care to look much into it, and that was my fault. mr ---- did not press me to it, because he was afraid i might think he intended to put me upon it; but he often used to say, that if he should drop off before his boys were fit to come into the shop, it would be a sad loss to them--that the trade would make gentlemen of a couple of them, and it would be great pity it should go away from them.' 'but what does that signify now, child?' adds the father; 'you see it is so; and how can it be helped?' 'why,' says the widow, 'i used to ask him if he thought i could carry it on for them, if such a thing should happen?' 'and what answer did he make?' says the father. 'he shook his head,' replied the widow, 'and answered, "yes, i might, if i had good servants, and if i would look a little into it beforehand."' 'why,' says the father, 'he talked as if he had foreseen his end.' 'i think he did foresee it,' says she, 'for he was often talking thus.' 'and why did you not take the hint then,' says her father, 'and acquaint yourself a little with things, that you might have been prepared for such an unhappy circumstance, whatever might happen?' 'why, so i did,' says the widow, 'and have done for above two years past; he used to show me his letters, and his books, and i know where he bought every thing; and i know a little of goods too, when they are good, and when bad, and the prices; also i know all the country-people he dealt with, and have seen most of them, and talked with them. mr---- used to bring them up to dinner sometimes, and he would prompt my being acquainted with them, and would sometimes talk of his business with them at table, on purpose that i might hear it; and i know a little how to sell, too, for i have stood by him sometimes, and seen the customers and him chaffer with one another.' 'and did your husband like that you did so?' says the father. 'yes,' says she, 'he loved to see me do it, and often told me he did so; and told me, that if he were dead, he believed i might carry on the trade as well as he.' 'but he did not believe so, i doubt,' says the father. 'i do not know as to that, but i sold goods several times to some customers, when he has been out of the way.' 'and was he pleased with it when he came home? did you do it to his mind?' 'nay, i have served a customer sometimes when he has been in the warehouse, and he would go away to his counting-house on purpose, and say, "i'll leave you and my wife to make the bargain," and i have pleased the customer and him too.' 'well,' says the father, 'do you think you could carry on the trade?' 'i believe i could, if i had but an honest fellow of a journeyman for a year or two to write in the books, and go abroad among customers.' 'well, you have two apprentices; one of them begins to understand things very much, and seems to be a diligent lad.' 'he comes forward, indeed, and will be very useful, if he does not grow too forward, upon a supposition that i shall want him too much: but it will be necessary to have a man to be above him for a while.' 'well,' says the father, 'we will see to get you such a one.' in short, they got her a man to assist to keep the books, go to exchange, and do the business abroad, and the widow carried on the business with great application and success, till her eldest son grew up, and was first taken into the shop as an apprentice to his mother; the eldest apprentice served her faithfully, and was her journeyman four years after his time was out; then she took him in partner to one-fourth of the trade, and when her son came of age, she gave the apprentice one of her daughters, and enlarged his share to a third, gave her own son another third, and kept a third for herself to support the family. thus the whole trade was preserved, and the son and son-in-law grew rich in it, and the widow, who grew as skilful in the business as her husband was before her, advanced the fortunes of all the rest of her children very considerably. this was an example of the husband's making the wife (but a little) acquainted with his business; and if this had not been the case, the trade had been lost, and the family left just to divide what the father left; which, as they were seven of them, mother and all, would not have been considerable enough to have raised them above just the degree of having bread to eat, and none to spare. i hardly need give any examples where tradesmen die, leaving nourishing businesses, and good trades, but leaving their wives ignorant and destitute, neither understanding their business, nor knowing how to learn, having been too proud to stoop to it when they had husbands, and not courage or heart to do it when they have none. the town is so full of such as these, that this book can scarce fall into the hands of any readers but who will be able to name them among their own acquaintance. these indolent, lofty ladies have generally the mortification to see their husbands' trades catched up by apprentices or journeymen in the shop, or by other shopkeepers in the neighbourhood, and of the same business, that might have enriched them, and descended to their children; to see their bread carried away by strangers, and other families flourishing on the spoils of their fortunes. and this brings me to speak of those ladies, who, though they do, perhaps, for want of better offers, stoop to wed a trade, as we call it, and take up with a mechanic; yet all the while they are the tradesmen's wives, they endeavour to preserve the distinction of their fancied character; carry themselves as if they thought they were still above their station, and that, though they were unhappily yoked with a tradesman, they would still keep up the dignity of their birth, and be called gentlewomen; and in order to this, would behave like such all the way, whatever rank they were levelled with by the misfortune of their circumstances. this is a very unhappy, and, indeed, a most unseasonable kind of pride; and if i might presume to add a word here by way of caution to such ladies, it should be to consider, before they marry tradesmen, the great disadvantages they lay themselves under, in submitting to be a tradesman's wife, but not putting themselves in a condition to take the benefit, as well as the inconvenience of it; for while they are above the circumstances of the tradesman's wife, they are deprived of all the remedy against the miseries of a tradesman's widow; and if the man dies, and leaves them little or nothing but the trade to carry on and maintain them, they, being unacquainted with that, are undone. a lady that stoops to marry a tradesman, should consider the usage of england among the gentry and persons of distinction, where the case is thus: if a lady, who has a title of honour, suppose it be a countess, or if she were a duchess, it is all one--if, i say, she stoop to marry a private gentleman, she ceases to rank for the future as a countess, or duchess, but must be content to be, for the time to come, what her husband can entitle her to, and no other; and, excepting the courtesy of the people calling her my lady duchess, or the countess, she is no more than plain mrs such a one, meaning the name of her husband, and no other. thus, if a baronet's widow marry a tradesman in london, she is no more my lady, but plain mrs----, the draper's wife, &c. the application of the thing is thus: if the lady think fit to marry a mechanic, say a glover, or a cutler, or whatever it is, she should remember she is a glover's wife from that time, and no more; and to keep up her dignity, when fortune has levelled her circumstances, is but a piece of unseasonable pageantry, and will do her no service at all. the thing she is to inquire is, what she must do if mr----, the glover, or cutler, should die? whether she can carry on the trade afterwards, or whether she can live without it? if she find she cannot live without it, it is her prudence to consider in time, and so to acquaint herself with the trade, that she may be able to do it when she comes to it. i do confess, there is nothing more ridiculous than the double pride of the ladies of this age, with respect to marrying what they call below their birth. some ladies of good families, though but of mean fortune, are so stiff upon the point of honour, that they refuse to marry tradesmen, nay, even merchants, though vastly above them in wealth and fortune, only because they are tradesmen, or, as they are pleased to call them, though improperly, mechanics; and though perhaps they have not above £ or £ to their portion, scorn the man for his rank, who does but turn round, and has his choice of wives, perhaps, with two, or three, or four thousand pounds, before their faces. the gentlemen of quality, we see, act upon quite another foot, and, i may say, with much more judgment, seeing nothing is more frequent than when any noble family are loaded with titles and honour rather than fortune, they come down into the city, and choose wives among the merchants' and tradesmen's daughters to raise their families; and i am mistaken, if at this time we have not several duchesses, countesses, and ladies of rank, who are the daughters of citizens and tradesmen, as the duchess of bedford, of a----e, of wharton, and others; the countess of exeter, of onslow, and many more, too many to name, where it is thought no dishonour at all for those persons to have matched into rich families, though not ennobled; and we have seen many trading families lay the foundation of nobility by their wealth and opulence--as mr child, for example, afterwards sir josiah child, whose posterity by his two daughters are now dukes of beaufort and of bedford, and his grandson lord viscount castlemain, and yet he himself began a tradesman, and in circumstances very mean. but this stiffness of the ladies, in refusing to marry tradesmen, though it is weak in itself, is not near so weak as the folly of those who first do stoop to marry thus, and yet think to maintain the dignity of their birth in spite of the meanness of their fortune, and so, carrying themselves above that station in which providence has placed them, disable themselves from receiving the benefit which their condition offers them, upon any subsequent changes of their life. this extraordinary stiffness, i have known, has brought many a well-bred gentlewoman to misery and the utmost distress, whereas, had they been able to have stooped to the subsequent circumstances of life, which providence also thought fit to make their lot, they might have lived comfortably and plentifully all their days. it is certainly every lady's prudence to bring her spirit down to her condition; and if she thinks fit, or it is any how her lot to marry a tradesman, which many ladies of good families have found it for their advantage to do--i say, if it be her lot, she should take care she does not make that a curse to her, which would be her blessing, by despising her own condition, and putting herself into a posture not to enjoy it. in all this, i am to be understood to mean that unhappy temper, which i find so much among the tradesman's wives at this time, of being above taking any notice of their husband's affairs, as if nothing were before them but a constant settled state of prosperity, and it were impossible for them to taste any other fortune; whereas, that very hour they embark with a tradesman, they ought to remember that they are entering a state of life full of accidents and hazards, and that innumerable families, in as good circumstances as theirs, fall every day into disasters and misfortunes, and that a tradesman's condition is liable to more casualties than any other life whatever. how many widows of tradesmen, nay, and wives of broken and ruined tradesmen, do we daily see recover themselves and their shattered families, when the man has been either snatched away by death, or demolished by misfortunes, and has been forced to fly to the east or west indies, and forsake his family in search of bread? women, when once they give themselves leave to stoop to their own circumstances, and think fit to rouse up themselves to their own relief, are not so helpless and shiftless creatures as some would make them appear in the world; and we see whole families in trade frequently recovered by their industry: but, then, they are such women as can stoop to it, and can lay aside the particular pride of their first years; and who, without looking back to what they have been, can be content to look into what providence has brought them to be, and what they must infallibly be, if they do not vigorously apply to the affairs which offer, and fall into the business which their husbands leave them the introduction to, and do not level their minds to their condition. it may, indeed, be hard to do this at first, but necessity is a spur to industry, and will make things easy where they seem difficult; and this necessity will humble the minds of those whom nothing else could make to stoop; and where it does not, it is a defect of the understanding, as well as of prudence, and must reflect upon the senses as well as the morals of the person. footnotes: [ ] [most of the wives of tradesmen above a certain rather humble condition would now smile at the idea of their being expected to attend their husbands' shops, in order to form an intimate acquaintance with their affairs. doubtless, however, in the days of defoe, when the capitals of tradesmen were less, when provision for widows by insurance upon lives was not practised, and when the comparative simplicity of the modes of conducting business admitted it, a female in that situation would only be exercising a prudent caution, and doing nothing in the least inconsistent with the delicacy of her sex, in obeying the rules laid down in the text.] [ ] [the number of widows, or at least females, carrying on trade in england, is still very considerable. in scotland, it is a comparatively rare case. a native of the northern part of the island is apt to be strongly impressed with this fact, when, in the large manufacturing towns of england, he sees female names in so many cases inscribed upon the waggons used in the transport of goods. the complaint in the text, that females have, to such an extent, ceased to carry on the business of their deceased husbands, is probably, like many other complaints of the same kind already pointed out, merely a piece of querulousness on the part of our author, or the result of a very common mental deception.] chapter xxii of the dignity of trade in england more than in other countries it is said of england, by way of distinction, and we all value ourselves upon it, that it is a trading country; and king charles ii., who was perhaps that prince of all the kings that ever reigned in england, that best understood the country and the people that he governed, used to say, 'that the tradesmen were the only gentry in england.' his majesty spoke it merrily, but it had a happy signification in it, such as was peculiar to the bright genius of that prince, who, though he was not the best governor, was the best acquainted with the world of all the princes of his age, if not of all the men in it; and, though it be a digression, give me leave, after having quoted the king, to add three short observations of my own, in favour of england, and of the people and trade of it, and yet without the least partiality to our own country. i. we are not only a trading country, but the greatest trading country in the world. ii. our climate is the most agreeable climate in the world to live in. iii. our englishmen are the stoutest and best men (i mean what we call men of their hands) in the world. these are great things to advance in our own favour, and yet to pretend not to be partial too; and, therefore, i shall give my reasons, which i think support my opinion, and they shall be as short as the heads themselves, that i may not go too much off from my subject. . we are the greatest trading country in the world, because we have the greatest exportation of the growth and product of our land, and of the manufacture and labour of our people; and the greatest importation and consumption of the growth, product, and manufactures of other countries from abroad, of any nation in the world.[ ] . our climate is the best and most agreeable, because a man can be more out of doors in england than in other countries. this was king charles ii.'s reason for it, and i cannot name it, without doing justice to his majesty in it. . our men are the stoutest and best, because, strip them naked from the waist upwards, and give them no weapons at all but their hands and heels, and turn them into a room, or stage, and lock them in with the like number of other men of any nation, man for man, and they shall beat the best men you shall find in the world. from this digression, which i hope will not be disagreeable, as it is not very tedious, i come back to my first observation, that england is a trading country, and two things i offer from that head. first, our tradesmen are not, as in other countries, the meanest of our people. secondly, some of the greatest and best, and most flourishing families, among not the gentry only, but even the nobility, have been raised from trade, owe their beginning, their wealth, and their estates, to trade; and, i may add, thirdly, those families are not at all ashamed of their original, and, indeed, have no occasion to be ashamed of it. it is true, that in england we have a numerous and an illustrious nobility and gentry; and it is true, also, that not so many of those families have raised themselves by the sword as in other nations, though we have not been without men of fame in the field too. but trade and learning have been the two chief steps by which our gentlemen have raised their relations, and have built their fortunes; and from which they have ascended up to the prodigious height, both in wealth and number, which we see them now risen to. as so many of our noble and wealthy families are raised by, and derive from trade, so it is true, and, indeed, it cannot well be otherwise, that many of the younger branches of our gentry, and even of the nobility itself, have descended again into the spring from whence they flowed, and have become tradesmen; and thence it is, that, as i said above, our tradesmen in england are not, as it generally is in other countries, always of the meanest of our people. indeed, i might have added here, that trade itself in england is not, as it generally is in other countries, the meanest thing the men can turn their hand to; but, on the contrary, trade is the readiest way for men to raise their fortunes and families; and, therefore, it is a field for men of figure and of good families to enter upon. n.b. by trade we must be understood to include navigation, and foreign discoveries, because they are, generally speaking, all promoted and carried on by trade, and even by tradesmen, as well as merchants; and the tradesmen are at this time as much concerned in shipping (as owners) as the merchants; only the latter may be said to be the chief employers of the shipping. having thus done a particular piece of justice to ourselves, in the value we put upon trade and tradesmen in england, it reflects very much upon the understanding of those refined heads, who pretend to depreciate that part of the nation, which is so infinitely superior in number and in wealth to the families who call themselves gentry, or quality, and so infinitely more numerous. as to the wealth of the nation, that undoubtedly lies chiefly among the trading part of the people; and though there are a great many families raised within few years, in the late war, by great employments, and by great actions abroad, to the honour of the english gentry; yet how many more families among the tradesmen have been raised to immense estates, even during the same time, by the attending circumstances of the war, such as the clothing, the paying, the victualling and furnishing, &c, both army and navy! and by whom have the prodigious taxes been paid, the loans supplied, and money advanced upon all occasions? by whom are the banks and companies carried on?--and on whom are the customs and excises levied? have not the trade and tradesmen born the burden of the war?--and do they not still pay four millions a-year interest for the public debts? on whom are the funds levied, and by whom the public credit supported? is not trade the inexhausted fund of all funds, and upon which all the rest depend? as is the trade, so in proportion are the tradesmen; and how wealthy are tradesmen in almost all the several parts of england, as well as in london! how ordinary is it to see a tradesman go off the stage, even but from mere shopkeeping, with from ten to forty thousand pounds' estate, to divide among his family!--when, on the contrary, take the gentry in england from one end to the other, except a few here and there, what with excessive high living, which is of late grown so much into a disease, and the other ordinary circumstances of families, we find few families of the lower gentry, that is to say, from six or seven hundred a-year downwards, but they are in debt and in necessitous circumstances, and a great many of greater estates also. on the other hand, let any one who is acquainted with england, look but abroad into the several counties, especially near london, or within fifty miles of it. how are the ancient families worn out by time and family misfortunes, and the estates possessed by a new race of tradesmen, grown up into families of gentry, and established by the immense wealth, gained, as i may say, behind the counter, that is, in the shop, the warehouse, and the counting-house! how are the sons of tradesmen ranked among the prime of the gentry! how are the daughters of tradesmen at this time adorned with the ducal coronets, and seen riding in the coaches of the best of our nobility! nay, many of our trading gentlemen at this time refuse to be ennobled, scorn being knighted, and content themselves with being known to be rated among the richest commoners in the nation. and it must be acknowledged, that, whatever they be as to court-breeding and to manners, they, generally speaking, come behind none of the gentry in knowledge of the world. at this very day we see the son of sir thomas scawen matched into the ducal family of bedford, and the son of sir james bateman into the princely house of marlborough, both whose ancestors, within the memory of the writer of these sheets, were tradesmen in london; the first sir william scawen's apprentice, and the latter's grandfather a porter upon or near london bridge. how many noble seats, superior to the palaces of sovereign princes (in some countries) do we see erected within few miles of this city by tradesmen, or the sons of tradesmen, while the seats and castles of the ancient gentry, like their families, look worn out, and fallen into decay. witness the noble house of sir john eyles, himself a merchant, at giddy-hall near rumford; sir gregory page on blackheath, the son of a brewer; sir nathaniel mead near wealgreen, his father a linen-draper, with many others too long to repeat; and, to crown all, the lord castlemains at wanstead, his father sir josiah child, originally a tradesman. it was a smart, but just repartee, of a london tradesman, when a gentleman, who had a good estate too, rudely reproached him in company, and bade him hold his tongue, for he was no gentleman. 'no, sir,' says he, 'but i can buy a gentleman, and therefore i claim a liberty to speak among gentlemen.' again, in how superior a port or figure (as we now call it) do our tradesmen live, to what the middling gentry either do or can support! an ordinary tradesman now, not in the city only, but in the country, shall spend more money by the year, than a gentleman of four or five hundred pounds a-year can do, and shall increase and lay up every year too, whereas the gentleman shall at the best stand stock still, just where he began, nay, perhaps decline; and as for the lower gentry, from a hundred pounds a-year to three hundred, or thereabouts, though they are often as proud and high in their appearance as the other--as to them, i say, a shoemaker in london shall keep a better house, spend more money, clothe his family better, and yet grow rich too. it is evident where the difference lies; _an estate's a pond, but a trade's a spring_: the first, if it keeps full, and the water wholesome, by the ordinary supplies and drains from the neighbouring grounds, it is well, and it is all that is expected; but the other is an inexhausted current, which not only fills the pond, and keeps it full, but is continually running over, and fills all the lower ponds and places about it. this being the case in england, and our trade being so vastly great, it is no wonder that the tradesmen in england fill the lists of our nobility and gentry; no wonder that the gentlemen of the best families marry tradesmen's daughters, and put their younger sons apprentices to tradesmen; and how often do these younger sons come to buy the elder son's estates, and restore the family, when the elder, and head of the house, proving rakish and extravagant, has wasted his patrimony, and is obliged to make out the blessing of israel's family, where the younger son bought the birthright, and the elder was doomed to serve him. trade is so far here from being inconsistent with a gentleman, that, in short, trade in england makes gentlemen, and has peopled this nation with gentlemen; for after a generation or two the tradesmen's children, or at least their grand-children, come to be as good gentlemen, statesmen, parliament-men, privy-counsellors, judges, bishops, and noblemen, as those of the highest birth and the most ancient families, and nothing too high for them. thus the late earl of haversham was originally a merchant; the late secretary craggs was the son of a barber; the present lord castlemain's father was a tradesman; the great-grandfather of the present duke of bedford the same; and so of several others. nor do we find any defect either in the genius or capacities of the posterity of tradesmen, arising from any remains of mechanic blood, which it is pretended should influence them, but all the gallantry of spirit, greatness of soul, and all the generous principles, that can be found in any of the ancient families, whose blood is the most untainted, as they call it, with the low mixtures of a mechanic race, are found in these; and, as is said before, they generally go beyond them in knowledge of the world, which is the best education. we see the tradesmen of england, as they grow wealthy, coming every day to the herald's office, to search for the coats-of-arms of their ancestors, in order to paint them upon their coaches, and engrave them upon their plate, embroider them upon their furniture, or carve them upon the pediments of their new houses; and how often do we see them trace the registers of their families up to the prime nobility, or the most ancient gentry of the kingdom! in this search we find them often qualified to raise new families, if they do not descend from old; as was said of a certain tradesman of london that if he could not find the ancient race of gentlemen from which he came, he would begin a new race, who should be as good gentlemen as any that went before them. they tell us a story of the old lord craven, who was afterwards created earl of craven by king charles ii., that, being upbraided with his being of an upstart nobility, by the famous aubery, earl of oxford, who was himself of the very ancient family of the veres, earls of oxford, the lord craven told him, he (craven) would cap pedigrees with him (oxford) for a wager. the earl of oxford laughed at the challenge, and began reckoning up his famous ancestors, who had been earls of oxford for a hundred years past, and knights for some hundreds of years more; but when my lord craven began, he read over his family thus:--'i am william lord craven; my father was lord mayor of london, and my grandfather was the lord knows who; wherefore i think my pedigree as good as yours, my lord.' the story was merry enough, but is to my purpose exactly; for let the grandfather be who he would, his father, sir william craven, who was lord mayor of london, was a wholesale grocer, and raised the family by trade, and yet nobody doubts but that the family of craven is at this day as truly noble, in all the beauties which adorn noble birth and blood, as can be desired of any family, however ancient, or anciently noble. in italy, and especially at venice, we see every day the sons of merchants, and other trades, who grow in wealth and estates, and can advance for the service of their country a considerable sum of money, namely, , to , dollars, are accepted to honour by the senate, and translated into the list of the nobility, without any regard to the antiquities of their families, or the nobility of blood; and in all ages the best kings and sovereign princes have thought fit to reward the extraordinary merit of their subjects with titles of honour, and to rank men among their nobility, who have deserved it by good and great actions, whether their birth and the antiquity of their families entitled them to it or not. thus in the late wars between england and france, how was our army full of excellent officers, who went from the shop, and from behind the counter, into the camp, and who distinguished themselves there by their merit and gallant behaviour. and several such came to command regiments, and even to be general officers, and to gain as much reputation in the service as any; as colonel pierce, wood, richards, and several others that might be named. all this confirms what i have said before, namely, that trade in england neither is nor ought to be levelled with what it is in other countries; nor the tradesmen depreciated as they are abroad, and as some of our gentry would pretend to do in england; but that, as many of our best families rose from trade, so many branches of the best families in england, under the nobility, have stooped so low as to be put apprentices to tradesmen in london, and to set up and follow those trades when they have come out of their times, and have thought it no dishonour to their blood. to bring this once more home to the ladies, who are so scandalised at that mean step, which they call it, of marrying a tradesman--it may be told them for their humiliation, that, however they think fit to act, sometimes those tradesmen come of better families than their own; and oftentimes, when they have refused them to their loss, those very tradesmen have married ladies of superior fortune to them, and have raised families of their own, who in one generation have been superior to those nice ladies both in dignity and estate, and have, to their great mortification, been ranked above them upon all public occasions. the word tradesman in england does not sound so harsh as it does in other countries; and to say _a gentleman-tradesman_, is not so much nonsense as some people would persuade us to reckon it: and, indeed, as trade is now flourishing in england, and increasing, and the wealth of our tradesmen is already so great, it is very probable a few years will show us still a greater race of trade-bred gentlemen, than ever england yet had. the very name of an english tradesman will, and does already obtain in the world; and as our soldiers by the late war gained the reputation of being some of the best troops in the world, and our seamen are at this day, and very justly too, esteemed the best sailors in the world, so the english tradesmen may in a few years be allowed to rank with the best gentlemen in europe; and as the prophet isaiah said of the merchants of tyre, that 'her traffickers were the honourable of the earth,' (isaiah, xxiii. .) in the meantime, it is evident their wealth at this time out-does that of the like rank of any nation in europe; and as their number is prodigious, so is their commerce; for the inland commerce of england--and it is of those tradesmen, or traffickers, that i am now speaking in particular--is certainly the greatest of its kind of any in the world; nor is it possible there should ever be any like it, the consumption of all sorts of goods, both of our own manufacture, and of foreign growth, being so exceeding great. if the english nation were to be nearly inquired into, and its present opulence and greatness duly weighed, it would appear, that, as the figure it now makes in europe is greater than it ever made before--take it either in king edward iii.'s reign, or in queen elizabeth's, which were the two chief points of time when the english fame was in its highest extent--i say, if its present greatness were to be duly weighed, there is no comparison in its wealth, the number of its people, the value of its lands, the greatness of the estates of its private inhabitants; and, in consequence of all this, its real strength is infinitely beyond whatever it was before, and if it were needful, i could fill up this work with a very agreeable and useful inquiry into the particulars. but i content myself with turning it to the case in hand, for the truth of fact is not to be disputed--i say, i turn it to the case in hand thus: whence comes it to be so?--how is it produced? war has not done it; no, nor so much as helped or assisted to it; it is not by any martial exploits; we have made no conquests abroad, added no new kingdoms to the british empire, reduced no neighbouring nations, or extended the possession of our monarchs into the properties of others; we have grained nothing by war and encroachment; we are butted and bounded just where we were in queen elizabeth's time; the dutch, the flemings, the french, are in view of us just as they were then. we have subjected no new provinces or people to our government; and, with few or no exceptions, we are almost for dominion where king edward i. left us; nay, we have lost all the dominions which our ancient kings for some hundreds of years held in france--such as the rich and powerful provinces of normandy, poictou, gascoigne, bretagne, and acquitaine; and instead of being enriched by war and victory, on the contrary we have been torn in pieces by civil wars and rebellions, as well in ireland as in england, and that several times, to the ruin of our richest families, and the slaughter of our nobility and gentry, nay, to the destruction even of monarchy itself, and this many years at a time, as in the long bloody wars between the houses of lancaster and york, the many rebellions of the irish, as well in queen elizabeth's time, as in king charles i.'s time, and the fatal massacre, and almost extirpation of the english name in that kingdom; and at last, the late rebellion in england, in which the monarch fell a sacrifice to the fury of the people, and monarchy itself gave way to tyranny and usurpation, for almost twenty years. these things prove abundantly that the rising greatness of the british nation is not owing to war and conquests, to enlarging its dominion by the sword, or subjecting the people of other countries to our power; but it is all owing to trade, to the increase of our commerce at home, and the extending it abroad. it is owing to trade, that new discoveries have been made in lands unknown, and new settlements and plantations made, new colonies placed, and new governments formed in the uninhabited islands, and the uncultivated continent of america; and those plantings and settlements have again enlarged and increased the trade, and thereby the wealth and power of the nation by whom they were discovered and planted. we have not increased our power, or the number of our subjects, by subduing the nations which possessed those countries, and incorporating them into our own, but have entirely planted our colonies, and peopled the countries with our own subjects, natives of this island; and, excepting the negroes, which we transport from africa to america, as slaves to work in the sugar and tobacco plantations, all our colonies, as well in the islands as on the continent of america, are entirely peopled from great britain and ireland, and chiefly the former; the natives having either removed farther up into the country, or by their own folly and treachery raising war against us, been destroyed and cut off. as trade alone has peopled those countries, so trading with them has raised them also to a prodigy of wealth and opulence; and we see now the ordinary planters at jamaica and barbadoes rise to immense estates, riding in their coaches and six, especially at jamaica, with twenty or thirty negroes on foot running before them whenever they please to appear in public. as trade has thus extended our colonies abroad, so it has, except those colonies, kept our people at home, where they are multiplied to that prodigious degree, and do still continue to multiply in such a manner, that if it goes on so, time may come that all the lands in england will do little more than serve for gardens for them, and to feed their cows; and their corn and cattle be supplied from scotland and ireland. what is the reason that we see numbers of french, and of scots, and of germans, in all the foreign nations in europe, and especially filling up their armies and courts, and that you see few or no english there? what is the reason, that when we want to raise armies, or to man navies in england, we are obliged to press the seamen, and to make laws and empower the justices of the peace, and magistrates of towns, to force men to go for soldiers, and enter into the service, or allure them by giving bounty-money, as an encouragement to men to list themselves?--whereas the people of other nations, and even the scots and irish, travel abroad, and run into all the neighbour nations, to seek service, and to be admitted into their pay. what is it but trade?--the increase of business at home, and the employment of the poor in the business and manufactures of this kingdom, by which the poor get so good wages, and live so well, that they will not list for soldiers; and have so good pay in the merchants' service, that they will not serve on board the ships of war, unless they are forced to do it? what is the reason, that, in order to supply our colonies and plantations with people, besides the encouragement given in those colonies to all people that will come there to plant and to settle, we are obliged to send away thither all our petty offenders, and all the criminals that we think fit to spare from the gallows, besides what we formerly called the kidnapping trade?--that is to say, the arts made use of to wheedle and draw away young vagrant and indigent people, and people of desperate fortunes, to sell themselves--that is, bind themselves for servants, the numbers of which are very great. it is poverty fills armies, mans navies, and peoples colonies. in vain the drums beat for soldiers, and the king's captains invite seamen to serve in the armies for fivepence a-day, and in the royal navy for twenty-three shillings per month, in a country where the ordinary labourer can have nine shillings a-week for his labour, and the manufacturers earn from twelve to sixteen shillings a-week for their work, and while trade gives thirty shillings per month wages to the seamen on board merchant ships. men will always stay or go, as the pay gives them encouragement; and this is the reason why it has been so much more difficult to raise and recruit armies in england, than it has been in scotland and ireland, france and germany. the same trade that keeps our people at home, is the cause of the well living of the people here; for as frugality is not the national virtue of england, so the people that get much spend much; and as they work hard, so they live well, eat and drink well, clothe warm, and lodge soft--in a word, the working manufacturing people of england eat the fat, and drink the sweet, live better, and fare better, than the working poor of any other nation in europe; they make better wages of their work, and spend more of the money upon their backs and bellies, than in any other country. this expense of the poor, as it causes a prodigious consumption both of the provisions, and of the manufactures of our country at home, so two things are undeniably the consequence of that part. . the consumption of provisions increases the rent and value of the lands, and this raises the gentlemen's estates, and that again increases the employment of people, and consequently the numbers of them, as well those who are employed in the husbandry of land, breeding and feeding of cattle, &c, as of servants in the gentlemen's families, who, as their estates increase in value, so they increase their families and equipages. . as the people get greater wages, so they, i mean the same poorer part of the people, clothe better, and furnish better, and this increases the consumption of the very manufactures they make; then that consumption increases the quantity made, and this creates what we call inland trade, by which innumerable families are employed, and the increase of the people maintained, and by which increase of trade and people the present growing prosperity of this nation is produced. the whole glory and greatness of england, then, being thus raised by trade, it must be unaccountable folly and ignorance in us to lessen that one article in our own esteem, which is the only fountain from whence we all, take us as a nation, are raised, and by which we are enriched and maintained. the scripture says, speaking of the riches and glory of the city of tyre--which was, indeed, at that time, the great port or emporium of the world for foreign commerce, from whence all the silks and fine manufactures of persia and india were exported all over the western world--'that her merchants were princes;' and, in another place, 'by thy traffic thou hast increased thy riches.' (ezek. xxviii. .) certain it is, that our traffic has increased our riches; and it is also certain, that the flourishing of our manufactures is the foundation of all our traffic, as well our merchandise as our inland trade. the inland trade of england is a thing not easily described; it would, in a word, take up a whole book by itself; it is the foundation of all our wealth and greatness; it is the support of all our foreign trade, and of our manufacturing, and, as i have hitherto written, of the tradesmen who carry it on. i shall proceed with a brief discourse of the trade itself. footnotes: [ ] [we have here a pleasing trait of the superior sagacity of defoe, in as far as it was a prevalent notion down to his time, and even later (nor is it, perhaps, altogether extinguished yet), that the prosperity of a country was marked by its excess of exports over imports. defoe justly ranks the amount of importation on a level with that of exportation, as indicative of the well-being of the country.] chapter xxiii of the inland trade of england, its magnitude, and the great advantage it is to the nation in general i have, in a few words, described what i mean by the inland trade of england, in the introduction to this work. it is the circulation of commerce among ourselves. i. for the carrying on our manufactures of several kinds in the several counties where they are made, and the employing the several sorts of people and trades needful for the said manufactures. ii. for the raising and vending provisions of all kinds for the supply of the vast numbers of people who are employed every where by the said manufactures. iii. for the importing and bringing in from abroad all kinds of foreign growth and manufactures which we want. iv. for the carrying about and dispersing, as well our own growth and manufactures as the foreign imported growth and manufactures of other nations, to the retailer, and by them to the last consumer, which is the utmost end of all trade; and this, in every part, to the utmost corner of the island of great britain and ireland. this i call inland trade, and these circulators of goods, and retailers of them to the last consumer, are those whom we are to understand by the word tradesmen, in all the parts of this work; for (as i observed in the beginning) the ploughmen and farmers who labour at home, and the merchant who imports our merchandise from abroad, are not at all meant or included, and whatever i have been saying, except where they have been mentioned in particular, and at length. this inland trade is in itself at this time the wonder of all the world of trade, nor is there any thing like it now in the world, much less that exceeds it, or perhaps ever will be, except only what itself may grow up to in the ages to come; for, as i have said on all occasions, it is still growing and increasing. by this prodigy of a trade, all the vast importation from our own colonies is circulated and dispersed to the remotest corner of the island, whereby the consumption is become so great, and by which those colonies are so increased, and are become so populous and so wealthy as i have already observed of them. this importation consists chiefly of sugars and tobacco, of which the consumption in great britain is scarcely to be conceived of, besides the consumption of cotton, indigo, rice, ginger, pimento or jamaica pepper, cocoa or chocolate, rum and molasses, train-oil, salt-fish, whale-fin, all sorts of furs, abundance of valuable drugs, pitch, tar, turpentine, deals, masts, and timber, and many other things of smaller value; all which, besides the employing a very great number of ships and english seamen, occasion again a very great exportation of our own manufactures of all sorts to those colonies; which being circulated again for consumption there, that circulation is to be accounted a branch of home or inland trade, as those colonies are on all such occasions esteemed as a branch of part of ourselves, and of the british government in the world. this trade to our west indies and american colonies, is very considerable, as it employs so many ships and sailors, and so much of the growth of those colonies is again exported by us to other parts of the world, over and above what is consumed among us at home; and, also, as all those goods, and a great deal of money in specie, is returned hither for and in balance of our own manufactures and merchandises exported thither--on these accounts some have insisted that more real wealth is brought into great britain every year from those colonies, than is brought from the spanish west indies to old spain, notwithstanding the extent of their dominion is above twenty times as much, and notwithstanding the vast quantity of gold and silver which they bring from the mines of mexico, and the mountains of potosi.[ ] whether these people say true or no, is not my business to inquire here; though, if i may give my opinion, i must acknowledge that i believe they do; but be it so or not, it is certain that it is an infinitely extended trade, and daily increasing; and much of it, if not all, is and ought to be esteemed as an inland trade, because, as above, it is a circulation among ourselves. as the manufactures of england, particularly those of wool (cotton wool included), and of silk, are the greatest, and amount to the greatest value of any single manufacture in europe,[ ] so they not only employ more people, but those people gain the most money, that is to say, have the best wages for their work of any people in the world; and yet, which is peculiar to england, the english manufactures are, allowing for their goodness, the cheapest at market of any in the world, too. even france itself, after all the pains they are at to get our wool, and all the expense they have been at to imitate our manufactures, by getting over our workmen, and giving them even greater wages than they had here, have yet made so little proficiency in it, and are so far from outselling us in foreign markets, that they still, in spite of the strictest prohibitions, send hither, and to holland and germany, for english broad-cloths, druggets, duroys, flannels, serges, and several other sorts of our goods, to supply their own. nor can they clothe themselves to their satisfaction with their own goods; but if any french gentleman of quality comes over hither from france, he is sure to bring no more coats with him than backs, but immediately to make him new clothes as soon as he arrives, and to carry as many new suits home with him at his return, as he can get leave to bring ashore when he comes there--a demonstration that our manufacture exceeds theirs, after all their boasts of it, both in goodness and in cheapness, even by their own confession. but i am not now to enter upon the particular manufactures, but the general trade in the manufacture; this particular being a trade of such a magnitude, it is to be observed for our purpose, that the greatness of it consists of two parts:-- . the consumption of it at home, including our own plantations and factories. . the exportation of it to foreign parts, exclusive of the said plantations and factories. it is the first of these which is the subject of my present discourse, because the tradesmen to whom, and for whose instruction these chapters are designed, are the people principally concerned in the making all these manufactures, and wholly and solely concerned in dispersing and circulating them for the home consumption; and this, with some additions, as explained above, i call _inland trade_. the home-consumption of our own goods, as it is very great, so it has one particular circumstance attending it, which exceedingly increases it as a trade, and that is, that besides the numbers of people which it employs in the raising the materials, and making the goods themselves as a manufacture--i say, besides all this, there are multitudes of people employed, cattle maintained, with waggons and carts for the service on shore, barges and boats for carriage in the rivers, and ships and barks for carrying by sea, and all for the circulating these manufactures from one place to another, for the consumption of them among the people. so that, in short, the circulation of the goods is a business not equal, indeed, but bearing a very great proportion to the trade itself. this is owing to another particular circumstance of our manufacture, and perhaps is not so remarkably the case of any other manufacture or country in europe, namely, that though all our manufactures are used and called for by almost all the people, and that in every part of the whole british dominion, yet they are made and wrought in their several distinct and respective countries in britain, and some of them at the remotest distance from one another, hardly any two manufactures being made in one place. for example: the broad-cloth and druggets in wilts, gloucester, and worcestershire; serges in devon and somersetshire; narrow-cloths in yorkshire and staffordshire; kerseys, cottons, half-thicks, duffields, plains, and coarser things, in lancashire and westmoreland; shalloons in the counties of northampton, berks, oxford, southampton, and york; women's-stuffs in norfolk; linsey-woolseys, &c, at kidderminster; dimmeties and cotton-wares at manchester; flannels at salisbury, and in wales; tammeys at coventry; and the like. it is the same, in some respects, with our provisions, especially for the supply of the city of london, and also of several other parts: for example, when i speak of provisions, i mean such as are not made use of in the county where they are made and produced. for example: butter, in firkins, in suffolk and yorkshire; cheese from cheshire, wiltshire, warwickshire, and gloucestershire; herrings, cured red, from yarmouth in norfolk; coals, for fuel, from northumberland and durham; malt from the counties of hertford, essex, kent, bucks, oxford, berks, &c. and thus of many other things which are the proper produce of one part of the country only, but are from thence dispersed for the ordinary use of the people into many, or perhaps into all the other counties of england, to the infinite advantage of our inland commerce, and employing a vast number of people and cattle; and consequently those people and cattle increasing the consumption of provisions and forage, and the improvement of lands; so true it is, and so visible, that trade increases people, and people increase trade. this carriage of goods in england from those places is chiefly managed by horses and waggons; the number of which is not to be guessed at, nor is there any rule or art that can be thought of, by which any just calculation can be made of it, and therefore i shall not enter upon any particular of it at this time; it is sufficient to say, what i believe to be true, namely, that it is equal to the whole trade of some nations, and the rather because of the great improvement of land, which proceeds from the employing so many thousands of horses as are furnished for this part of business. in other countries, and indeed, in most countries in europe, all their inland trade, such as it is, is carried on by the convenience of navigation, either by coastings on the sea, or by river-navigation. it is true, our coasting trade is exceedingly great, and employs a prodigious number of ships, as well from all the shores of england to london, as from one port to another. but as to our river-navigation, it is not equal to it, though in some places it is very great too; but we have but a very few navigable rivers in england, compared with those of other countries; nor are many of those rivers we have navigable to any considerable length from the sea. the most considerable rivers in england for navigation are as follows:--the thames, the trent, the severn, the wye, the ouse, the humber, the air, and the calder. these are navigable a considerable way, and receive several other navigable rivers into them; but except these there are very few rivers in england which are navigable much above the first town of note within their mouth. most of our other greatest and most navigable rivers are navigable but a very little way in; as the northern ouse but to york, the orwell but to ipswich, the yare but to norwich; the tyne itself but a very little above newcastle, not in all above twelve miles; the tweed not at all above berwick; the great avon but to bristol; the exe but to exeter; and the dee but to chester: in a word, our river-navigation is not to be named for carriage, with the vast bulk of carriage by pack-horses and by waggons; nor must the carriage by pedlars on their backs be omitted.[ ] this carriage is the medium of our inland trade, and, as i said, is a branch of the trade itself. this great carriage is occasioned by the situation of our produce and manufactures. for example--the taunton and exeter serges, perpetuanas, and duroys, come chiefly by land; the clothing, such as the broad-cloth and druggets from wilts, gloucester, worcester, and shropshire, comes all by land-carriage to london, and goes down again by land-carriages to all parts of england; the yorkshire clothing trade, the manchester and coventry trades, all by land, not to london only, but to all parts of england, by horse-packs--the manchester men being, saving their wealth, a kind of pedlars, who carry their goods themselves to the country shopkeepers every where, as do now the yorkshire and coventry manufacturers also. now, in all these manufactures, however remote from one another, every town in england uses something, not only of one or other, but of all the rest. every sort of goods is wanted every where; and where they make one sort of goods, and sell them all over england, they at the same time want other goods from almost every other part. for example: norwich makes chiefly woollen stuffs and camblets, and these are sold all over england; but then norwich buys broad-cloth from wilts and worcestershire, serges and sagathies from devon and somersetshire, narrow cloth from yorkshire, flannel from wales, coal from newcastle, and the like; and so it is, _mutatis mutandis_, of most of the other parts. the circulating of these goods in this manner, is the life of our inland trade, and increases the numbers of our people, by keeping them employed at home; and, indeed, of late they are prodigiously multiplied; and they again increase our trade, as shall be mentioned in its place. as the demand for all sorts of english goods is thus great, and they are thus extended in every part of the island, so the tradesmen are dispersed and spread over every part also; that is to say, in every town, great or little, we find shopkeepers, wholesale or retail, who are concerned in this circulation, and hand forward the goods to the last consumer. from london, the goods go chiefly to the great towns, and from those again to the smaller markets, and from those to the meanest villages; so that all the manufactures of england, and most of them also of foreign countries, are to be found in the meanest village, and in the remotest corner of the whole island of britain, and are to be bought, as it were, at every body's door. this shows not the extent of our manufactures only, but the usefulness of them, and how they are so necessary to mankind that our own people cannot be without them, and every sort of them, and cannot make one thing serve for another; but as they sell their own, so they buy from others, and every body here trades with every body: this it is that gives the whole manufacture so universal a circulation, and makes it so immensely great in england. what it is abroad, is not so much to our present purpose. again, the magnitude of the city of london adds very considerably to the greatness of the inland trade; for as this city is the centre of our trade, so all the manufactures are brought hither, and from hence circulated again to all the country, as they are particularly called for. but that is not all; the magnitude of the city influences the whole nation also in the article of provisions, and something is raised in every county in england, however remote, for the supply of london; nay, all the best of every produce is brought hither; so that all the people, and all the lands in england, seem to be at work for, or employed by, or on the account of, this overgrown city. this makes the trade increase prodigiously, even as the city itself increases; and we all know the city is very greatly increased within few years past. again, as the whole nation is employed to feed and clothe this city, so here is the money, by which all the people in the whole nation seem to be supported and maintained. i have endeavoured to make some calculation of the number of shopkeepers in this kingdom, but i find it is not to be done--we may as well count the stars; not that they are equal in number neither, but it is as impossible, unless any one person corresponded so as to have them numbered in every town or parish throughout the kingdom. i doubt not they are some hundreds of thousands, but there is no making an estimate--the number is in a manner infinite. it is as impossible likewise to make any guess at the bulk of their trade, and how much they return yearly; nor, if we could, would it give any foundation for any just calculation of the value of goods in general, because all our goods circulate so much, and go so often through so many hands before they come to the consumer. this so often passing every sort of goods through so many hands, before it comes into the hands of the last consumer, is that which makes our trade be so immensely great. for example, if there is made in england for our home-consumption the value of £ , worth of any particular goods, say, for example, that it be so many pieces of serge or cloth, and if this goes through ten tradesmen's hands, before it comes to the last consumer, then there is £ , , returned in trade for that £ , worth of goods; and so of all the sorts of goods we trade in. again, as i said above, all our manufactures are so useful to, and depend on, one another so much in trade, that the sale of one necessarily causes the demand of the other in all parts. for example, suppose the poorest countryman wants to be clothed, or suppose it be a gentleman wants to clothe one of his servants, whether a footman in a livery, or suppose it be any servant in ordinary apparel, yet he shall in some part employ almost every one of the manufacturing counties of england, for making up one ordinary suit of clothes. for example: if his coat be of woollen-cloth, he has that from yorkshire; the lining is shalloon from berkshire; the waistcoat is of callamanco from norwich; the breeches of a strong drugget from devizes, wiltshire; the stockings being of yarn from westmoreland; the hat is a felt from leicester; the gloves of leather from somersetshire; the shoes from northampton; the buttons from macclesfield in cheshire, or, if they are of metal, they come from birmingham, or warwickshire; his garters from manchester; his shirt of home-made linen of lancashire, or scotland. if it be thus of every poor man's clothing, or of a servant, what must it be of the master, and of the rest of the family? and in this particular the case is the same, let the family live where they will; so that all these manufactures must be found in all the remotest towns and counties in england, be it where you will. again, take the furnishing of our houses, it is the same in proportion, and according to the figure and quality of the person. suppose, then, it be a middling tradesman that is going to live in some market-town, and to open his shop there; suppose him not to deal in the manufacture, but in groceries, and such sort of wares as the country grocers sell. this man, however, must clothe himself and his wife, and must furnish his house: let us see, then, to how many counties and towns, among our manufactures, must he send for his needful supply. nor is the quantity concerned in it; let him furnish himself as frugally as he pleases, yet he must have something of every necessary thing; and we will suppose for the present purpose the man lived in sussex, where very few, if any, manufactures are carried on; suppose he lived at horsham, which is a market-town in or near the middle of the county. for his clothing of himself--for we must allow him to have a new suit of clothes when he begins the world--take them to be just as above; for as to the quality or quantity, it is much the same; only, that instead of buying the cloth from yorkshire, perhaps he has it a little finer than the poor man above, and so his comes out of wiltshire, and his stockings are, it may be, of worsted, not of yarn, and so they come from nottingham, not westmoreland; but this does not at all alter the case. come we next to his wife; and she being a good honest townsman's daughter, is not dressed over fine, yet she must have something decent, being newly married too, especially as times go, when the burghers' wives of horsham, or any other town, go as fine as they do in other places: allow her, then, to have a silk gown, with all the necessaries belonging to a middling tolerable appearance, yet you shall find all the nation more or less concerned in clothing this country grocer's wife, and furnishing his house, and yet nothing at all extravagant. for example: her gown, a plain english mantua-silk, manufactured in spitalfields; her petticoat the same; her binding, a piece of chequered-stuff, made at bristol and norwich; her under-petticoat, a piece of black callamanco, made at norwith--quilted at home, if she be a good housewife, but the quilting of cotton from manchester, or cotton-wool from abroad; her inner-petticoats, flannel and swanskin, from salisbury and wales; her stockings from tewksbury, if ordinary, from leicester, if woven; her lace and edgings from stony stratford the first, and great marlow the last; her muslin from foreign trade, as likewise her linen, being something finer than the man's, may perhaps be a guilick-holland; her wrapper, or morning-gown, a piece of irish linen, printed at london; her black hood, a thin english lustring; her gloves, lamb's-skin, from berwick and northumberland, or scotland; her ribands, being but very few, from coventry, or london; her riding-hood, of english worsted-camblet, made at norwich. come next to the furniture of their house. it is scarce credible, to how many counties of england, and how remote, the furniture of but a mean house must send them, and how many people are every where employed about it; nay, and the meaner the furniture, the more people and places employed. for example: the hangings, suppose them to be ordinary linsey-woolsey, are made at kidderminster, dyed in the country, and painted, or watered, at london; the chairs, if of cane, are made at london; the ordinary matted chairs, perhaps in the place where they live; tables, chests of drawers, &c., made at london; as also looking-glass; bedding, &c., the curtains, suppose of serge from taunton and exeter, or of camblets, from norwich, or the same with the hangings, as above; the ticking comes from the west country, somerset and dorsetshire; the feathers also from the same country; the blankets from whitney in oxfordshire; the rugs from westmoreland and yorkshire; the sheets, of good linen, from ireland; kitchen utensils and chimney-furniture, almost all the brass and iron from birmingham and sheffield; earthen-ware from stafford, nottingham, and kent; glass ware from sturbridge in worcestershire, and london. i give this list to explain what i said before, namely, that there is no particular place in england, where all the manufactures are made, but every county or place has its peculiar sort, or particular manufacture, in which the people are wholly employed; and for all the rest that is wanted, they fetch them from other parts.[ ] but, then, as what is thus wanted by every particular person, or family, is but in small quantities, and they would not be able to send for it to the country or town where it is to be bought, there are shopkeepers in every village, or at least in every considerable market-town, where the particulars are to be bought, and who find it worth their while to furnish themselves with quantities of all the particular goods, be they made where and as far off as they will; and at these shops the people who want them are easily supplied. nor do even these shopkeepers go or send to all the several counties where those goods are made--that is to say, to this part for the cloth, or to that for the lining; to another for the buttons, and to another for the thread; but they again correspond with the wholesale dealers in london, where there are particular shops or warehouses for all these; and they not only furnish the country shopkeepers, but give them large credit, and sell them great quantities of goods, by which they again are enabled to trust the tailors who make the clothes, or even their neighbours who wear them; and the manufacturers in the several counties do the like by those wholesale dealers who supply the country shops. through so many hands do all the necessary things pass for the clothing a poor plain countryman, though he lived as far as berwick-upon-tweed; and this occasions, as i have said, a general circulation of trade, both to and from london, from and to all the parts of england, so that every manufacture is sold and removed five or six times, and perhaps more, before it comes at the last consumer. this method of trade brings another article in, which also is the great foundation of the increase of commerce, and the prodigious magnitude of our inland trade is much owing to it; and that is giving credit, by which every tradesman is enabled to trade for a great deal more than he otherwise could do. by this method a shopkeeper is able to stock his shop, or warehouses, with two or three times as much goods in value, as he has stock of his own to begin the world with, and by that means is able to trust out his goods to others, and give them time, and so under one another--nay, i may say, many a tradesman begins the world with borrowed stocks, or with no stock at all, but that of credit, and yet carries on a trade for several hundreds, nay, for several thousands, of pounds a-year. by this means the trade in general is infinitely increased--nay, the stock of the kingdom in trade is doubled, or trebled, or more, and there is infinitely more business carried on, than the real stock could be able to manage, if no credit were to be given; for credit in this particular is a stock, and that not an imaginary, but a real stock; for the tradesman, that perhaps begins but with five hundred, or one thousand pounds' stock, shall be able to furnish or stock his shop with four times the sum in the value of goods; and as he gives credit again, and trusts other tradesmen under him, so he launches out into a trade of great magnitude; and yet, if he is a prudent manager of his business, he finds himself able to answer his payments, and so continually supply himself with goods, keeping up the reputation of his dealings, and the credit of his shop, though his stock be not a fifth, nay, sometimes not a tenth part, in proportion to the returns that he makes by the year: so that credit is the foundation on which the trade of england is made so considerable. nor is it enough to say, that people must and will have goods, and that the consumption is the same; it is evident that consumption is not the same; and in those nations where they give no credit, or not so much as here, the trade is small in proportion, as i shall show in its place. footnotes: [ ] [the amount of trade produced by the british colonies is still great; but it has been ascertained that it is not profitable to the nation at large, as much more is paid from the public purse for the military protection required by the colonies, than returns to individuals through the medium of business.] [ ] [the cotton manufacture has now the prominence which, in defoe's time, was due to those of wool and silk.] [ ] [it is scarcely necessary to remind the reader, that the canal navigation of england has come into existence since the date of this work--the railway communication is but of yesterday.] [ ] [since defoe's time, little alteration has taken place in the locality of a number of manufactures in england; but, in the interval, an entire change has been effected in scotland, which now possesses various manufactures of importance in the commercial economy of the nation. we need only allude to the cambrics, gauzes, and silks of paisley; the cottons and other goods of glasgow; the plaidings of stirlingshire; the stockings of hawick; the printing-paper of mid-lothian; the carpets and bonnets of kilmarnock; the iron of muirkirk and carron; the linens of fife and dundee; and the shawls of edinburgh.] chapter xxiv of credit in trade, and how a tradesman ought to value and improve it: how easily lost, and how hard it is to be recovered credit is, or ought to be, the tradesman's _mistress_; but i must tell him too, he must not think of ever casting her off, for if once he loses her, she hardly ever returns; and yet she has one quality, in which she differs from most of the ladies who go by that name--if you court her, she is gone; if you manage so wisely as to make her believe you really do not want her, she follows and courts you. but, by the way, no tradesman can be in so good circumstances as to say he does not want, that is, does not stand in need of credit. credit, next to real stock, is the foundation, the life and soul, of business in a private tradesman; it is his prosperity; it is his support in the substance of his whole trade; even in public matters, it is the strengh and fund of a nation. we felt, in the late wars, the consequence of both the extremes--namely, of wanting and of enjoying a complete fund of credit. credit makes war, and makes peace; raises armies, fits out navies, fights battles, besieges towns; and, in a word, it is more justly called the sinews of war than the money itself,[ ] because it can do all these things without money--nay, it will bring in money to be subservient, though it be independent. credit makes the soldier fight without pay, the armies march without provisions, and it makes tradesmen keep open shop without stock. the force of credit is not to be described by words; it is an impregnable fortification, either for a nation, or for a single man in business; and he that has credit is invulnerable, whether he has money or no; nay, it will make money, and, which is yet more, it will make money without an intrinsic, without the _materia medica_ (as the doctors have it); it adds a value, and supports whatever value it adds, to the meanest substance; it makes paper pass for money, and fills the exchequer and the banks with as many millions as it pleases, upon demand. as i said in last chapter, it increases commerce; so, i may add, it makes trade, and makes the whole kingdom trade for many millions more than the national specie can amount to. it may be true, as some allege, that we cannot drive a trade for more goods than we have to trade with, but then it is as true, that it is by the help of credit that we can increase the quantity, and that more goods are made to trade with than would otherwise be; more goods are brought to market than they could otherwise sell; and even in the last consumption, how many thousands of families wear out their clothes before they pay for them, and eat their dinner upon tick with the butcher! nay, how many thousands who could not buy any clothes, if they were to pay for them in ready money, yet buy them at a venture upon their credit, and pay for them as they can! trade is anticipated by credit, and it grows by the anticipation; for men often buy clothes before they pay for them, because they want clothes before they can spare the money; and these are so many in number, that really they add a great stroke to the bulk of our inland trade. how many families have we in england that live upon credit, even to the tune of two or three years' rent of their revenue, before it comes in!--so that they must be said to _eat the calf in the cow's belly_. this encroachment they make upon the stock in trade; and even this very article may state the case: i doubt not but at this time the land owes to the trade some millions sterling; that is to say, the gentlemen owe to the tradesmen so much money, which, at long run, the rents of their lands must pay. the tradesmen having, then, trusted the landed men with so much, where must they have it but by giving credit also to one another? trusting their goods and money into trade, one launching out into the hands of another, and forbearing payment till the lands make it good out of their produce, that is to say, out of their rents. the trade is not limited; the produce of lands may be and is restrained. trade cannot exceed the bounds of the goods it can sell; but while trade can increase its stock of cash by credit, it can increase its stock of goods for sale, and then it has nothing to do but to find a market to sell at; and this we have done in all parts of the world, still by the force of our stocks being so increased. thus, credit raising stock at home, that stock enables us to give credit abroad; and thus the quantity of goods which we make, and which is infinitely increased at home, enables us to find or force a vent abroad. this is apparent, our home trade having so far increased our manufacture, that england may be said to be able almost to clothe the whole world; and in our carrying on the foreign trade wholly upon the english stocks, giving credit to almost all the nations of the world; for it is evident, our stocks lie at this time upon credit in the warehouses of the merchants in spain and portugal, holland and germany, italy and turkey; nay, in new spain and brazil. the exceeding quantity of goods thus raised in england cannot be supposed to be the mere product of the solid wealth and stocks of the english people; we do not pretend to it; the joining those stocks to the value of goods, always appearing in england in the hands of the manufacturers, tradesmen, and merchants, and to the wealth which appears in shipping, in stock upon land, and in the current coin of the nation, would amount to such a prodigy of stock, as not all europe could pretend to. but all this is owing to the prodigious thing called credit, the extent of which in the british trade is as hard to be valued, as the benefit of it to england is really not to be described. it must be likewise said, to the honour of our english tradesman, that they understand how to manage the credit they both give and take, better than any other tradesmen in the world; indeed, they have a greater opportunity to improve it, and make use of it, and therefore may be supposed to be more ready in making the best of their credit, than any other nations are. hence it is that we frequently find tradesmen carrying on a prodigious trade with but a middling stock of their own, the rest being all managed by the force of their credit; for example, i have known a man in a private warehouse in london trade for forty thousand pounds a-year sterling, and carry on such a return for many years together, and not have one thousand pounds' stock of his own, or not more--all the rest has been carried on upon credit, being the stocks of other men running continually through his hands; and this is not practised now and then, as a great rarity, but is very frequent in trade, and may be seen every day, as what in its degree runs through the whole body of the tradesmen in england.[ ] every tradesman both gives and takes credit, and the new mode of setting it up over their shop and warehouse doors, in capital letters, _no trust by retail_, is a presumption in trade; and though it may have been attempted in some trades, was never yet brought to any perfection; and most of those trades, who were the forwardest to set it up, have been obliged to take it down again, or act contrary to it in their business, or see some very good customers go away from them to other shops, who, though they have not brought money with them, have yet good foundations to make any tradesmen trust them, and who do at proper times make payments punctual enough. on the contrary, instead of giving no trust by retail, we see very considerable families who buy nothing but on trust; even bread, beer, butter, cheese, beef, and mutton, wine, groceries, &c, being the things which even with the meanest families are generally sold for ready money. thus i have known a family, whose revenue has been some thousands a-year, pay their butcher, and baker, and grocer, and cheesemonger, by a hundred pounds at a time, and be generally a hundred more in each of their debts, and yet the tradesmen have thought it well worth while to trust them, and their pay has in the end been very honest and good. this is what i say brings land so much in debt to trade, and obliges the tradesman to take credit of one another; and yet they do not lose by it neither, for the tradesmen find it in the price, and they take care to make such families pay warmly for the credit, in the rate of their goods; nor can it be expected it should be otherwise, for unless the profit answered it, the tradesman could not afford to be so long without his money. this credit takes its beginning in our manufactures, even at the very first of the operation, for the master manufacturer himself begins it. take a country clothier, or bay-maker, or what other maker of goods you please, provided he be one that puts out the goods to the making; it is true that the poor spinners and weavers cannot trust; the first spin for their bread, and the last not only weave for their bread, but they have several workmen and boys under them, who are very poor, and if they should want their pay on saturday night, must want their dinner on sunday; and perhaps would be in danger of starving with their families, by the next saturday. but though the clothier cannot have credit for spinning and weaving, he buys his wool at the stapler's or fellmonger's, and he gets two or three months' credit for that; he buys his oil and soap of the country shopkeeper, or has it sent down from his factor at london, and he gets longer credit for that, and the like of all other things; so that a clothier of any considerable business, when he comes to die, shall appear to be £ or £ in debt. but, then, look into his books, and you shall find his factor at blackwell hall, who sells his cloths, or the warehouse-keeper who sells his duroys and druggets, or both together, have £ worth of goods in hand left unsold, and has trusted out to drapers, and mercers, and merchants, to the value of £ more; and look into his workhouse at home, namely, his wool-lofts, his combing-shop, his yarn-chamber, and the like, and there you will find it--in wool unspun, and in yarn spun, and in wool at the spinners', and in yarn at and in the looms at the weavers'; in rape-oil, gallipoli oil, and perhaps soap, &c, in his warehouses, and in cloths at the fulling-mill, and in his rowing-shops, finished and unfinished, £ worth of goods more; so that, though this clothier owed £ at his death, he has nevertheless died in good circumstances, and has £ estate clear to go among his children, all his debts paid and discharged. however, it is evident, that at the very beginning of this manufacturer's trade, his £ stock is made £ , , by the help of his credit, and he trades for three times as much in the year; so that £ stock makes £ , stock and credit, and that together makes £ , a-year returned in trade. when you come from him to the warehouse-keeper in london, there you double and treble upon it, to an unknown degree; for the london wholesale man shall at his death appear to have credit among the country clothiers for £ , or £ , , nay, to £ , , and yet have kept up an unspotted credit all his days. when he is dead, and his executors or widow come to look into things, they are frightened with the very appearance of such a weight of debts, and begin to doubt how his estate will come out at the end of it. but when they come to cast up his books and his warehouse, they find, in debts abroad, perhaps £ , in goods in his warehouse £ , so that, in a word, the man has died immensely rich; that is to say, worth between £ , and £ , , only that, having been a long standard in trade, and having a large stock, he drove a very great business, perhaps to the tune of £ , or £ , a-year; so that, of all the £ , owing, there may be very little of it delivered above four to six months, and the debtors being many of them considerable merchants, and good paymasters, there is no difficulty in getting in money enough to clear all his own debts; and the widow and children being left well, are not in such haste for the rest but that it comes in time enough to make them easy; and at length it all comes in, or with but a little loss. as it is thus in great things, it is the same in proportion with small; so that in all the trade of england, you may reckon two-thirds of it carried on upon credit; in which reckoning i suppose i speak much within compass, for in some trades there is four parts of five carried on so, and in some more. all these things serve to show the infinite value of which credit is to the tradesman, as well as to trade itself; and it is for this reason i have closed my instructions with this part of the discourse. credit is the choicest jewel the tradesman is trusted with; it is better than money many ways; if a man has £ , in money, he may certainly trade for £ , , and if he has no credit, he cannot trade for a shilling more. but how often have we seen men, by the mere strength of their credit, trade for ten thousand pounds a-year, and have not one groat of real stock of their own left in the world! nay, i can say it of my own knowledge, that i have known a tradesman trade for ten thousand pounds a-year, and carry it on with full credit to the last gasp, then die, and break both at once; that is to say, die unsuspected, and yet, when his estate has been cast up, appear to be five thousand pounds worse than nothing in the world: how he kept up his credit, and made good his payments so long, is indeed the mystery, and makes good what i said before, namely, that as none trade so much upon credit in the world, so none know so well how to improve and manage credit to their real advantage, as the english tradesmen do; and we have many examples of it, among our bankers especially, of which i have not room to enter at this time into the discourse, though it would afford a great many diverting particulars.[ ] i have mentioned on several occasions in this work, how nice and how dainty a dame this credit is, how soon she is affronted and disobliged, and how hard to be recovered, when once distasted and fled; particularly in the story of the tradesman who told his friends in a public coffee-house that he was broke, and should shut up his shop the next day. i have hinted how chary we ought to be of one another's credit, and that we should take care as much of our neighbour tradesman's credit as we would of his life, or as we would of firing his house, and, consequently, the whole street. let me close all with a word to the tradesman himself, that if it be so valuable to him, and his friends should be all so chary of injuring his reputation, certainly he should be very chary of it himself. the tradesman that is not as tender of his credit as he is of his eyes, or of his wife and children, neither deserves credit, nor will long be master of it. as credit is a coy mistress, and will not easily be courted, so she is a mighty nice touchy lady, and is soon affronted; if she is ill used, she flies at once, and it is a very doubtful thing whether ever you gain her favour again. some may ask me here, 'how comes it to pass, since she is so nice and touchy a lady, that so many clowns court and carry her, and so many fools keep her so long?' my answer is, that those clowns have yet good breeding enough to treat her civilly; he must be a fool indeed that will give way to have his credit injured, and sit still and be quiet-that will not bustle and use his utmost industry to vindicate his own reputation, and preserve his credit. but the main question for a tradesman in this case, and which i have not spoken of yet, is, 'what is the man to do to preserve his credit? what are the methods that a young tradesman is to take, to gain a good share of credit in his beginning, and to preserve and maintain it when it is gained?'[ ] every tradesman's credit is supposed to be good at first. he that begins without credit, is an unhappy wretch of a tradesman indeed, and may be said to be broke even before he sets up; for what can a man do, who by any misfortune in his conduct during his apprenticeship, or by some ill character upon him so early, begins with a blast upon his credit? my advice to such a young man would be, not to set up at all; or if he did, to stay for some time, till by some better behaviour, either as a journeyman, or as an assistant in some other man's shop or warehouse, he had recovered himself; or else to go and set up in some other place or town remote from that where he has been bred; for he must have a great assurance that can flatter himself to set up, and believe he shall recover a lost reputation. but take a young tradesman as setting up with the ordinary stock, that is to say, a negative character, namely, that he has done nothing to hurt his character, nothing to prejudice his behaviour, and to give people a suspicion of him: what, then, is the first principle on which to build a tradesman's reputation? and what is it he is to do? the answer is short. two things raise credit in trade, and, i may say, they are the only things required; there are some necessary addenda, but these are the fundamentals. . industry. . honesty. i have dwelt upon the first; the last i have but a few words to say to, but they will be very significant; indeed, that head requires no comment, no explanations or enlargements: nothing can support credit, be it public or private, but honesty; a punctual dealing, a general probity in every transaction. he that once breaks through his honesty, violates his credit--once denominate a man a knave, and you need not forbid any man to trust him. even in the public it appears to be the same thing. let any man view the public credit in its present flourishing circumstances, and compare it with the latter end of the years of king charles ii. after the exchequer had been shut up, parliamentary appropriations misapplied, and, in a word, the public faith broken; who would lend? seven or eight per cent, was given for anticipations in king william's time, though no new fraud had been offered, only because the old debts were unpaid; and how hard was it to get any one to lend money at all! but, after by a long series of just and punctual dealing, the parliament making good all the deficient funds, and paying even those debts for which no provision was made, and the like, how is the credit restored, the public faith made sacred again, and how money flows into the exchequer without calling for, and that at three or four per cent. interest, even from foreign countries as well as from our own people! they that have credit can never want money; and this credit is to be raised by no other method, whether by private tradesmen, or public bodies of men, by nations and governments, but by a general probity and an honest punctual dealing. the reason of this case is as plain as the assertion; the cause is in itself; no man lends his money but with an expectation of receiving it again with the interest. if the borrower pays it punctually without hesitations and defalcations, without difficulties, and, above all, without compulsion, what is the consequence?--he is called an honest man, he has the reputation of a punctual fair dealer. and what then?--why, then, he may borrow again whenever he will, he may take up money and goods, or anything, upon his bare words, or note; when another man must give bondsmen, or _mainprize_, that is, a pawn or pledge for security, and hardly be trusted to neither. this is credit. it is not the quality of the person would give credit to his dealing; not kings, princes, emperors, it is all one; nay, a private shopkeeper shall borrow money much easier than a prince, if the credit of the tradesman has the reputation of being an honest man. not the crown itself can give credit to the head that wears it, if once he that wears it comes but to mortgage his honour in the matter of payment of money. who would have lent king charles ii. fifty pounds on the credit of his word or bond, after the shutting up the exchequer? the royal word was made a jest of, and the character of the king was esteemed a fluttering trifle, which no man would venture upon, much less venture his money upon. in king william's time the case was much the same at first; though the king had not broken his credit then with any man, yet how did they break their faith with the whole world, by the deficiency of the funds, the giving high and ruinous interest to men almost as greedy as vultures, the causing the government to pay great and extravagant rates for what they bought, and great premiums for what they borrowed--these were the injuries to the public for want of credit; nor was it in the power of the whole nation to remedy it; on the contrary, they made it still grow worse and worse, till, as above, the parliament recovered it. and how was it done? not but by the same method a private person must do the same, namely, by doing justly, and fairly, and honestly, by every body. thus credit began to revive, and to enlarge itself again; and usury, which had, as it were, eaten up mankind in business, declined, and so things came to their right way again. the case is the same with a tradesman; if he shuffles in payment, bargains at one time, and pays at another, breaks his word and his honour in the road of his business, he is gone; no man will take his bills, no man will trust him. the conclusion is open and clear: the tradesman cannot be too careful of his credit, he cannot buy it too dear, or be too careful to preserve it: it is in vain to maintain it by false and loose doing business; by breaking faith, refusing to perform agreements, and such shuffling things as those; the greatest monarch in europe could not so preserve his credit. nothing but probity will support credit; just, and fair, and honourable dealings give credit, and nothing but the same just, and fair, and honourable dealings will preserve it. footnotes: [ ] [how strikingly was this proved in the last war, when the british government obtained credit for no less than six hundred millions to conduct warlike operations, and by these means was ultimately victorious.] [ ] [the author's praises of credit must be received with caution. if his descriptions of the credit system of his own day are true, an improvement has since taken place, as business neither is nor can be now carried on to such an extent upon credit--a circumstance that redounds to the advantage of all parties.] [ ] [defoe speaks of such cases as if there were something laudable in them, whereas it is obviously for the interest of all honest traders, that no such men should be allowed to carry on business.] [ ] [defoe almost appears in this place to lay capital out of the question, and to represent credit as all in all. credit is a matter of great consequence; but we must not attempt to carry on business by its means alone. it should only be considered as an aid to capital. those who, without capital, endeavour to set up in business by means of credit, or, when capital is exhausted, attempt to struggle on by means of credit alone, will, in general, only have a life of anxiety and dispeace for their pains.] chapter xxv of the tradesman's punctual paying his bills and promissory notes under his hand, and the credit he gains by it as i said that credit is maintained by just and honourable dealing, so that just dealing depends very much upon the tradesman's punctual payment of money in all the several demands that are upon him. the ordinary demands of money upon a tradesman are-- i. promises of money for goods bought at time. ii. bills drawn upon him; which, generally speaking, are from the country, that is to say, from some places remote from where he lives. or, iii. promissory notes under his hand, which are passed oftentimes upon buying goods: bought also at time, as in the first head. iv. bonds bearing interest, given chiefly for money borrowed at running interest. . promises of money for goods bought at time. this indeed is the loosest article in a tradesman's payments; and it is true that a tradesman's credit is maintained upon the easiest terms in this case of any other that belongs to trade; for in this case not one man in twenty keeps to his time; and so easy are tradesmen to one another, that in general it is not much expected, but he that pays tolerably well, and without dunning, is a good man, and in credit; shall be trusted any where, and keeps up a character in his business: sometimes he pays sooner, sometimes later, and is accounted so good a customer, that though he owes a great deal, yet he shall be trusted any where, and is as lofty and touchy if his credit be called in question, as if he paid all ready money. and, indeed, these men shall often buy their goods as cheap upon the credit of their ordinary pay, as another man shall that brings his money in his hand; and it is reasonable it should be so, for the ready-money man comes and buys a parcel here and a parcel there, and comes but seldom, but the other comes every day, that is to say, as often as he wants goods, buys considerably, perhaps deals for two or three thousand pounds a-year with you, and the like, and pays currently too. such a customer ought indeed to be sold as cheap to, as the other chance customer for his ready money. in this manner of trade, i say, credit is maintained upon the easiest terms of any other, and yet here the tradesman must have a great care to keep it up too; for though it be the easiest article to keep up credit in, yet even in this article the tradesman may lose his credit, and then he is undone at once; and this is by growing (what in the language of trade is called) long-winded, putting off and putting off continually, till he will bear dunning; then his credit falls, his dealer that trusted him perhaps a thousand pounds previously, that esteemed him as good as ready money, now grows sick of him, declines him, cares not whether he deals with him or no, and at last refuses to trust him any longer. then his credit is quite sunk and gone, and in a little after that his trade is ruined and the tradesman too; for he must be a very extraordinary tradesman that can open his shop after he has outlived his credit: let him look which way he will, all is lost, nobody cares to deal with him, and, which is still worse, nobody will trust him. . bills drawn upon him from the country, that is to say, from some places remote from where he now dwells: it is but a little while ago since those bills were the loosest things in trade, for as they could not be protested, so they would not (in all their heats) always sue for them, but rather return them to the person from whom they received them. in the meantime, let the occasion be what it will, the tradesman ought on all occasions to pay these notes without a public recalling and returning them, and without hesitation of any kind whatsoever. he that lets his bills lie long unpaid, must not expect to keep his credit much after them. besides, the late law for noting and protesting inland bills, alters the case very much. bills now accepted, are protested in form, and, if not punctually paid, are either returned immediately, or the person on whom they are drawn is liable to be sued at law; either of which is at best a blow to the credit of the acceptor. a tradesman may, without hurt to his reputation, refuse to accept a bill, for then, when the notary comes he gives his reasons, namely, that he refuses to accept the bill for want of advice, or for want of effects in his hands for account of the drawer, or that he has not given orders to draw upon him; in all which cases the non-acceptance touches the credit of the drawer; for in trade it is always esteemed a dishonourable thing to draw upon any man that has not effects in his hands to answer the bill; or to draw without order, or to draw and not give advice of it; because it looks like a forwardness to take the remitter's money without giving him a sufficient demand for it, where he expects and ought to have it. a tradesman comes to me in london, and desires me to give him a bill payable at bristol, for he is going to the fair there, and being to buy goods there, he wants money at bristol to pay for them. if i give him a bill, he pays me down the money upon receipt of it, depending upon my credit for the acceptance of the bill. if i draw this bill where i have no reason to draw it, where i have no demand, or no effects to answer it, or if i give my correspondent no advice of it, i abuse the remitter, that is, the man whose money i take, and this reflects upon my credit that am the drawer, and the next time this tradesman wants money at bristol fair, he will not come to me. 'no,' says he, 'his last bills were not accepted.' or, if he does come to me, then he demands that he should not pay his money till he has advice that my bills are accepted. but, on the other hand, if bills are right drawn, and advice duly given, and the person has effects in his hands, then, if he refuses the bill, he says to the notary he does not accept the bill, but gives no reason for it, only that he says absolutely, 'i will not accept it--you may take that for an answer;' or he adds, 'i refuse to accept it, for reasons best known to myself.' this is sometimes done, but this does not leave the person's credit who refuses, so clear as the other, though perhaps it may not so directly reflect upon him; but it leaves the case a little dubious and uncertain, and men will be apt to write back to the person who sent the bill to inquire what the drawer says to it, and what account he gives, or what character he has upon his tongue for the person drawn upon. as the punctual paying of bills when accepted, is a main article in the credit of the acceptor, so a tradesman should be very cautious in permitting men to draw upon him where he has not effects, or does not give order; for though, as i said, it ought not to affect his reputation not to accept a bill where it ought not to be drawn, yet a tradesman that is nice of his own character does not love to be always or often refusing to accept bills, or to have bills drawn upon him where he has no reason to accept them, and therefore he will be very positive in forbidding such drawing; and if, notwithstanding that, the importunities of the country tradesman oblige him to draw, the person drawn upon will give smart and rough answers to such bills; as particularly, 'i refuse to accept this bill, because i have no effects of the drawer's to answer it.' or thus, 'i refuse to accept this bill, because i not only gave no orders to draw, but gave positive orders not to draw.' or thus, 'i neither will accept this bill, nor any other this man shall draw;' and the like. this thoroughly clears the credit of the acceptor, and reflects grossly on the drawer. and yet, i say, even in this case a tradesman does not care to be drawn upon, and be obliged to see bills presented for acceptance, and for payment, where he has given orders not to draw, and where he has no effects to answer. it is the great error of our country manufacturers, in many, if not in most, parts of england at this time, that as soon as they can finish their goods, they hurry them up to london to their factor, and as soon as the goods are gone, immediately follow them with their bills for the money, without waiting to hear whether the goods are come to a market, are sold, or in demand, and whether they are likely to sell quickly or not; thus they load the factor's warehouse with their goods before they are wanted, and load the factor with their bills, before it is possible that he can have gotten cash in his hand to pay them. this is, first, a direct borrowing money of their factor; and it is borrowing, as it were, whether the factor will lend or no, and sometimes whether he can or no. the factor, if he be a man of money, and answers their bills, fails not to make them pay for advancing; or sells the goods to loss to answer the bills, which is making them pay dear for the loan; or refuses their bills, and so baulks both their business and their credit. but if the factor, willing to oblige his employers, and knowing he shall otherwise lose their commission, accepts the bills on the credit of the goods, and then, not being able to sell the goods in time, is also made unable to pay the bills when due--this reflects upon his credit, though the fault is indeed in the drawer whose effects are not come in; and this has ruined many an honest factor. first, it has hurt him by drawing large sums out of his cash, for the supply of the needy manufacturer, who is his employer, and has thereby made him unable to pay his other bills currently, even of such men's drafts who had perhaps good reason to draw. secondly, it keeps the factor always bare of money, and wounds his reputation, so that he pays those very bills with discredit, which in justice to himself he ought not to pay at all, and the borrower has the money, at the expense of the credit of the lender; whereas, indeed, the reproach ought to be to him that borrows, not to him that lends--to him that draws where there are no effects to warrant his draft, not to him that pays where he does not owe. but the damage lies on the circumstances of accepting the bill, for the factor lends his employer the money the hour he accepts the bill, and the blow to his credit is for not paying when accepted. when the bill is accepted, the acceptor is debtor to the person to whom the bill is payable, or in his right to every indorser; for a bill of exchange is in this case different from a bond, namely, that the right of action is transferable by indorsement, and every indorser has a right to sue the acceptor in his own name, and can transfer that right to another; whereas in a bond, though it be given to me by assignment, i must sue in the name of the first person to whom the bond is payable, and he may at any time discharge the bond, notwithstanding my assignment. tradesmen, then, especially such as are factors,[ ] are unaccountably to blame to accept bills for their employers before their goods are sold, and the money received, or within reach: if the employers cannot wait, the reproach should lie on them, not on the factor; and, indeed, the manufacturers all over england are greatly wrong in that part of their business; for, not considering the difference between a time of demand and a time of glut, a quick or a dead market, they go on in the same course of making, and, without slackening their hands as to quantity, crowd up their goods, as if it were enough to them that the factor had them, and that they were to be reckoned as sold when they were in his hands: but would the factor truly represent to them the state of the market--that there are great quantities of goods in hand unsold, and no present demand, desiring them to slack their hands a little in making; and at the same time back their directions in a plain and positive way, though with respect too, by telling them they could accept no more bills till the goods were sold. this would bring the trade into a better regulation, and the makers would stop their hands when the market stopped; and when the merchant ceased to buy, the manufacturers would cease to make, and, consequently, would not crowd or clog the market with goods, or wrong their factors with bills. but this would require a large discourse, and the manufacturers' objections should be answered, namely, that they cannot stop, that they have their particular sets of workmen and spinners, whom they are obliged to keep employed, or, if they should dismiss them, they could not have them again when a demand for goods came, and the markets revived, and that, besides, the poor would starve. these objections are easy to be answered, though that is not my present business; but thus far it is to my purpose--it is the factor's business to keep himself within compass: if the goods cannot be sold, the maker must stay till they can; if the poor must be employed, the manufacturer is right to keep them at work if he can; but if he cannot, without oppressing the factor, then he makes the factor employ them, not himself; and i do not see the factor has any obligation upon him to consider the spinners and weavers, especially not at the expense of his own credit, and his family's safety. upon the whole, all tradesmen that trade thus, whether by commission from the country, or upon their own accounts, should make it the standing order of their business not to suffer themselves to be overdrawn by their employers, so as to straiten themselves in their cash, and make them unable to pay their bills when accepted. it is also to be observed, that when a tradesman once comes to suffer himself to be thus overdrawn, and sinks his credit in kindness to his employer, he buys his employment so dear as all his employer can do for him can never repay the price. and even while he is thus serving his employer, he more and more wounds himself; for suppose he does (with difficulty) raise money, and, after some dunning, does pay the bills, yet he loses in the very doing it, for he never pays them with credit, but suffers in reputation by every day's delay. in a word, a tradesman that buys upon credit, that is to say, in a course of credit, such as i have described before, may let the merchant or the warehouse-keeper call two or three times, and may put him off without much damage to his credit; and if he makes them stay one time, he makes it up again another, and recovers in one good payment what he lost in two or three bad ones. but in bills of exchange or promissory notes, it is quite another thing; and he that values his reputation in trade should never let a bill come twice for payment, or a note under his hand stay a day after it is due, that is to say, after the three days _of grace,_ as it is called. those three days, indeed, are granted to all bills of exchange, not by law, but by the custom of trade: it is hard to tell how this custom prevailed, or when it began, but it is one of those many instances which may be given, where custom of trade is equal to an established law; and it is so much a law now in itself, that no bill is protested now, till those three days are expired; nor is a bill of exchange esteemed due till the third day; no man offers to demand it, nor will any goldsmith, or even the bank itself, pay a foreign bill sooner. but that by the way. bills of exchange being thus sacred in trade, and inland bills being (by the late law for protesting them, and giving interest and damage upon them) made, as near as can be, equally sacred, nothing can be of more moment to a tradesman than to pay them always punctually and honourably. let no critic cavil at the word _honourably_, as it relates to trade: punctual payment is the honour of trade, and there is a word always used among merchants which justifies my using it in this place; and that is, when a merchant draws a bill from abroad upon his friend at london, his correspondent in london answering his letter, and approving his drawing upon him, adds, that he shall be sure to _honour_ his bill when it appears; that is to say, to accept it. likewise, when the drawer gives advice of his having drawn such a bill upon him, he gives an account of the sum drawn, the name of the person it is payable to, the time it is drawn at, that is, the time given for payment, and he adds thus--'i doubt not your giving my bill due honour;' that is, of accepting it, and paying it when it is due. this term is also used in another case in foreign trade only, namely--a merchant abroad (say it be at lisbon, or bourdeaux) draws a bill of £ sterling upon his correspondent at london: the correspondent happens to be dead, or is broke, or by some other accident the bill is not accepted; another merchant on the exchange hearing of it, and knowing, and perhaps corresponding with, the merchant abroad who drew the bill, and loth his credit should suffer by the bill going back protested, accepts it, and pays it for him. this is called accepting it for the honour of the drawer; and he writes so upon the bill when he accepts it, which entitles him to re-draw the same with interest upon the drawer in lisbon or bourdeaux, as above. this is, indeed, a case peculiar to foreign commerce, and is not often practised in home trade, and among shopkeepers, though sometimes i have known it practised here too: but i name it on two accounts, first--to legitimate the word honourable, which i had used, and which has its due propriety in matters of trade, though not in the same acceptation as it generally receives in common affairs; and, secondly, to let the tradesman see how deeply the honour, that is, the credit of trade, is concerned in the punctual payment of bills of exchange, and the like of promissory notes; for in point of credit there is no difference, though in matter of form there is. there are a great many variations in the drawing bills from foreign countries, according as the customs and usages of merchants direct, and according as the coins and rates of exchange differ, and according as the same terms are differently understood in several places; as the word _usance_, and _two usance,_ which is a term for the number of days given for payment, after the date of the bill; and though this is a thing particularly relating to merchants, and to foreign commerce, yet as the nature of bills of exchange is pretty general, and that sometimes an inland tradesman, especially in seaport towns, may be obliged to take foreign accepted bills in payment for their goods; or if they have money to spare (as sometimes it is an inland tradesman's good luck to have), may be asked to discount such bills--i say, on this account, and that they may know the value of a foreign bill when they see it, and how far it has to run, before it has to be demanded, i think it not foreign to the case before me, to give them the following account:-- . as to the times of payment of foreign bills of exchange, and the terms of art ordinarily used by merchants in drawing, and expressed in the said bills: the times of payment are, as above, either-- ( .) at sight; which is to be understood, not the day it is presented, but three days (called days of grace) after the bill is accepted: ( .) usance: ( .) two usance.[ ] usance between london and all the towns in the states generals' dominions, and also in the provinces now called the austrian netherlands [belgium], is one month. and two usance is two months; reckoning not from the acceptance of the bill, but from the date of it. usance between london and hamburgh is two months, venice is three months; and double usance, or two usance, is double that time. usance payable at florence or leghorn, is two months; but from thence payable at london, usance is three months. usance from london to rouen or paris, is one month; but they generally draw at a certain number of days, usually twenty-one days' sight. usance from london to seville, is two months; as likewise between london and lisbon, and oporto, to or from. usance from genoa to rome is payable at rome ten days after sight. usance between antwerp and genoa, naples or messina, is two months, whether to or from. usance from antwerp or amsterdam, payable at venice, is two months, payable in bank. there are abundance of niceties in the accepting and paying of bills of exchange, especially foreign bills, which i think needless to enter upon here; but this i think i should not omit, namely-- that if a man pays a bill of exchange before it is due, though he had accepted it, if the man to whom it was payable proves a bankrupt after he has received the money, and yet before the bill becomes due, the person who voluntarily paid the money before it was due, shall be liable to pay it again to the remitter; for as the remitter delivered his money to the drawer, in order to have it paid again to such person as he should order, it is, and ought to be, in his power to divert the payment by altering the bill, and make it payable to any other person whom he thinks fit, during all the time between the acceptance and the day of payment. this has been controverted, i know, in some cases, but i have always found, that by the most experienced merchants, and especially in places of the greatest business abroad, it was always given in favour of the remitter, namely, that the right of guiding the payment is in him, all the time the bill is running; and no bill can or ought to be paid before it is due, without the declared assent of the remitter, signified under his hand, and attested by a public notary. there are, i say, abundance of niceties in the matter of foreign exchanges, and in the manner of drawing, accepting, and protesting bills; but as i am now speaking with, and have confined my discourse in this work to, the inland tradesmen of england, i think it would be as unprofitable to them to meddle with this, as it would be difficult to them to understand it.[ ] i return, therefore, to the subject in hand, as well as to the people to whom i have all along directed my discourse. though the inland tradesmen do not, and need not, acquaint themselves with the manner of foreign exchanges, yet there is a great deal of business done by exchange among ourselves, and at home, and in which our inland trade is chiefly concerned; and as this is the reason why i speak so much, and repeat it so often to the tradesman for whose instruction i am writing, that he should maintain the credit of his bills, so it may not be amiss to give the tradesman some directions concerning such bills. he is to consider, that, in general, bills pass through a number of hands, by indorsation from one to another, and that if the bill comes to be protested afterwards and returned, it goes back again through all those hands with this mark of the tradesman's disgrace upon it, namely, that it has been accepted, but that the man who accepted it is not able to pay it, than which nothing can expose the tradesman more. he is to consider that the grand characteristic of a tradesman, and by which his credit is rated, is this of paying his bills well or ill. if any man goes to the neighbours or dealers of a tradesman to inquire of his credit, or his fame in business, which is often done upon almost every extraordinary occasion, the first question is, 'how does he pay his bills?' as when we go to a master or mistress to inquire the character of a maid-servant, one of the first questions generally is of her probity, 'is she honest?' so here, if you would be able to judge of the man, your first question is, 'what for a paymaster is he? how does he pay his bills?'--strongly intimating, and, indeed, very reasonably, that if he has any credit, or any regard to his credit, he will be sure to pay his bills well; and if he does not pay his bills well, he cannot be sound at bottom, because he would never suffer a slur there, if it were possible for him to avoid it. on the other hand, if a tradesman pays his bills punctually, let whatever other slur be upon his reputation, his credit will hold good. i knew a man in the city, who upon all occasions of business issued promissory notes, or notes under his hand, at such or such time, and it was for an immense sum of money that he gave out such notes; so that they became frequent in trade, and at length people began to carry them about to discount, which lessened the gentleman so much, though he was really a man of substance, that his bills went at last at twenty per cent, discount or more; and yet this man maintained his credit by this, that though he would always take as much time as he could get in these notes, yet when they came due they were always punctually paid to a day; no man came twice for his money. this was a trying case, for though upon the multitude of his notes that were out, and by reason of the large discount given upon them, his credit at first suffered exceedingly, and men began to talk very dubiously of him, yet upon the punctual discharge of them when due, it began presently to be taken notice of, and said openly how well he paid his notes; upon which presently the rate of his discount fell, and in a short time all his notes were at _par_; so that punctual payment, in spite of rumour, and of a rumour not so ill grounded as rumours generally are, prevailed and established the credit of the person, who was indeed rich at bottom, but might have found it hard enough to have stood it, if, as his bills had a high discount upon them, they had been ill paid too. all which confirms what i have hitherto alleged, namely, of how much concern it is for a tradesman to pay his bills and promissory notes very punctually. i might argue here how much it is his interest to do so, and how it enables him to coin as many bills as he pleases--in short, a man whose notes are currently paid, and the credit of whose bills is established by their being punctually paid, has an infinite advantage in trade; he is a bank to himself; he can buy what bargains he pleases; no advantage in business offers but he can grasp at it, for his notes are current as another man's cash; if he buys at time in the country, he has nothing to do but to order them to draw for the money when it is due, and he gains all the time given in the bills into the bargain. if he knows what he buys, and how to put it off, he buys a thousand pounds' worth of goods at once, sells them for less time than he buys at, and pays them with their own money. i might swell this discourse to a volume by itself, to set out the particular profit that such a man may make of his credit, and how he can raise what sums he will, by buying goods, and by ordering the people whom he is to pay in the country, to draw bills on him. nor is it any loss to those he buys of, for as all the remitters of money know his bills, and they are currently paid, they never scruple delivering their money upon his bills, so that the countryman or manufacturer is effectually supplied, and the time given in the bill is the property of the current dealer on whom they are drawn. but, then, let me add a caution here for the best of tradesmen not to neglect--namely, as the tradesman should take care to pay his bills and notes currently, so, that he may do it, he must be careful what notes he issues out, and how he suffers others to draw on him. he that is careful of his reputation in business, will also be cautious not to let any man he deals with over draw him, or draw upon him before the money drawn for his due. and as to notes promissory, or under his hand, he is careful not to give out such notes but on good occasions, and where he has the effects in his hand to answer them; this keeps his cash whole, and preserves his ability of performing and punctually paying when the notes become due; and the want of this caution has ruined the reputation of a tradesman many times, when he might otherwise have preserved himself in as good credit and condition as other men. all these cautions are made thus needful on account of that one useful maxim, that the tradesman's _all_ depends upon his punctual complying with the payment of his bills. footnotes: [ ] [by factors, defoe seems to mean the class of persons whom we now name commission-agents.] [ ] [all bills and promissory notes, inland or foreign, payable in this country, are allowed three days of grace beyond the actual period expressed upon them; thus, a bill drawn at thirty days after date, is payable only on the thirty-third day. if bills be not presented for payment on the last day of grace, they cannot be protested, and consitute only an evidence of the debt for legal recovery. if the last day of grace be a sunday, the bill is presentible on the saturday previous.] [ ] [in consequence of the great extension of commerce since the time of defoe, a short explanation of the principle and practice of drawing foreign bills of exchange now seems necessary. foreign bills of exchange are used, in order to avoid the necessity of transmitting actual money from one country to another. a merchant, for instance, in nova scotia, is owing £ to a manufacturer in glasgow: he seeks out some one who is a creditor to that amount to some person in britain; we shall say he finds a captain in the army who wishes to draw £ from his agent in london. to this captain the nova scotia merchant pays £ , and gets his order or bill on the london agent, which bill he sends to the manufacturer in glasgow, and the manufacturer transmits the bill to london for payment; any banker, indeed, will give him the money for it, deducting a small commission. thus two debts are liquidated, without the transmission of a farthing in money. the demand for bills in foreign countries to send to great britain, has the effect of raising them to a premium, which is called the rate of exchange, and is a burden which falls on the purchaser of the bill. foreign bills of exchange drawn on parties in great britain, have expressed upon them the number of days after sight at which they are to be payable. thus, a merchant on receiving a foreign bill drawn at 'thirty days after sight,' hastens to get it 'sighted,' or shown to the party on whom it is drawn, and that party accepts it, at the same time marking the date of doing so. the bill is then complete and negociable, and is presented for payment to the acceptor at the end of the time specified, allowing the usual three days of grace. should the bill not be accepted on being 'sighted,' it is a dishonoured bill, and is returned with a legal protest to the foreign correspondent. to avert, as far as possible, the loss of foreign bills by shipwreck, a set of three bills is drawn for each transaction, called first, second, and third, of the same tenor. for example: 'thirty days after sight pay this my first bill of exchange, for the sum of £ sterling; second and third of the same tenor being unpaid.' this first bill is first sent, and by next conveyance the second is sent. should the first arrive safely, the second, on making its appearance, is destroyed. the third is retained by the foreign correspondent till he hear whether the former two have arrived at their destination, and is sent only if they have been lost. on receiving whichever comes first, it is the duty of the receiver to communicate intelligence of the fact to the sender.] none none none online distributed proofreading canada team at http://www.pgdpcanada.net p a p e r s r e l a t i n g t o an a c t of the assembly o f t h e province of _n e w-y o r k_, f o r encouragement of the _indian trade_, &c. and for prohibiting the selling of _indian goods_ to the _french, viz_. of _canada_. i. a petition of the merchants of _london_ to his majesty against the said act. ii. his majesty's order in council, referring the petition to the lords commissioners of _trade_ and _plantation_. iii. extract of the minutes of the said lords, concerning some allegations of the merchants before them. iv. the report of the said lords to his majesty on the merchants petition, and other allegations. v. the report of the committee of council of the province of _new-york_, in answer to the said petition. vi. a memorial concerning the furr-trade of _new-york_, by _c. colden_, esq; t o t h e k i n g's most excellent majesty in council, the humble petition and representation of _samuel baker, samuel storke, john bayeux, richard jeneway, robert hackshaw, joseph low, joseph paice, george streatfield, william parkin_, and _john evered_, merchants of _london_, trading to _new-york_, in behalf of themselves, and the rest of the persons concern'd in the _new-york_ trade. _s h e w e t h_, that by an act passed in _new-york_ the th of _november_, , entitled, _an act for encouragement of the_ indian _trade, and rendering it more beneficial to the inhabitants of this province, and for prohibiting the selling of_ indian goods _to the_ french, all trade whatsoever is prohibited in the strictest manner, and under the severest penalties, between the inhabitants of _new-york_ government, and the _french_ of _canada_, or any subjects of the _french king_, or any person whatsoever, for or on the behalf of any such subjects; and which act was to continue in force for three years. that the reasons assigned in the preamble of this act, for the passing thereof, are, for that the _french_ at _canada_, by means of _indian_ goods purchased from the inhabitants of _new-york_, had not only almost wholly engrossed the _indian trade_ to themselves, but had, in great measure, withdrawn the affections of the _five nations_ of _indians_ from the inhabitants of _new-york_, and render'd them wavering in their faith and allegiance to your majesty; and would, if such trade was not prevented, wholly alienate the minds of the said _indians_, which might prove of dangerous consequence to the _english interest_ in _america_. that this act was sent home for your majesty's royal consideration, but your petitioners do not find that your majesty ever signified your allowance or disallowance thereof; from whence, and from the act's being to continue but three years, your petitioners humbly conceive the same was suffered to lie by probationary, to see whether the said act, in its effects, was really advantageous or prejudicial to the _british trade_ and _interest_ in _america_. that your petitioners have received advice, that the government of _new-york_ either have, or are about passing an act, to revive and continue the said act for prohibiting all trade between _new-york_ and _canada_. upon which occasion, your petitioners humbly beg leave to represent to your majesty, that the said act, tho' in the first intention of it, it might be well designed, yet, in its effects, it has proved very pernicious to the _british trade_ in general, and to the interest of _new-york_ in particular: for, besides the nations of _indians_ that are in the _english_ interest, there are very many nations of _indians_, who are, at present, in the interest of the _french_, and who lie between _new-york_, and the nations of _indians_ in the _english interest_; and this act prohibiting all trade between _new-york_ and the _french_ of _canada_, or any of the subjects of _france_, the _french_, and their _indians_, would not permit the _english indians_ to pass over by their forts, so as to carry on a free trade with _new-york_, but prevented their passages, as much as possible, whereby that most considerable and only valuable branch of trade from _new-york_, hath, ever since the passing the said act, very much lessened, from the great difficulties of carrying on any trade with the _english indians_, and the prohibition of all trade with the _french_; and all the _indian goods_ have, by this act, been raised in their price _l._ to _l._ _per cent_. whereas, on the other hand, this branch of the _new-york_ trade, by the discouragements brought upon it by this act, is almost wholly engrossed by the _french_, who have already, by this act, been encouraged to send proper _european goods_ to _canada_, to carry on this trade; so that should this act be continued, the _new-york_ trade, which is very considerable, must be wholly lost to us, and center in the _french_. and your petitioners further beg leave humbly to represent, that as they conceive nothing can tend more to the with-drawing the affections of the _five nations_ of _indians_ from the _english interest_, than the continuance of the said act, which, in its effects, restrains them from a free commerce with the inhabitants of _new-york_, and may, too probably, estrange them from the _english interest:_ whereas by a freedom of commerce, and an encourag'd intercourse of trade with the _french_, and their _indians_, the _english interest_ might, in time, be greatly improved and strengthened among the _indians_ in general, who, by such latitude of trade, might be link'd to our friendship in the strongest ties of their own interest, as well as inclinations. that therefore, and as the said act was, in its effects, so plainly destructive and prejudicial to the trade and interest of these kingdoms, and so much for the interest of the _french_, and greatly promoted that mischief which it was intended to prevent, your petitioners most humbly pray your majesty, that you would be graciously pleased to give the necessary directions to your governor of _new-york_, not to pass any new act for the reviving or continuing the said act prohibiting trade with the _french_ of _canada_; and that if any such act, or any act of the like tendency, be already passed, that the same may be repealed. _and your petitioners shall ever pray_, &c. _samuel baker_, _rob. hackshaw_, _jo. lloyd_, _sam. storke_, _j. bayeux_, _sam. fitch_, _rich. jeneway_, _jos. lowe_, _asher levy_, _john paine_, _j. bull_, _fra. wilks_, _wm. parkin_, _john gilbert_, _jos. paice_, jun. _rich. mico_, _jo. miranda_, _geo. streatfield_, _john everet_, _thompson hayne_. * * * * * _at the court at_ st. james'_s the th day of_ april, . p r e s e n t the k i n g's most excellent majesty in council. upon reading this day at the board the humble petition and representation of _samuel baker, samuel storke_, and several others, merchants of _london_, trading to _new-york_, in behalf of themselves, and the rest of the persons concern'd in the _new-york_ trade, which _petition_ sets forth, that great discouragements have been brought upon the _british trade_, by an act passed in the said colony of _new york_, the th of _november_, , entitled, _an act for the encouragement of the_ indian trade, _and rendering of it more beneficial to the inhabitants of this province, and for prohibiting the selling of_ indian goods _to the_ french. and that as the said act was to continue in force only for three years, they are informed the government of _new-york_ either have, or are about passing an act to revive and continue the same: wherefore they humbly pray, that the governor of that colony may be ordered, not to pass any new act for that purpose; and if any such act be already pass'd, that it may be repealed. it is ordered by his majesty in council, that the said petition (a copy whereof is hereunto annexed) be, and it is hereby referred to the lords commissioners for trade and plantations, to examine into the same, and report to his majesty, at this board, what they conceive fit to be done therein. signed, _james vernon_. * * * * * _extract of the minutes of the right honourable the lords commissioners for trade and plantations, the_ _th of_ july, . mr. _sharp_ attending, as he had been desired, with several _new-york_ merchants, their lordships took again into consideration the order of council of the th of _april_, mentioned in the minutes of the first of _may_ last, referring to the board their petition against the renewing an act passed in _new-york_, in _november_, , entitled, _an act for the encouragement of the_ indian _trade_, _and rendering of it more effectual to the inhabitants of this province, and for prohibiting the selling of_ indian _goods to the_ french. and mr. _sharp_, in behalf of the several merchants, acquainted their lordships, that he conceived this act, tho' its intention of gaining the _indians_ to the _english_ interest might be good, would have quite a contrary effect, because, if the trade with the _french_ was prevented, and the merchants should discontinue that with the _indians_, (as he was informed they would) the _french_ might lay hold of this opportunity to furnish themselves with goods from _europe_, and supply the five nations of _indians_, and thereby gain them to their interest: and this, by reason of their situation, would not be in the power of the _english_ to prevent: that they were two or three hundred leagues distant from _albany_, and that they could not come to trade with the _english_ but by going down the river _st. laurence_, and from thence through a lake, which brought them within eighteen leagues of _albany_. and that the _french_ having made settlements along the said river, it would be in their power, whenever they pleased, to cut off that communication. that this act had been so great a discouragement to the _british trade_, in general, that there had not been, by far, so great a quantity of beaver, and other furs, imported into _great-britain_ since the passing the said act, as there was before; nor half the quantity of _european goods_ exported. that several merchants who had sent over to _new-york_ considerable quantities of _european goods_, had received advice from their correspondents, that should another act of the like nature be passed, they could not find a vent for them, and desired they would send no more. upon the whole, mr. _sharp_ desired, in behalf of the merchants, that mr. _burnet_ might be directed not to pass any act of the like nature for the future. to the k i n g's most excellent majesty. _may it please your majesty_; in obedience to your majesty's commands, signified to us by your order in council of the th of _april_ last, referring to us the petition of several merchants of _london_ trading to _new-york_, setting forth "the great discouragements that have been brought upon the _british trade_ by an act passed in _new-york_ the th of _november_, , entitled, _an act for the encouragement of the_ indian trade, _and rendering of it more beneficial to the inhabitants of this province, and for prohibiting the selling of_ indian goods _to the_ french. and that as the said act is now expir'd, the said merchants are informed the government of _new-york_ either have, or are about passing an act to revive and continue the same; and therefore pray, that a stop may be put thereto." we humbly take leave to represent to your majesty, that we have been attended by the petitioners, who informed us, that they have found this act, by experience, to be so great a discouragement to the _british trade_, that there has not been, by far, so considerable a quantity of beaver, and other furs, imported into _great-britain_, from _new-york_, since the passing the said act, as heretofore, nor half the quantity of _european goods_ exported thither; in consequence whereof the price of furs is raised _five and twenty_ and _thirty per cent._ to the great prejudice of several _british_ manufactures. they likewise affirmed, that it was impracticable to hinder the _french_ from supplying the _indians_ with _european_ goods: for tho' _new-york_ should not furnish them, the _french_ would find another way to be supplied therewith, either from some other of his majesty's plantations, or, it might be, directly from _europe_. that it was of dangerous consequence to force this trade into a new channel, many of the goods which the _indians_ want being as easy to be had directly from _france_ or _holland_, as from _great-britain_. they further added, that it was not likely the act, in question, should produce the effects expected from it, more particularly that of securing the five _indian_ nations firmly to the _british_ interest; because, if the _french_ should once get a supply of the goods necessary for the _indian_ trade, from any other place, as the five _indian_ nations are settled upon the banks of the river of _st. lawrence_, directly opposite to _quebeck_, two or three hundred leagues distant from the nearest _british_ settlement in _new-york_, the vicinity of the _french_ would furnish them with the means of supplying even the _five nations_ with these goods, and consequently of alienating their affections from the _british_ interest. and that there was no prospect of obtaining a trade with the _french indians_ by this means, because the french would always be able to prevent their passage cross the lakes and river of _st. lawrence_ to our settlements. these were the most material objections made by the merchants against the bill. * * * * * on the other hand, the preamble of the act sets forth, that it was found by experience, that the _french_ of _canada_, by means of _indian_ goods brought from that province, had not only almost wholly engrossed the _indian_ trade, but had in great measure, withdrawn the affections of the _five nations_ of _indians_ from the inhabitants of that province, and rendered them wavering in their allegiance to your majesty; and would, if such trade were not prevented, altogether alienate the minds of the said _indians_, which would prove of dangerous consequence to the _english_ interest in _america_. and mr. _burnet_, your majesty's governor of _new-york_, informs us, that, since the passing of this act, several of the far _indians_ had come to _albany_ to trade; that some of them came above one thousand miles, and are now incorporated with the _five nations_: that he had likewise intelligence of more far _indians_ that design'd to come to _albany_, which he conceives to have been a good effect proceeding from this act: and likewise adds, that he did not doubt but the cheapness of goods in _albany_ would induce the _indians_ to trade there, rather than with the _french_ at _montreal_; and that the traders of _albany_ began to be sensible of their error in sharing a trade with the _french_, which they now perceive they can keep wholly to themselves. * * * * * _upon the whole_, being doubtful of some of the facts alledged by the merchants, and considering how far the _british trade_ may be affected by this act, on the one hand; and how much the security and interest of your majesty's colonies in _america_ may be concerned, on the other, we are humbly of opinion, that no directions should be sent to _new-york_, upon the subject-matter of this act, till mr. _burnet_ shall have been acquainted with the objections of the merchants thereto, and his answers and observations received thereupon. for which end, if your majesty shall be graciously pleased to approve of this our proposal, we shall forthwith send him copies both of the merchants memorial, and of what objections they have made before us to the subject-matter of this bill. which is most humbly submitted. signed, _j. chetwind_, _t. pelham_, _m. bladen_, _r. plummer_, _ed. ashe_. _whitehall_, _july_ , . * * * * * _the report of a committee of the council held at_ new-york, november , . _may it please your excellency_, in obedience to your excellency's commands in council, the th of _october_, referring to us a petition of several merchants in _london_, presented to the king's most excellent majesty, against renewing an act passed in this province, entitled, _an act for encouragement of the_ indian _trade, and rendering it more effectual to the inhabitants of this province, and for prohibiting the selling of_ indian _goods to the_ french; as likewise the several allegations of the said merchants before the right hon. the lords of trade and plantations, we beg leave to make the following remarks. in order to make our observations the more distinct and clear, we shall gather together the several assertions of the said merchants, both in their petition, and delivered verbally before the lords of trade, as to the situation of this province, with respect to the _french_ and _indian nations_, and observe on them, in the first place, they being the foundation on which all their other allegations are grounded. afterwards we shall lay before your excellency, what we think necessary to observe on the other parts of the said petition, in the order they are in the petition, or in the report of the lords of trade. in their geographical accounts they say, "besides the nations of _indians_ that are in the _english_ interest, there are very many nations of _indians_, who are at present in the interest of the _french_, and who lie between _new-york_ and the nations of _indians_ in the _english_ interest.----the _french_ and their _indians_ would not permit the _english indians_ to pass over by their forts." the said act "restrains them (_the five nations_) from a free commerce with the inhabitants of _new-york_. "the _five indian nations_ are settled upon the banks of the river _st. lawrence_, directly opposite to _quebeck_, two or three hundred leagues distant from the nearest _british_ settlements in _new-york_. "they (_the five nations of indians_) were two or three hundred leagues distant from _albany_; and that they could not come to trade with the _english_ but by going down the river _st. lawrence_, and from thence through a lake, which brought them within eighteen leagues of _albany_." these things the merchants have thought it safe for them, and consistent with their duty to his sacred majesty, to say in his majesty's presence, and to repeat them afterwards before the right hon. the lords of trade, though nothing can be more directly contrary to the truth. for there are no nations of _indians_ between _new-york_ and the nations of _indians_ in the _english interest_, who are now six in number, by the addition of the _tuscaroras_. the _mohawks_ (called _annies_ by the _french_) one of the five nations, live on the south-side of a branch of _hudson's-river_, (not on the north-side, as they are placed in the _french_ maps) and but forty miles directly west from _albany_, and within the _english_ settlements, some of the _english_ farms upon the same river being thirty miles further west. the _oneidas_ (the next of the five nations) lie likewise west from _albany_, near the head of the _mohawks-river_, about one hundred miles from _albany_. the _onondagas_ lie about one hundred and thirty miles west from _albany_. and the _tuscaroras_ live partly with the _oneidas_, and partly with the _onondagas_. the _cayugas_ are about one hundred and sixty miles from _albany_. and the _sennekas_ (the furthest of all these nations) are not above two hundred and forty miles from _albany_, as may appear by mr. _de l'isle_'s map of _louisiane_, who lays down the five nations under the name of _iroquois_. and goods are daily carried from this province to the _sennekas_, as well as to those nations that lie nearer, by water all the way, except three miles, (or in the dry seasons, five miles) where the traders carry over land between the _mohawks-river_ and the _wood creek_, which runs into the _oneida-lake_, without going near either _st. lawrence-river_, or any of the _lakes_ upon which the _french_ pass, which are entirely out of their way. the nearest _french_ forts or settlements to _albany_, are _chambly_ and _monreal_, both of them lying about north and by east from _albany_, and are near two hundred miles distant from it. _quebeck_ lies about three hundred and eighty miles north-east from _albany_. so far is it from being true, that the five nations are situated upon the banks of the _river st. lawrence_, opposite to _quebeck_, that _albany_ lies almost directly between _quebeck_ and the _five nations_. and to say that these _indians_ cannot come to trade at _albany_, but by going down the _river st. lawrence_, and then into a _lake_ eighteen leagues from _albany_ (we suppose they mean _lake champlain_) passing by the _french_ forts, is to the same purpose as if they should say, that one cannot go from _london_ to _bristol_, but by way of _edinburgh_. before we go on to observe other particulars, we beg leave further to remark, that it is so far from being true, that the _indians_ in the _french_ interest, lie between _new-york_ and our _five nations of indians_, that some of our nations of _indians_ lie between the _french_ and the _indians_, from whence the _french_ bring the far greatest quantity of their furs: for the _sennekas_ (whom the _french_ call _sonontouons_) are situated between _lake erie_ and _cataraqui lake_, (called by the _french ontario_) near the great fall of _jagara_, by which all the _indians_ that live round _lake erie_, round the lake of the _hurons_, round the lake of the _illenois_, or _michegan_, and round the great _upper lake_, generally pass in their way to _canada_. all the _indians_ situated upon the branches of the _misissippi_, must likewise pass by the same place, if they go to _canada_. and all of them likewise in their way to _canada_, pass by our trading-place upon the _cataraqui lake_, at the mouth of the _onondaga river_. the nearest and safest way of carrying goods upon the _cataraqui lake_ towards _canada_, being along the south-side of that lake, (near where our _indians_ are settled, and our trade of late is fixed) and not by the north-side and _cataraqui_, or _frontinac fort_, where the _french_ are settled. now that we have represented to your excellency, that not one word of the geography of these merchants is true, upon which all their reasoning is founded, it might seem needless to trouble your excellency with any further remarks, were it not to show with what earnestness they are promoting the _french interest_, to the prejudice of all his majesty's colonies in _north america_, and that they are not ashamed of asserting any thing for that end, even in the royal presence. _first_, they say, "that by the act passed in this province, entitled, _an act for encouragement of the_ indian _trade, &c_. all trade whatsoever is prohibited in the strictest manner, and under the severest penalties, between the inhabitants of _new-york_ government, and the _french_ of _canada_." this is not true, for only carrying goods to the _french_, which are proper for the _indian trade_, is prohibited. the trade as to other things, is left in the same state it was before that act was made, as it will appear to any person that shall read it: and there are yearly large quantities of other goods openly carried to _canada_, without any hindrance from the government of _new-york_. whatever may be said of the severity and penalties in that act, they are found insufficient to deter some from carrying goods clandestinely to the _french_; and the legislature of this province are convinced that no penalties can be too severe, to prevent a trade which puts the safety of all his majesty's subjects of _north america_ in the greatest danger. their next assertion is, _all the_ indian _goods have by this act, been raised_ l. _to_ l. _per cent_. this is the only allegation in the whole petition, that there is any ground for. nevertheless, though the common channel of trade cannot be altered without some detriment to it in the beginning, we are assured from the custom-house books, that there has been every year, since the passing of this act, more furs exported from _new-york_, than in the year immediately before the passing of this act. it is not probable, that the greatest difference between the exportation any year before this act, and any year since, could so much alter the price of beaver, as it is found to be this last year. beaver is carried to _britain_ from other parts besides _new-york_, and it is certain that the price of beaver is not so much altered here by the quantity in our market, as by the demand for it in _britain_. but as we cannot be so well informed here, what occasions beaver to be in greater demand in _britain_, we must leave that to be enquired after in _england_. however, we are fully satisfied that it will be found to be for very different reasons from what the merchants alledge. the merchants go on and say, _whereas on the other hand, this branch of the_ new-york _trade, by the discouragements brought upon it by this act, is almost wholly engrossed by the_ french, _who have already by this act, been encouraged to send proper_ european goods _to_ canada, _to carry on this trade, so that should this act be continued, the_ new-york _trade which is very considerable, must be wholly lost to us, and center in the_ french.----_though_ new-york _should not furnish them, the_ french _would find another_ way _to be supplied therewith, either from some other of his majesty's plantations, or it might be directly from europe_.----_many of the goods which the_ indians _want being as easy to be had directly from_ france _or_ holland, _as from_ great-britain. this is easily answered, by informing your excellency, that the principal of the goods proper for the _indian market_ are only of the manufactures of _great-britain_, or of the _british plantations, viz_. strouds, or stroud-waters, and other woollens, and rum. the _french_ must be obliged to buy all their woollens (the strouds especially) in _england_, and thence carry them to _france_, in order to their transportation to _canada_. the voyage to _quebeck_ through the bay of _st. lawrence_, is well known to be the most dangerous of any in the world, and only practicable in the summer months. the _french_ have no commodities in _canada_, by reason of the cold and barrenness of the soil, proper for the _west-india_ markets, and therefore have no rum but by vessels from _france_, that touch at their islands in the _west-indies_. _new-york_ has, by reason of its situation, both as to the sea and the _indians_, every way the advantage of _canada_. the _new-york_ vessels make always two voyages in the year from _england_, one in summer and another in winter, and several voyages in a year to the _west-indies_. it is manifest therefore, that it is not in the power of the _french_ to import any goods near so cheap to _canada_, as they are imported to _new-york_. but to put this out of all controversy, we need only observe to your excellency, that strouds (without which no considerable trade can be carried on with the _indians_) are sold at _albany_ for _l._ a piece: they were sold at _monreal_ before this act took place, at _l._ _s._ _d._ and now they are sold there for _l._ and upwards: which is an evident proof, that the _french_ have not, in these four years time (during the continuance of this act) found out any other way to supply themselves with strouds, and likewise that they cannot trade without them, seeing they buy them at so extravagant a price. it likewise appears, that none of the neighbouring colonies have been able to supply the _french_ with these goods; and those that know the geography of the country, know it is impracticable to do it at any tolerable rate, because they must carry their goods ten times further by land than we need to do. we are likewise assured, that the merchants of _monreal_ lately told mr. _vaudreuil_ their governor, that if the trade from _albany_ be not by some means or other encouraged, they must abandon that settlement. we have reason therefore to suspect, that these merchants (at least some of them) have been practised upon by the _french_ agents in _london_; for no doubt, the _french_ will leave no method untried to defeat the present designs of this government, seeing they are more afraid of the consequences of this trade between _new-york_ and the _indians_, than of all the warlike expeditions that ever were attempted against _canada_. but to return to the petitioners, _they conceive nothing can tend more to the withdrawing the affections of the_ five nations of indians _from the_ english interest, _than the continuance of the said act, which in its effects restrains them from a free commerce with the inhabitants of_ new-york, _and may too probably, estrange them from the_ english interest, _whereas by a freedom of commerce, and an encouraged intercourse of trade with the_ french _and their_ indians, _the_ english _interest might in time, be greatly improved and strengthened_. it seems to us a strange argument to say, that an act, the whole purport of which is to encourage our own people to go among the _indians_, and to draw the far _indians_ through our _indian country_ to _albany_ (and which has truly produced these effects) would on the contrary, restrain them from a free commerce with the inhabitants of _new-york_, and may too probably estrange them from the _english interest_, and therefore that it would be much wiser in us to make use of the _french_, to promote the _english interest_; and for which end, we ought to encourage a free intercourse between them and our _indians_. the reverse of this is exactly true, in the opinion of our _five nations_; who in all their publick treaties with this government, have represented against this trade, as _the building the_ french _forts with_ english _strouds_: that the encouraging a freedom of commerce with our _indians_, and the _indians_ round them, who must pass through their country to _albany_, would certainly increase both the _english interest_ and theirs, among all the nations to the westward of them; and that the carrying the _indian market_ to _monreal_ in _canada_, draws all the far _indians_ thither. the last thing we have to take notice, is what the merchants asserted before the lords of trade, _viz. that there has not been half the quantity of_ european _goods exported since the passing of this act, that used to be_. we are well assured, that this is no better grounded than the other facts they assert with the same positiveness. for it is well known almost to every person in _new-york_, that there has not been a less, but rather a greater quantity of _european goods_ imported into this place, since the passing of this act, than was at any time before it, in the same space of time. as this appears by the manifests in the custom-house here, the same may likewise be easily proved by the custom-house books in _london_. as all the arguments of the merchants run upon the ill effects this act has had upon the trade and the minds of the _indians_, every one of which we have shown to be asserted without the least foundation to support them, there nothing now remains, but to show the good effects this act has produced, which are so notorious in this province, that we know not one person that now opens his mouth against the act. before this act passed, none of the people of this province travelled into the _indian countries_ to trade: we have now above forty young men, who have been several times as far as the lakes a trading, and thereby become well acquainted, not only with the trade of the _indians_, but likewise with their manners and languages; and these have returned with such large quantities of furs, that greater numbers are resolved to follow their example. so that we have good reason to hope, that in a little time the _english_ will draw the whole _indian_ trade of the inland countries to _albany_, and into the country of the _five nations_. this government has built a publick trading-house upon _cataraqui lake_, at _irondequat_ in the _sennekas_ land, and another is to be built next spring, at the mouth or the _onondagas river_. all the far _indians_ pass by these places, in their way to _canada_; and they are not above half so far from the _english_ settlements, as they are from the _french_. so far is it from being true what the merchants say, _that the_ french _forts interrupt all communication between the_ indians _and the_ english, that if these places be well supported, as they easily can be from our settlements, in case of a rupture with the _french_, it will be in the power of this province, to intercept the greatest part of the trade between _canada_ and the _indians_, round the lakes and the branches of the _misissippi_. since this act passed, many nations have come to _albany_ to trade, and settle peace and friendship, whose names had not so much as been heard of among us. in the beginning of _may_ , a nation of _indians_ came to _albany_ singing and dancing, with their calumets before them, as they always do when they come to any place where they have not been before. we do not find that the commissioners of _indian_ affairs, were able to inform themselves what nation this was. towards the end of the same month, eighty men, besides women and children, came to _albany_ in the same manner. these had one of our five nations with them for an interpreter, by whom they informed the commissioners, that they were of a great nation, called _nehkereages_, consisting of six castles and tribes; and that they lived near a place called by the _french missilimakinak_, between the upper lake and the lake of the _hurons_. these _indians_ not only desired a free commerce, but likewise to enter into a strict league of friendship with us and our _six nations_, that they might be accounted the _seventh nation_ in the league; and being received accordingly, they left their calumet as a pledge of their fidelity. in _june_ another nation arrived, but from what part of the continent we have not learned. in _july_ the _twightwies_ arrived, and brought an _indian_ interpreter of our nations with them, who told, that they were called by the _french miamies_, and that they live upon one of the branches of the river _misissippi_. at the same time some of the _tahsagrondie indians_, who live between _lake erie_ and the lake of the _hurons_, near a _french_ settlement, did come and renew their league with the _english_, nor durst the _french_ hinder them. in _july_ this year, another nation came, whose situation and name we know not. and in _august_ and _september_, several parties of the same _indians_ that had been here last year. but the greatest numbers of these far _indians_ have been met this year, in the _indian_ country by our traders, every one of them endeavouring to get before another, in order to reap the profits of so advantageous a trade, which has all this summer long, kept about forty traders constantly employed, in going between our trading-places in our _indian_ country, and _albany_. all these nations of _indians_ who came to _albany_ said, that the _french_ had told them many strange stories of the _english_, and did what they could to hinder their coming to _albany_, but that they had resolved to break through by force. the difference on this score between the _tahsagrondie indians_ and the _french_ (who have a fort and settlement there, called by them _le detroit_) rose to that height this summer, that mr. _tonti_ who commanded there, thought it proper to retire, and return to _canada_ with many of his men. we are for these reasons well assured, that this year there will be more beaver exported for _great-britain_, than ever was from this province in one year; and that if the custom-house books at _london_ be looked into, it will be found, that there will be a far greater quantity of goods for the _indians_, (strouds especially) sent over next spring, than ever was at any one time to this province; for the merchants here tell us, that they have at this time, ordered more of these goods, than ever was done at any one time before. these matters of fact prove beyond contradiction, that this act has been of the greatest service to _new-york_, in making us acquainted with many nations of _indians_, formerly entirely unknown and strangers to us; in withdrawing them from their dependance upon the _french_, and in uniting them to _us_ and _our indians_, by means of trade and mutual offices of friendship. of what great consequence this may be to the _british interest_ in general, as to trade, is apparent to any body. it is no less apparent likewise, that it is of the greatest consequence to the safety of all the _british colonies_ in _north-america_. we feel too sensibly, the ill effects of the _french interest_ in the present war betwixt _new-england_, and only one nation of _indians_ supported by the _french_. of what dismal consequences then might it be, if the _french_ should be able to influence in the same manner, so many and such numerous _nations_, as lie to the westward of _this province, pensylvania_ and _maryland_? on the other hand, if all these _nations_ (who assert their own freedom, and declare themselves friends to those that supply them best with what they want) be brought to have a dependance upon the _english_ (as we have good reason to hope, in a short time they will) the _french_ of _canada_, in case of a war, must be at the mercy of the _english_. to these advantages must be added, that many of our young men having been induced by this act to travel among the _indians_, they learn their manners, their languages, and the situation of all their countries, and become inured to all manner of fatigues and hardships, and a great many more being resolved to follow their example; these young men, in case of a war with the _indians_, will be of ten times the service, that the same number of the common militia can be of. the effects of this act have likewise so much quieted the minds of the people, with respect to the security of the frontiers, that our settlements are now extended above thirty miles further west towards the _indian_ countries, than they were before it passed. the only thing that now remains to answer, is an objection which we suppose may be made, _what can induce the merchants of_ london _to petition against an act, which will be really so much for their interest in the end_? the reason is in all probability, because they only consider their present gain; and that they are not at all concerned for the safety of this country, in encouraging the most necessary undertaking, if they apprehend their profit for two or three years may be lessened by it. this inclination of the merchants has been so notorious, that few nations at war with their neighbours, have been able to restrain them from supplying their enemies with ammunition and arms. the count _d'estrade_, in his letters in says, that when the _dutch_ were besieging _antwerp_, one _beiland_, who had loaded four fly-boats with arms and powder for _antwerp_, being taken up by the prince of _orange_'s order, and examined at _amsterdam_, said boldly, _that the burghers of_ amsterdam _had a right to trade every where: that he could name a hundred that were factors for the merchants at_ antwerp, _and that he was one. that trade cannot be interrupted, and that for his part he was very free to own, that if to get any thing by trade it were necessary to pass through hell, he would venture to burn his sails_. when this principle so common to merchants, is considered, and that some in this place have got estates by trading many years to _canada_, it is not to be wondered that they have acted as factors for _canada_ in this affair, and that they have transmitted such accounts to their correspondents in _london_, as are consistent with the trust reposed in them by the merchants of _canada_. in the last place, we are humbly of opinion, that it may be proper to print the petition of the merchants of _london_, and their allegations before the lords of trade, together with the answers your committee has made thereto, in vindication of the legislature of this province, of which we have the honour to be a part, if your excellency shall approve of our answers: that what we have said may be exposed to the examination of every one in this place, where the truth of the matters of fact is best known; and that the correspondents of these merchants may have the most publick notice to reply, if they shall think it proper, or to disown in a publick manner, that they are the authors of such groundless informations. all which is unanimously and humbly submitted by _your excellency's_ _most obedient humble servants_, _r. walter_, _rip van dam_, _john barberie_, _fr. harrison_, _cadwallader colden_, _ja. alexander_, _abraham van horn_. * * * * * _a memorial concerning the furr-trade of the province of_ new-york. _presented to his excellency_ william burnet, _esq_; _captain general and governor_, &c. _by_ cadwallader colden, _surveyor general of the said province_, the _th of_ november . it has of late been generally believed, that the inhabitants of the province of _new-york_ are so advantageously situated, with respect to the _indian trade_, and enjoy so many advantages as to trade in general, that it is in their power not only to rival the _french_ of _canada_, who have almost entirely engrossed the furr-trade of _america_, but that it is impossible for the _french_ to carry on that trade in competition with the people of this province. the enquiring into the truth of this proposition, may not only be of some consequence, as to the riches and honour of the _british nation_, (for it is well known how valuable the furr-trade of _america_ is) but likewise as to the safety of all the _british colonies_ in _north-america_. _new-france_ (as the _french_ now claim) extends from the mouth of the river _misissippi_, to the mouth of the river _st. lawrence_, by which the _french_ plainly show their intention of enclosing the _british settlements_, and cutting us off from all commerce with the numerous nations of _indians_, that are every where settled over the vast continent of _north-america_. the _english_ in _america_ have too good reason to apprehend such a design, when they see the _french_ king's geographer publish a map, by which he has set bounds to the _british empire_ in _america_, and has taken in many of the _english settlements_ both in _south-carolina_ and _new york_, within these boundaries of _new-france_. and the good services they intend us, with the _indians_, but too plainly appears at this day, by the _indian war_ now carried on against _new-england_. i have therefore for some time past, endeavoured to inform myself, from the writings of the _french_, and from others who have travelled in _canada_, or among the _indians_, how far the people of this province may carry on the _indian trade_, with more advantage than the _french_ can; or what disadvantages they labour under, more than the _french_ do. as all endeavours for the good of ones country are excusable, i do not doubt but my intention in this will be acceptable to your excellency, though i be not capable of treating the subject as it deserves. i shall begin with _canada_, and consider what advantages they have either by their situation, or otherwise. _canada_ is situated upon the river of _st. lawrence_, by which the five great lakes (which may properly be called, _the five inland seas of north-america_) empty themselves into the ocean. the mouth of this great river is in the lat. of degrees, overagainst the body of _newfoundland_. it rises from the _cataracui lake_, (the eastermost of the five great lakes) about the lat. of degrees, and runs from thence about north-east to the ocean, and is about nine hundred miles in length, from that lake to the ocean. the five great lakes which communicate with each other, and with this river, extend about one thousand miles westward, further into the continent. so far the _french_ have already discovered, and their discoveries make it probable, that an inland passage may be found to the _south-sea_, by the rivers which run into these lakes, and rivers which run into the _south-sea_. the method of carrying goods upon the rivers of _north-america_, into all the small branches, and over land, from the branches of one river to the branches of another, was learned from the _indians_, and is the only method practicable through such large forests and deserts as the traders pass thro', in carrying from one nation to another, it is this; the _indians_ make a long narrow boat, made of the bark of the birch-tree, the parts of which they join very neatly. one of these canoes that can carry a dozen men, can itself be easily carried upon two men's shoulders; so that when they have gone as far by water as they can (which is further than is easily to be imagined, because their loaded canoes don't sink six inches into the water) they unload their canoes, and carry both goods and canoes upon their shoulders over land, into the nearest branch of the river they intend to follow. thus, the _french_ have an easy communication with all the countries bordering upon the river of _st. lawrence_, and its branches, with all the countries bordering upon these in-land seas, and the rivers which empty themselves into these seas, and can thereby carry their burdens of merchandize thro' all these large countries, which could not by any other means than water-carriage be carried thro' so vast a tract of land. this, however, but half finishes the view the _french_ have, as to their commerce in _north-america_. many of the branches of the river _misissippi_ come so near to the branches of several of the rivers which empty themselves into the great lakes, that in several places there is but a short land-carriage from the one to the other. as soon as they have got into the river _misissippi_, they open to themselves as large a field for traffick in the southern parts of _north-america_, as was before mentioned with respect to the northern parts. if one considers the length of this river, and its numerous branches, he must say, _that by means of this river, and the lakes, there is opened to his view such a scene of inland navigation as cannot be parallel'd in any other part of the world_. the _french_ have, with much industry, settled small colonies, and built stockaded forts at all the considerable passes between the lakes, except between _cataracui lake_ (called by the _french ontario_) and _lake erie_, one of our five nations of _indians_, whom we call _sennekas_, (and the _french sonontouans_) having hitherto refused them leave to erect any buildings there. the _french_ have been indefatigable in making discoveries, and carrying on their commerce with nations, of whom the _english_ know nothing but what they see in the _french_ maps and books. the barrenness of the soil, and the coldness of the climate of _canada_, obliges the greatest number of the inhabitants to seek their living by travelling among the _indians_, or by trading with those that do travel. the governor, and other officers, have but a scanty allowance from the king, and could not subsist were it not by the perquisites they have from this trade; neither could their priests find any means to satisfy their ambition and luxury without it: so that all heads and hands are employ'd to advance it, and the men of best parts think it the surest way to advance themselves by travelling among the _indians_, and learning their languages; even the bigotry and enthusiasm of some hot heads has not been a little useful in advancing this commerce; for that government having prudently turn'd the edge of the zeal of such hot spirits upon converting the _indians_, many of them have spent their lives under the greatest hardships, in endeavouring to gain the _indians_ to their religion, and to love the _french nation_, while, at the same time, they are no less industrious to represent the _english_ as the _enemies of mankind_. so that the whole policy of that government, both civil and religious, is admirably turn'd to the general advancement of this trade. indeed the art and industry of the _french_, especially that of their religious missions, has so far prevail'd upon all the _indians_ in _north-america_, that they are every where directed by _french councils_. even our own _five nations_, (the _iroquois_) who formerly were mortal enemies of the _french_, and have always liv'd in the strictest amity with the _english_, have, of late, (by the practices of the _french priests_) been so far gain'd, that several of the _mohawks_, who live nearest the _english_, have left their habitations, and are gone to settle near _monreal_ in _canada_; and all the rest discover a dread of the _french power_. that much of this is truly owing to the _priests_, appears from many of the sachems of the _iroquois_ wearing crucifixes when they come to _albany_: and those _mohawk indians_ that are gone to _canada_, are now commonly known, both to the _french_ and _english_, by the name of _the praying indians_, it being customary for them to go through the streets of _monreal_ with their beads, praying and begging alms. but notwithstanding all these advantages, the _french_ labour under difficulties that no art or industry can remove. the mouth of the river of _st. lawrence_, and more especially the bay of _st. lawrence_, lies so far north, and is thereby so often subject to tempestuous weather and thick fogs, that the navigation there is very dangerous, and never attempted but during the summer months. the wideness of this bay, together with the many strong currents that run in it, the many shelves, and sunken rocks that are every where spread over both the bay and river, and the want of places for anchoring in the bay, all increase the danger of this navigation; so that a voyage to _canada_ is justly esteem'd much more dangerous than to any other part of _america_. the many shipwrecks that happen in this navigation, are but too evident proofs of the truth of this, particularly the miscarriage of the last expedition against _canada_. the channel is so difficult, and the tides so strong, that after their shipping get into the river, they never attempt to sail in the night, tho' the wind be fair, and the weather good. these difficulties are so considerable, that the _french_ never attempt above one voyage in a year to _europe_, or the _west-indies_, tho' it be really nearer _europe_ than any of the _english colonies_, where the shipping that constantly use the trade, always make two voyages in the year. the navigation between _quebeck_ and _monreal_ is likewise very dangerous and difficult: the tide rises about or feet at _quebeck_, which occasions so strong a stream, that a boat of six oars cannot make way against it: the river in many places very wide, and the channel at the same time narrow and crooked; there are many shelves and sunken rocks, so that the best pilots have been deceived; for which reason the vessels that carry goods to _monreal_ are always obliged to anchor before night, tho' both wind and tide be fair. the flood goes no further than _trois rivieres_, half way to _monreal_, and about ninety miles from _quebeck_: after they pass this place they have a strong stream always against them, which requires a fair wind and a strong gale to carry the vessels against the stream. and they are obliged in this part of the river, as well as under the _trois rivieres_, to come to an anchor at night, though the wind be good. these difficulties make the common passages take up three or four weeks, and sometimes six weeks; tho' if they have the chance of a wind to continue so long, they may run it in five or six days. after they pass _monreal_ they have a strong stream against them till they come near the lakes; so that in all that, which is about one hundred and fifty miles in length, they force their canoes forward with setting poles, or drag them with ropes along shoar; and at five or six different places in that way the river falls over rocks with such force, that they are obliged to unload their canoes, and carry them upon their shoulders. they never make this voyage from _monreal_ to _cataracui_ in less than twenty days, and frequently, twice that time is necessary. now we are come so far as the lake, my design leads me no further, for at this lake all the far _indians_, that go to _canada_, must pass by our traders. and from thence the road to the _indian countries_ is the same from _albany_ that it is from _monreal_. besides these difficulties in the transportation, the _french_ labour under greater in the purchasing of the principal goods proper for the _indian market_; for the most considerable and most valuable part of their cargo consists in _strouds, duffils, blankets_, and other _woollens_, which are bought at a much cheaper rate in _england_ than in _france_. the _strouds_ (which the _indians_ value more than any other cloathing) are only made in _england_, and must be transported into _france_ before they can be carried to _canada_. _rum_ is another considerable branch of the _indian trade_, which the _french_ have not, by reason they have no commodities in _canada_ fit for the _west india_ market. this they supply with _brandy_, at a much dearer rate than rum can be purchased at _new-york_, tho' of no more value with the _indians_. generally, all the goods used in the _indian trade_, except _gun-powder_, and a few trinkets, are sold at _monreal_ for twice their value at _albany_. to this likewise must be added, the necessity they are under of laying the whole charge of supporting their government on the _indian trade_. i am not particularly informed of their duties or imposts, but i am well assured, that they commonly give six or seven hundred livres for a licence for one canoe, in proportion to her largeness, to go with her loading into the _indian country_ to trade. i shall next consider the advantages the inhabitants of _new-york_ have in carrying on this trade. in the _first_ place, the ships that constantly use the trade to _england_, perform their voyage to and from _london_ twice every year; and those that go to _bristol_ (the port from whence the greatest part of the goods for the _indian trade_ are exported) frequently return in four months. these goods are bought much cheaper in _england_ than in _france_: they are transported in less time, with less charge, and much less risque, as appears by the _premio_ for insurance between _london_ and _new-york_, being only _two per cent_. goods are easily carried from _new-york_ to _albany_, up _hudson's river_, the distance being only miles, the river very strait all the way, and bold, and very free from sandbanks, as well as rocks; so that the vessels always sail as well by night as by day, and have the advantage of the tide upwards as well as downwards, the flood flowing above _albany_. it may therefore be safely concluded, that all sorts of goods can be carried to _albany_ at a cheaper rate than they can be to _quebeck_, which is also three times further from the _indian country_ than _albany_ is. to put the truth of this out of all dispute, i need only observe what is well known both at _new-york_ and _albany, viz_. that almost all the strouds carried by the _french_ into the _indian countries_, as well as large quantities of other goods, for the use of the _french_ themselves, are carried from _albany_ to _monreal_. there has been an account kept of nine hundred pieces of strouds transported thither in one year, besides other commodities of very considerable value. the distance between _albany_ and _monreal_ is about two hundred miles, all by water, except twelve miles between _hudson's river_ and the _wood-creek_, where they carry their bark canoes over land, and about sixteen miles between _chambly_ and _la prairie_, overagainst _monreal_. and tho' the passage be so short and easy, these goods are generally sold at double their value in _albany_. but as this path has been thought extremely prejudicial to the interest of this colony, i shall leave it, and go on to another, that leads directly from _albany_ into the _cataracui_ or _ontario lake_, without going near any of the _french_ settlements. from _albany_ the _indian traders_ commonly carry their goods sixteen miles over land, to the _mohawks river_ at _schenechtady_, the charge of which carriage is _nine shillings new-york_ money, or _five shillings sterling_ each waggon-load. from _schenechtady_ they carry them in canoes up the _mohawks river_, to the carrying-place between the _mohawks river_, and the river which runs into the _oneida lake_; which carrying-place between is only three miles long, except in very dry weather, when they are obliged to carry them two miles further. from thence they go with the current down the _onondaga river_ to the _cataracui lake_. the distance between _albany_ and the _cataracui lake_ (this way) is nearly the same with that between _albany_ and _monreal_; and likewise with that between _monreal_ and the _cataracui lake_, and the passage much easier than the last, because the stream of the _mohawks river_ is not near so strong as the _cataracui river_ between the _lake_ and _monreal_, and there is no fall in the river, save one short one; whereas there are (as i have said) at least five in the _cataracui river_, where the canoes must be unloaded. therefore it plainly follows, that the _indian goods_ may be carried at as cheap a rate from _albany_ to the _cataracui lake_, as from _albany_ to _monreal_. so that the people of _albany_ plainly save all the charge of carrying goods two hundred miles from _monreal_ to that part of the _cataracui lake_, which the _french_ have to carry before they bring them to the same place from _monreal_, besides the advantage which the _english_ have in the price of their goods. i have said, that when we are in the _cataracui lake_, we are upon the level with the _french_, because here we can meet with all the _indians_ that design to go to _monreal_. but besides this passage by the _lakes_, there is a river which comes from the country of the _sennekas_, and falls into the _onondaga river_, by which we have an easy carriage into that country, without going near the _cataracui lake_. the head of this river goes near to _lake erie_, and probably may give a very near passage into that lake, much more advantageous than the way the _french_ are obliged to take by the great fall of _jagara_, because narrow rivers are much safer for canoes than the lakes, where they are obliged to go ashore if there be any wind upon the water. but as this passage depends upon a further discovery, i shall say nothing more of it at this time. whoever then considers these advantages _new-york_ has of _canada_, in the first buying of their goods, and in the safe, speedy, and cheap transportation of them from _britain_ to the _lakes_, free of all manner of duty or imposts, will readily agree with me, that the traders of _new-york_ may sell their goods in the _indian countries_ at half the price the people of _canada_ can, and reap twice the profit they do. this will admit of no dispute with those that know that strouds (the staple _indian commodity_) this year are sold for _ten pounds_ apiece at _albany_, and at _monreal_ for _twenty-five pounds_, notwithstanding the great quantity of strouds said to be brought directly into _quebeck_ from _france_, and the great quantities that have been clandestinely carried from _albany_. it cannot therefore be denied that it is only necessary for the traders of _new-york_ to apply themselves heartily to this trade, in order to bring it wholly into their own hands; for in every thing besides diligence, industry, and enduring fatigues, the _english_ have much the advantage of the _french_. and all the _indians_ will certainly buy, where they can, at the cheapest rate. it must naturally be objected, _that if those things are true, how is it possible that the traders of_ new-york _should neglect so considerable and beneficial trade for so long time?_ in answering this objection, i shall show the difficulties _new-york_ has labour'd under, by giving a short history of the country, so far as it relates to this trade. which method, i think, can be liable to the least objection, and put the whole in the truest light. when this country (the province of _new-york_) came first under the crown of _great-britain_, our _five nations_ of _indians_ were mortal enemies of the _french_ at _canada_, and were in a continual war with them, and all the _nations_ of _indians_ round the lakes; so that then it was not safe for the _english_ to travel further than the countries of the _five nations_; nor would our _indians_ permit the far _indians_ (with whom they had constant war) to pass thro' their countries to _albany_. besides, the _five nations_ of _indians_ were at that time so numerous, (consisting of ten times the number of fighting men they now do) that the trade with them alone was very considerable for so young and small a colony. in the latter end of king _charles_'s reign, when the _duke of york_, and _popish councils_ prevail'd, the governor of _new-york_ (who was likewise a _papist_) had orders to use all his endeavours to make up a peace between our nations (the _iroquois_) and the _french_; and that he should persuade the _five nations_ to admit _french priests_ among them, in order to civilize them. the consequence of which was, that the _french_ thereby obtained a free commerce upon the _lakes_, and obtain'd leave to build _cataraqui fort_ upon the north-side of _cataracui lake_, and have two vessels of force upon the same lake. from this time, during all king _james_'s reign, the _french_, whenever they had any differences with our _five nations_, threaten'd, that the _english_ of _new-york_ would join with them, and destroy the _five nations_; by which, and the practices of the _french priests_, our _five nations_ became very much alienated in their affections from the _english_, and look'd upon them as a people depending upon the _french_. the consequences of this appeared so dangerous to colonel _dungan_, the governor of _new-york_, (though, as i have said, a _papist_) that he again and again complain'd to his master of the ill offices the _french priests_ did the _english_ among _our nations_. when the _english_ had thus procur'd a peace for the _french_, they thought they might justly reap some advantage from it; and it's hardly to be doubted but that they had promises of that kind. they were therefore encouraged to send forty men, with great quantities of goods, into the _lakes_, under the command of major _mcgregory_, to trade with the far _nations_. at this time mr. _denonville_, governor of _canada_, was gathering together all the force of _canada_, and of the _indians_, (enemies of the _five nations_) in order to surprize the _five nations_, and destroy them, at the time they thought themselves secure by the peace so lately made. major _mcgregory_, and his company, were met by a _french_ officer on _lake erie_, coming with a great number of men to the general rendezvous of the _french_, and he, with all the _english_, were made prisoners. they were used with such severity as has never been practis'd between _christian nations_ in open war, tho' the two crowns, at that time, were not only at peace, but under the strictest ties of mutual friendship; for the _french_ used these people as slaves in building _cataraqui fort_, and a poor _frenchman_ that had conducted them, was publickly shot to death, as if he had brought an enemy into their country. such was their apprehensions then of the _english_ getting any footing among the _indians_. the _french_ governor surprized a village of the _five nations_, who, on the _french_ faith, liv'd in great security, but seven or eight leagues from the _french_ fort, and sent these miserable people to the galleys in _france_. he afterwards fell upon the _sennekas_, and burnt their villages, but without any advantage to the _french_, they having lost more men than the _indians_ did. this renew'd the war with greater fury than ever, between the _french_ and _our indians_. for some time afterwards, _our indians_, in a great body, fell upon the island of _monreal_, while mr. _denonville_ was in the town: they burnt and destroy'd all the villages and houses round _monreal_, and kill'd some hundreds of men, women, and children. afterwards they came into the open fields before _monreal_, and there defy'd the _french_ governor, who did not think it proper to fight them. and when they had done all the mischief they could, they retir'd without any loss. about this time the revolution happen'd in _great-britain_, which was succeeded by a war between _great-britain_ and _france_. in _february_, / , a party of three hundred men, consisting of equal numbers of _french_ and _indians_, surprized _schenechtady_ in the night-time, when the poor people were in their beds, in the greatest security, where they barbarously murdered sixty-three men, women, and children, in cold blood, laid the village in ashes, and then retir'd, without reaping any other advantage besides this cruel revenge on innocent people, for the mischief _our indians_ had done them. this rais'd a cruel war between the two colonies, in which there was much mischief done, and blood shed, without any advantage to either side. in time of this war, the _most christian king's_ governor of _canada_ was so much provoked, that he thought fit to follow the example of our barbarous _indians_, and burn his _indian prisoners_ alive, in the most cruel manner, in sight of all the inhabitants of _quebeck_, and to deliver up the _english prisoners_ to the _french indians_, who indeed had more mercy, for they kill'd none of them. king _william_'s peace put an end to this war; but the peace lasted so short a while, that the people of this province hardly had time to re-settle their farms on the frontiers, which they had deserted in the time of the war, much less to adventure trading in the _indian countries_, so lately the scene of so much cruelty. but both colonies having now an abhorrence of the cruelties of the last war, agreed on a kind of neutrality for the _indians_, during queen _anne_'s war, in which time we lost much ground with our own _indians_: for the _french_ having learn'd, by dear experience, that it was not possible for them to conquer _our five indian nations_, resolv'd to try all means to gain their affections, and in this art the _french_ are always more successful than in that of war; and the _english_ failing in two ill-concerted expeditions against _canada_, the _indians_ lost much of the opinion they had of the _english_ power and valour. in time of this last war, the clandestine trade to _monreal_ began to be carried on by _indians_, from _albany_ to _monreal_. this gave rise to the _kahnuaga_, or _praying indians_, who are entirely made up of deserters from the _mohawks_ and _river indians_, and were either enticed thither by the _french priests_, or by our merchants, in order to carry goods from _albany_ to _monreal_, or run away for some mischief done here. these _indians_ now consist of about eighty fighting men, and live about four leagues above _monreal_: they neither plant nor hunt, but depend chiefly upon this private trade for their subsistence. these _indians_, in time of war, gave the _french_ intelligence of all designs here against them: by them likewise the _french_ engaged our _five nations_ in a war with the _indians_ friends of _virginia_, and from them we might expect the greatest mischief in time of war, seeing every part of the province is as well known to them as to any of the inhabitants. but if this trade was entirely at an end, we have reason to believe, that these _indians_ would return to their own tribes, for they then could not long subsist where they now are. as soon as the peace was proclaim'd, an open trade with _monreal_ was carried on with such earnestness, that _monreal_ was fill'd with _indian goods_, and _albany_ exhausted; by which means _monreal_ became the principal, if not the only _indian market_, and the _indians_ depended entirely on the _french_ for what they wanted. our merchants were fond of the _canada_ trade, because they sold large quantities of goods without any trouble, the _french_ taking them from their doors; whereas the trade with the _indians_ is carried on with a great deal of toil and fatigue; and as to the interest of the country, they either never thought any thing about it, or if they did, had no regard to it. * * * * * now i have brought this account to the time your excellency arriv'd; what has happen'd since, your excellency knows better than i can by any means inform you. from the whole, it seems plain, that any difficulties and disadvantages this province has been under, have only proceeded from the wars, which have continued since the first settling of the province, to the beginning of the last general peace. but now, that not only _this province_, but likewise our _six nations_ of _indians_ are at peace, and in amity, both with the _french_, and all the _indian nations_ with whom we can have any commerce, these difficulties are all remov'd, and we now enjoy the most favourable time, that at any time can be hoped for, in order to extend the _british commerce_ in _north-america_, while the _french_ not only labour under the difficulties which i have shown to be inseparable from the situation of their colony, but likewise under another disadvantage, (not before taken notice of) by the furr-trade of _canada_ being restrain'd to one company. this company is obliged to pay heavy duties in _france_ upon the importation of beaver, or any other furr; for which reason they always fix a price upon beaver, and their other furrs, in _canada_; and the _indian traders_ of _canada_ being restrain'd from selling to any but the company's agents there, they cannot raise the price of _indian goods_ as the price of _european_ rise, or as their profit on the goods they sell to the _indians_ is lessen'd. the merchants of _new-york_ allow our _indian_ traders double the price for beaver, that the _french_ company allow their _indian_ traders, the price established by the company for beaver, in _canada_, being two livres, or _eighteen pence sterling_, the pound-weight; and the current price of beaver in _new-york_ being _five shillings new-york_ money, or _three shillings sterling_ the pound-weight. therefore it plainly follows, that our _indian traders_ could under-sell the _french traders_, tho' they were to give as great a price for _european goods_ as the _french_ do, and did transport them at as great charge, because of the double price they have for their furrs in _new-york_. but as our _indian traders_ not only have a double price for their _indian goods_, but likewise buy the goods they sell to the _indians_, at half the price the _french indian traders_ do, the _french traders_ must be ruin'd by carrying on this trade, in competition with the _english_ of _new-york_. and the _french indian traders_ had been ruin'd before now, if they had not found means to carry their beaver to _albany_, where they got double the price they must have sold for in _canada_. it may be objected, against this argument, _that the_ canada _company as soon as they find that the traders cannot sell at their established price, will allow a greater price_. but if we consider the duties the _french company_ is obliged to pay to the king, they cannot allow so great a price as the _english_ can at _new-york_. and if it should be insisted, _that the_ french company _may obtain a remission of those_, yet if the clandestine trade with _albany_ be entirely stopt, the _french traders_ will be ruin'd before such remission can be obtain'd, and their trade will be at an end. * * * * * my inclination led me to show what advantages not only the _indian trade_ would reap by extending our frontiers as far as the lakes, but likewise the _british trade_ in some other branches, which the parliament of _great britain_ seem to have much at heart, _viz. naval stores_; for the soil on both sides of the _mohawks river_ being as rich as it is possible (i believe) for any land to be, will be found the most proper for raising of hemp, of any part of _america_, and the whole country round it being full of the largest pines, the royal navy is as likely to be well provided with masts there, and at as cheap a rate as any where else. but i have already too far presum'd on your excellency's patience. _cadwallader colden_. * * * * * to this it may not be improper to add the following original letter. _from_ j. a. _esq; to mr_. p. c. _of_ london, _shewing the success of the measures taken at that time_. _new-york_, . _s i r_, if you should be at the pains to read these printed papers, it will be a pleasure to you to hear of the success of the measures taken by governor _burnet_ for redeeming the _indian_ trade out of the hands of the _french_. he has succeeded far above our expectations. governor _burnet_, through his earnest application, and at first chiefly with his money, credit, and risque, erected a trading-house and fortification at the mouth of the _onondagues_ river, called _osneigo_, where the province of _new-york_ supports a garrison of soldiers, consisting of a lieutenant and twenty men, which are yearly relieved. at this place a very great trade is carried on with the remote _indians_, who formerly used to go down to the _french_ at _monreal_, and there buy our _english_ goods, at second hand, at above twice the price they now pay for them at _osneigo_; whilst, at the same time, the _french_ were chiefly supplied by one gentleman at _new-york_, who almost entirely engrossed the _indian_ trade of this province, and thereby acquired a very great estate and influence. but the prudent steps taken by our late worthy governor, to open a free trade, was the cause of the engrosser's losing his.--the probability of doing this, was the principal motive of our applying to the king, which is shown by these printed papers. the _indian_ trade, to the great advantage of this province, is now divided into several hundred hands, and there have been for many years past upwards of one hundred young men of this province, who have gone yearly among the _indians_, to supply them with our goods. by this means, at a modest estimate, i am assured, that the _indian_ trade of this province is now far above five times as much as when governor _burnet_ began to put his scheme in execution. and this is not all the advantages reaped thereby, but a much more considerable one to this, and all the other _english_ colonies is, that not only our own six nations, but also many far and remote _indian_ nations are drawn off from their dependance on the _french_, and made, by trade and intercourse, dependant on the _english_; by this means a great security and protection is acquired by the _english_, in case of a war with _france_; and by this trade our settlements in this province are extended up to the _onondagues_ carrying-place, which is now well attended with waggons, for the more commodious transporting of goods to trade in the lakes. and they are now settling on the branches of _sasquehanah_ river; and from the western branches of this river, there is but a small land-carriage to _allegheny_, a branch of that great river _misissippi_; which branch extending a thousand miles from its mouth, where it enters the said river; and which joins so near to our settlements, as is above taken notice of, opens us a trade to that vast country, called by the _french louisiana_, which they possess on the _misissippi_. i am, s i r, _your humble servant_, j. a. [illustration] t h e =t r e a t y= h e l d w i t h t h e _i n d i a n s_ o f t h e s i x n a t i o n s, a t _p h i l a d e l p h i a_, in _j u l y_, . t h e t r e a t y, &c. the deputies of the six nations having, at their last visit, agreed to release their claim to all the land on both sides of the river _sasquehanah_, as far south as this province extends, and to the northward to those called the _endless mountains_, or _kittochtinny hills_; in consideration whereof, they then received a large quantity of valuable _indian_ goods for the lands situate on the eastern side of the said river, but declined at that time to receive any for those on the western side of the said river, chusing to defer the same till another visit; a large number arrived from these nations at _philadelphia_, on _wednesday_ the th of _june_, with deputies duly impowered to receive the said goods; and acquainted the governor, that being weary from the fatigue of their long journey, they should crave three or four days to rest themselves before they proceeded to their business: in the mean time they would wait on the governor to discourse, according to their usual method, about news and other occurrences; which the governor readily agreed to, and ask'd them when they would chuse to pay their first visit; which they desiring might be on _friday_ the d of _july_, in the afternoon, the council was accordingly summon'd, and met at mr. _logan_'s house, where were p r e s e n t, the honourable _g e o r g e t h o m a s_, esq; lieutenant-governor. _james logan_, } _clement plumsted_, } _samuel hasell_, } _abraham taylor_, } esqrs; _samuel preston_, } _thomas lawrence_, } _ralph asheton_, } _robert strettell_, } the chiefs of the _six nations_, with the chiefs of the _shawanese_. _c a n a s s a t e e g o_, the _onondago_ chief, speaker. _c o n r a d w e i s e r_, interpreter. the governor opened the conference as follows. '_b r e t h r e n_, 'the proprietor having purchased certain lands from your nations about six years ago, a moiety of what was agreed to be given in consideration of that purchase was at that time delivered to them, and the other being at their desire left in the proprietor's hands, he pressed you by _shikalamy_ to send last year for it, and would have been glad to have seen you, and taken you by the hand before his departure. but as the design of this meeting is to hear your news, and converse together in a free and friendly manner, i shall say no more about the goods than that they lie ready at the proprietor's house, and will be delivered when you shall have sufficiently rested from the fatigue of your journey.' the chief of the _onondagoes_ spoke. '_b r e t h r e n_, 'we propose to rest four days, and then come to the main business. at present we are at a private conference about news, and have something of this sort to mention to our brother _onas_.' and on the governor's signifying they would be glad to know what it was, the chief proceeded. '_b r e t h r e n_, 'it is our way when we come to our brethren, or any other persons, whom we live in strict friendship with, to remove all obstructions to a good understanding; with this view we are to inform you of a piece of disagreeable news that happen'd in our journey.----some white people living at a place called _conegocheegoe_, whose names we cannot tell, nor whether they belong to this or the neighbouring government, but one of them, as we heard, had his house burnt over his head some years ago, and he was brought down a prisoner and committed to the goal of this city: these people lighting of our young warriors, as they were hunting, made some proposals about the purchasing of land from them, and our young men being indiscreet, and unacquainted with publick business, were foolish enough to hearken to them, and to receive five duffil strowds for two plantations on the river _cohongoronto_. a _conestogoe indian_, and a _french indian_, and some others that were in company, had three duffil strowds, and went away with them; and our young men carried off the other two. as soon as this came to our knowledge, we sent for our warriors, and after examining and rebuking them severely, we took away their two strowds, and publickly censured them for exposing us to our brethren of _pensylvania_, in doing a thing so inconsistent with our engagements to them; "you are, said we aloud, that all our people might hear and take notice, to know and remember, that the six nations have obliged themselves to sell none of the land that falls within the province of _pensylvania_, to any other but out brother _onas_, and that to sell lands to any other is an high breach of the league of friendship." brethren, this rash proceeding of our young men makes us ashamed. we always mean well, and shall perform faithfully what we have promised: and we assure you, this affair was transacted in the manner we have related, without our privity or consent. and that you may be fully convinced of this, and of the sincerity of our intentions, we have brought you these two strowds [_here he presented two red strowds to the governor_] they are the very strowds our foolish young men received; we took them from them, and we give them to you to return to those white people who made the bargain, and desire when the strowds are returned to them, they may be told what we now say, and that we shall not confirm such bargains, nor any other that may interfere with our engagements to our brother _onas_.' the governor then spoke: '_b r e t h r e n_, 'i thank you for this piece of news; you have taken this matter perfectly right. all bargaining for land within this province, is, to be sure, a manifest breach of your contract with the proprietors, and what we know you will not countenance. we have hitherto found the _six nations_ faithful to their engagements, and this is a fresh instance of their punctuality. you could not help these mistakes of your young men; they were not done in your presence: but as several inconveniencies may arise from these kind of clandestine sales, or from any such loose sales of land by your people, we desire you will, on your return home, give publick notice to all your warriors not to bargain for any land; or if they do, that you will not confirm such bargains; and that this very affair, together with what you have done therein, may be particularly reported to all your nation assembled in council.' the _onondago_ chief promised to give such publick notice; and desiring liberty to mend his former speech, he proceeded: '_b r e t h r e n_, 'i forgot one circumstance: our people, who pretended to sell the land, demanded a belt of wampum of the buyers to carry to their chiefs; and on their declaring they had no wampum, our warriors said, they would not answer that their chiefs would confirm this bargain, since they never did any thing of this nature without wampum.' the governor, after a short pause, spoke: '_b r e t h r e n of the six nations_, 'i take this opportunity to relate to you a piece of disagreeable news i received some days ago in a letter from _le tort_, the _indian_ trader, at _allegheny_, who says, "that in _may_ last some _indians_ of the _taway_ nation, supposed by us to be the _twightwees_, in their return from war, called and staid some time with the _shawanese_; who being asked, and denying they had brought either scalps or prisoners, the _shawanese_ suspecting them, had the curiosity to search their bags, and finding two scalps in them, that by the softness of the hair did not feel like _indian_ scalps, they wash'd them clean, and found them to be the scalps of some christians. on this discovery, the _twightwees_ were so much ashamed, that they stole away from their town in the night-time; and coming, as they afterwards understood, to a little village belonging to the _shawanese_, they told our people that their hearts were full of grief; for, as they came along the road, they found it all bloody; and having good cause to believe it was made bloody with the blood of some of the white brethren, they had very sorrowfully swept the road; and desired them to inform the governor of _pensilvania_ of their (the _twightwees_) grief; and how they had swept the road clean." '_le tort_ adds, on behalf of the _shawanese_,' "that they were much grieved at this unfortunate accident; and prayed, as they had no concern in it, more than by being instruments to discover it, their brethren would not blame them, nor suffer a misunderstanding to arise between them on this account: they would sweep the road clean, and wipe all the blood away; and desired their brethren would be satisfied with this, and not weep too much for a misfortune that might not happen again as long as the sun and moon shone." 'the person who delivered me _le tort_'s letter, brought this bundle of skins as a present to me; but i told the messenger, i would not meddle with it; he might leave it if he pleased: the affair appear'd to me in a bad light, and i would represent it to the _six nations_, who were expected in town every day. this is the fact, as i have it from _le tort_: i desire to be inform'd if you know any thing of this matter; and if you do not, that you will make diligent enquiry who committed the murder, and who are the unhappy sufferers, and assist us to obtain satisfaction, if it shall appear to be any, of our fellow-subjects that have been treated in this manner.' _to inforce this request, i present you with this string of wampum_. the _onondago_ chief, in reply, said: '_b r e t h r e n_, 'we take this information kindly at your hands; we will take this string of wampum home with us to our lodgings, and there consult about the most regular and proper steps to be taken by us to answer your expectations, and when we have duly considered the matter, we will return you an answer.' upon this the governor put an end to the conference; and calling for wine, and other liquors, according to the _indian_ custom, after a decent and chearful entertainment, the _indians_ withdrew. * * * * * at a c o u n c i l held at the proprietor's house, _july_ , . p r e s e n t the honourable _g e o r g e t h o m a s_, esq; lieutenant-governor. _james logan_, } _clement plumsted_, } esqrs; with several gentlemen of the town. _the chiefs of the six nations_. it being judg'd proper, at this critical time, when we are in daily expectation of a _french_ war, to sound the _indians_, and discover what dependance we might have on them, in case their aid should be wanted, an handsome dinner was provided for their chiefs; and after they had made an hearty meal, and drank his majesty's health, the proprietors, and the health of the _six nations_, the chiefs gave the solemn cry, in testimony of their thanks for the honour done them. and soon after the governor began, in a free way, to enquire for what reason the _senecas_ were not come down, since they had an equal share of the goods with the other nations.----_canassateego_, their speaker, said, 'the _senecas_ were in great distress, on account of a famine that raged in their country, which had reduced them to such want, that a father had been obliged to kill two of his children to preserve his own, and the rest of his family's lives; and they could not now come down, but had given directions about their share of the goods.'----the governor express'd his concern for the unhappy circumstances of their brethren of the _seneca_ nation; and, after a short respite, enquired if any of their deputies were then at _canada_, and whether the _french_ governor was making any warlike preparations. and on their answering _yes_, the governor said, with a smiling, pleasant countenance, 'i suppose, if the _french_ should go to war with us, you will join them.' the _indians_ conferr'd together for some time, and then _canassateego_, in a chearful lively manner, made answer.----'we assure you, the governor of _canada_ pays our nations great court at this time, well knowing of what consequence we are to the _french_ interest: he has already told us, he was uncovering the hatchet, and sharpening it, and hoped, if he should be obliged to lift it up against the _english_, our nations would remain neuter, and assist neither side.----but we will now speak plainly to our brethren: why should we, who are one flesh with you, refuse to help you, whenever you want our assistance?----we have continued a long time in the strictest league of amity and friendship with you, and we shall always be faithful and true to you our old and good allies.----the governor of _canada_ talks a great deal, but ten of his words do not go so far as one of yours.----we do not look towards them; we look towards you; and you may depend on our assistance.' whilst the _onondago_ chief made this open and hearty declaration, all the other _indians_ made frequently that particular kind of noise which is known to be a mark of approbation.----the governor bid the interpreter tell _canassateego_, 'he did not set on foot this enquiry from any suspicion he had of the _six nations_ wanting a due regard for the _english_.--our experience of their honour and faith, said he, would not permit us to think any other of them, than that they would esteem our friends their friends, and our enemies their enemies, agreeable to the strict union which had ever subsisted between us.--as to the governor of _canada_, he told them they need not mind what he said.--the _english_, on equal terms, had beat the _french_, and could beat them again: and were they but to consider the advantages which the _english_ have, by possessing so many large and populous countries, and so many good ports on the continent of _america_, they would soon see who had most reason to fear a war, the _french_ or the _english_.' * * * * * here the conversation dropped; and after another glass of wine, the _indians_ resumed the discourse, by asking whether their brethren had not been for some time engaged in a war with the king of _spain_, and what successes they had met with. the governor told them, the king of _great-britain_ lived in an island, and being surrounded with the sea, his chief strength lay in his ships; in which he was so much superior to his enemies, that they were seldom to be met with on the broad ocean, but sculk'd and hid themselves, only venturing out now and then; and whenever they did, they were almost sure to be taken; and that the king of _great-britain_ had with his ships, beat down, or taken several of the _spaniards_ great forts in _america_.--the _indians_ said, they were pleased to hear their brethren were an over-match for their enemies, and wish'd them good success. the governor then enquired into the state and condition of the nations to the westward of the great lakes, and whether they had any warriors then in those countries? whether they had concluded peace with the southern _indians_? and whether they had heard what their deputies had done at _albany_? they made answer: that they had always abundance of their men out amongst the nations situate to the west of their lakes.--that they had kindled a fire with a vast many nations, some whereof were tributaries, and they had a good understanding with all.--they set out from their own country in company with two sets of deputies, one going to hold a treaty with the southern _indians_, and they believed a peace would be concluded: the other going to meet the governor of _new-york_, at _albany_; but they could not tell what had been done at either place.--on their return, they were to hold a general council, and would inform their brethren of these particulars. then the governor put an end to the conference, by telling the _indians_ the goods would be delivered to them at a council to be held to-morrow afternoon at the meeting-house. * * * * * at a council held in the meeting house, _philadelphia, july_ , . p r e s e n t, the honourable _g e o r g e t h o m a s_, esq; lieutenant-governor. _james logan_, } _clement plumsted_, } _abraham taylor_, } esqrs; _samuel preston_, } _ralph asheton_, } _robert strettell_, } _c a n a s s a t e e g o_, chief of the _onondagoes_, speaker. s h i c a l a m y, and a great number of _indians_, whose names are as follows, _viz_. o n o n t o g o e s. _sawegaty_, } _caxhayion_, } counsellors. _saguyassatha_, _kayadoghratie_, alias _slanaghquasy_, _rotier-uwughton_, _tokaughaah_, _tiorughwaghthe_, _tokano-ungoh_, _aronty-oony_, _tohanohawighton_, _tioghwatoony_, _auughrahysey_. c a i y o q u o s. _sahugh-sowa_, } _tohatgaghthus_, } chiefs. _tokany-esus_, _runho-hihio_, _kanadoghary_, _zior-aghquaty_, _sagu-iughwatha_, alias _cadcaradasey_, _sca-yenties_, _tats-heghteh_, _alligh-waheis_, _tayo-quario_, _hogh degh runtu_, _rotehn haghtyackon_, captain. _sawoalieselhohaa_, _sagughsa-eck_, _uwantakeraa_, _horuhot_, _osoghquaa_, _tuyanoegon_. a n o y i u t s, _or_ o n e i d a s. _saristaquoh_, } ungquaterughiathe, alias _shikelimo_, } chiefs. _tottowakerha_, _taraghkoerus_, _onughkallydawwy_, a noted young chief. _onughnaxqua_, chief. _tawyiakaarat_, _tohathuyongochtha_, _sughnakaarat_, _taghneghdoerus_, _tokanyiadaroeyon_, _sagogughyatha_, _rahehius_, _tokanusoegon_. j e n o n t o w a n o s, _or_ s e n e c a s. _karugh iagh raghquy_, captain. _tahn heentus_, _onontyiack_. t u s c a r r o r o s. _sawontka_, } _ti-ieroes_, } chiefs. _cloghsytowax_, } _tokaryhoegon_, captain. _oghioghseh_, _tieleghweghson_, _tougrotha_, _yorughianego_, _ot-quehig_, _squaghky_, _sayadyio_, _onughsowûghton_, _cherigh wâstho_, _aghsûnteries_, _tion ogh scôghtha_, _saligh wanaghson_, _ohn-wâasey_, _tocar-eher_ [died since at _tulpehokin_.] _tohanatâkqua_, _kanyhâag_. s h a w a n o e s. _wehwehlaky_, chief. _aset teywa_, _asoghqua_, _maya minickysy_, _wawyia beeseny_. canestogo _indians that speak the_ onayiut's _language_. _tior haasery_, chief. _tanigh wackerau_, _karha cawyiat_, _kayen quily quo_. c a n o y i a s, _or_ n a n t i k o k e s, _of_ canestogo. _des-seheg_, _ichqua que heck_, _quesamaag_, _ayiok-ius_. d e l a w a r e s _of_ shamokin. _olumapies_, } _lingehanoah_, } chiefs. _kelly macquan_, _quitie-yquont_, _pishquiton_, _nena chy haut_. d e l a w a r e s _from the_ forks. _onutpe_, } _lawye quohwon_, alias _nutimus_, } chiefs. _toweghkappy_. _cornel. spring_, and others. c o n r a d w e i s e r, c o r n e l i u s s p r i n g, _interpreters_. and a great number of the inhabitants of _philadelphia_. the governor having commanded silence, spoke as follows: '_friends and brethren of the six nations_, 'six years ago a number of your chiefs obliged us with a visit, when they agreed on behalf of your nations, to the release of certain lands on both sides the river _sasquehannah_, to the southward of the _endless-mountains_, and within the limits and bounds of the king's grant of this province. in consideration of which, a certain quantity of goods was agreed on, and delivered as a full satisfaction for the said lands, lying on the eastern side of the said river: and for the lands on the western side of the said river, you desired the payment should be deferr'd till another opportunity. these goods, which are exactly the same in quantity, as those you received the last time the chiefs of your nations were here, have been ready a considerable time, and kept in expectation of your coming for them: and now you are come down, fully impowered by your respective councils to receive them, we are well pleased to deliver them; leaving it to you to make a fair and equal division of them amongst yourselves. we are sorry for the absence of our brethren the _senecas_, and much more so, that it should be owing to their distress at home by a famine that rages in their country:--a famine so great, that you tell us a father has been obliged to sacrifice one part of his family, even his own children, for the support and preservation of himself, and the other part.--we heartily commiserate their condition, and do not doubt but you will do them fair and ample justice in the disposal of their part of the goods, in such manner as they have instructed you. you shall now hear the list of the goods read to you.' here, by the governor's order, the list of the goods was read over, _viz_. _pounds of powder_. _pounds of lead_. _guns_. _strowd-matchcoats_. _blankets_. _duffil matchcoats_. _yards half-thick_. _shirts_. _hats_. _pair shoes & buckles_. _pair stockings_. _hatchets_. _knives_. _hoes_. _kettles_. _tobacco-tongs_. _scissars_. _awl-blades_. _combs_. _needles_. _flints_. _looking-glasses_. _pounds of vermilion_. _tin-pots_. _tobacco-pipes_. _pounds of tobacco_. _dozen of gartering_, and _gallons of rum_. then the governor told them that the goods, of which the particulars had been just read to them, were in the meeting-house, and would be sent to whatever place they would direct. the governor then proceeded: '_b r e t h r e n_, 'you have often heard of the care that your great and good friend and brother _william penn_, took at all times to cultivate a perfect good harmony with all the _indians_: of these your nations have ever been fully sensible; but more especially a number of your chiefs, about ten years ago, when on the arrival of a son of your said great friend _william penn_, large and valuable presents were exchanged by us with you; a new road was made and clear'd; a new fire kindled; and the chain of friendship made stronger, so as to last while the sun and moon endure. 'and now we cannot but congratulate ourselves, that your coming should happen at a time, when we are in daily expectation of a war being declared between the king of _england_, and the _french_ king, well knowing that should such a war happen, it must very sensibly affect you, considering your situation in the neighbourhood of _canada_. your coming at this juncture is particularly fortunate, since it gives us an opportunity of mentioning several things that may be necessary to be settled, between people so strictly and closely united as we are.--an union not to be expressed by any thing less, than the affectionate regards which children of the same parents bear for each other, as conceiving ourselves to be one flesh and one people. 'the utmost care therefore ought mutually to be taken by us on both sides, that the road between us be kept perfectly clear and open, and no lets nor the least obstruction be suffered to lie in the way; or if any should by accident be found, that may hinder our free intercourse and correspondence, it must forthwith be removed. _to inforce this, we lay down a string of wampum._ 'in the next place, we, on our part, shall inlarge our fire that burns between us. we shall provide more fewel to increase it, and make it burn brighter and clearer, and give a stronger and more lasting light and warmth. _in evidence of our sincere intentions, we lay down this belt of wampum_. 'in the last place, considering the obligations we are mutually under by our several treaties, "that we should hear with our ears for you, and you hear with your ears for us." we shall at times very willingly give you the earliest and best intelligence, of any designs that may be form'd to your disadvantage.--and if you discover any preparations that can hurt us, we desire you will immediately dispatch some suitable person in whom we can place a confidence, to give us a proper information.' _to inforce this request, as well as to brighten the chain, we lay down this other belt of wampum._ on the governor's concluding the speech, the solemn cry by way of approbation was repeated by the _indians_, as many times as there were nations present; and then _canassateego_ rose up and spoke. '_b r e t h r e n_, 'we thank you for your kind speech: what you have said is very agreeable to us; and to-morrow when we have deliberated on the several matters recommended to us, we will give you our answer. we desire, as our time will be wholly taken up in council, you will order the goods to be carried back to the proprietaries to prevent their being lost, and that they may continue there till we call for them.' * * * * * at a c o u n c i l held in the meeting-house, _july_ , . p r e s e n t, the honourable _g e o r g e t h o m a s_, esq; lieutenant-governor. _james logan_, } _thomas lawrence_, } _abraham taylor_, } esqrs; _samuel preston_, } _samuel hasell_, } _robert strettell_, } _c a n a s s a t e e g o_'s speech on behalf of the _six nations_. '_b r e t h r e n, the governor and council, and all present_, 'according to our promise we now propose to return you an answer to the several things mentioned to us yesterday, and shall beg leave to speak to publick affairs first, tho' they were what you spoke to last. on this head you yesterday put us in mind, first, "of _william penn_'s early and constant care to cultivate friendship with all the _indians_; of the treaty we held with one of his sons, about ten years ago; and of the necessity there is at this time of keeping the roads between us clear and free from all obstructions." we are all very sensible of the kind regard that good man _william penn_ had for all the _indians_, and cannot but be pleased to find that his children have the same. we well remember the treaty you mention held with his son on his arrival here, by which we confirmed our league of friendship, that is to last as long as the sun and moon endure: in consequence of this, we, on our part, shall preserve the road free from all incumbrances; in confirmation whereof we lay down this string of wampum. 'you in the next place said you would enlarge the fire and make it burn brighter, which we are pleased to hear you mention; and assure you, we shall do the same, by adding to it more fewel, that it may still flame out more strongly than ever: in the last place, you were pleased to say that we are bound by the strictest leagues, to watch for each others preservation; that we should hear with our ears for you, and you hear with your ears for us: this is equally agreeable to us; and we shall not fail to give you early intelligence, whenever any thing of consequence comes to our knowledge: and to encourage you to do the same, and to nourish in your hearts what you have spoke to us with your tongues, about the renewal of our amity and the brightening of the chain of friendship; we confirm what we have said with another belt of wampum.' '_b r e t h r e n_, 'we received from the proprietors yesterday, some goods in consideration of our release of the lands on the west-side of _sasquehannah_. it is true, we have the full quantity according to agreement; but if the proprietor had been here himself, we think, in regard of our numbers and poverty, he would have made an addition to them.--if the goods were only to be divided amongst the _indians_ present, a single person would have but a small portion; but if you consider what numbers are left behind, equally entitled with us to a share, there will be extremely little. we therefore desire, if you have the keys of the proprietor's chest, you will open it, and take out a little more for us. 'we know our lands are now become more valuable: the white people think we do not know their value; but we are sensible that the land is everlasting, and the few goods we receive for it are soon worn out and gone. for the future, we will sell no lands but when brother _onas_ is in the country; and we will know beforehand, the quantity of the goods we are to receive. besides, we are not well used with respect to the lands still unsold by us. your people daily settle on these lands, and spoil our hunting.--we must insist on your removing them, as you know they have no right to settle to the northward of _kittochtinny-hills_.--in particular, we renew our complaints against some people who are settled at _juniata_, a branch of _sasquahannah_, and all along the banks of that river, as far as _mahaniay_; and desire they may be forthwith made to go off the land, for they do great damage to our cousins the _delawares_. 'we have further to observe, with respect to the lands lying on the west-side of _sasquahannah_, that though brother _onas_ (meaning the proprietor) has paid us for what his people possess, yet some parts of that country have been taken up by persons, whose place of residence is to the south of this province, from whom we have never received any consideration. this affair was recommended to you by our chiefs at our last treaty; and you then, at our earnest desire, promised to write a letter to that person who has the authority over those people, and to procure us his answer: as we have never heard from you on this head, we want to know what you have done in it. if you have not done any thing, we now renew our request, and desire you will inform the person whose people are seated on our lands, that that country belongs to us, in right of conquest; we having bought it with our blood, and taken it from our enemies in fair war; and we expect, as owners of that land, to receive such a consideration for it as the land is worth. we desire you will press him to send a positive answer: let him say _yes_ or _no_: if he says yes, we will treat with him; if no, we are able to do ourselves justice; and we will do it, by going to take payment ourselves. 'it is customary with us to make a present of skins, whenever we renew our treaties. we are ashamed to offer our brethren so few, but your horses and cows have eat the grass our deer used to feed on. this has made them scarce, and will, we hope, plead in excuse for our not bringing a larger quantity. if we could have spared more, we would have given more; but we are really poor; and desire you'll not consider the quantity, but few as they are, accept them in testimony of our regard.' _here they gave the governor a bundle of skins_. the governor immediately replied. '_b r e t h r e n_, 'we thank you for the many declarations of respect you have given us, in this solemn renewal of our treaties: we receive, and shall keep your string and belts of wampum, as pledges of your sincerity, and desire those we gave you may be carefully preserved, as testimonies of ours. 'in answer to what you say about the proprietaries.--they are all absent, and have taken the keys of their chest with them; so that we cannot, on their behalf, enlarge the quantity of goods: were they here, they might perhaps, be more generous; but we cannot be liberal for them.--the government will, however, take your request into consideration; and in regard to your poverty, may perhaps make you a present. i but just mention this now, intending to refer this part of your speech to be answered at our next meeting. 'the number of guns, as well as every thing else, answers exactly with the particulars specified in your deed of conveyance, which is more than was agreed to be given you. it was your own sentiments, that the lands on the west-side of _sasquahannah_, were not so valuable as those on the east; and an abatement was to be made, proportionable to the difference in value: but the proprietor overlooked this, and ordered the full quantity to be delivered, which you will look on as a favour. 'it is very true, that lands are of late become more valuable; but what raises their value? is it not entirely owing to the industry and labour used by the white people, in their cultivation and improvement? had not they come amongst you, these lands would have been of no use to you, any further than to maintain you. and is there not, now you have sold so much, enough left for all the purposes of living?--what you say of the goods, that they are soon worn out, is applicable to every thing; but you know very well, that they cost a great deal of money; and the value of land is no more, than it is worth in money. 'on your former complaints against people's settling the lands on _juniata_, and from thence all along on the river _sasquahannah_ as far as _mahaniahy_, some magistrates were sent expresly to remove them, and we thought no persons would presume to stay after that.' here they interrupted the governor, and said:-- "these persons who were sent did not do their duty: so far from removing the people, they made surveys for themselves, and they are in league with the trespassers. we desire more effectual methods may be used, and honester persons employed." which the governor promised, and then proceeded: '_b r e t h r e n_, 'according to the promise made at our last treaty with you, mr. _logan_, who was at that time president, did write to the governor of _maryland_, that he might make you satisfaction for such of your lands as his people had taken up, but did not receive one word from him upon that head. i will write to him again, and endeavour to procure you a satisfactory answer. we do not doubt but he will do you justice: but we exhort you to be careful not to exercise any acts of violence towards his people, as they likewise are our brethren, and subjects of the same great king; and therefore violence towards them, must be productive of very evil consequences. 'i shall conclude what i have to say at this time, with acknowledgments for your present; which is very agreeable to us, from the expressions of regard used by you in presenting it: gifts of this nature receiving their value from the affection of the giver, and not from the quantity or price of the thing given.' * * * * * at a c o u n c i l held at _philadelphia, july_ , . p r e s e n t, the honourable _g e o r g e t h o m a s_, esq; lieutenant-governor. _james logan_, } _clement plumsted_, } _samuel hasell_, } _abraham taylor_, } _samuel preston_, } esqrs; _thomas lawrence_, } _ralph asheton_, } _robert strettell_, } the board taking into consideration, whether it be proper or not at this time, to make a present to the _indians_ of the six nations now in town, in return for their present to this government at yesterday's treaty; _resolved_, that it is highly fit and proper that a present be made to the said _indians_ at this time. and it is the opinion of this board, that the said present should be of the value of _l._ or at least _l._ and it is recommended to mr. _logan_, mr. _preston_, and mr. _lawrence_, to acquaint mr. _kinsey_, the speaker of the assembly, with the opinion of this board; and that they request him to confer with such other members of assembly as are in town, and report their sentiments thereupon. the board taking into consideration the threats expressed by the _indians_, at the treaty yesterday, against the inhabitants of _maryland_, settled on certain lands on the west-side of _sasquahannah_, which the _indians_ claim, and for which they require satisfaction; and considering, that should those threats, in any sort be put in execution, not only the inhabitants of _maryland_, but of this government, and all his majesty's subjects on the northern continent of _america_, may thereby be involved in much trouble: it is the opinion of this board, that the governor write to the governor of _maryland_ without delay, to inform him of the _indians_ complaints and threats, and to request a satisfactory answer; and that his letter be sent by a special messenger, at the publick expence. * * * * * at a c o u n c i l held _july_ , . p r e s e n t, the honourable _g e o r g e t h o m a s_, esq; lieutenant-governor. _james logan_, esq; _clement plumsted_, esq; _samuel hasell_, esq; _robert strettell_, esq; _samuel preston_, esq; _ralph asheton_, esq; _thomas lawrence_, esq; mr. _peters_. the governor informed the board, that the _indian_ chiefs dining with him yesterday, after dinner delivered their answer to two affairs of consequence: the first related to the violent battery committed on _william webb_, in the forks of _delaware_, whereby his jaw-bone was broke, and his life greatly endangered, by an unknown _indian_. _canassatego_ repeating the message delivered to the _six nations_ by _shickcalamy_, in the year , with a string of wampum, said in answer: 'the _six nations_ had made diligent enquiry into the affair, and had found out the _indian_ who had committed the fact; he lived near _asopus_, and had been examined and severely reprov'd: and they hoped, as _william webb_ was recovered, the governor would not expect any further punishment; and therefore they returned the string of wampum received from their brethren, by the hand of _shickcalamy_, in token that they had fully complied with their request.' i thank'd them, said he, for their care; but reminded them, that though the man did not die, yet he lay a long time in extreme misery, and would never recover the free use of his speech, and was rendered less able to get his livelihood; and in such cases the _english_ laws obliged the assailant to make good all damages, besides paying for the pain endured.--but as the _indian_ was, in all probability, poor and unable to make satisfaction, i told them, that for their sake i would forgive him; adding, had _webb_ died, i make no doubt but you would have put the _indian_ to death, just as we did two of our people who had killed an _indian_; we caused them to be hung on a gallows, in the presence of many hundreds of our people, to deter all others from doing the like. _canassatego_ made me this reply: 'the _indians_ know no punishment but death; they have no such thing as pecuniary mulcts; if a man be guilty of a crime, he is either put to death, or the fault is overlook'd. we have often heard of your hanging-up those two persons; but as none of our _indians_ saw the men die, many believe they were not hanged, but transported to some other colony: and it would be satisfactory to the _indians_, if, for the future, some of them be sent for, to be witnesses of such executions.' i assured them, that whoever gave them that information, abused them; for the persons certainly suffered death, and in the presence of all the people. _canassatego_ then proceeded to give an answer to what was said to them the d instant, relating to _le tort_'s letter: 'that they had, in council, considered in what manner the matter recommended to them ought to be conducted; and they were of opinion, that as the _shawanese_, not the _twightwys_ (for they knew so much of it, that the people were of the _twightwy_ nation in whose bags the scalps were found) had sent me a present of skins, i should in return, send them a blanket or a kettle, and with it a very sharp message, that tho' they had done well in sweeping the road from blood, yet that was but a small part of their duty; they ought not to have suffered the _twightwys_, after their lye and the discovery of the scalps, to have left them, 'till they had given a full and true account how they came by them, whose scalps they were, and in what place, and for what reason the men were kill'd; and when they had been fully satisfied of all these particulars, then it was their duty to have given information to the government where the white people lived, that the murderers might be complained against, and punished by the nation they belonged to: and as the _shawanese_ had omitted to perform the part of brethren, that i should reprove them for it, and charge them to make amends for their neglect, by using all possible expedition to come at the knowledge of these things, and to aid their brethren the white people in obtaining justice.' the minutes of the preceding council being read, mr. _logan_, in pursuance of the board's direction of yesterday, reported, on behalf of himself, and the other gentlemen to whom it was recommended, that they had confer'd with mr. _kinsey_, and requested him to consult the other members of the assembly concerning the making a present to the _indians_; and that mr. _kinsey_ having collected the sentiments of several members of the assembly in town, whom he had confer'd with on that subject, found them generally of opinion, that a present should at this time be made; but that they had declined nominating any sum: however, that mr. _kinsey_ had given it as his own opinion, that the governor and council might go as far as _three hundred pounds_. and accordingly it is refer'd to mr. _logan_, mr. _preston_, and mr. _lawrence_, to consider of, and prepare a proper list of the goods whereof the present should be composed, to the value of _three hundred pounds_, as aforesaid; advising with the interpreter as to the quantity and quality. * * * * * at a c o u n c i l held at the proprietor's, the th of _july_, p. m. . p r e s e n t the honourable _g e o r g e t h o m a s_, esq; lieutenant-governor. _james logan_, } _samuel preston_, } esqrs; _robert strettell_, } _abraham taylor_, } the c h i e f s of the _six nations_. _s a s s o o n a n_, and the _delawares_. _n u t i m u s_, and the _fork-indians_. _c o n r a d w e i s e r_, interpreter. the governor spoke to the chiefs of the _six nations_, as follows: '_b r e t h r e n_, 'the last time the chiefs of the _six nations_ were here, they were informed, that your cousins, a branch of the _delawares_, gave this province some disturbance about the lands the proprietor purchased from them, and for which their ancestors had received a valuable consideration above _fifty-five_ years ago, as appears by a deed now lying on the table.--sometime after this, _conrad weiser_ delivered to your brother _thomas penn_ your letter, wherein you request of him, and _james logan_, that they would not buy land, &c.--this has been shewn to them and interpreted; notwithstanding which they have continued their former disturbances, and have had the insolence to write letters to some of the magistrates of this government, wherein they have abused your good brethren, our worthy proprietaries, and treated them with the utmost rudeness and ill-manners. being loth, from our regard to you, to punish them as they deserve, i sent two messengers to inform them that you were expected here, and should be acquainted with their behaviour.--as you, on all occasions, apply to us to remove all white people that are settled on lands before they are purchased from you, and we do our endeavours to turn such people off; we now expect from you, that you will cause these _indians_ to remove from the lands in the forks of delaware, and not give any further disturbance to the persons who are now in possession.' _to inforce this we lay down a string of wampum_. then were read the several conveyances, the paragraph of the letter wrote by the chiefs of the _six nations_ relating to the _delawares_; the letters of the _fork-indians_ to the governor and mr. _langhorne_, and a draught of the land; these were then delivered to _conrad weiser_, who was desired to interpret them to the chiefs, when they should take this affair into their consideration. * * * * * at a c o u n c i l held _july_ , . p r e s e n t the honourable _g e o r g e t h o m a s_, esq; lieutenant-governor. _james logan_, } _clement plumsted_, } _thomas lawrence_, } _abraham taylor_, } esqrs; _samuel preston_, } _samuel hasell_, } _robert strettell_, } the governor laid before the board an extract from the treaty held here the th instant with the _indians_ of the _six nations_, so far as it related to the inhabitants of _maryland_; as also a letter he had prepared for the governor of _maryland_ upon that subject; both of which being approved, were ordered to be transcribed fair, in order to be dispatch'd the following morning. the letter was as follows: philadelphia, july , . s i r, _the inclosed extract of the speech made by the chiefs of the_ six nations, _before a very numerous audience, in this place, with my answer to it, is of so great importance to all his majesty's colonies in this part of his dominions, and to your government in particular, that i have employ'd a special messenger to deliver it you. i hope you will enable me to send them a satisfactory answer. it would be impertinent in me to say more to one so well informed as you are of those nations, and of their absolute authority over all the_ indians _bordering upon us, or of the advantages of maintaining a strict friendship with them at all times, but more especially at this critical juncture._ i am, yours, &c. an account exhibited by _conrad weiser_ of his expences upon the _indians_, and _indian_ affairs, from _february_ last to _july_ , , amounting to _l._ _s._ _d._ was laid before the board, and examin'd, and allow'd to be a just and very moderate account. and the board taking into consideration the many signal services performed by the said _conrad weiser_ to this government, his diligence and labour in the service thereof, and his skill in the _indian_ languages and methods of business, are of opinion, that the said _conrad_ should be allowed, as a reward from the province at this time, the sum of _thirty pounds_, at least, besides payment of his said account. * * * * * at a c o u n c i l held at the great meeting-house, _july_ . _p. m._ . p r e s e n t the honourable _g e o r g e t h o m a s_, esq; lieutenant-governor. _james logan_, } _thomas lawrence_, } _abraham taylor_, } esqrs; _samuel preston_, } _samuel hasell_, } _robert strettell_, } _c a n a s s a t e g o_, } _s h i c k c a l a m y_, } and other _indian_ chiefs. _c o n r a d w e i s e r_, interpreter. and a great number of the inhabitants of _philadelphia_. the governor spoke to the _indians_ as follows: '_b r e t h r e n_, 'this meeting will be short: it is in order to make you a present from the governor, the council, the assembly, and all our people. _william penn_ was known to you to be a good and faithful friend to all the _indians_: he made a league of friendship with you, by which we became one people. this league has often since been renew'd by friendly treaties; and as you have declared that the friendship shall always last on your parts, so we would have you believe that it shall remain inviolable on ours while the sun and moon endure. 'i gave you some expectation of a present, and we have it now ready to deliver to you. this present is made you by the governor, council, assembly, and all our people, in consideration of the great miseries and distresses which you our good friends have lately suffered. this will be some relief to you for the present, and it's to be hoped your own industry will soon retrieve your circumstances. 'it has sometimes happened, and may happen again, that idle and untrue stories are carried to you concerning us your brethren; but our desire is, and we expect it from you, that you will give no credit to them; for we are, and always will be, your steady and sincere friends. 'it is a custom when we renew our treaties with our good friends the _indians_, to clear the road, and make our fire burn bright: we have done so upon this occasion; and, in token of our sincerity, we deliver you, as a present from the governor, the council, the assembly, and all the people of _pensylvania_, the following goods, _viz_. _guns_. _pounds of lead_. _pounds of powder_. _strowdes_ } _duffil_ } _match-coats_. _blankets_. _yards of half-thicks_. _ruffled shirts_. _hats_. _flints_. _hoes_. _hatchets_. _pounds of vermilion_. _dozen of knives_. _dozen of gimblets_. _dozen of tobacco-tongs_. _pair of shoes_. _pair of stockings_. _pair of buckles_. whereupon the chiefs, and all the _indians_, returned their solemn thanks; and _canassatego_ said, 'they had no more to say as to publick business at present; but they had somewhat under deliberation, which, when they had duly considered, they would communicate.' * * * * * at a c o u n c i l held at the proprietor's, _july_ , . p r e s e n t the honourable _g e o r g e t h o m a s_, esq; lieutenant-governor. _james logan_, } _thomas lawrence_, } _robert strettell_, } esqrs; _clement plumsted_, } _abraham taylor_, } mr. _richard peters_. _c a n a s s a t e g o_, } and sundry chiefs of the _six nations_. _s h i c k c a l a m y_, } _s a s s o o n a n_, and the _delawares_. _n u t t i m u s_, and the _fork-indians_. _c o n r a d w e i s e r_, interpreter. _pisquetoman_, } _cornelius spring_, } interpreters to the _fork-indians_. _nicholas scull_, } _c a n a s s a t e g o_ said: '_b r e t h r e n, the governor and council_, 'the other day you informed us of the misbehaviour of our cousins the _delawares_, with respect to their continuing to claim, and refusing to remove from some land on the river _delaware_, notwithstanding their ancestors had sold it by a deed under their hands and seals to the proprietaries, for a valuable consideration, upwards of _fifty_ years ago; and notwithstanding that, they themselves had also not many years ago, after a long and full examination, ratified that deed of their ancestors, and given a fresh one under their hands and seals; and then you requested us to remove them, inforcing your request with a string of wampum.--afterwards we laid on the table our own letters by _conrad weiser_; some of our cousins letters, and the several writings to prove the charge against our cousins, with a draught of the land in dispute.--we now tell you, we have perused all these several papers: we see with our own eyes, that they have been a very unruly people, and are altogether in the wrong in their dealings with you.--we have concluded to remove them, and oblige them to go over the river _delaware_, and quit all claim to any lands on this side for the future, since they have received pay for them, and it is gone thro' their guts long ago.--to confirm to you that we will see your request executed, we lay down this string of wampum in return for yours.' then turning to the _delawares_, holding a belt of wampum in his hand, he spoke to them as follows: '_c o u s i n s_, 'let this belt of wampum serve to chastise you. you ought to be taken by the hair of the head and shaked severely, till you recover your senses and become sober. you don't know what ground you stand on, nor what you are doing. our brother _onas_'s cause is very just and plain, and his intentions are to preserve friendship. on the other hand, your cause is bad; your heart far from being upright; and you are maliciously bent to break the chain of friendship with our brother _onas_, and his people. we have seen with our eyes a deed sign'd by nine of your ancestors above _fifty_ years ago for this very land, and a release sign'd, not many years since, by some of yourselves and chiefs now living, to the number of fifteen or upwards.--but how came you to take upon you to sell land at all? we conquered you; we made women of you; you know you are women, and can no more sell land than women; nor is it fit you should have the power of selling lands, since you would abuse it. this land that you claim is gone thro' your guts; you have been furnished with cloaths, meat, and drink, by the goods paid you for it, and now you want it again, like children as you are.--but what makes you sell land in the dark? did you ever tell us that you had sold this land? did we ever receive any part, even the value of a pipe-shank, from you for it? you have told us a blind story, that you sent a messenger to us to inform us of the sale, but he never came amongst us, nor we never heard any thing about it.--this is acting in the dark, and very different from the conduct our _six_ nations observe in the sales of land; on such occasions they give publick notice, and invite all the _indians_ of their united nations, and give them all a share of the present they receive for their lands.--this is the behaviour of the wise united nations.--but we find you are none of our blood: you act a dishonest part, not only in this, but in other matters: your ears are ever open to slanderous reports about our brethren; you receive them with as much greediness as lewd women receive the embraces of bad men. and for all these reasons we charge you to remove instantly; we don't give you the liberty to think about it. you are women. take the advice of a wise man, and remove immediately. you may return to the other side of _delaware_ where you came from: but we do not know whether, considering how you have demean'd yourselves, you will be permitted to live there; or whether you have not swallowed that land down your throats as well as the land on this side. we therefore assign you two places to go, either to _wyomen_ or _shamokin_. you may go to either of these places, and then we shall have you more under our eye, and shall see how you behave. don't deliberate; but remove away, and take this belt of wampum.' this being interpreted by _conrad weiser_ into _english_, and by _cornelius spring_ into the _delaware_ language, _canassatego_ taking a string of wampum, added further. 'after our just reproof, and absolute order to depart from the land, you are now to take notice of what we have further to say to you. this string of wampum serves to forbid you, your children and grand-children, to the latest posterity for ever, meddling in land-affairs; neither you, nor any who shall descend from you, are ever hereafter to presume to sell any land: for which purpose, you are to preserve this string, in memory of what your uncles have this day given you in charge.--we have some other business to transact with our brethren, and therefore depart the council, and consider what has been said to you.' _canassatego_ then spoke to the governor and council: '_b r e t h r e n_, 'we called at our old friend _james logan_'s, in our way to this city, and to our grief we found him hid in the bushes, and retired, thro' infirmities, from publick business. we press'd him to leave his retirement, and prevailed with him to assist once more on our account at your councils. we hope, notwithstanding his age, and the effects of a fit of sickness, which we understand has hurt his constitution, that he may yet continue a long time to assist this province with his counsels. he is a wise man, and a fast friend to the _indians_. and we desire, when his soul goes to g o d, you may chuse in his room just such another person, of the same prudence and ability in counselling, and of the same tender disposition and affection for the _indians_. in testimony of our gratitude for all his services, and because he was so good as to leave his country-house, and follow us to town, and be at the trouble, in this his advanced age, to attend the council, we present him with this bundle of skins.' '_b r e t h r e n_, 'it is always our way, at the conclusion of a treaty, to desire you will use your endeavours with the traders, that they may sell their goods cheaper, and give us a better price for our deer-skins. whenever any particular sort of _indian_ goods is scarce, they constantly make us pay the dearer on that account. we must now use the same argument with them: our deer are killed in such quantities, and our hunting-countries grown less every day by the settlement of white people, that game is now difficult to find, and we must go a great way in quest of it; they therefore ought to give us a better price for our skins; and we desire you would speak to them to do so. we have been stinted in the article of rum in town. we desire you will open the rum-bottle, and give it to us in greater abundance on the road.' _to inforce our request, about the_ indian _traders_, _we present you with this bundle of skins_. '_b r e t h r e n_, 'when we first came to your houses, we found them clean and in order; but we have staid so long as to dirty them; which is to be imputed to our different way of living from the white people: and therefore, as we cannot but have been disagreeable to you on this account, we present you with some skins to make your houses clean, and put them into the same condition they were in when we came amongst you.' '_b r e t h r e n_, 'the business the _five_ nations transact with you is of great consequence, and requires a skilful and honest person to go between us; one in whom both you and we can place a confidence.--we esteem our present interpreter to be such a person, equally faithful in the interpretation of whatever is said to him by either of us, equally allied to both; he is of our nation, and a member of our council, as well as of yours. when we adopted him, we divided him into two equal parts: one we kept for ourselves, and one we left for you. he has had a great deal of trouble with us, wore out his shoes in our messages, and dirty'd his clothes by being amongst us, so that he is become as nasty as an _indian_. 'in return for these services, we recommend him to your generosity; and on our own behalf, we give him _five skins_ to buy him clothes and shoes with.' '_b r e t h r e n_, 'we have still one more favour to ask. our treaty, and all we have to say about publick business, is now over, and to-morrow we design to leave you. we hope, as you have given us plenty of good provision whilst in town, that you will continue your goodness so far as to supply us with a little more to serve us on the road. and we likewise desire you will provide us with waggons, to carry our goods to the place where they are to be conveyed by water.' to these several points the governor made the following reply. '_b r e t h r e n of the six nations_, 'the judgment you have just now pass'd on your cousins the _delawares_, confirms the high opinion we have ever entertained of the justice of the _six nations_. this part of your character, for which you are deservedly famed, made us wave doing ourselves justice, in order to give you another opportunity of convincing the world of your inviolable attachment to your engagements. these unhappy people might have always liv'd easy, having never receiv'd the least injury from us; but we believe some of our own people were bad enough to impose on their credulity, and engage them in these wrong measures, which we wish, for their sakes, they had avoided. 'we hoped, from what we have constantly given in charge to the _indian_ traders, that they would have administred no just cause of complaint: if they do you wrong, it is against our inclinations, and contrary to our express directions. as you have exhibited no particular charge against them, we shall use our best endeavours to persuade them to give you as much for your skins as they can possibly afford; and to take care that their goods which they give in exchange for skins, be of the best sort. we will likewise order you some rum to serve you on your journey home, since you desire it. 'we wish there had been more room and better houses provided for your entertainment; but not expecting so many of you, we did the best we could. 'tis true, there are a great many houses in town, but as they are the property of other people, who have their own families to take care of, it is difficult to procure lodgings for a large number of people, especially if they come unexpectedly. 'we entertain the same sentiments of the abilities and probity of the interpreter as you have express'd. we were induc'd at first to make use of him in this important trust, from his being known to be agreeable to you, and one who had lived amongst you for some years, in good credit and esteem with all your nations; and have ever found him equally faithful to both. we are pleas'd with the notice you have taken of him, and think he richly deserves it at your hands. we shall not be wanting to make him a suitable gratification, for the many good and faithful services he hath done this government. 'we have already given orders for waggons to carry your goods, and for a supply of provisions to serve you on the road in your return home, where we heartily wish you may arrive in good health.' after the governor had concluded, mr. _logan_ return'd an answer to that part of _canassatego_'s speech which related to him, and said, 'that not only upon the account of his lameness, of which the _indians_ themselves were witnesses; but on account of another indisposition, which about three years since had laid him under an incapacity of expressing himself with his former usual freedom, he had been obliged to live retired in the country. but that our first proprietor, the honourable _william penn_, who had ever been a father and true friend to all the _indians_, having above forty years since recommended them to his particular care, he had always, from his own inclination, as well as from that strict charge, endeavoured to convince all the _indians_, that he was their true friend; and was now well pleased, that after a tract of so many years, they were not insensible of it. he thanked them kindly for their present, and heartily joined with them in their desires, that this government may always be furnished with persons of equally good inclinations, and not only with such, but also with better abilities to serve them.' and then _canassatego_ said, he had forgot to mention, that _shickcalamy_ and _caxhayn_ had been employ'd on several messages to this government, and desir'd they might be consider'd on that account. * * * * * at a c o u n c i l held the th of _july_, p. m. . p r e s e n t, the honourable _g e o r g e t h o m a s_, esq; lieutenant-governor. _james logan_, } _clement plumsted_, } _samuel hasell_, } _robert strettell_, } esqrs; _samuel preston_, } _thomas lawrence_, } _abraham taylor_, } mr. _richard peters_. the board taking into consideration the regulation of the necessary expences of the _indians_ travelling down hither, and returning; and upon an estimate made by _conrad weiser_, amounting to about _one hundred pounds_, it appearing that the said sum of _l._ will be necessary to be advanced to _conrad weiser_ to defray those expences, mr. _logan_, on the proprietaries behalf, proposes to advance _l._ and the treasurer declaring he had no publick money in his hands, and that if he had, he would not advance money without the assembly's order; it is recommended to mr. _preston_ and mr. _lawrence_, to confer with mr. _kinsey_, and know whether he, as speaker of the assembly, and trustee of the loan-office, will advance the other _l._ and the _indians_ having requested that they might have a small quantity of rum, to be added to their provisions, to comfort them on the road: the board is of opinion, that there be added to the said estimate for twenty gallons of rum for the aforesaid use. and in return for their present of skins, at requesting that the _indian_ traders be enjoin'd to sell their goods cheaper, the board directs that two strouds be presented. and that _five pounds_ be given to _caxhayn_ on the account of the province, for his services; and to _shickcalamy_ the like sum. _a just copy, compared by_ _p a t r i c k b a i r d_, secr. [illustration] a =t r e a t y= held at the town of _lancaster_, in pensylvania, by the honourable the lieutenant-governor of the province, and the honourable the commissioners for the provinces of virginia _and_ maryland, with the _i n d i a n s_ o f t h e s i x n a t i o n s, in _j u n e_, . a treaty with the _i n d i a n s_ of the six nations. * * * * * in the c o u r t-h o u s e in the town of _lancaster_, on _friday_ the twenty-second of _june_, , p r e s e n t, the honourable _g e o r g e t h o m a s_, esq; lieut. governor of the province of _pensylvania_, and counties of _newcastle, kent_ and _sussex_, on _delaware_. the honourable _thomas lee_, esq; } commissioners colonel _william beverly_, } of _virginia_. the honourable _edm. jennings_, esq; } _philip thomas_, esq; } commissioners colonel _robert king_, } of _maryland_. colonel _thomas colville_, } the deputies of the _onandagoes, senecas, cayogoes, oneidas_ and _tuscaroraes_. _conrad weiser_, interpreter. the governor and the commissioners took some of the _indian_ chiefs by the hand, and, after they had seated themselves, the governor bid them welcome into the government; and there being wine and punch prepared for them, the governor and the several commissioners drank health to the _six nations_; and _canassatego, tachanoontia_, and some other chiefs, returned the compliments, drinking the healths of _onas_[ ], _assaragoa_[ ], and the governor of _maryland_. after they were all served with wine, punch, pipes and tobacco, the governor told the _indians_, that as it was customary, and indeed necessary, they should have some time to rest after so long a journey, and as he thought three days would be no more than sufficient for that purpose, he proposed to speak to them on _monday_ next; after which, the honourable commissioners would take their own time to deliver what they had to say. _c a n a s s a t e g o_ answered the governor: we thank you for giving us time to rest; we are come to you, and shall leave it intirely to you to appoint the time when we shall meet you again. we likewise leave it to the governor of _maryland_, by whose invitation we came here, to appoint a time when he will please to mention the reason of his inviting us. as to our brother _assaragoa_, we have at this present time nothing to say to him; not but we have a great deal to say to _assaragoa_, which must be said at one time or another; but not being satisfied whether he or we should begin first, we shall leave it wholly to our brother _onas_ to adjust this between us, and to say which shall begin first. [footnote : _onas_, the governor of _pensylvania_.] [footnote : _assaragoa_, the governor of _virginia_.] * * * * * in the c o u r t-h o u s e at _lancaster, june_ , . _a. m._ p r e s e n t, the honourable _g e o r g e t h o m a s_, esq; governor, &c. the honourable the commissioners of _virginia_. the honourable the commissioners of _maryland_. the deputies of the _six nations_. _conrad weiser_, interpreter. the governor spoke as follows. _honourable gentlemen, commissioners for the governments of_ virginia _and_ maryland, _and brethren, sachims, or chiefs of the_ indians _of the_ six nations. at a treaty, held by me two years ago, in behalf of the government of _pensylvania_, with a number of the chiefs of the _indians_ of the _six nations_, i was desired by them to write to the governor of _maryland_ concerning some lands in the back parts of that province, which they claim a right to from their conquests over the ancient possessors, and which have been settled by some of the inhabitants of that government, without their consent, or any purchase made from them. it was at that time understood that the claim was upon _maryland_ only; but it has since appeared, by some letters formerly wrote by mr. president _logan_ to the late governor of _maryland_, that it related likewise to some lands in the back parts of _virginia_. the governors of those colonies soon manifested a truly equitable disposition to come to any reasonable terms with the _six nations_ on account of those lands, and desired, that for that end a time and place might be fixed for a treaty with them; but before this could be effected, an unfortunate skirmish happened in the back parts of _virginia_, between some of the militia there, and a party of the _indian_ warriors of the _six nations_, with some loss on both sides. who were the aggressors is not at this time to be discussed, both parties having agreed to bury that affair in oblivion, and the government of _virginia_ having, in token of the continuance of their friendship, presented the _six nations_, through my hands, with goods to the value of one hundred pounds sterling. to prevent further hostilities, and to heal this breach, i had, before the present was given, made a tender of my good office; which both parties accepted, and consented, on my instances, to lay down their arms: since which the faith pledged to me has been mutually preserved, and a time and place has been agreed upon, through my intervention, for accommodating all differences, and for settling a firm peace, union and friendship, as well between the government of _virginia_ as that of _maryland_, and the _indians_ of the _six nations_[ ]. the honourable the commissioners for these two governments, and the deputies of the _six nations_, are now met at the place appointed for the treaty. it only remains therefore for me to say, that if my further good offices shall be thought useful for the accomplishment of this work, you may rely most assuredly upon them. but i hope, honourable gentlemen commissioners, it will not be taken amiss if i go a little further, and briefly represent to you, how especially necessary it is at this juncture, for his majesty's service, and the good of all his colonies in this part of his dominions, that peace and friendship be established between your governments and the _indians_ of the _six nations_. these _indians_, by their situation, are a frontier to some of them; and, from thence, if friends, are capable of defending their settlements; if enemies, of making cruel ravages upon them; if neuters, they may deny the _french_ a passage through their country, and give us timely notice of their designs. these are but some of the motives for cultivating a good understanding with them; but from hence the disadvantages of a rupture are abundantly evident. every advantage you gain over them in war will be a weakening of the barrier of those colonies, and consequently be, in effect, victories over yourselves and your fellow subjects. some allowances for their prejudices and passions, and a present now and then for the relief of their necessities, which have, in some measure, been brought upon them by their intercourse with us, and by our yearly extending our settlements, will probably tie them more closely to the _british_ interest. this has been the method of _new-york_ and _pensylvania_, and will not put you to so much expence in twenty years, as the carrying on a war against them will do in one. the _french_ very well know the importance of these nations to us, and will not fail by presents, and their other usual arts, to take advantage of any misunderstanding we may have with them[ ]. but i will detain you, gentlemen, no longer. your own superior knowledge will suggest to you more than i can say on this subject. _friends and brethren, sachems, or chiefs of the_ indians _of the_ six nations: these, your brethren of _virginia_ and _maryland_, are come to enlarge the fire, which was almost gone out, and to make it burn clearer; to brighten the chain which had contracted some rust, and to renew their friendship with you; which it is their desire may last so long as the sun, the moon and the stars, shall give light. their powers are derived from the _great king_ of england, your father; and whatever conclusions they shall come to with you, will be as firm and binding as if the governors of these provinces were themselves here. i am your brother, and, which is more, i am your true friend. as you know, from experience, that i am so, i will now give you a few words of advice. receive these your brethren with open arms; unite yourselves to them in the covenant chain, and be you with them as one body, and one soul. i make no doubt but the governor of _canada_ has been taking pains to widen the breach between these your brethren of _virginia_ and you; but as you cannot have forgot the hatred the _french_ have always borne to your nations, and how kindly, on the contrary, you have been treated, how faithfully you have been protected by the _great king_ of england and his subjects, you will not be at a loss to see into the designs of that governor. he wants to divide you from us, in order the more easily to destroy you, which he will most certainly do, if you suffer yourselves to be deluded by him. as to what relates to the friendship established between the government of _pensylvania_ and your nations, i will take another day to speak to you upon it. _to enforce what had been said, the_ governor _laid down a belt of wampum_; _upon which the_ indians _gave the_ yo-hah[ ]. after a short pause, the governor ordered the interpreter to tell the _indians_, that as they had greatly exceeded their appointed time for meeting the commissioners, he recommended to them to use all the expedition possible in giving their answer to what had been said, that they might forthwith proceed to treat with the respective commissioners on the business they came about. then _canassatego_ repeated to the interpreter the substance of what the governor had spoke, in order to know if he had understood him right (a method generally made use of by the _indians_) and when the interpreter told him he had taken the true sense, _canassatego_ proceeded to return the thanks of the _six nations_ for the governor's kind advice, promising to follow it as far as lay in their power; but as it was their custom when a belt was given to return another, they would take time till the afternoon to provide one, and would then give their answer. [footnote : this was allowed, at a conference had by the governor with the commissioners, to be a just state of the transactions preceding the treaty.] [footnote : the two preceding paragraphs were allowed by the commissioners of _virginia_, whilst they were at _philadelphia_, to be very proper to be spoken by the governor of _pensylvania_ at the opening of the treaty; but taking up an opinion, from what passed at the first friendly interview with the _indians_, that they would not make any claim upon lands within the government of _virginia_, the governor consented to decline speaking them in the presence of the _indians_.] [footnote : the _yo-hah_ denotes approbation, being a loud shout or cry, consisting of a few notes pronounced by all the _indians_ in a very musical manner, in the nature of our huzza's.] * * * * * in the c o u r t-h o u s e at _lancaster, june_ , . _p. m._ p r e s e n t, the honourable _g e o r g e t h o m a s_, esq; governor, &c. the honourable the commissioners of _virginia_. the honourable the commissioners of _maryland_. the deputies of the _six nations_. _conrad weiser_, interpreter. canassatego's _answer to the governor's speech delivered in the morning_. _brother_ onas, you spoke in the presence of _assaragoa_ and the governor of _maryland_ to us, advising us to receive them as our brethren, and to unite with them in the covenant chain as one body, and one soul. we have always considered them as our brethren, and, as such, shall be willing to brighten the chain of friendship with them; but since there are some disputes between us respecting the lands possessed by them, which formerly belonged to us, we, according to our custom, propose to have those differences first adjusted, and then we shall proceed to confirm the friendship subsisting between us, which will meet with no obstruction after these matters are settled. _here they presented the_ governor _with a belt of wampum, in return for the belt given them in the morning by the_ governor; _and the interpreter was ordered to return the_ yo-hah. _then the_ governor, _in reply, spoke as follows_: i receive your belt with great kindness and affection; and as to what relates to the governments of _virginia_ and _maryland_, the honourable commissioners, now present, are ready to treat with you. i shall only add, that the goods for the hundred pounds sterling, put into my hands by the governor of _virginia_, as a token of his good dispositions to preserve friendship with you, are now in town, and ready to be delivered, in consequence of what was told you by _conrad weiser_ when he was last at onandago. then the governor, turning to the commissioners of _virginia_ and _maryland_, said, gentlemen, i have now finished what was incumbent upon me to say by way of introduction to the _indians_; and as you have a full authority from your respective governments to treat with them, i shall leave the rest intirely to you, and either stay or withdraw, as you shall think most for your service. the commissioners said, they were all of opinion, it would be for their advantage that the governor should stay with them; and therefore they unanimously desired he would favour them with the continuance of his presence whilst they should be in treaty with the _indians_: which his honour said he would at their instance very readily do, believing it might expedite their business, and prevent any jealousy the _indians_ might conceive at his withdrawing. _the commissioners of_ maryland _ordered the interpreter to acquaint the_ indians _that the government of_ maryland _was going to speak to them, and then spoke as follows_: _friends and brethren of the united_ six nations, we, who are deputed from the government of _maryland_ by a commission under the great seal of that province, now in our hands (and which will be interpreted to you) bid you welcome; and in token that we are very glad to see you here as brethren, we give you this string of wampum. _upon which the_ indians _gave the_ yo-hah. when the governor of _maryland_ received the first notice, about seven years ago, of your claim to some lands in that province, he thought our good friends and brethren of the _six nations_ had little reason to complain of any injury from _maryland_, and that they would be so well convinced thereof, on farther deliberation, as he should hear no more of it; but you spoke of that matter again to the governor of _pensylvania_, about two years since, as if you designed to terrify us. it was very inconsiderately said by you, that you would do yourselves justice, by going to take payment yourselves: such an attempt would have intirely dissolved the chain of friendship subsisting, not only between us, but perhaps the other _english_ and you. we assure you, our people, who are numerous, courageous, and have arms ready in their hands, will not suffer themselves to be hurt in their lives and estates. but, however, the old and wise people of _maryland_ immediately met in council, and upon considering very cooly your rash expressions, agreed to invite their brethren, the _six nations_, to this place, that they might learn of them what right they have to the land in _maryland_, and, if they had any, to make them some reasonable compensation for it; therefore the governor of _maryland_ has sent us to meet and treat with you about this affair, and the brightening and strengthening the chain which hath long subsisted between us. and as an earnest of our sincerity and good-will towards you, we present you with this belt of wampum. _on which the_ indians _gave the_ yo-hah. our _great king of_ england, and his subjects, have always possessed the province of _maryland_ free and undisturbed from any claim of the _six nations_ for above one hundred years past, and your not saying any thing to us before, convinces us you thought you had no pretence to any lands in _maryland_; nor can we yet find out to what lands, or under what title you make your claim: for the _sasquahannah indians_, by a treaty above ninety years since (which is on the table, and will be interpreted to you) give, and yield to the _english_ nation, their heirs and assigns for ever, the greatest part (if not all) of the lands we possess, from _patuxent_ river, on the western, as well as from _choptank_ river, on the eastern side of the great bay of _chessapeak_. and, near sixty years ago, you acknowledged to the governor of _new-york_ at _albany_, "that you had given your lands, and submitted yourselves to the king of _england_." we are that great king's subjects, and we possess and enjoy the province of _maryland_ by virtue of his right and sovereignty thereto; why, then, will you stir up any quarrel between you and ourselves, who are as one man, under the protection of that great king? we need not put you in mind of the treaty (which we suppose you have had from your fathers) made with the province of _maryland_ near seventy years ago, and renewed and confirmed twice since that time. by these treaties we became brethren; we have always lived as such, and hope always to continue so. we have this further to say, that altho' we are not satisfied of the justice of your claim to any lands in _maryland_, yet we are desirous of shewing our brotherly kindness and affection, and to prevent (by any reasonable way) every misunderstanding between the province of _maryland_ and you our brethren of the _six nations_. for this purpose we have brought hither a quantity of goods for our brethren the _six nations_, and which will be delivered you as soon as we shall have received your answer, and made so bright and large a fire as may burn pure and clear whilst the sun and moon shall shine. we have now freely and openly laid our bosoms bare to you; and that you may be the better confirmed of the truth of our hearts, we give you this belt of wampum. _which was received with the_ yo-hah. _after a little time_ canassatego _spoke as follows:_ _brother, the governor_ of maryland, we have heard what you have said to us; and, as you have gone back to old times, we cannot give you an answer now, but shall take what you have said into consideration, and, return you our answer some time to morrow. he then sat down, and after some time he spoke again. _brother, the governor of_ maryland, if you have made any enquiry into _indian_ affairs, you will know, that we have always had our guns, hatchets and kettles mended when we came to see our brethren. brother _onas_, and the governor of _york_ always do this for us; and we give you this early notice, that we may not thereby be delayed, being desirous, as well as you, to give all possible dispatch to the business to be transacted between us. the commissioners of _virginia_ and _maryland_ said, since it was customary, they would give orders to have every thing belonging to them mended that should want it. * * * * * in the c o u r t-h o u s e at _lancaster, june_ , , _p. m._ p r e s e n t, the honourable _g e o r g e t h o m a s_, esq; governor, _&c._ the honourable the commissioners of _virginia_. the honourable the commissioners of _maryland_. the deputies of the _six nations._ _conrad weiser_, interpreter. _c a n a s s a t e g o spoke as follows:_ _brother, the governor of_ maryland, when you invited us to kindle a council fire with you, _conedogwainet_ was the place agreed upon; but afterwards you, by brother _onas_, upon second thoughts, considering that it would be difficult to get provisions and other accommodations where there were but few houses or inhabitants, desired we would meet our brethren at _lancaster_, and at his instances we very readily agreed to meet you here, and are glad of the change; for we have found plenty of every thing; and as yesterday you bid us welcome, and told us you were glad to see us, we likewise assure you we are as glad to see you; and, in token of our satisfaction, we present you with this string of wampum. _which was received with the usual ceremony._ _brother, the governor of_ maryland, you tell us, that when about seven years ago you heard, by our brother _onas_, of our claim to some lands in your province, you took no notice of it, believing, as you say, that when we should come to reconsider that matter, we should find that we had no right to make any complaint of the governor of _maryland_, and would drop our demand. and that when about two years ago we mentioned it again to our brother _onas_, you say we did it in such terms as looked like a design to terrify you; and you tell us further, that we must be beside ourselves, in using such a rash expression as to tell you, we know how to do ourselves justice if you still refuse. it is true we did say so, but without any ill design; for we must inform you, that when we first desired our brother _onas_ to use his influence with you to procure us satisfaction for our lands, we, at the same time, desired him, in case you should disregard our demand, to write to the great king beyond the seas, who would own us for his children as well as you, to compel you to do us justice: and, two years ago, when we found that you had paid no regard to our just demand, nor that brother _onas_ had convey'd our complaint to the great king over the seas, we were resolved to use such expressions as would make the greatest impressions on your minds, and we find it had its effect; for you tell us, "that your wise men held a council together, and agreed to invite us, and to enquire of our right to any of your lands, and if it should be found that we had a right, we were to have a compensation made for them: and likewise you tell us, that our brother, the governor of _maryland_, by the advice of these wise men, has sent you to brighten the chain, and to assure us of his willingness to remove whatever impedes a good understanding between us." this shews that your wise men understood our expressions in their true sense. we had no design to terrify you, but to put you on doing us the justice you had so long delayed. your wise men have done well; and as there is no obstacle to a good understanding between us, except this affair of our land, we, on our parts, do give you the strongest assurances of our good disposition towards you, and that we are as desirous as you to brighten the chain, and to put away all hindrances to a perfect good understanding; and, in token of our sincerity, we give you this belt of wampum. _which was received, and the interpreter ordered to give the_ yo-hah. _brother, the governor of_ maryland, when you mentioned the affair of the land yesterday, you went back to old times, and told us, you had been in possession of the province of _maryland_ above one hundred years; but what is one hundred years in comparison of the length of time since our claim began? since we came out of this ground? for we must tell you, that long before one hundred years our ancestors came out of this very ground, and their children have remained here ever since. you came out of the ground in a country that lies beyond the seas, there you may have a just claim, but here you must allow us to be your elder brethren, and the lands to belong to us long before you knew any thing of them. it is true, that above one hundred years ago the _dutch_ came here in a ship, and brought with them several goods; such as awls, knives, hatchets, guns, and many other particulars, which they gave us; and when they had taught us how to use their things, and we saw what sort of people they were, we were so well pleased with them, that we tied their ship to the bushes on the shore; and afterwards, liking them still better the longer they staid with us, and thinking the bushes too slender, we removed the rope, and tied it to the trees; and as the trees were liable to be blown down by high winds, or to decay of themselves, we, from the affection we bore them, again removed the rope, and tied it to a strong and big rock [_here the interpreter said, they mean the_ oneido _country_] and not content with this, for its further security we removed the rope to the big mountain [_here the interpreter says they mean the_ onandago _country_] and there we tied it very fast, and roll'd wampum about it; and, to make it still more secure, we stood upon the wampum, and sat down upon it, to defend it, and to prevent any hurt coming to it, and did our best endeavours that it might remain uninjured for ever. during all this time the new-comers, the _dutch_, acknowledged our right to the lands, and sollicited us, from time to time, to grant them parts of our country, and to enter into league and covenant with us, and to become one people with us. after this the _english_ came into the country, and, as we were told, became one people with the _dutch_. about two years after the arrival of the _english_, an _english_ governor came to _albany_, and finding what great friendship subsisted between us and the _dutch_, he approved it mightily, and desired to make as strong a league, and to be upon as good terms with us as the _dutch_ were, with whom he was united, and to become one people with us: and by his further care in looking into what had passed between us, he found that the rope which tied the ship to the great mountain was only fastened with wampum, which was liable to break and rot, and to perish in a course of years; he therefore told us, he would give us a silver chain, which would be much stronger, and would last for ever. this we accepted, and fastened the ship with it, and it has lasted ever since. indeed we have had some small differences with the _english_, and, during these misunderstandings, some of their young men would, by way of reproach, be every now and then telling us, that we should have perished if they had not come into the country and furnished us with strowds and hatchets, and guns, and other things necessary for the support of life; but we always gave them to understand that they were mistaken, that we lived before they came amongst us, and as well, or better, if we may believe what our forefathers have told us. we had then room enough, and plenty of deer, which was easily caught; and tho' we had not knives, hatchets, or guns, such as we have now, yet we had knives of stone, and hatchets of stone, and bows and arrows, and those served our uses as well then as the _english_ ones do now. we are now straitened, and sometimes in want of deer, and liable to many other inconveniencies since the _english_ came among us, and particularly from that pen-and-ink work that is going on at the table (_pointing to the secretary_) and we will give you an instance of this. our brother _onas_, a great while ago, came to _albany_ to buy the _sasquahannah_ lands of us, but our brother the governor of _new-york_, who, as we suppose, had not a good understanding with our brother _onas_, advised us not to sell him any land, for he would make an ill use of it; and, pretending to be our good friend, he advised us, in order to prevent _onas_'s, or any other person's imposing upon us, and that we might always have our land when we should want it, to put it into his hands; and told us, he would keep it for our use, and never open his hands, but keep them close shut, and not part with any of it, but at our request. accordingly we trusted him, and put our land into his hands, and charged him to keep it safe for our use; but, some time after, he went to _england_, and carried our land with him, and there sold it to our brother _onas_ for a large sum of money; and when, at the instance of our brother _onas_, we were minded to sell him some lands, he told us we had sold the _sasquahannah_ lands already to the governor of _new-york_, and that he had bought them from him in _england_; tho', when he came to understand how the governor of _new-york_ had deceived us, he very generously paid us for our lands over again. tho' we mention this instance of an imposition put upon us by the governor of _new-york_, yet we must do the _english_ the justice to say, we have had their hearty assistances in our wars with the _french_, who were no sooner arrived amongst us than they began to render us uneasy, and to provoke us to war, and we had several wars with them; during all which we constantly received assistance from the _english_, and, by their means, we have always been able to keep up our heads against their attacks. we now come nearer home. we have had your deeds interpreted to us, and we acknowledge them to be good and valid, and that the _conestogoe_ or _sasquahannah indians_ had a right to sell those lands to you, for they were then theirs; but since that time we have conquered them, and their country now belongs to us, and the lands we demanded satisfaction for are no part of the lands comprized in those deeds; they are the _cohongorontas_[ ] lands; those, we are sure, you have not possessed one hundred years, no, nor above ten years, and we made our demands so soon as we knew your people were settled in those parts. these have never been sold, but remain still to be disposed of; and we are well pleased to hear you are provided with goods, and do assure you of our willingness to treat with you for those unpurchased lands; in confirmation whereof, we present you with this belt of wampum. _which was received with the usual ceremonies._ _c a n a s s a t e g o_ added, that as the three governors of _virginia, maryland_, and _pensylvania_, had divided the lands among them, they could not, for this reason, tell how much each had got, nor were they concerned about it, so that they were paid by all the governors for the several parts each possessed, and this they left to their honour and justice. [footnote : _cohongorontas_, i. e. _potomack_.] * * * * * in the c o u r t-h o u s e at _lancaster, june_ , , _a. m._ p r e s e n t, the honourable _g e o r g e t h o m a s_, esq; governor, &c. the honourable the commissioners of _virginia_. the honourable the commissioners of _maryland._ the deputies of the _six nations._ _conrad weiser_, interpreter. _the commissioners of_ virginia _ordered the interpreter to let the_ indians _know the government of_ virginia _was going to speak to them, and then they spoke as follows:_ _sachems and warriors of the_ six united nations, _our friends and brethren,_ at our desire the governor of _pensylvania_ invited you to this council fire; we have waited a long time for you, but now you are come, you are heartily welcome; we are very glad to see you; we give you this string of wampum. _which was received with their usual approbation._ _brethren,_ in the year , four of your sachems wrote a letter to _james logan_, esq; then president of _pensylvania_, to let the governor of _virginia_ know that you expected some consideration for lands in the occupation of some of the people of _virginia_. upon seeing a copy of this letter, the governor, with the council of _virginia_, took some time to consider of it. they found, on looking into the old treaties, that you had given up your lands to the great king, who has had possession of _virginia_ above one hundred and sixty years, and under that great king the inhabitants of _virginia_ hold their land, so they thought there might be some mistake. wherefore they desired the governor of _new-york_ to enquire of you about it. he sent his interpreter to you in _may,_ , who laid this before you at a council held at _onandago_, to which you answer, "that if you had any demand or pretensions on the governor of _virginia_ any way, you would have made it known to the governor of _new-york_." this corresponds with what you have said to governor _thomas,_ in the treaty made with him at _philadelphia_ in _july_, ; for then you only make your claim to lands in the government of _maryland_. we are so well pleased with this good faith of you our brethren of the _six nations_, and your regard to the treaties made with _virginia_, that we are ready to hear you on the subject of your message eight years since. tell us what nations of _indians_ you conquered any lands from in _virginia_, how long it is since, and what possession you have had; and if it does appear, that there is any land on the borders of _virginia_ that the _six nations_ have a right to, we are willing to make you satisfaction. _then laid down a string of wampum, which was accepted with the usual ceremony, and then added,_ we have a chest of new goods, and the key is in our pockets. you are our brethren; the great king is our common father, and we will live with you, as children ought to do, in peace and love. we will brighten the chain, and strengthen the union between us; so that we shall never be divided, but remain friends and brethren as long as the sun gives light; in confirmation whereof, we give you this belt of wampum. _which was received with the usual ceremony_. _t a c h a n o o n t i a_ replied: _brother_ assaragoa, you have made a good speech to us, which is very agreeable, and for which we return you our thanks. we shall be able to give you an answer to every part of it some time this afternoon, and we will let you know when we are ready. * * * * * in the c o u r t-h o u s e at _lancaster, june_ , , _p. m._ p r e s e n t, the honourable _g e o r g e t h o m a s_, esq; governor, &c. the honourable the commissioners of _virginia_. the honourable the commissioners of _maryland_. the deputies of the _six nations_. _conrad weiser_, interpreter. _t a c h a n o o n t i a spoke as follows_: _brother_ assaragoa, since you have joined with the governor of _maryland_ and brother _onas_ in kindling this fire, we gladly acknowledge the pleasure we have in seeing you here, and observing your good dispositions as well to confirm the treaties of friendship, as to enter into further contracts about land with us; and, in token of our satisfaction, we present you with this string of wampum. _which was received with the usual ceremonies_. _brother_ assaragoa, in your speech this morning you were pleased to say we had wrote a letter to _james logan_, about seven years ago, to demand a consideration for our lands in the possession of some of the _virginians_; that you held them under the great king for upwards of one hundred and sixty years, and that we had already given up our right; and that therefore you had desired the governor of _new-york_ to send his interpreter to us last year to _onandago_, which he did; and, as you say, we in council at _onandago_ did declare, that we had no demand upon you for lands, and that if we had any pretensions, we should have made them known to the governor of _new-york_; and likewise you desire to know if we have any right to the _virginia_ lands, and that we will make such right appear, and tell you what nations of _indians_ we conquered those lands from. now we answer, we have the right of conquest, a right too dearly purchased, and which cost us too much blood, to give up without any reason at all, as you say we have done at _albany_; but we should be obliged to you, if you would let us see the letter, and inform us who was the interpreter, and whose names are put to that letter; for as the whole transaction cannot be above a year's standing, it must be fresh in every body's memory, and some of our council would easily remember it; but we assure you, and are well able to prove, that neither we, nor any part of us, have ever relinquished our right, or ever gave such an answer as you say is mentioned in your letter. could we, so few years ago, make a formal demand, by _james logan_, and not be sensible of our right? and hath any thing happened since that time to make us less sensible? no; and as this matter can be easily cleared up, we are anxious it should be done; for we are positive no such thing was ever mentioned to us at _onandago_, nor any where else. all the world knows we conquered the several nations living on _sasquahannah_, _cohongoronta_, and on the back of the great mountains in _virginia_; the _conoy-uch-such-roona_, _coch-now-was-roonan, tohoa-irough-roonan_, and _connutskin-ough-roonaw_, feel the effects of our conquests, being now a part of our nations, and their lands at our disposal. we know very well, it hath often been said by the _virginians_, that the _great king_ of england, and the people of that colony, conquered the _indians_ who lived there, but it is not true. we will allow they have conquered the _sachdagughroonaw_, and drove back the _tuscarroraws_, and that they have, on that account, a right to some part of _virginia_; but as to what lies beyond the mountains, we conquered the nations residing there, and that land, if the _virginians_ ever get a good right to it, it must be by us; and in testimony of the truth of our answer to this part of your speech, we give you this string of wampum _which was received with the usual ceremony_. _brother_ assaragoa, we have given you a full answer to the first part of your speech, which we hope will be satisfactory. we are glad to hear you have brought with you a big chest of new goods, and that you have the key in your pockets. we do not doubt but we shall have a good understanding in all points, and come to an agreement with you. we shall open all our hearts to you, that you may know every thing in them; we will hide nothing from you; and we hope, if there be any thing still remaining in your breast that may occasion any dispute between us, you will take the opportunity to unbosom your hearts, and lay them open to us, that henceforth there may be no dirt, nor any other obstacle in the road between us; and in token of our hearty wishes to bring about so good an harmony, we present you with this belt of wampum. _which was received with the usual ceremony_. _brother_ assaragoa, we must now tell you what mountains we mean that we say are the boundaries between you and us. you may remember, that about twenty years ago you had a treaty with us at _albany_, when you took a belt of wampum, and made a fence with it on the middle of the hill, and told us, that if any of the warriors of the _six nations_ came on your side of the middle of the hill, you would hang them; and you gave us liberty to do the same with any of your people who should be found on our side of the middle of the hill. this is the hill we mean; and we desire that treaty may be now confirmed. after we left _albany_, we brought our road a great deal more to the west, that we might comply with your proposal; but, tho' it was of your own making, your people never observed it, but came and lived on our side of the hill, which we don't blame you for, as you live at a great distance, near the seas, and cannot be thought to know what your people do in the back-parts: and on their settling, contrary to your own proposal, on our new road, it fell out that our warriors did some hurt to your people's cattle, of which a complaint was made, and transmitted to us by our brother _onas_; and we, at his request, altered the road again, and brought it to the foot of the great mountain, where it now is; and it is impossible for us to remove it any further to the west, those parts of the country being absolutely impassable by either man or beast. we had not been long in the use of this new road before your people came, like flocks of birds, and sat down on both sides of it, and yet we never made a complaint to you, tho' you must be sensible those things must have been done by your people in manifest breach of your own proposal made at _albany_; and therefore, as we are now opening our hearts to you, we cannot avoid complaining, and desire all these affairs may be settled, and that you may be stronger induced to do us justice for what is past, and to come to a thorough settlement for the future, we, in the presence of the governor of _maryland_, and brother onas, present you with this belt of wampum. _which was received with the usual ceremony_. _then_ tachanoontia _added_: that he forgot to say, that the affair of the road must be looked upon as a preliminary to be settled before the grant of lands; and, said he, either the _virginia_ people must be obliged to remove more easterly, or, if they are permitted to stay, our warriors, marching that way to the southward, shall go sharers with them in what they plant. * * * * * in the c o u r t-h o u s e at _lancaster, june_ , . _a. m._ p r e s e n t, the honourable _g e o r g e t h o m a s_, esq; governor, &c. the honourable the commissioners of _virginia_. the honourable the commissioners of _maryland_. the deputies of the _six nations_. _conrad weiser_, interpreter. the governor spoke as follows. _friends and brethren of the_ six nations, i am always sorry when any thing happens that may create the least uneasiness between us; but as we are mutually engaged to keep the road between us clear and open, and to remove every obstruction that may lie in the way, i must inform you, that three of the _delaware indians_ lately murdered _john armstrong_, an _indian_ trader, and his two men, in a most barbarous manner, as he was travelling to _allegheny_, and stole his goods of a considerable value. _shickcalamy_, and the _indians_ settled at _shamokin_, did well; they seized two of the murderers, and sent them down to our settlements; but the _indians_, who had the charge of them, afterwards suffered one of them to escape, on a pretence that he was not concerned in the bloody deed; the other is now in _philadelphia_ goal. by our law all the accessaries to a murder are to be tried, and put to death, as well as the person who gave the deadly wound. if they consented to it, encouraged it, or any ways assisted in it, they are to be put to death, and it is just it should be so. if, upon trial, the persons present at the murder are found not to have done any of these things, they are set at liberty. two of our people were, not many years ago, publickly put to death for killing two _indians_; we therefore expect you will take the most effectual measures to seize and deliver up to us the other two _indians_ present at these murders, to be tried with the principal now in custody. if it shall appear, upon their trial, that they were not advising, or any way assisting in this horrid fact, they will be acquitted, and sent home to their towns. and that you may be satisfied no injustice will be done to them, i do now invite you to depute three or four _indians_ to be present at their trials. i do likewise expect that you will order strict search to be made for the remainder of the stolen goods, that they may be restored to the wife and children of the deceased. that what i have said may have its due weight with you, i give you this string of wampum. _which was accepted with the_ yo-hah. the governor afterwards ordered the interpreter to tell them, he expected a very full answer from them, and that they might take their own time to give it; for he did not desire to interfere with the business of _virginia_ and _maryland_. they said they would take it into consideration, and give a full answer. then the commissioners of _virginia_ let them know, by the interpreter, that they would speak to them in the afternoon. * * * * * in the c o u r t-h o u s e chamber at _lancaster_, _june_ , , _p. m._ p r e s e n t, the honourable the commissioners of _maryland_. the deputies of the _six nations_. _conrad weiser_, interpreter. _the commissioners desired the interpreter to tell the_ indians _they were going to speak to them_. _mr._ weiser _acquainted them herewith_. _after which the said commissioners spoke as follows_: _our good friends and brethren, the_ six _united_ nations, we have considered what you said concerning your title to some lands now in our province, and also of the place where they lie. altho' we cannot admit your right, yet we are so resolved to live in brotherly love and affection with the _six nations_, that upon your giving us a release in writing of all your claim to any lands in _maryland_, we shall make you a compensation to the value of three hundred pounds currency, for the payment of part whereof we have brought some goods, and shall make up the rest in what manner you think fit. as we intend to say something to you about our chain of friendship after this affair of the land is settled, we desire you will now examine the goods, and make an end of this matter. we will not omit acquainting our good friends the _six nations_, that notwithstanding we are likely to come to an agreement about your claim of lands, yet your brethren of _maryland_ look on you to be as one soul and one body with themselves; and as a broad road will be made between us, we shall always be desirous of keeping it clear, that we may, from time to time, take care that the links of our friendship be not rusted. in testimony that our words and our hearts agree, we give you this belt of wampum. _on presenting of which the_ indians _gave the usual cry of approbation_. mr. _weiser_ acquainted the _indians_, they might now look over the several goods placed on a table in the chamber for that purpose; and the honourable commissioners bid him tell them, if they disliked any of the goods, or, if they were damaged, the commissioners would put a less price on such as were either disliked or damnified. the _indians_ having viewed and examined the goods, and seeming dissatisfied at the price and worth of them, required time to go down into the court-house, in order for a consultation to be had by the chiefs of them concerning the said goods, and likewise that the interpreter might retire with them, which he did. accordingly they went down into the court-house, and soon after returned again into the chamber. mr. _weiser_ sat down among the _indians_, and discoursed them about the goods, and in some short time after they chose the following from among the others, and the price agreed to be given for them by the _six nations_ was, _viz_. _l. s. d._ four pieces of strowds, at _l._ two pieces ditto, _l._ two hundred shirts, three pieces half-thicks, three pieces duffle blankets, at _l._ one piece ditto, forty seven guns, at _l._ _s._ one pound of vermillion, one thousand flints, four dozen jews harps, one dozen boxes, one hundred two quarters bar-lead, two quarters shot, two half-barrels of gun-powder, _________ _pensylvannia currency_. when the _indians_ had agreed to take these goods at the rates above specified, they informed the interpreter, that they would give an answer to the speech made to them this morning by the honourable the commissioners of _maryland_, but did not express the time when such answer should be made. at o'clock the commissioners departed the chamber. * * * * * in the c o u r t-h o u s e at _lancaster, june_ , . _p. m._ p r e s e n t, the honourable _g e o r g e t h o m a s_, esq; governor, &c. the honourable the commissioners of _virginia_. the honourable the commissioners of _maryland_. the deputies of the _six nations_. _conrad weiser_, interpreter. _the commissioners of_ virginia _desired the interpreter to let the_ indians _know, that their brother_ assaragoa _was now going to give his reply to their answer to his first speech, delivered them the day before in the forenoon_. _sachems and warriors of the united_ six nations, we are now come to answer what you said to us yesterday, since what we said to you before on the part of the great king, our father, has not been satisfactory. you have gone into old times, and so must we. it is true that the great king holds _virginia_ by right of conquest, and the bounds of that conquest to the westward is the great sea. if the _six nations_ have made any conquest over _indians_ that may at any time have lived on the west-side of the great mountains of _virginia_, yet they never possessed any lands there that we have ever heard of. that part was altogether deserted, and free for any people to enter upon, as the people of _virginia_ have done, by order of the great king, very justly, as well by ancient right, as by its being freed from the possession of any other, and from any claim even of you the _six nations_, our brethren, until within these eight years. the first treaty between the great king, in behalf of his subjects of _virginia_, and you, that we can find, was made at _albany_, by colonel _henry coursey_, seventy years since; this was a treaty of friendship, when the first covenant chain was made, when we and you became brethren. the next treaty was also at _albany_, above fifty-eight years ago, by the lord _howard_, governor of _virginia_; then you declared yourselves subjects to the great king, our father, and gave up to him all your lands for his protection. this you own in a treaty made by the governor of _new-york_ with you at the same place in the year , and you express yourself in these words, "brethren, you tell us the king of _england_ is a very great king, and why should not you join with us in a very just cause, when the _french_ join with our enemies in an unjust cause? o brethren, we see the reason of this; for the _french_ would fain kill us all, and when that is done, they would carry all the beaver trade to _canada_, and the _great king of_ england would lose the land likewise; and therefore, o great sachem, beyond the great lakes, awake, and suffer not those poor _indians_, that have given themselves and their lands under your protection, to be destroyed by the _french_ without a cause." the last treaty we shall speak to you about is that made at _albany_ by governor _spotswood_, which you have not recited as it is: for the white people, your brethren of _virginia_, are, in no article of that treaty, prohibited to pass, and settle to the westward of the great mountains. it is the _indians_, tributary to _virginia_, that are restrained, as you and your tributary _indians_ are from passing to the eastward of the same mountains, or to the southward of _cohongorooton_, and you agree to this article in these words; "that the great river of _potowmack_, and the high ridge of mountains, which extend all along the frontiers of _virginia_ to the westward of the present settlements of that colony, shall be for ever the established boundaries between the _indians_ subject to the dominions of _virginia_, and the _indians_ belonging to and depending on the _five nations_; so that neither our _indians_ shall on any pretence whatsoever, pass to northward or westward of the said boundaries, without having to produce a passport under the hand and seal of the governor or commander in chief of _virginia_; nor your _indians_ to pass to the southward or eastward of the said boundaries, without a passport in like manner from the governor or commander in chief of _new-york_." and what right can you have to lands that you have no right to walk upon, but upon certain conditions? it is true, you have not observed this part of the treaty, and your brethren of _virginia_ have not insisted upon it with a due strictness, which has occasioned some mischief. this treaty has been sent to the governor of _virginia_ by order of the great king, and is what we must rely on, and, being in writing, is more certain than your memory. that is the way the white people have of preserving transactions of every kind, and transmitting them down to their childrens children for ever, and all disputes among them are settled by this faithful kind of evidence, and must be the rule between the great king and you. this treaty your sachems and warriors signed some years after the same governor _spotswood_, in the right of the great king, had been, with some people of _virginia_, in possession of these very lands, which you have set up your late claim to. the commissioners for _indian_ affairs at _albany_ gave the account we mentioned to you yesterday to the governor of _new-york_, and he sent it to the governor of _virginia_; their names will be given you by the interpreter. _brethren_, this dispute is not between _virginia_ and you; it is setting up your right against the great king, under whose grants the people you complain of are settled. nothing but a command from the great king can remove them; they are too powerful to be removed by any force of you, our brethren; and the great king, as our common father, will do equal justice to all his children; wherefore we do believe they will be confirmed in their possessions. as to the road you mention, we intended to prevent any occasion for it, by making a peace between you and the southern _indians_, a few years since, at a considerable expence to our great king, which you confirmed at _albany_. it seems, by your being at war with the _catawbas_, that it has not been long kept between you. however, if you desire a road, we will agree to one on the terms of the treaty you made with colonel _spotswood_, and your people, behaving themselves orderly like friends and brethren, shall be used in their passage through _virginia_ with the same kindness as they are when they pass through the lands of your brother _onas_. this we hope, will be agreed to by you our brethren, and we will abide by the promise made to you yesterday. we may proceed to settle what we are to give you for any right you may have, or have had to all the lands to the southward and westward of the lands of your brother the governor of _maryland_, and of your brother onas; tho' we are informed that the southern _indians_ claim these very lands that you do. we are desirous to live with you, our brethren, according to the old chain of friendship, to settle all these matters fairly and honestly; and, as a pledge of our sincerity, we give you this belt of wampum. _which was received with the usual ceremony_. * * * * * in the c o u r t-h o u s e chamber at _lancaster_, _june_ , , _a. m._ p r e s e n t, the honourable the commissioners of _maryland_. the deputies of the _six nations_. _conrad weiser_, interpreter. _mr._ weiser _informed the honourable commissioners_, _that the_ indians _were ready to give their answer to the speech made to them here yesterday morning by the commissioners_; _whereupon_ canassatego _spoke as follows, looking on a deal-board, where were some black lines, describing the courses of_ potowmack _and_ sasquahanna: _brethren_, yesterday you spoke to us concerning the lands on this side _potowmack_ river, and as we have deliberately considered what you said to us on that matter, we are now very ready to settle the bounds of such lands, and release our right and claim thereto. we are willing to renounce all right to lord _baltimore_ of all those lands lying two miles above the uppermost fork of _potowmack_ or _cohongoruton_ river, near which _thomas cressap_ has a hunting or trading cabin, by a north-line, to the bounds of _pensylvania_. but in case such limits shall not include every settlement or inhabitant of _maryland_, then such other lines and courses, from the said two miles above the forks, to the outermost inhabitants or settlements, as shall include every settlement and inhabitant in _maryland_, and from thence, by a north-line, to the bounds of _pensylvannia_, shall be the limits. and further, if any people already have, or shall settle beyond the lands now described and bounded, they shall enjoy the same free from any disturbance whatever, and we do, and shall accept these people for our brethren, and as such always treat them. we earnestly desire to live with you as brethren, and hope you will shew us all brotherly kindness; in token whereof, we present you with a belt of wampum. _which was received with the usual ceremony_. soon after the commissioners and _indians_ departed from the court-house chamber. * * * * * in the c o u r t-h o u s e chamber at _lancaster_, _june_ , , _a. m._ p r e s e n t, the honourable the commissioners of _virginia_. the deputies of the _six nations_. _conrad weiser_, interpreter. gachradodow, _speaker for the_ indians, _in answer to the commissioners speech at the last meeting_, _with a strong voice, and proper action, spoke as follows_: _brother_ assaragoa, the world at the first was made on the other side of the great water different from what it is on this side, as may be known from the different colours of our skin, and of our flesh, and that which you call justice may not be so amongst us; you have your laws and customs, and so have we. the great king might send you over to conquer the _indians_, but it looks to us that god did not approve of it; if he had, he would not have placed the sea where it is, as the limits between us and you. _brother_ assaragoa, tho' great things are well remembered among us, yet we don't remember that we were ever conquered by the great king, or that we have been employed by that great king to conquer others; if it was so, it is beyond our memory. we do remember we were employed by _maryland_ to conquer the _conestogoes_, and that the second time we were at war with them, we carried them all off. _brother_ assaragoa, you charge us with not acting agreeable to our peace with the _catawbas_, we will repeat to you truly what was done. the governor of _new-york_, at _albany_, in behalf of _assaragoa_, gave us several belts of wampum from the _cherikees_ and _catawbas_, and we agreed to a peace, if those nations would send some of their great men to us to confirm it face to face, and that they would trade with us; and desired that they would appoint a time to meet at _albany_ for that purpose, but they never came. _brother_ assaragoa, we then desired a letter might be sent to the _catawbas_ and _cherikees_, to desire them to come and confirm the peace. it was long before an answer came; but we met the _cherikees_, and confirmed the peace, and sent some of our people to take care of them, until they returned to their own country. the _catawbas_ refused to come, and sent us word, that we were but women, that they were men, and double men, that they could make women of us, and would be always at war with us. they are a deceitful people. our brother _assaragoa_ is deceived by them; we don't blame him for it, but are sorry he is so deceived. _brother_ assaragoa, we have confirmed the peace with the _cherikees_, but not with the _catawbas_. they have been treacherous, and know it; so that the war must continue till one of us is destroyed. this we think proper to tell you, that you may not be troubled at what we do to the _catawbas_. _brother_ assaragoa, we will now speak to the point between us. you say you will agree with us as to the road; we desire that may be the road which was last made (the waggon-road.) it is always, a custom among brethren or strangers to use each other kindly; you have some very ill-natured people living up there; so that we desire the persons in power may know that we are to have reasonable victuals when we are in want. you know very well, when the white people came first here they were poor; but now they have got our lands, and are by them become rich, and we are now poor; what little we have had for the land goes soon away, but the land lasts for ever. you told us you had brought with you a chest of goods, and that you have the key in your pockets; but we have never seen the chest, nor the goods that are said to be in it; it may be small, and the goods few; we want to see them, and are desirous to come to some conclusion. we have been sleeping here these ten days past, and have not done any thing to the purpose. the commissioners told them they should see the goods on _monday_. * * * * * in the c o u r t-h o u s e at _lancaster, june_ , , _p. m._ p r e s e n t, the honourable _g e o r g e t h o m a s_, esq; governor, &c. the honourable commissioner of _virginia_. the honourable the commissioners of _maryland_. the deputies of the _six nations_. _conrad weiser_, interpreter. the three governments entertained the _indians_, and all the gentlemen in town, with a handsome dinner. the _six nations_, in their order, having returned thanks with the usual solemnity of _yo-ha-han_, the interpreter informed the governor and the commissioners, that as the lord proprietor and governor of _maryland_ was not known to the _indians_ by any particular name, they had agreed, in council, to take the first opportunity of a large company to present him with one; and as this with them is deemed a matter of great consequence, and attended with abundance of form, the several nations had drawn lots for the performance of the ceremony, and the lot falling on the _cayogo_ nation, they had chosen _gachradodow_, one of their chiefs, to be their speaker, and he desired leave to begin; which being given, he, on an elevated part of the court-house, with all the dignity of a warrior, the gesture of an orator, and in a very graceful posture, said that: "as the governor of _maryland_ had invited them here to treat about their lands, and brighten the chain of friendship, the united nations thought themselves so much obliged to them, that they had come to a resolution in council to give to the great man, who is proprietor of _maryland_, a particular name, by which they might hereafter correspond with him; and as it had fallen to the _cayogoes_ lot in council to consider of a proper name for that chief man, they had agreed to give him the name of _tocarry-hogan_, denoting precedency, excellency, or living in the middle or honourable place betwixt _assaragoa_ and their brother _onas_, by whom their treaties might be better carried on." and then, addressing himself to his honour the governor of _pensylvania_, the honourable the commissioners of _virginia_ and _maryland_, and to the gentlemen then present, he proceeded: "as there is a company of great men now assembled, we take this time and opportunity to publish this matter, that it may be known _tocarry-hogan_ is our friend, and that we are ready to honour him, and that by such name he may be always called and known among us. and we hope he will ever act towards us according to the excellency of the name we have now given him, and enjoy a long and happy life." the honourable the governor and commissioners, and all the company present, returned the compliment with three huzza's, and, after drinking healths to our gracious king and the _six nations_, the commissioners of _maryland_ proceeded to business in the court-house chamber with the _indians_, where _conrad weiser_, the interpreter, was present. the honourable the commissioners ordered mr. _weiser_ to tell the _indians_, that a deed, releasing all their claim and title to certain lands lying in the province of _maryland_, which by them was agreed to be given and executed for the use of the lord baron of _baltimore_, lord proprietary of that province, was now on the table, and seals ready fixed thereto. the interpreter acquainted them therewith as desired, and then gave the deed to _canassatego_, the speaker, who made his mark, and put his seal, and delivered it; after which, thirteen other chiefs or sachems of the _six nations_ executed it in the same manner, in the presence of the honourable the commissioners of _virginia_, and divers other gentlemen of that colony, and of the provinces of _pensylvania_ and _maryland_. * * * * * at the house of mr. _george sanderson_ in _lancaster_, _july_ , , _a. m._ p r e s e n t, the honourable the commissioners of _maryland_. the deputies of the _six nations_. _conrad weiser_, interpreter. the several chiefs of the _indians_ of the _six nations_, who had not signed the deed of release of their claim to some lands in _maryland_, tendered to them on _saturday_ last, in the chamber of the court-house in this town, did now readily execute the same, and caused mr. _weiser_ likewise to sign it, as well with his _indian_, as with his own proper name of _weiser_, as a witness and interpreter. * * * * * in the c o u r t-h o u s e at _lancaster, july_ , , _a. m._ p r e s e n t, the honourable _g e o r g e t h o m a s_ esq; governor, &c. the honourable the commissioners of _virginia_. the honourable the commissioners of _maryland_. the deputies of the _six nations_. _conrad weiser_, interpreter. _c a n a s s a t e g o spoke as follows_: _brother_ onas, the other day you was pleased to tell us, you were always concerned whenever any thing happened that might give you or us uneasiness, and that we were mutually engaged to preserve the road open and clear between us; and you informed us of the murder of _john armstrong_, and his two men, by some of the _delaware indians_, and of their stealing his goods to a considerable value. the _delaware indians_, as you suppose, are under our power. we join with you in your concern for such a vile proceeding; and, to testify that we have the same inclinations with you to keep the road clear, free and open, we give you this string of wampum. _which was received with the usual ceremony_. _brother_ onas, these things happen frequently, and we desire you will consider them well, and not be too much concerned. three _indians_ have been killed at different times at _ohio_, and we never mentioned any of them to you, imagining it might have been occasioned by some unfortunate quarrels, and being unwilling to create a disturbance. we therefore desire you will consider these things well, and, to take the grief from your heart, we give you this string of wampum. _which was received with the usual ceremonies_. _brother_ onas, we have heard of the murder of _john armstrong_, and, in our journey here, we had conference with our cousins the _delawares_ about it, and reproved them severely for it, and charged them to go down to our brother _onas_, and make him satisfaction, both for the men that were killed, and for the goods. we understood, by them, that the principal actor in these murders is in your prison, and that he had done all the mischief himself; but that besides him, you had required and demanded two others who were in his company when the murders were committed. we promise faithfully, in our return, to renew our reproofs, and to charge the _delawares_ to send down some of their chiefs with these two young men (but not as prisoners) to be examined by you; and as we think, upon examination, you will not find them guilty, we rely on your justice not to do them any harm, but to permit them to return home in safety. we likewise understand, that search has been made for the goods belonging to the deceased, and that some have been already returned to your people, but that some are still missing. you may depend upon our giving the strictest charge to the _delawares_ to search again with more diligence for the goods, and to return them, or the value of them, in skins. and, to confirm what we have said, we give you this string of wampum. _which was received with the usual ceremonies_. _brother_ onas, the _conoy indians_ have informed us, that they sent you a message, some time ago, to advise you, that they were ill used by the white people in the place where they had lived, and that they had come to a resolution of removing to _shamokin_, and requested some small satisfaction for their land; and as they never have received any answer from you, they have desired us to speak for them; we heartily recommend their case to your generosity. and, to give weight to our recommendation, we present you with this string of wampum. _which was received with the usual ceremony_. _the governor having conferred a little time with the honourable commissioners of_ virginia _and_ maryland, _made the following reply_: _brethren_, i am glad to find that you agree with me in the necessity of keeping the road between us clear and open, and the concern you have expressed on account of the barbarous murders mentioned to you, is a proof of your brotherly affection for us. if crimes of this nature be not strictly enquired into, and the criminals severely punished, there will be an end of all commerce between us and the _indians_, and then you will be altogether in the power of the _french_. they will set what price they please on their own goods, and give you what they think fit for your skins; so it is for your own interest that our traders should be safe in their persons and goods when they travel to your towns. _brethren_, i considered this matter well before i came from _philadelphia_, and i advised with the council there upon it, as i have done here with the honourable the commissioners of _virginia_ and _maryland_. i never heard before of the murder of the three _indians_ at _ohio_; had complaint been made to me of it, and it had appeared to have been committed by any of the people under my government, they should have been put to death, as two of them were, some years ago, for killing two _indians_. you are not to take your own satisfaction, but to apply to me, and i will see that justice be done you; and should any of the _indians_ rob or murder any of our people, i do expect that you will deliver them up to be tried and punished in the same manner as white people are. this is the way to preserve friendship between us, and will be for your benefit as well as ours. i am well pleased with the steps you have already taken, and the reproofs you have given to your cousins the _delawares_, and do expect you will lay your commands upon some of their chiefs to bring down the two young men that were present at the murders; if they are not brought down, i shall look upon it as a proof of their guilt. if, upon examination, they shall be found not to have been concerned in the bloody action, they shall be well used, and sent home in safety: i will take it upon myself to see that they have no injustice done them. an inventory is taken of the goods already restored, and i expect satisfaction will be made for such as cannot be found, in skins, according to promise. i well remember the coming down of one of the _conoy indians_ with a paper, setting forth, that the _conoys_ had come to a resolution to leave the land reserved for them by the proprietors, but he made no complaint to me of ill usage from the white people. the reason he gave for their removal was, that the settling of the white people all round them had made deer scarce, and that therefore they chose to remove to _juniata_ for the benefit of hunting. i ordered what they said to be entered in the council-book. the old man's expences were born, and a blanket given him at his return home. i have not yet heard from the proprietors on this head; but you may be assured, from the favour and justice they have always shewn to the _indians_, that they will do every thing that may be reasonably expected of them in this case. * * * * * in the c o u r t-h o u s e chamber at _lancaster_, _july_ , , _p. m._ p r e s e n t, the honourable the commissioners of _virginia_. the deputies of the _six nations_. _conrad weiser_, interpreter. _the_ indians _being told, by the interpreter, that their brother_ assaragoa _was going to speak to them, the commissioners spoke as follows_: _sachems and warriors, our friends and brethren_, as we have already said enough to you on the subject of the title to the lands you claim from _virginia_, we have no occasion to say any thing more to you on that head, but come directly to the point. we have opened the chest, and the goods are now here before you; they cost two hundred pounds _pensylvania_ money, and were bought by a person recommended to us by the governor of _pensylvania_ with ready cash. we ordered them to be good in their kinds, and we believe they are so. these goods, and two hundred pounds in gold, which lie on the table, we will give you, our brethren of the _six nations_, upon condition that you immediately make a deed recognizing the king's right to all the lands that are, or shall be, by his majesty's appointment in the colony of _virginia_. as to the road, we agree you shall have one, and the regulation is in paper, which the interpreter now has in his custody to shew you. the people of _virginia_ shall perform their part, if you and your _indians_ perform theirs; we are your brethren, and will do no hardships to you, but, on the contrary, all the kindness we can. the _indians_ agreed to what was said, and _canassatego_ desired they would represent their case to the king, in order to have a further consideration when the settlement increased much further back. to which the commissioners agreed, and promised they would make such a representation faithfully and honestly; and, for their further security that they would do so, they would give them a writing, under their hands and seals, to that purpose. they desired that some rum might be given them to drink on their way home, which the commissioners agreed to, and paid them in gold for that purpose, and the carriage of their goods from _philadelphia_, nine pounds thirteen shillings, and three-pence, _pensylvania_ money. _canassatego_ further said, that as their brother _tocarry-hogan_ sent them provision on the road here, which kept them from starving, he hoped their brother _assaragoa_ would do the same for them back, and have the goods he gave them carried to the usual place; which the commissioners agreed to, and ordered provisions and carriages to be provided accordingly. after this conference the deed was produced, and the interpreter explained it to them; and they, according to their rank and quality, put their marks and seals to it in the presence of several gentlemen of _maryland, pensylvania_ and _virginia_; and when they delivered the deed, _canassatego_ delivered it for the use of their father, the great king, and hoped he would consider them; on which the gentlemen and _indians_ then present gave three shouts. * * * * * in the c o u r t-h o u s e at _lancaster, tuesday_, _july_ , , _a. m._ p r e s e n t, the honourable _g e o r g e t h o m a s_, esq; governor, &c. the honourable the commissioners of _virginia_. the honourable the commissioners of _maryland_. the deputies of the _six nations_. _conrad weiser_, interpreter. _the_ governor _spoke as follows_: _friends and brethren of the_ six nations, at a treaty held with many of the chiefs of your nations two years ago, the road between us was made clearer and wider; our fire was enlarged, and our friendship confirmed by an exchange of presents, and many other mutual good offices. we think ourselves happy in having been instrumental to your meeting with our brethren of _virginia_ and _maryland_; and we persuade ourselves, that you, on your parts, will always remember it as an instance of our good-will and affection for you. this has given us an opportunity of seeing you sooner than perhaps we should otherwise have done; and, as we are under mutual obligations by treaties, we to hear with our ears for you, and you to hear with your ears for us, we take this opportunity to inform you of what very nearly concerns us both. the _great king of_ england and the _french_ king have declared war against each other. two battles have been fought, one by land, and the other by sea. the _great king of_ england commanded the land-army in person, and gained a compleat victory. numbers of the _french_ were killed and taken prisoners, and the rest were forced to pass a river with precipitation to save their lives. the great god covered the king's head in that battle, so that he did not receive the least hurt; for which you, as well as we, have reason to be very thankful. the engagement at sea was likewise to the advantage of the _english_. the _french_ and _spaniards_ joined their ships together, and came out to fight us. the brave _english_ admiral burnt one of their largest ships, and many others were so shattered, that they were glad to take the opportunity of a very high wind, and a dark night, to run away, and to hide themselves again in their own harbours. had the weather proved fair, he would, in all probability, have taken or destroyed them all. i need not put you in mind how much _william penn_ and his sons have been your friends, and the friends of all the _indians_. you have long and often experienced their friendship for you; nor need i repeat to you how kindly you were treated, and what valuable presents were made to you two years ago by the governor, the council, and the assembly of _pensylvania_. the sons of _william penn_ are all now in _england_, and have left me in their place, well knowing how much i regard you and all the _indians_. as a fresh proof of this, i have left my house, and am come thus far to see you, to renew our treaties, to brighten the covenant-chain, and to confirm our friendship with you. in testimony whereof, i present you with this belt of wampum. _which was received with the_ yo-hah. as your nations have engaged themselves by treaty to assist us, your brethren of _pensylvania_, in case of a war with the _french_, we do not doubt but you will punctually perform an engagement so solemnly entered into. a war is now declared, and we expect that you will not suffer the _french_, or any of the _indians_ in alliance with them, to march through your country to disturb any of our settlements; and that you will give us the earliest and best intelligence of any designs that may be formed by them to our disadvantage, as we promise to do of any that may be to yours. to enforce what i have now said to you in the strongest manner, i present you with this belt of wampum. _which was received with the_ yo-hah. _after a little pause his honour, the_ governor, _spoke again_: _friends and brethren of the_ six nations, what i have now said to you is in conformity to treaties subsisting between the province of which i am governor and your nations. i now proceed, with the consent of the honourable commissioners for _virginia_ and _maryland_, to tell you, that all differences having been adjusted, and the roads between us and you made quite clear and open, we are ready to confirm our treaties with your nations, and establish a friendship that is not to end, but with the world itself. and, in behalf of the province of _pensylvania_, i do, by this fine belt of wampum, and a present of goods, to the value of three hundred pounds, confirm and establish the said treaties of peace, union and friendship, you on your parts doing the same. _which was received with a loud_ yo-hah. the governor further added, the goods bought with the one hundred pounds sterling, put into my hands by the governor of _virginia_, are ready to be delivered when you please. the goods bought and sent up by the people of the province of _pensylvania_, according to the list which the interpreter will explain, are laid by themselves, and are likewise ready to be delivered to you at your own time. _after a little pause the commissioners of_ virginia _spoke as follows_: _sachems and warriors of the_ six nations, the way between us being made smooth by what passed yesterday, we desire now to confirm all former treaties made between _virginia_ and you, our brethren of the _six nations_, and to make our chain of union and friendship as bright as the sun, that it may not contract any more rust for ever; that our childrens children may rejoice at, and confirm what we have done; and that you and your children may not forget it, we give you one hundred pounds in gold, and this belt of wampum. _which was received with the usual ceremony_. _friends and brethren_, altho' we have been disappointed in our endeavours to bring about a peace between you and the _catawbas_, yet we desire to speak to you something more about them. we believe they have been unfaithful to you, and spoke of you with a foolish contempt; but this may be only the rashness of some of their young men. in this time of war with our common enemies the _french_ and _spaniards_, it will be the wisest way to be at peace among ourselves. they, the _catawbas_, are also children of the great king, and therefore we desire you will agree, that we may endeavour to make a peace between you and them, that we may be all united by one common chain of friendship. we give you this string of wampum. _which was received with the usual ceremony_. _brethren_, our friend, _conrad weiser_, when he is old, will go into the other world, as our fathers have done, our children will then want such a friend to go between them and your children, to reconcile any differences that may happen to arise between them, that, like him, may have the ears and tongues of our children and yours. the way to have such a friend, is for you to send three or four of your boys to _virginia_, where we have a fine house for them to live in, and a man on purpose to teach the children of you, our friends, the religion, language and customs of the white people. to this place we kindly invite you to send some of your children; and we promise you they shall have the same care taken of them, and be instructed in the same manner as our own children, and be returned to you again when you please; and, to confirm this, we give you this string of wampum. _which was received with the usual ceremony_. _then the commissioners of_ maryland _spoke as follows_: _friends and brethren, the chiefs or sachems of the_ six _united_ nations, the governor of _maryland_ invited you hither, we have treated you as friends, and agreed with you as brethren. as the treaty now made concerning the lands in _maryland_ will, we hope, prevent effectually every future misunderstanding between us on that account, we will now bind faster the links of our chain of friendship, by a renewal of all our former treaties; and that they may still be the better secured, we shall present you with one hundred pounds in gold. what we have further to say to you is, let not our chain contract any rust; whenever you perceive the least speck, tell us of it, and we will make it clean. this we also expect of you, that it may always continue so bright as our generations may see their faces in it; and, in pledge of the truth of what we have now spoken, and our affection to you, we give you this belt of wampum. _which was received with the usual ceremony._ _c a n a s s a t e g o, in return, spoke as follows_: _brother_ onas, assaragoa, _and_ tocarry-hogan, we return you thanks for your several speeches, which are very agreeable to us. they contain matters of such great moment, that we propose to give them a very serious consideration, and to answer them suitably to their worth and excellence; and this will take till to-morrow morning, and when we are ready we will give you due notice. you tell us you beat the _french_; if so, you must have taken a great deal of rum from them, and can the better spare us some of that liquor to make us rejoice with you in the victory. the governor and commissioners ordered a dram of rum to be given to each in a small glass, calling it, _a french glass_. * * * * * in the c o u r t-h o u s e at _lancaster, july , , a. m._ p r e s e n t, the honourable _g e o r g e t h o m a s_ esq; governor, &c. the honourable the commissioners of _virginia_. the honourable the commissioners of _maryland_. the deputies of the _six nations_. _conrad weiser_, interpreter. _c a n a s s a t e g o speaker._ _brother_ onas, yesterday you expressed your satisfaction in having been instrumental to our meeting with our brethren of _virginia_ and _maryland_, we, in return, assure you, that we have great pleasure in this meeting, and thank you for the part you have had in bringing us together, in order to create a good understanding, and to clear the road; and, in token of our gratitude, we present you with this string of wampum. _which was received with the usual ceremony._ _brother_ onas, you was pleased yesterday to inform us, "that war had been declared between _the great king of_ england and the _french_ king; that two great battles had been fought, one by land, and the other at sea; with many other particulars." we are glad to hear the arms of the king of _england_ were successful, and take part with you in your joy on this occasion. you then came nearer home, and told us, "you had left your house, and were come thus far on behalf of the whole people of _pensylvania_ to see us; to renew your treaties, to brighten the covenant-chain, and to confirm your friendship with us." we approve this proposition, we thank you for it. we own, with pleasure, that the covenant-chain between us and _pensylvania_ is of old standing, and has never contracted any rust; we wish it may always continue as bright as it has done hitherto; and, in token of the sincerity of our wishes, we present you with this belt of wampum. _which was received with the_ yo-hah. _brother onas_, you was pleased yesterday to remind us of our mutual obligation to assist each other in case of a war with the _french_, and to repeat the substance of what we ought to do by our treaties with you; and that as a war had been already entered into with the _french_, you called upon us to assist you, and not to suffer the _french_ to march through our country to disturb any of your settlements. in answer, we assure you we have all these particulars in our hearts, they are fresh in our memory. we shall never forget that you and we have but one heart, one head, one eye, one ear, and one hand. we shall have all your country under our eye, and take all the care we can to prevent any enemy from coming into it; and, in proof of our care, we must inform you, that before we came here, we told _onandio_[ ], our father, as he is called, that neither he, nor any of his people, should come through our country, to hurt our brethren the _english_, or any of the settlements belonging to them; there was room enough at sea to fight, there he might do what he pleased, but he should not come upon our land to do any damage to our brethren. and you may depend upon our using our utmost care to see this effectually done; and, in token of our sincerity, we present you with this belt of wampum. _which was received with the usual ceremony._ _after some little time the interpreter said_, canassatego _had forgot something material, and desired to mend his speech, and to do so as often as he should omit any thing of moment, and thereupon he added:_ the _six nations_ have a great authority and influence over sundry tribes of _indians_ in alliance with the _french_, and particularly over the _praying indians_, formerly a part with ourselves, who stand in the very gates of the _french_; and, to shew our further care, we have engaged these very _indians_, and other _indian_ allies of the _french_ for you. they will not join the _french_ against you. they have agreed with us before we set out. we have put the spirit of antipathy against the _french_ in those people. our interest is very considerable with them, and many other nations, and as far as ever it extends, we shall use it for your service. the governor said, _canassatego_ did well to mend his speech; he might always do it whenever his memory should fail him in any point of consequence, and he thanked him for the very agreeable addition. _brother_ assaragoa, you told us yesterday, that all disputes with you being now at an end, you desired to confirm all former treaties between _virginia_ and us, and to make our chain of union as bright as the sun. we agree very heartily with you in these propositions; we thank you for your good inclinations; we desire you will pay no regard to any idle stories that may be told to our prejudice. and, as the dispute about the land is now intirely over, and we perfectly reconciled, we hope, for the future, we shall not act towards each other but as becomes brethren and hearty friends. we are very willing to renew the friendship with you, and to make it as firm as possible, for us and our children with you and your children to the latest generation, and we desire you will imprint these engagements on your hearts in the strongest manner; and, in confirmation that we shall do the same, we give you this belt of wampum. _which was received with_ yo-hah _from the interpreter, and all the nations_. _brother_ assaragoa, you did let us know yesterday, that tho' you had been disappointed in your endeavours to bring about a peace between us and the _catawbas_, yet you would still do the best to bring such a thing about. we are well pleased with your design, and the more so, as we hear you know what sort of people the _catawbas_ are, that they are spiteful and offensive, and have treated us contemptuously. we are glad you know these things of the _catawbas_; we believe what you say to be true, that there are, notwithstanding, some amongst them who are wiser and better; and, as you say, they are your brethren, and belong to the great king over the water, we shall not be against a peace on reasonable terms, provided they will come to the northward to treat about it. in confirmation of what we say, and to encourage you in your undertaking, we give you this string of wampum. _which was received with the usual ceremonies_. _brother_ assaragoa, you told us likewise, you had a great house provided for the education of youth, and that there were several white people and _indians_ children there to learn languages, and to write and read, and invited us to send some of our children amongst you, &c. we must let you know we love our children too well to send them so great a way, and the _indians_ are not inclined to give their children learning. we allow it to be good, and we thank you for your invitation; but our customs differing from yours, you will be so good as to excuse us. we hope _tarachawagon_[ ] will be preserved by the good spirit to a good old age; when he is gone under ground, it will be then time enough to look out for another; and no doubt but amongst so many thousands as there are in the world, one such man may be found, who will serve both parties with the same fidelity as _tarachawagon_ does; while he lives there is no room to complain. in token of our thankfulness for your invitation, we give you this string of wampum. _which was received with the usual ceremony_. _brother_ tocarry-hogan, you told us yesterday, that since there was now nothing in controversy between us, and the affair of the land was settled to your satisfaction, you would now brighten the chain of friendship which hath subsisted between you and us ever since we became brethren; we are well pleased with the proposition, and we thank you for it; we also are inclined to renew all treaties, and keep a good correspondence with you. you told us further, if ever we should perceive the chain had contracted any rust, to let you know, and you would take care to take the rust out, and preserve it bright. we agree with you in this, and shall, on our parts, do every thing to preserve a good understanding, and to live in the same friendship with you as with our brother _onas_ and _assaragoa_; in confirmation whereof we give you this belt of wampum. _on which the usual cry of_ yo-hah _was given_. _brethren_, we have now finished our answer to what you said to us yesterday, and shall now proceed to _indian_ affairs, that are not of so general a concern. _brother_ assaragoa, there lives a nation of _indians_ on the other side of your country, the _tuscaroraes_, who are our friends, and with whom we hold correspondence; but the road between us and them has been stopped for some time, on account of the misbehaviour of some of our warriors. we have opened a new road for our warriors, and they shall keep to that; but as that would be inconvenient for messengers going to the _tuscaroraes_, we desire they may go the old road. we frequently send messengers to one another, and shall have more occasion to do so now that we have concluded a peace with the _cherikees_. to enforce our request, we give you this string of wampum. _which was received with the usual cry of approbation_. _brother_ assaragoa, among these _tuscaroraes_ there live a few families of the _conoy indians_, who are desirous to leave them, and to remove to the rest of their nation among us, and the strait road from them to us lies through the middle of your country. we desire you will give them free passage through _virginia_, and furnish them with passes; and, to enforce our request, we give you this string of wampum. _which was received with the usual cry of approbation_. _brother_ onas, assaragoa, _and_ tocarry-hogan, at the close of your respective speeches yesterday, you made us very handsome presents, and we should return you something suitable to your generosity; but, alas! we are poor, and shall ever remain so, as long as there are so many _indian_ traders among us. theirs and the white peoples cattle have eat up all the grass, and make deer scarce. however, we have provided a small present for you, and though some of you gave us more than others, yet, as you are all equally our brethren, we shall leave it to you to divide it as you please.--and then presented three bundles of skins, which were received with the usual ceremony from the three governments. we have one thing further to say; and that is, we heartily recommend union and a good agreement between you our brethren. never disagree, but preserve a strict friendship for one another, and thereby you, as well as we, will become the stronger. our wise forefathers established union and amity between the _five nations_; this has made us formidable; this has given us great weight and authority with our neighbouring nations. we are a powerful confederacy; and, by your observing the same methods our wise forefathers have taken, you will acquire fresh strength and power; therefore whatever befals you, never fall out one with another. the governor replied: the honourable commissioners of _virginia_ and _maryland_ have desired me to speak for them; therefore i, in behalf of those governments, as well as of the province of _pensylvania_, return you thanks for the many proofs you have given in your speeches of your zeal for the service of your brethren the _english_, and in particular for your having so early engaged in a neutrality the several tribes of _indians_ in the _french_ alliance. we do not doubt but you will faithfully discharge your promises. as to your presents, we never estimate these things by their real worth, but by the disposition of the giver. in this light we accept them with great pleasure, and put a high value upon them. we are obliged to you for recommending peace and good agreement amongst ourselves. we are all subjects, as well as you, of the great king beyond the water; and, in duty to his majesty, and from the good affection we bear to each other, as well as from a regard to our own interest, we shall always be inclined to live in friendship. then the commissioners of _virginia_ presented the hundred pounds in gold, together with a paper, containing a promise to recommend the _six nations_ for further favour to the king; which they received with _yo-hah_, and the paper was given by them to _conrad weiser_ to keep for them. the commissioners likewise promised that their publick messengers should not be molested in their passage through _virginia_, and that they would prepare passes for such of the _conoy indians_ as were willing to remove to the northward. then the commissioners of _maryland_ presented their hundred pounds in gold, which was likewise received with the _yo-hah_. _canassatego_ said, we mentioned to you yesterday the booty you had taken from the _french_, and asked you for some of the rum which we supposed to be part of it, and you gave us some; but it turned out unfortunately that you gave it in _french_ glasses, we now desire you will give us some in _english_ glasses. the governor made answer, we are glad to hear you have such a dislike for what is _french_. they cheat you in your glasses, as well as in every thing else. you must consider we are at a distance from _williamsburg, annapolis_, and _philadelphia_, where our rum stores are, and that although we brought up a good quantity with us, you have almost drunk it out; but, notwithstanding this, we have enough left to fill our _english_ glasses, and will shew the difference between the narrowness of the _french_, and the generosity of your brethren the _english_ towards you. the _indians_ gave, in their order, five _yo-hahs_; and the honourable governor and commissioners calling for some rum, and some middle-sized wine-glasses, drank health to the _great king of_ england, and the _six nations_, and put an end to the treaty by three loud huzza's, in which all the company joined. in the evening the governor went to take his leave of the _indians_, and, presenting them with a string of wampum, he told them, that was in return for one he had received of them, with a message to desire the governor of _virginia_ to suffer their warriors to go through _virginia_ unmolested, which was rendered unnecessary by the present treaty. then, presenting them with another string of wampum, he told them, that was in return for theirs, praying him, that as they had taken away one part of _conrad weiser_'s beard, which frightened their children, he would please to take away the other, which he had ordered to be done. _the_ indians _received these two strings of wampum with the usual yo-hah_. the governor then asked them, what was the reason that more of the _shawanaes_, from their town on _hohio_, were not at the treaty? but seeing that it would require a council in form, and perhaps another day to give an answer, he desired they would give an answer to _conrad weiser_ upon the road on their return home, for he was to set out for _philadelphia_ the next morning. _c a n a s s a t e g o in conclusion spoke at follows:_ we have been hindered, by a great deal of business, from waiting on you, to have some private conversation with you, chiefly to enquire after the healths of _onas_ beyond the water; we desire you will tell them, we have a grateful sense of all their kindnesses for the _indians_. brother _onas_ told us, when he went away, he would not stay long from us; we think it is a great while, and want to know when we may expect him, and desire, when you write, you will recommend us heartily to him; which the governor promised to do, and then took his leave of them. the commissioners of _virginia_ gave _canassatego_ a scarlet camblet coat, and took their leave of them in form, and at the same time delivered the passes to them, according to their request. the commissioners of _maryland_ presented _gachradodow_ with a broad gold-laced hat, and took their leave of them in the same manner. _a true copy, compared by_ richard peters, secr. [illustration] [footnote : onandio, the governor of _canada_.] [footnote : _tarachawagon, conrad weiser_.] a =t r e a t y= between h i s e x c e l l e n c y the honourable george clinton, captain-general and governor in chief of the province of _new-york_, and the territories thereon depending in america, vice-admiral of the same, and vice-admiral of the red squadron of his majesty's fleet. a n d the six united _indian_ nations, and other _indian_ nations, depending on the province of _n e w-y o r k_. held at _a l b a n y_ in the months of _august_ and _september_, . _a_ t r e a t y _between his excellency the governor of the province of_ new-york, _and the_ six nations, _and other_ indian _nations, depending on said province._ it is well known in the province of _new-york_, that the _six nations_ of _indians_ depending on this province, (called _iroquois_ by the _french_) had lately on several occasions, appear'd dissatisfied and wavering in their fidelity to the _british_ crown. no doubt, this was principally occasion'd by the artifices of the _french_ of _canada_, who had constantly emissaries among them: but at the same time there is reason to think, the suspicious behaviour of these nations, in favour of their once inveterate enemy the _french_, could not have arriv'd to the pitch it did, otherwise than by some neglects or misconduct of those who were entrusted by the government of _new-york_ with the management of the _indian_ affairs. his excellency the governor of _new-york_, having received his majesty's commands, to engage the _indian_ nations depending on his government, to join in the expedition then intended against _canada_, and to make them the usual presents on that occasion; and being sensible of the great use these _nations_ might be to the success of this enterprize, and likewise of the difficulties that probably might attend his endeavours at this time, was desirous to have had the assistance of as many of the members of his majesty's council as the circumstances of affairs would permit; but they all declined to give their attendance, except mr. _colden_ and mr. _livingston_. his excellency was therefore obliged to act with the smallest number of members, which by his majesty's commission can form a council, _viz_. three; the above two gentlemen and capt. _rutherford_, who was then at his post in _albany_. as soon as his excellency received his majesty's commands, he dispatched from _albany_ such persons as, by the best information he could receive, had influence among the _six nations_, to invite them severally to meet him at _albany_, on the th of _july_. his excellency arriv'd at _albany_ the st of _july_, where having heard, that, besides the small-pox, (which his excellency never had) many were sick of a contagious malignant fever, he continued on board the sloop which carried him up, to consider where to lodge with the least danger to his person from the infection of these distempers; and the next morning resolved to go into the fort. he was received at his landing with the usual marks of respect from the corporation, the independent companies of regular troops then in the place, and the militia, under a discharge of the cannon of the fort and town. in the afternoon of the same day on which his excellency came on shore, three _indians, viz_. two _onandagos_ and an _oneydo_, brought two _french_ scalps and presented to his excellency: at which time the leader of the party made a formal speech to the following purpose: 'that having had repeated accounts of the mischiefs done by the _french_, and of the frequent murders committed by them, and that the _mohawks_, notwithstanding their professions of friendship, suffered this bloodshed to remain unrevenged, his heart could bear it no longer; he thereupon resolved to open for his brethren the path to revenge: that these two scalps which he now presented were taken at noonday in sight of the _french_ fort at _crown point_.' his excellency told him how well he took this special mark of his fidelity, and assured him, that he would not only now reward him and his companions, by particular presents, but would always remember this act of friendship. they had already received the reward given by the act of assembly. his excellency gave each of them four _spanish_ dollars; to the leader a fine laced coat and hat, and a silver breast-plate; and to each of the others a stroud blanket and lac'd hat. these _indians_ told us, that they lay several days among the bushes, from whence they could see every man that came out of the fort-gate. they endeavoured for some time to take a prisoner, but observing that none went to such a distance from the fort that they could hope to carry him off, they resolved to take the first opportunity for a scalp: two soldiers coming out of the fort, after the chapel bell had rung about noon, one of the _indians_, by their leader's order, fired with swan shot upon them while they were near to each other. it is a constant rule among these sculking parties, never to fire without orders from their leader. one of the _french_ men was killed upon the spot, the other wounded, and fled immediately towards the fort gate, the _indian_ who had fired, pursu'd, and with his hatchet brought him down within a hundred steps of the fort gate; and, though the _french_ in the fort rushed out at the gate, he took his scalp off; the others had scalped the man that was first killed, and then they all fled. the _french_ in their hurry had run out without their arms, and upon recollecting themselves return'd to arm, which facilitated the escape of the _indians_. his excellency being informed, that the leader of this party was desirous to be distinguished by his excellency's giving him a new name, and that a name, which in the language of the _six nations_ signified the _path-opener_, would be most acceptable to him; his excellency honour'd him with that title; which he accepted very thankfully, and seem'd exceedingly pleased with it: whereupon he said, that the other two _indians_ having associated with a _mehikander_, or _river indian_, were resolved to go out against the enemy: but as he thought he might be more useful by staying, to assist at the ensuing treaty, he was resolved to remain here. he added, that in case the interpreter, and others sent to invite the _six nations_ to meet here, fail'd in any part, he would go among the _six nations_, and doubted not to bring many by his influence, who otherwise might stay. in a day or two after, six of seven _indians_, who had been sent out by the commissioners for _indian_ affairs to _crown-point_, to take prisoners, and gain intelligence, returned and said, that they had gone to that place, and that in sight of it they had separated, with, design thereby to surprize any stragler that might have come out of the fort: that while they were thus separated, two of their number were suddenly surrounded and taken by the enemy: one of these two, after having been detained three or four days, join'd the others at _saraghtoga_. he said, that he had been threatened with death by the _adirondacks_[ ]; but that the _cahnuagas_[ ] interpos'd, and by their intercession he was set at liberty; and some of the _cahnuagas_ conducted him through _lac sacrement_. he reported, that there was a great number of men, _french_ and _indians_, at _crown-point._ the other prisoner, an _onondaga_, consented to remain with the _french_, and was sent to _canada_. soon after this, sixteen _mohawk indians_ came to the town, who had been sent out from the lower _mohawk_ castle by mr. _johnson_, to gain intelligence near _crown-point_, and to take prisoners. they reported that they had discovered so great a number of _french_ and _indians_ at _crown-point_, that they had no hopes of being able to bring off any prisoners, and thought it adviseable to return speedily and inform of the great danger they thought this place was in. his excellency invited them to go thither again, in order to descry the motions of the enemy: and as a farther encouragement to them, to either scalp or take prisoners, he offered every person of said party that should take a scalp or prisoner, a piece of stroud, and a suit of laced clothes, besides the bounty; but they, being frightened with the apprehensions of danger, declined going back, and said, they must return home and acquaint their friends and relations with what they had heard and seen. several other _indians_ likewise alarmed the _mohawks_, by telling them that the _french_ had a great force at _crown-point_, and that they would certainly attack either _albany_ or _schenectade_, or the settlements on the _mohawks_ river, or perhaps several places at the same time. mr. _johnson_, and the commanding officer of the garrison of regular troops in the _mohawks_ country, by their letters to his excellency, confirm'd these reports; and added, the _mohawks_ had entertain'd apprehensions of the _french_ force at _crown-point_, which was like to have a bad effect. on this his excellency wrote to mr. _johnson_, that all these stories of the _french_ force at _crown-point_ were only artifices of the _french_ to intimidate the _indians_, or to amuse them, with design to frustrate the treaty which he intended to have with them; and that he was to assure the _indians_, that they could be in no danger from the _french:_ however, that they might see that he would omit nothing which they might think necessary for their security, he had ordered a lieutenant of militia, with thirty men, to reinforce the lower castle, and had likewise ordered the captain of militia near the upper castle, to assist the _indians_ there in fortifying their castle, and to hold himself in readiness to support them on any emergency. one _john colan_, a _frenchman_, who some years since had removed from _canada_, and settled and married at _schenectade_, and who has since that time lived in good reputation there, was sent by major _glen_ to inform his excellency, that one _aaron_, a noted _mohawk_ sachem, who with several others of the _six nations_, had been last spring in _canada_ to treat with the governor there, did then entertain two _cahnuaga indians_. this man, _john colan_, acquainted his excellency, that having discovered the _cahnuaga indians_, he told them he was a _frenchman_, and was desirous of returning to his own country, on which they began presently to propose to him methods for his escape; at which time, this _aaron_ coming near them, he express'd his fears of being discovered by him. they answered, that he need not fear _aaron_, for he was their friend, and designed to go with them. as they proposed to him to escape privately by himself, and to meet them at a place they named, he told them of his fears, in that case, of meeting with the _french indians_ while he was alone. they answered, that if he dress'd himself like an _indian_, the _french indians_ would do him no hurt, without first calling to him; upon which, if he stopp'd and call'd out _maria_, the _french indians_ would be so far from hurting him, that they would immediately come up to him and take him by the hand. from this, and several other incidents, which it would be tedious to relate, his excellency was convinced of some secret understanding between the _six nations_ and the _cahnuagas_, or _french indians:_ and that, however any party of our _indians_ might be induced to fall upon the _french_, they would not at that time molest the _french indians_, nor prevent the mischiefs which the inhabitants received from their sculking parties. for this reason, his excellency endeavoured to send out again the company of rangers, which had formerly been employed against the sculking _indians:_ but, as the assembly had made no provision for this expence, they refused to go, unless he gave his personal bond for their pay, at _three shillings_ a day for each private man, besides their provision; and would not be satisfied with the promises that he, by the advice of the council, made them of recommending their service to the general assembly, and the assurances he gave them of their being rewarded as they desired. on their continuing obstinate, his excellency was of opinion, that no considerable service could be expected from men, who were moved by no other principle but that of excessive wages: and he had reason afterwards to be confirmed in this opinion, when captain _langdon_, and afterwards captain _thebout_, voluntarily went with their companies of the new-levied troops to scour the woods, and took some of these _albany_ men with them as guides, who whenever they apprehended themselves in danger, by the discovery of recent tracts, some one or other of them could not be kept from firing their guns, or making some noise, by which the _french indians_, if any were near them, must know how to avoid them. some _indians_, who were likewise sent out in company with these men, complained in like manner. the publick interpreter, whom the governor (as before observed) had sent with others, to invite the _six nations_ to meet him at _albany_, wrote to the commissioners for _indian_ affairs, that they met with great difficulties and obstructions from the _sachems_, who had been lately at _canada:_ that the _oneydoes_ refused to give any answer, tho' they had staid there thirteen days endeavouring to persuade them; and that the _cayugas_ had absolutely refused to meet the governor. on which his excellency desired to be informed by the commissioners of _indian_ affairs, whether they knew of any person of influence or interest with the _indians_, and fit to be sent among them on this occasion. they answered, that they knew of none; and that the _indians_ were in a very bad disposition, and much under the influence of the _french_. about this time his excellency being informed, that the interpreter, and others sent with him, had neglected to send proper invitations to the _indians_ living on the branches of _susquehannah_ river; and that captain _vroman_, of _scohary_, was a proper person to be sent to those _indians_; he sent him, in company with captain _staats_, with a belt of _wampum_ to invite them. while the _indian_ affairs appear'd in this discouraging state, an account came to town, that about twenty young _chickesaws_ were come to the _senekas_, to desire them to shew them the way to _canada_. the _chickesaws_ had always been enemies to the _french:_ a party of about five hundred men had, four years before, been sent out against them from _canada_, who were so entirely routed by the _chickesaws_, that few returned. these young _chickesaws_ told the _senekas_, that the _french_ of _canada_ had, about four years since, made them a visit, and were so kind to leave them four hundred guns, which were now wore out; and, since the _french_ had not thought fit to bring them any more guns, they were resolved to go to _canada_ to fetch new ones; and promised, that if the _senekas_ would shew them the way, they would go home and return with four hundred stout fellows. some other _indian_ nations who lived to the westward, discovering their aversion to the _french_ at the same time, these incidents assisted the governor's messengers in bringing more _indians_ to _albany_ than they expected, when they wrote to the commissioners for _indian_ affairs. while the interpreter was at the more distant _indian_ castles, mr. _william johnson_ was indefatigable among the _mohawks_; he dressed himself after the _indian_ manner, made frequent dances, according to their custom when they excite to war, and used all the means he could think of, at a considerable expence, (which his excellency had promised to repay him) in order to engage them heartily in the war against _canada_. tho' he succeeded, beyond what any man in _albany_ thought could be done, yet several of the _sachems_ (in the _conajohary_, or upper _mohawk_ castle, chiefly) refused to engage in the war; but insisted, that as this war was entered into between the _english_ and _french_, in which they had no interest, they ought to remain neuter. the _english_ and _french_, they said, could at any time make peace; but if they should enter into the war, _indians_ could not make up the quarrel among themselves, otherwise than by the destruction of one or the other. the _french_ could have no hopes of engaging the _six nations_ on their side against the _english_, and therefore wisely play'd this game of endeavouring to make them stand neuter, which they could enforce by strong political arguments, of which the _indians_ were sensible enough. _it is your interest_, the _french_ emissaries said, _not to suffer either the_ french _or the_ english _to be absolute masters_; _for in that case you must become slaves to the one or the other_. from this politic view chiefly, the interpreter met with so much opposition everywhere: tho' it is not to be doubted, but that at the same time the _french_ had gain'd some particular _sachems_ entirely into their interest; however, many were prevailed on to come to _albany_, to hear what the governor of _new-york_ had to say to them; tho' several sachems staid behind. when they of the more distant nations came along with the interpreter to the lower _mohawk_ castle, and found that mr. _johnson_ had already engaged many of the young men there to join the army against _canada_, the others blamed the _mohawks_; telling them with some warmth, that they had been very rash in engaging so far. 'they ought, _the others said_, to have considered that they, the _mohawks_, were the smallest in number of any of the _six nations_, and ought not to have proceeded to so great a length, without the previous consent of the others.' to this the _mohawks_ answered, _it is true, we are less considerable as to number, than any of the other nations; but our hearts are truly_ english, _and all of us are men[ ]; so that, if our force be put to the trial, perhaps it will be found greater than you imagine._ these disputes, however, continued so far, that the _mohawks_, and the other _five nations_, could not go in company to _albany_; the _mohawks_ marched on one side of the river, while the other nations went on the other side. [_there are two roads from the_ mohawks _castle to_ schenectada, _one on each side of the_ mohawks _river_.] when the _indians_ came near the town of _albany_, on the th of _august_, mr. _johnson_ put himself at the head of the _mohawks_, dressed and painted after the manner of an _indian_ war-captain; and the _indians_ who followed him, were likewise dressed and painted, as is usual with them when they set out in war. the _indians_ saluted the governor as they passed the fort, by a running fire; which his excellency ordered to be answered by a discharge of some cannon from the fort: he afterwards received the sachems in the fort-hall, bid them welcome, and treated them with a glass of wine. as, by all accounts, the disposition of the _six nations_ seemed at this time less in favour of the _british_ interest than was to be wished, his excellency thought it necessary to have frequent conferences, in private, with the principal sachems of each _nation_; sometimes separately and singly, at other times with some of each nation jointly. there were only two of the _mohawks_ sachems (besides _aaron_ before mentioned, who left the castle at this time) that could not be prevailed on by mr. _johnson_ to declare themselves for entering into the war against _canada_: they were both of the _conajohary_ or upper-castle, and one of them the head of the tribe called the _tortoise_; (which, tho' not so numerous as that of the _bear_, yet is looked on as the first in rank or dignity;) and, as he had been with the governor of _canada_ last spring, it was thought to be of some consequence to gain him. mr. _colden_, above twenty years since, had the complement of being received into that castle; and, about seven years since (the last time he had been with the _mohawks_) had contracted some more particular acquaintance with these two sachems: he invited them to a private conference, at which the reverend mr. _barclay_ assisted as interpreter; they met him, and brought five more with them: after this conference these sachems appear'd as hearty as any of the others. he that was head of the tribe call'd the _tortoise_, said, 'his uncle had been the chief war-captain among the _mohawks_: that his uncle had particularly distinguished himself in their wars against the _french_, and he was resolved to shew himself not unworthy of his ancestors, nor of his uncle's name, which he had obtained after his death.' after the principal sachems had, at these conferences, been brought to a good disposition, his excellency advised with the gentlemen of the council, and the commissioners from the _massachusets bay_, on what might be proper to be said to the _six nations_ in the publick speech, which he now proposed to make to them. col. _wendell_ and mr. _wells_ had arrived from _boston_ about the end of _july_, and soon after they came to town, his excellency ordered the gentlemen of the council to communicate to them all the information which had been received, with respect to the _indian_ affairs: and they had frequent conferences together from time to time, as occasion required: it was likewise thought proper to communicate, what his excellency intended to say to some of the sachems of each nation, who were thought most hearty in the _british_ interest; who said, that it was well conceiv'd as could have been done, had they themselves advised upon the subject; only as it had been advised to observe in the first draught, that some of his majesty's subjects had been instigated by the _french_ to rise in rebellion against the king; that they had been defeated by one of the king's sons; that these poor people were now utterly ruined, and had nothing left but to bewail their folly in the misery that was brought upon them, by suffering themselves to be deluded by the promises of the _french_; they said, that they did not understand the affairs on the other side of the sea, nor did they trouble their heads about them; and as they had no method of retaining what is spoke to them but by their memories, they were afraid that this might perplex their memories, and make them less attentive to what was properly their business; and advised, that it should be left out; which accordingly was done. another difficulty remained; the publick interpreter had been taken dangerously ill in his return to _albany_, and was at this time confined to his bed. tho' several were employed, who had knowledge sufficient in the language of the _six nations_, to make themselves be understood, and to understand what was spoke to them; yet none of them were so much masters of the language, as to speak with that propriety and distinctness that is expected, and usual on so solemn an occasion. it was thought therefore proper, to make one of the sachems understand the speech, by the assistance of the common interpreters, that he might be able to deliver it paragraph by paragraph, as it should be spoke. at first a _mohawk_ sachem was pitched upon; but the sachems themselves told us, that for some time past a kind of party-division among the _six nations_ had subsisted: that the _mohawks_, _onandagas_, and _senekas_, form'd one party; and the _oneydoes, tuscaroras_, and _cayugas_, the other: that, as the _mohawks_ might be suspected to be more partial to the _english_, it would be of more use to employ one of the other party; and an _oneydo_ sachem was proposed for that purpose. this man was easily enough made to understand the speech, and he repeated it several times over in private, and was instructed where to make the proper stops. after the speech was delivered, some of the commissioners for _indian_ affairs, and other persons present at the delivery, who understood both languages, acknowledged, that this _indian_ had acquitted himself of his trust faithfully, and had delivered the sense of the speech clearly and distinctly. while these last preparations were making, his excellency was taken ill of a fever, which occasioned some further delay; and as his excellency did not recover so soon as was wished, the sachems were told, that his excellency being unwilling to detain them without necessity, would, if they desired it, direct mr. _colden_ to speak to them in his name, what he designed to say. they answered, that they would be well pleased to hear it from mr. _colden_'s mouth. [footnote : a nation of _indians_ living in _canada_, who have always been firm friends to the _french_, and formerly were at war with the _six nations_.] [footnote : a number of _indians_ originally of the _five nations_, and deserters from them, now settled near _montreal_, by whom the illicit trade between _albany_ and _montreal_ was carried on: they are well acquainted with the country about _albany_.] [footnote : the _six nations_ reckon all other _indian_ nations women, in comparison to themselves.] * * * * * at _a l b a n y_ the nineteenth of _august_, . p r e s e n t, the { cadwallader colden, } esqrs; of his majesty's honourable { philip livingston, } council for the province { john rutherford, } of _new-york_. the commissioners from the government of the _massachusets-bay_. the commissioners of the province of _new-york_ for _indian_ affairs. the mayor and corporation of _albany_. the officers of the independent companies, and of the new levies then at _albany_. several gentlemen of the province of _new-york_: and strangers. _mr._ colden _introduced the speech as follows_: his excellency our governor having been taken ill, and as yet not so well recovered as that he can safely come abroad; has ordered me (being the next person to him in the administration) to speak to you in his name, which i shall do in the same words which he designed to have spoke, had he not been prevented by sickness. "_brethren_, "i am glad to see so many of our ancient friends here, and heartily bid you welcome. [_gave three strings of wampum_.] "i have call'd you to this place for two great ends, in which the province of the _massachusets-bay_ have sent commissioners to concur with me, who are here present. "the _first_ is, to renew the covenant-chain with you; and i now by this belt, in your father the king of _great-britain_'s name, in behalf of his majesty's subjects in _north-america_, renew and confirm the covenant-chain, and all former treaties and engagements entered into with you. this chain has from the beginning, remained so firm and strong, that it has never once broke or slipt since it was first made; and we, on our parts, shall endeavour that it remain so, unshaken, as long as the sun and moon shall endure. [_gave a belt_.] "_brethren_, last fall i told you, that his majesty's subjects in this country had, the summer before, lain still, without attempting any thing against the _french_ settlements: but that the _french_ had by surprize, attacked and destroyed a small place near _cape-breton_, belonging to us. "that they afterwards laid siege to _annapolis-royal_, and were beat off. "i likewise told you, that the governor of the _massachusets-bay_, in conjunction with _connecticut_ and _new-hampshire_, had, in revenge to these injuries, sent an army against _louisburg_, on the island of _cape-breton_; that the army was joined by a number of his majesty's ships of war, under the command of your friend admiral _warren_. "i told you, that the town of _louisburg_, which is the strongest the _french_ have in _america_, was reduced by this force; and that the _french_ there had surrendered themselves and their country to the _english_. "i likewise told you, how we, in this part of the country, had lain still, hoping that the _french_ in _canada_, would either be quiet, or carry on the war in a manly manner, and after the manner of christians. and to induce them thereto, a message had been sent from this place to the governor of _canada_, to tell him, that if he should revive the inhuman custom of murdering private people, by sculking _indians_, that the several governors of his majesty's colonies, together with you our brethren of the _six nations_, would join and make reprisals on them in the like manner; at which time you publickly declared, that if any of his majesty's subjects, in any part of his governments, should be killed by any _indians_, you would immediately join in the war against them, and the _french_. "and last fall, when i delivered the hatchet into your hands, you told me, and confirm'd it with a belt, that you would send some of your people (who were then ready) to _canada_, to demand satisfaction; and that if satisfaction was refused, you would use the hatchet against them, whenever i should order it. "and you further promised, that if the enemy should commit any further hostilities, you would then (upon my commands) immediately make use of the hatchet. "i need not tell you, how far the _french_ have been from giving satisfaction; on the contrary, you are well acquainted with the cruel and barbarous murders that have been committed, since that time, by the _french indians_ at _saraghtoga_, and in the neighbourhoods of this place, and on the frontiers of _new-england_; as you have not hitherto fulfilled your promises, i suspect that they did not come from your hearts: i therefore, by this belt, demand an immediate performance of your promises, to shew that they come from the bottom of your hearts; as all the promises i make come from mine, and ever shall. [_gave a belt_.] "_brethren_, i now come to the _second_ and principal design of our present meeting, in which i hope and expect to find you hearty, and united in your councils and opinions. [_gave a belt_.] "the king your father, having been informed of the unmanly murders committed on the frontiers of _new england_, and of this province, is resolved to subdue the country of _canada_, and thereby put an end to all the mischievous designs of the _french_ in these parts. and for this purpose, he has ordered his governors of _virginia, maryland, pensylvania_, and _new-jersey_, to join their forces to the forces of this province, to attack _canada_ by land: they are all now upon their march, and you will soon see them here. "at the same time the forces of the _massachusets-bay, connecticut, rhode-island_, and _new-hampshire_, are to go in ships to _cape-breton_, and there join with his majesty's ships of war, and a great army of experienc'd soldiers from _great-britain_. "many ships of war are already arrived there, and some thousand of soldiers; many more ships and soldiers are following; and i expect every hour to hear of their arrival; after which the attack upon _canada_ will be made on all sides, both by sea and land. "you may perceive the king has ordered a strength sufficient to subdue _canada_; but at the same time, the king your father expects and orders you his children, to join with your whole force in this enterprize; and thereby gives the _six nations_ a glorious opportunity of establishing their fame and renown over all the _indian_ nations in _america_, in the conquest of your inveterate enemies the _french_; who, however they may dissemble and profess friendship, can never forget the slaughter which your fathers made of them; and for that purpose, caress those nations who have always been your inveterate enemies, and who desire nothing so much as to see the name of the _six nations_ become obliterate, and forgot for ever. [_gave a belt_.] "_brethren_, the _french_, on all occasions, shew, that they act against your brethren the _english_, like men that know they dare not look them in the face in day-light; and therefore, like thieves, steal upon poor people, who do not expect them in the night, and consequently are not prepared for them: your brethren in their revenge have acted like men of courage; they do not attack poor farmers at their labour, but boldly attempted the reduction of _louisburg_, the strongest town the _french_ had in _america_, in the fortifying of which they had spent above twenty years: it was surrounded with strong walls and forts, in which they had planted their largest cannon in every place, where they thought the _english_ could come near them; notwithstanding of all these precautions and advantages, they were forced to submit to the _english_ valour. "you must have heard from your fathers, and i doubt not several of your old men still remember what the _french_ did at _onondaga_; how they surprised your countrymen at _cadarackui_; how they invaded the _senekas_, and what mischiefs they did to the _mohawks_; how many of your countrymen suffered by the fire at _montreal_. before they entered upon these cruel and mischievous designs, they sent priests among you to delude you, and lull you asleep, while they were preparing to knock you on the head; and i hear they are attempting to do the same now. [_gave a belt_.] "i need not put you in mind what revenge your fathers took for these injuries, when they put all the island of _montreal_, and a great part of _canada_, to fire and sword; can you think that the _french_ forget this? no, they have the ax privately in their hands against you, and use these deceitful arts, by which only they have been able to gain advantage over you, that by your trusting to them, they may at some time or other, at one blow, remove from the face of the earth, the remembrance of a people that have so often put them to shame and flight. "if your fathers could now rise out of their graves, how would their hearts leap with joy to see this day; when so glorious an opportunity is put into their hands to revenge all the injuries their country has received from the _french_, and be never more exposed to their treachery and deceit. i make no doubt you are the true sons of such renowned and brave ancestors, animated with the same spirit for your country's glory, and in revenge of the injuries your fathers received, uncapable of being deluded by the flattering speeches of them, who always have been, and always must be, in their hearts, your enemies, and who desire nothing more, than the destruction of your nations. "i therefore invite you, _brethren_, by this belt, to join with us, and to share with us, in the honour of the conquest of our, and your deceitful enemies; and that you not only join all the force of the _six nations_ with us, but likewise invite all the nations depending on you, to take a share in this glorious enterprize: and i will furnish your fighting men with arms, ammunition, cloathing, provisions, and every thing necessary for the war; and in their absence, take care of their wives and children. [_gave the war-belt_.] "_brethren_, you have seen how daring and insulting on you, as well as us, the _french indians_ have been, in cruelly murdering several of our people, since you have come to this place; and therefore, for the many reasons now laid before you, i make no doubt but your answer will clearly manifest your duty to the king your father, and your love to your brethren; and by this belt i do assure you, that our intent is, to live and die together." [_gave a belt of friendship_.] at every stop where a belt was given, one of the sachems call'd out _yo-hay_, to which all the rest answered in a sound which cannot be expressed in our letters, but seem'd to consist of two words remarkably distinguished in the cadence; it seem'd to this purpose; the sachem calls, _do your hear?_ the answer is, we attend and remember, or understand; or else it is a kind of plaudit our interpreters could not explain. at the close of the speech, one sachem of each nation call'd out severally the _yo-hay_, to which the others of the same nation answer'd severally: but when the war-belt was thrown down, they gave the war-shout. we expected but six of these plaudits, according to the number of the _six nations_, but eight were distinctly delivered; by which we understood some other nations were united with them on this occasion. after the speech was delivered, the sachems of the several nations had conferences together; and some time being spent in deliberating, they acquainted his excellency, 'that they had agreed upon their answer, which they were ready to give whenever he would appoint a time to receive it;' and he named the next day. accordingly on the d of _august_, his excellency being present; the gentlemen of the council; the commissioners from _boston_; the commissioners for _indian_ affairs; the corporation of _albany_; and many gentlemen, as at the time when his excellency's speech was delivered, an _onondaga_ sachem, who had formerly been speaker for the _six nations_ on several publick occasions, rose up and spoke: what he said was publickly interpreted, in the hearing of several who understood the _indian_ language well, as follows: brethren of _new-york_, and of the _massachusets-bay_, _we the_ six nations _are now assembled together as one man, and we take in the_ messesagues _for the seventh nation; and what is now to be spoken by one mouth, are the joint and sincere thoughts of every heart._ _we are pleas'd that you follow the steps of our fore-fathers, in wiping off the sorrowful tears from our eyes, by which the stoppage of our throats are opened, and the bloody bed wash'd clean._ [gave three strings of wampum.] brethren, _the first time we met together, we only saluted each other by shaking of hands; we afterwards made a covenant chain of silver, which we mutually have held fast to this day; should it now slip from either of our hands, it would prove destruction to both sides, since our enemies have drawn the sword._ [gave a belt.] brother of _new-york_; _last year you gave us the hatchet to be made use of against your enemies, the_ french, _which we accepted and promised to make use of it if they should commit any farther hostilities upon the_ english, _which they have now done by destroying_ saraghtoga, _and shedding a great deal of blood: hitherto we have made no use of the hatchet; but as you now call upon us, we are ready, and do declare from the bottom of our hearts, that we will from this day, make use of it against the_ french, _and their children_, (meaning their _indians_.) [n. b. the question was asked them by his excellency, whether by the words _their children_, they meant all the _indians_ in alliance with the _french_? to which they answered, _yes_.] [at the end of the foregoing paragraph, the speaker threw down a war-belt of wampum on the ground, it being the _indian_ custom to deliver war-belts, or make declaration of war in this manner: this he did with a remarkable shew of indignation, intending thereby to express their resentment against the _french_ and their allies, and their zeal for the _english_.] [_gave a belt_.] brother of _new-york; according to your exhortation in your speech to us, we are firmly united together from this time, to act as having one heart; the_ messesagues _are in the same manner joined and united with us, likewise the southern nations bordering upon us; and we hope that you, and the other governors on the continent, will be in the same manner joined and united together._ [gave a belt.] [they repeated over his excellency's speech in relation to the conquest of _cape-breton_; and added, _we hope that our fleet and army will be also victorious in the present expedition against_ canada; _for the_ french _are a mischievous people_.] [gave a belt.] _as to your suspicions of our admitting_ french _priests among us, they are become groundless, since we have now declared war against them: the admitting of priests, would only tend to lull us asleep to our destruction; should any now dare to come, we know no use for them but to roast them. the thoughts of the treatment we formerly received from the_ french, _thro' the means of their priests, and which you now seasonably have brought to our remembrance, makes our blood to boil._ brother of _new-york; this is the second time you have put the hatchet into our hands, which we accept, and are ready to go upon service. you may see that we have but a handful of fighting men here at present; however, some of them from each nation shall be left behind us to follow your orders._ _when we return to our respective castles, we shall send down a great number of our warriors, and of those of the nations in alliance with us, as soon as possible._ _this we assure you of from the truth and sincerity of our hearts; and we receive, and shall preserve this large belt_, [holding it up at the same time] _which you have now given us, as a war-hatchet_. brethren, _this is the belt of union with which we are to go hand in hand to the gate of our enemies, and by it we declare our intention to conquer or die in the common cause_. _there is a nation call'd the_ messesagues, _whose delegates are here present: they consist of five castles, containing eight hundred men, who are all determined, and do agree to join us, in this common cause, against our enemies the_ french, _and their_ indians; _and we hope you, and the commissioners from_ boston, _will use them in such a manner that they will go home content and satisfied._ [gave a belt of union, in which the figures of several persons join'd hand in hand, was wrought.] the person who interpreted, returned the _yo-hah_ at the end of every paragraph, and having done the same at the time they declared war, it occasioned laughter among them; upon which, observing his mistake, he began the war-shout, in which all the _indians_ joined. the _messesagues_ are a nation of _indians_, living near the place called _de troit_ by the _french_, and situate between lake _erie_ and the _huron_ lake. after the speaker had finished, his excellency told them by the interpreter, that the king their father had ordered him to make them a present on this occasion; and that the government of _virginia_ had on the same occasion, sent them a present. the commissioners from _boston_ at the same time told them, that they had a present from their government; and as they were soon to return home, desired the _six nations_ to come to their lodgings to receive it; on which the _indians_ desired his excellency to delay his present to next day, and they immediately went to receive their presents from the commissioners of the _massachusets-bay_. the next day, the presents from the king being exposed on one part, and those from _virginia_ separately near them, it was agreed by the people of _albany_, who had seen many publick presents given to the _six nations_ on treaties with them, that this was the most valuable ever given. his excellency on giving the presents, said; "_brethren_, "you here see a token of the regard the king your father has for you; and there is a token of the friendship of the government of _virginia_: but on this occasion i cannot forbear taking notice to you, that some of your people being at _canada_, when the news of the reduction of _cape-breton_ came there, and when the _french_ expected that _quebec_ would be immediately attacked in consequence of it, several of them joined with the _french_, and promised them assistance. this occasioned some uneasiness to your brethren, being contrary to the faith of your nations, as well as to your brethren's expectations; however, you may now, by performing the promises you yesterday made in the most solemn manner, remove all suspicions; and for ever secure the friendship of your brethren, which hitherto has from the beginning, remained unviolated on their parts. the goods now before you, are presents to the _six nations_; and, as we have received the _messesagues_ into the covenant between you and us, i expect that they shall share with you. besides these general presents now made to your nations, i have prepared proper cloathing for your war-captains, and the warriors who shall go under their command; together with arms, ammunition and provisions, which shall be delivered to the several parties at the time they shall go out on service." what his excellency said having been interpreted by a _mohawk_ sachem, the sachem added of his own head, _you now see how you are here treated, really like brethren; the governor of_ canada _does not treat his_ indians _so; they are set on like his dogs, and they run on without thought or consideration: you see what a noble present is made to you; if the governor of_ canada _should seize all the goods in that country, it would not be in his power to make such a present._ the _onondaga_ sachem, speaker of the _six nations_, immediately replied, brethren of _new-york, new-england_, and _virginia_; _we heard, and observe well, what you now and formerly spoke to us; and we beg no mention may hereafter be made of what passed last fall, since we are now heartily enter'd into the war with you, and have promised as many fighting men from each castle as can be spared; and likewise to engage as great numbers of every nation in alliance with us, as we can, to join immediately with us in the war against the_ french, _and the nations who adhere to them._ brethren of _new-york, new-england_, and _virginia_, _you must not suspect that it proceeds from any backwardness in us, that a greater number of our people do not at this instant join with you; the reason is, our castles have but few fighting men in them, many are now abroad, some hunting and trading with far distant nations, and others out fighting against our enemies; all these we shall recall home as soon as possible, in order to enter with all our force, into the war against your and our common enemy._ brother, _we have no more to say at this time, but only to tell you, we are sorry that we can so little shew our hearts by the presents we now offer; our hunting has been so very poor, that we cannot make you presents suitable to our inclinations._ the _mohawks_ added separately: _we have been employed all summer in your service as out-scouts, to gain intelligence, or in some manner or other, and thereby kept from hunting: we have no furrs to offer you, but we here present our persons, to serve you wherever you shall command._ that day was spent in dividing the presents among themselves. we were told, that these presents were divided into eight equal parts, of which they gave two to the _messesague_ deputies. the next day the war-kettle was set over the fire, and towards evening the _indians_ in his excellency's presence, where many gentlemen attended him, began the war-dance, and continued it till late in the night: they were painted as when they go to war. the dance is a slow and solemn motion, accompanied with a pathetick song. the _indians_ in their turns perform this singly, but it is not easy to describe the particularities of it. his excellency call'd several of the chief sachems who had been useful in the treaty, to him in private, and gave them presents severally; neither did he forget the _messesague_ deputies: he had a particular conference with one of them in private, the other was sick of the small-pox. at this conference, this deputy assured his excellency of the good inclinations of his nation to the _english_, and their aversion to the _french_; he said, 'that many of the nations to the westward of them, disliked the _french_;' and as an instance of it, he told, 'that the _french_ lately having pressed a neighbouring nation to take up the hatchet against the _english_, they received it; but made use of it against the _french_ themselves, and kill'd all the _french_ then with them, being sixty in number, with the loss of only one man of their own nation.' his excellency made him handsome presents, and gave him a belt to carry to his nation, with an invitation to join in the war against the _french_; the _messesague_ received them with a profession of the most sincere and hearty friendship; and that he made no doubt of bringing two, three, or four hundred men of his nation, to serve this fall against the _french_. he added, 'that he and several of his relations would immediately use their best endeavours, with several other nations to the westward of them, who were numerous, to join against the _french_; in which, _he said_, he had great hopes of success, because they were dissatisfied with the _french_.' his excellency took all possible care of the sick _messesague_, had him brought into a house, and ordered him, to be attended by two physicians; but the poor man had the misfortune to die, after he had been above a fortnight ill. when he found himself near his end, he sent to the governor, to desire him as his last request, that his excellency would send the first _french_ scalp that should be taken, to his mother; and when he was told that his excellency had promised it, he shewed a contentedness and resignation to death. this misfortune was increased by the death of the other _messesague_ deputy likewise, who was taken ill in his way home, and died. the _six nations_ took care of their wives and children, who had come with them; and it was not doubted but that they, and all the presents given them, would be safely conveyed to their own homes. having so far given an account of what passed with the _six nations_, it may be proper next to relate the treaty with the _mehikanders_, or _river indians_, _viz._ the several tribes of _indians_ living at several places on each side of _hudson_'s river. on his excellency's arrival at _albany_, having found that there had been a neglect in sending for the _esopus_ and _minissink indians_, he sent orders for them to be invited. the _mehikanders_ being conveened the st, his excellency directed mr. _colden_ to speak to them in his name and words; which mr. _colden_ did; the other gentlemen of the council, the commissioners from _boston_, the commissioners for _indian_ affairs, and several other gentlemen being present, in the words following: "_children_, "i am glad to meet you at this time, as are likewise the commissioners from the _massachusets-bay_, who are now come hither to concur with me upon the present occasion; and i take this opportunity to renew the ancient covenant chain with you, in behalf of this and all his majesty's governments in _america_, which you know has always been kept bright and clean, without any of the least stain or rust, and which by this belt i strengthen. [_gave a belt_.] "_children_, my meeting you here, besides renewing the covenant chain, is with intention that you should join your force with ours, by taking up the hatchet against our and your common enemies the _french_, and their _indians_; who have in a very unmanly manner, by sculking parties, murdered in cold blood, many of your brethren in this and the province of the _massachusets-bay_. "this behaviour lays us under a necessity of making reprisals on them in like manner, in which i make no doubt of your assistance; and we are resolved to take a thorough revenge of our and your perpetual enemies, by reducing the country of _canada_, that it may not be in the power of these perfidious, deceitful, and cruel people, to do you or us any injury for the future: for which purpose all the neighbouring colonies, together with many ships of war and soldiers from _great-britain_, are resolved to unite their force, and to attack _canada_ in all parts, both by sea and land; and i make no doubt, you will on this occasion shew yourselves dutiful children, in joining heartily with us and the _six nations_, in this glorious enterprize; by which you will not only gain honour and renown, but also safety and prosperity to yourselves, your wives, and children for ever afterwards: and for which end i will furnish your fighting men with arms, ammunition, cloathing, provisions, and every thing necessary for the war." [_gave a war-belt_.] on the th they gave their answer, which was interpreted in the following words; (the same persons being present, that were when the governor's speech was delivered to them.) father, _we are glad to see you; and we are come to renew the covenant chain, and make it fast and bright as ever, and free from rust, and as a token thereof we give you this belt._ [gave a belt.] father, _you have told us what mischief the_ french _have done, and what murders upon the christians they have committed; therefore we declare from our hearts, and not from our lips only, that as you have ordered us to shed the enemies' blood in return for what they have done, we are resolved to live and die with you in the common cause._ _when you christians are at war, you make peace with one another, but it is not so with us, therefore we depend upon you to take care of us; in confidence of which, we now take up the hatchet, and will make use of it against the_ french, _and their_ indians. [gave a belt with a hatchet.] after their answer they began the war-dance, and his excellency ordered a considerable present in goods to be publickly given them. none of these are suspected to be under _french_ influence. as there was no advice of the arrival of the fleet, and no plan of operations agreed on in case the fleet did not arrive, the supporting of about seven hundred _indians_ was a great expence to his excellency, for which he had no allowance from the province of _new-york_, or for any other charge attending this treaty: and as many of the _indians_, (above twenty) had got the small-pox, it being impracticable to prevent their going into town, or conversing with the town's people, and the _indians_ becoming uneasy by reason of the sickness of many, and death of some; his excellency thought it most prudent to dismiss them as soon as possible from this place, and to give orders to mr. _johnson_, to send out several parties from _schenectade_, or his own settlement near the lower _mohawk_ castle, to harrass the _french_ settlements in _canada_; and for that purpose delivered to him cloathing, arms and ammunition, to be given to the fighting men, as his excellency had promised them whenever they entered on service, and impowered him to furnish them with provisions, and whatever necessaries they should want. before they went, his excellency sent to them, to desire them to leave their sick, with a promise to take all care possible of them, and that he would order physicians to attend them. they were very sensible of this kindness, and acknowledged it; but not above two or three could be prevailed to stay, who were so ill that they could not be removed: all possible care was taken of the other sick, in the waggons which carried them to _schenectade_. on the th of _september_, the captains _staats_ and _vromen_, brought the _indians_ living on the branches of the _susquehannah_ river; they came in the _indian_ order, marching in a single line one after the other, and as they passed the fort, saluted by a running fire along the line; which salute the governor ordered to be returned, by a discharge of some cannon from the fort. on _monday_ the th of the same month his excellency spoke to them, telling them the substance of what he had ordered to be said to the _six nations_, and their answer; and as this has been set forth at length before, it is needless to repeat what was then said. the reason of his excellency's speaking to them in this manner was, because these nations living on the _susquehannah_ river and its branches, are known to be dependents on the _six nations_. the next day they gave their answer; the gentlemen of the council, the commissioners for _indian_ affairs, the corporation of _albany_, the officers of the four independent companies, and several officers of the new levies, and other gentlemen being present, as they were when his excellency spoke to the _indians_: their answer was publickly interpreted as follows; brother of _new-york_, _we live at_ ohguago; _what news you send to the_ six nations _is not truly reported to us, nor what the governor of_ canada _sends to them; we have not been properly taken notice of, nor timely acquainted with your design to treat with the_ six nations, _till near the time that your interview with them was over; otherwise we should have readily come along with them, to hear what our brother had to propose to us; and if we had received earlier notice, a much larger number of our fighting men would have come along with us: our settlements are scattering, and some of them at a great distance from others, and many of our men are from home a hunting; we have, however, sent the belt of invitation forward to those who live at a greater distance, that they may be able at the time appointed, to come and join us in the war, as by your belt we were desired._ brother, _you yesterday informed us of what you had said to the_ six nations, _and their answer; we are grieved that the_ six nations _have not already made use of the hatchet, but have hitherto kept it by them, and have not sent out their young men to revenge the murders which have been committed by the enemy._ _we are resolved to make use of the hatchet against the_ french, _to revenge the injuries done to you and your people, our brethren._ _we have received at times very different kind of news from the_ six nations, _sometimes it seemed as if the_ french _would be masters; but it cannot be so, they are a deceitful people, and cannot be trusted; they make fair promises, and have no intention to perform them; they flatter themselves with hopes to be masters, but they shall be disappointed; for we shall keep the hatchet firmly in our hands, and are resolved to make use of it._ _we know several roads that lead to_ canada, _we want to see the hatchet, that we may take it up._ upon which his excellency threw down a hanger, which the speaker took up and began the war-dance, and several others danced the same after him. after which they desired his excellency to take care of them, as he had promised. his excellency returned them thanks for their so readily taking up the hatchet; he said, that he would presently set the war-kettle over the fire, and provide them with every thing necessary for the war. his excellency gave them a handsome present in publick for their nations in general, and private presents to their principal sachems; one of which promised, that after his return home, he would go round all the _indian_ settlements, to invite them into the war against the _french_, and their _indians_; and that he did not doubt to be able to bring six hundred men from the _indian_ settlements on the _susquehannah_ river and its branches, to march at any time, and to any place, his excellency should appoint, in order to join the forces intended against _canada_; in the mean time they would cause a party of their men to go out with his men to scour the woods, and clear them of the _french_ sculking _indians_. about this time, a serjeant of capt. _livingston_'s company was surprized and killed by a sculking party of _french indians_: in a few minutes after the account of this came to his excellency, who happened to be dining at that time in capt. _wrexall's_ tent, fourteen of the _susquehannah indians_ were observed running past the tent, in order to cross the river, and meet the _french indians_; which his excellency observing, and being apprehensive that they might meet with some of the parties of the new levies that were gone out for the same purpose, and that they might be in danger of being attacked through mistake; he ask'd if any of the guard which then attended, would voluntarily go along with the _indians_? two men offered themselves, who went with one who understood the _indian_ language, in order to prevent mistakes. happy it was that this precaution was taken; for capt. _fanning_ with a great part of his company, having gone out with the same intention of intercepting the _french indians_, he discovered this party of our _indians_, and taking them to be _french indians_, he kept his men under the cover of some bushes, with their arms ready to fire, expecting the nearer approach of the _indians_; when one of the christians who were with them, observing capt. _fanning_'s men, called out, and came up to capt. _fanning_ when his men were ready to fire. none of the parties that went out were able to discover any of the enemy. his excellency afterwards sent out sixteen of these _indians_, and cloathed them for that purpose, together with about sixty men detached from the companies levied in the county of _albany_, in order to scour the woods, and to advance as far as the lakes to gain intelligence, by taking prisoners or otherwise. while this party was out, some of the _indians_ fell sick, and the others being apprehensive of the same misfortune, they return'd, after having been but a few days in the woods. his excellency then perceiving the uneasiness the _indians_ were under from the apprehensions of sickness, found it necessary to dismiss them all, on their promise to return, whenever his excellency should order, with all the force they shall be able to collect; and which, they said, as before observed, might amount to six hundred men. the number of _indians_ that came at this time from the _susquehannah_ river, consisted only of about sixty fighting men, besides old men, women, and children: more had come near to _albany_, but having there heard of the small-pox and sickness that was at _albany_, and that many of the _six nations_ had catched the infection, and several of them were dead, they returned back. after the _six nations_ left _albany_, many of them were taken sick on their way home, before they reached the _mohawk_ castles, and a considerable number of the briskest young men of the _mohawks_ died. this retarded the execution of the order given to mr. _johnson_, to send out parties to harrass the _french_ settlements in _canada_, though he used all the means in his power to effect it. while he was pressing them to this purpose, one of the sachems who had promised to head a party from the _canajohary_ castle, said, _you seem to think that we are brutes, that we have no sense of the loss of our dearest relations, and some of them the bravest men we had in our nation: you must allow us time to bewail our misfortune_. about ten days before his excellency left _albany_, a party of upwards of seventy men, consisting of some of each nation, went against _canada_: some christians were of the party to assist and direct, and to be witnesses of the behaviour of the _indians_. they were to avoid all the lakes, and the usual roads and passes to _canada_, and were to go thro' the woods over mountains, that are seldom passed, to prevent the enemies discovering them: but after these had been out, capt. _butler_'s son, to whom the chief direction of this party was committed, was taken ill of the small-pox, and five of the _indians_ were obliged to return to carry him home. another small party was sent out to take prisoners, and gain intelligence at _crown-point_. at the writing of this, it is not known what success they have had. when the _six nations_ had come as far as the lower _mohawk_ castle, in their return home, they were met by about six men of their own nations, who delivered a message from _canada_, which had been brought by the _indian_ who was taken by the _french_ at _crown point_, and carried to _canada_. the message was interpreted in the following words: "the governor of _canada_ had called the _cahnuaga indians_ to him, and then complained to them, that some of the _six nations_, his children, had killed some of his people: you all know, _he said_, that i am not hasty or passionate, but will rather bear a great deal than shew resentment, wherefore i am resolved to pass this over; but in the mean time i must desire you to go among the _six nations_, to find out the reason of this proceeding, and to tell them, that is any thing like it happen again, i will make them smart: you may nevertheless assure my children[ ] of the _six nations_, that i love and esteem them equally with the _cahnuagas_, or _shawendadies_[ ], being of the same blood. and to convince them of my love, i now send back to them one of their people that was taken at _crown point_, without eating his flesh. and now _cahnuagas_, my children, i would not have you spill any more blood from _albany_ upwards, for i begin to pity their weakness; but turn your arms towards _new-england_, against your most inveterate enemies, there is the place for you to gain honour now." the _cahnuagas_ gave the following answer to the governor of _canada_: father, _you are in the wrong, to desire us to go among the_ six nations _for intelligence, or with menaces; for such will only stir them up, and bring them and all their allies (who are very numerous) upon you, to destroy you at once. we know they are not to be bullied by your words or ours, wherefore,_ father, _we must leave you to go through this work by yourself._ after having as above, related what had passed between them and the governor of _canada_, they sent the following message from themselves. _brethren of the six nations_, "we hear the governor of _new-york_ has invited you to meet him; we intreat you not to mind any thing he shall say, in order to set you against us; for if you do, you, as well as we, must all die. wherefore, _brethren_, we conjure you by all the ties of friendship subsisting between us, to inform us of any design that is plotting against us; and that when any such thing shall be discovered, you will send an express to _cadarackui_[ ], where our fire always burns. "_brethren_, we shall be glad to see you next spring at _cahnuaga_, to hold a council together, where you shall be as safe and welcome as ever. "_brethren_, the governor our father, being informed, that your governor is raising men to come against _canada_, desires us to tell you, that he has _one thousand eight hundred_ men at _crown point_, ready to give them battle; in which number, the men of eight castles of the _utawawas_ are included. "_brethren_, be not angry at our destroying _saraghtoga_ last fall; col. _schuyler_ dar'd us to it, by saying he wished to see a _french_ army there: we gratified him in his wish." a _cahnuaga indian_ was sent along with the prisoner that was restored; but when he came near the settlements of the _six nations_, his heart fail'd him, and he sent the prisoner forward by himself with the message. the readiness with which the _six nations_ communicated this message, and the flight they in all appearance put upon it, is some proof of their sincerity in the promises they made to his excellency; neither from any thing which has happened can it be shewn, that they were not sincere. on the contrary, it appears by mr. _johnson_'s letter to his excellency of the st of _october_, that several parties are now out against the _french_; and that mr. _johnson_ having received orders from col. _roberts_, to send as many _indians_ as possible to join the army, all the _mohawks_, even their oldest men, were fitted out and ready; and having sent to the upper castles at the same time, they appeared so hearty, that there would not have remained above three old men in any of the next castles: and that col. _roberts_ afterwards contradicting these orders, they had appeared very uneasy on their being stopt. it was not expected that they would enter into the war without us, or by themselves, neither are they a people of so little thought, as to give any reason to expect it from them. when the companies raised in _pensylvania_ arrived at _albany_, his excellency was informed by their captains, that mr. _thomas_ governor of that province, had sent _conrad weiser_ their publick interpreter, among the _susquehannah indians_; and that they expected his arrival at this place in a little time, with at least three hundred _indians_. the treaties with the _indians_, which mr. _thomas_ has published, gave great hopes of the success that interpreter would have; and thereby increased the disappointment, when mr. _weiser_ arrived a few days before his excellency left _albany_, and did not bring one _indian_ with him. his excellency governor _clinton_, had perhaps more difficulties to struggle with on this occasion, than any governor of _new-york_ had at any time: the _six nations_ had on several occasions given grounds of mistrust; the governor of _canada_ was attempting all the means in his power to divert their affections from us; the people of the county of _albany_ had for some time past, entertained a dissatisfaction in the conduct of the commissioners for _indian_ affairs; the commissioners themselves were divided in their sentiments, and several of them refused to attend their meetings; and they confessed to his excellency, that they had lost all influence on the _indians_; mr. _gooch_ having declined the command of the forces at _albany_, his excellency was forced likewise to undertake a new and great care, which he in no manner expected when he left the city of _new york_, and which from many incidents, was attended with many difficulties. if these things be duly considered, and the dangers his person was in from the infection of two different diseases, which at that time raged in the city of _albany_, of which great numbers died during his residence there of near three months; none can doubt of his hearty zeal for the success of an affair, in which the safety and prosperity of all the colonies in north _america_, were immediately concerned. but as every one may not be sufficiently apprized of what consequence the _six nations_ being hearty, is to the interest of _great-britain_, it may be proper to observe, that though a number of _indians_ to march with the army, which was intended to attack _canada_, would be of great use in discovering and defeating the ambushes of the enemy's _indians_, while they were every day to be guarded against by the forces which were to march by land, and would by their incursions into the enemy's country, terribly harass them, and keep them from joining their forces into any great body to oppose the design; these are not the most considerable advantages might be gained from the affection of the _six nations_ at this time, or any time of war; for if the inland extent of the colonies from _nova scotia_ to _georgia_ be considered, and at the same time the numerous _indian_ nations on the continent of _america_, who may by the artifices of the _french_ be induced to make incursions every where; and the cruel methods by which the _indians_ make incursions in small parties, from the vast forest which every where covers the continent, and which in many places is impenetrable; it must evidently appear, that though the _english_ colonies be of much superior force in numbers of men, yet their number would not be sufficient to protect their frontiers from the incursions of the _indians_ in every place: and, that while their forces must in this case be divided and scattered all over their frontiers, it may be in the power of the _french_ in _canada_, to invade with success any part of the _english_ colonies. on the other hand, if a proper attempt were to be made by the northern colonies alone, without the assistance of their mother country, but with the assistance of the _indians_, it would in all appearance be sufficient to reduce _canada_; for if the _indian_ nations can be persuaded to join heartily, (as from what is above related it seems probable they may) it will be impossible for the inhabitants of _canada_ to defend themselves from the incursions of these numerous _indian_ nations, and from a body of regular troops at the same time. as the _french_ are very sensible of these advantages to be gain'd from the friendship of the _indian_ nations, they neglect no means in their power to procure them: and it is to be hoped, that the northern colonies will be no less assiduous in a matter on which their well-being at least depends. some people wish that the _indians_ may remain neuter, and think it adviseable to pursue measures for that purpose, by which many horrid barbarities would be prevented. no doubt this is to be wished; but can the _english_ colonies by any means be assured, that the _french_ will be sincere in preserving such a neutrality? and if they be not sincere, we shall more certainly expose ourselves to all these calamities, than we are now by _indians_ being engaged on both sides. the _six nations_ are by their natural inclinations, disposed to war-like enterprizes: they never have been at peace with all their neighbours, since they were known to christians. the reputation they have gained among all the _indian_ nations in north _america_, gives them an influence in the councils of every nation. it may then be easy for the _french_ to turn this disposition to war in the _six nations_, against us, and by their influence draw all the _indian_ nations in north _america_ upon us. the genius of the _six nations_ will not suffer them to remain inactive, while their neighbours are at war. in the last place, it may not be improper to observe at this time, that though the colonies to the southward (and the inhabitants of the parts of the northern colonies, which are less exposed to the incursions of _indians_) think themselves little concerned in interest, or in the consequences of the present war; yet if they would consider that the northern colonies are really their frontiers, and that they defend the others from all the calamities of a most barbarous war; the southern colonies must think that any contribution of men and money, which is expected from them, is an easy purchase of the freedom from such calamities, to which their brethren are subjected; and that while they can follow their occupations at ease, they are much better enabled to support the expence of a war than the northern colonies are, where the inhabitants are every day in danger of their lives from a cruel enemy, while at their daily and innocent labours. if the southern colonies neglect to keep the war at a distance from them, they may at an improper time, become sensible of the evils their brethren suffer, and of their own folly at the same time. _new-york, dec._ , . the party of seventy _indians_ and whites mentioned in this treaty, did not go out together as was at first intended, sickness and other incidents made it necessary to alter the measures at first proposed. one party of thirty _indians_ and ten whites went by themselves. these fell upon a _french_ settlement on the north-side of _st. lawrence_ river, about leagues above _montreal_, and brought away eight _french_ prisoners, one of them a captain of militia, and four scalps. another party of nine _indians_ went to the _cahnuagas_, under pretence of continuing the neutrality with them, they were introduced to the governor of _montreal_ under the same pretence, who made them presents: their design was to gain what intelligence they could, and after they had done this, they acted their part so well, that they received several letters, one from the governor of _montreal_, and others from considerable persons to the commandant of fort _st. frederic_ at _crown point_. in their way thither, by which they were to return home, they surprized some _french_ in a small fort, killed five, and brought away one prisoner and one scalp. they brought the _french_ prisoner and the letters to the commanding officer at _albany_, and informed him of what they had seen and heard at _montreal_. [illustration] [footnote : the governor of _canada_ calls the _six nations_ (and all the _indian_ nations depending on him) _children_, as the governor of _new-york_ calls them _brethren_.] [footnote : another settlement of deserters from the _six nations_, and dwelling near _montreal_.] [footnote : a _french_ fort opposite to _oswego_, and the east end of _cadarackui_ lake, or lake _frontenac_.] a c o l l e c t i o n o f c h a r t e r s a n d o t h e r p u b l i c k a c t s, r e l a t i n g t o t h e province of _pensylvania_, _v i z_. i. the r o y a l c h a r t e r to _w i l l i a m p e n n_, esq; ii. the first f r a m e of government, granted in _england_, in . iii. l a w s agreed upon in _england_. iv. certain c o n d i t i o n s or c o n c e s s i o n s. v. the a c t of s e t t l e m e n t, made at _chester_, . vi. the second f r a m e of government, granted . vii. the c h a r t e r of the c i t y of _p h i l a d e l p h i a_, granted _october_ , . viii. the new c h a r t e r of p r i v i l e g e s to the province, granted _october_ , . _the_ c h a r t e r of charles ii. _of_ england, scotland, france, _and_ ireland, k i n g, _defender of the faith_, &c. _unto_ william penn, _proprietary and governor of the province of_ pensylvania. _charles_, by the grace of g o d, king of _england, scotland, france_, and _ireland_, defender of the faith, &c. to all to whom these presents shall come, _greeting_. w h e r e a s our trusty and well-beloved subject _william penn_, esq; son and heir of sir _william penn_ deceased, (out of a commendable desire to enlarge our _english_ empire, and promote such useful commodities as may be of benefit to us and our dominions, as also to reduce the savage natives by gentle and just manners, to the love of civil society and the christian religion) hath humbly besought leave of us, to transport an ample colony unto a certain country herein after described, in the parts of _america_, not yet cultivated and planted; and hath likewise so humbly besought our royal majesty to give, grant, and confirm all the said country, with certain privileges and jurisdictions, requisite for the good government and safety of the said country and colony, to him and his heirs for ever. s e c t. i. k n o w y e t h e r e f o r e, that we (favouring the petition and good purpose of the said _william penn_, and having regard to the memory and merits of his late father in divers services, and particularly to his conduct, courage, and discretion under our dearest brother _j a m e s_ duke of _york_, in that signal battle and victory fought and obtained against the _dutch_ fleet, commanded by the heer _van opdam_, in the year : in consideration thereof, of our special grace, certain knowledge, and meer motion) have given and granted, and by this our present charter, for us, our heirs and successors, do give and grant unto the said _william penn_, his heirs and assigns, all that tract or part of land in _america_, with the islands therein contained, as the same is bounded on the east by _delawar_ river, from twelve miles distance northwards of _newcastle_ town unto the three and fortieth degree of northern latitude, if the said river doth extend so far northward: but if the said river shall not extend so far northward, then by the said river so far as it doth extend, and from the head of the said river the eastern bounds are to be determined by a meridian line, to be drawn from the head of the said river, unto the said forty-third degree. the said land to extend westward five degrees in longitude, to be computed from the said eastern bounds; and the said lands to be bounded on the north by the beginning of the three and fortieth degree of northern latitude, and on the south by a circle drawn at twelve miles distance from _newcastle_ northward, and westward unto the beginning of the fortieth degree of northern latitude, and then by a strait line westwards to the limits of longitude above-mentioned. s e c t. ii. w e do also give and grant unto the said _william penn_, his heirs and assigns, the free and undisturbed use and continuance in, and passage unto, and out of all and singular ports, harbours, bays, waters, rivers, isles, and inlets, belonging unto, or leading to and from the country or islands aforesaid, and all the soils, lands, fields, woods, underwoods, mountains, hills, fenns, isles, lakes, rivers, waters, rivulets, bays, and inlets, situated or being within, or belonging to the limits or bounds aforesaid, together with the fishing of all sorts of fish, whales, sturgeon, and all royal and other fishes, in the seas, bays, inlets, waters, or rivers within the premisses, and all the fish therein taken; and also all veins, mines, minerals, and quarries, as well discovered as not discovered, of gold, silver, gemms, and precious stones, and all other whatsoever, be it stones, metals, or of any other thing or matter whatsoever, found or to be found within the country, isles, or limits aforesaid. s e c t. iii. a n d him, the said _william penn_, his heirs and assigns, we do by this our royal charter, for us, our heirs and successors, make, create, and constitute, the true and absolute proprietary of the country aforesaid, and of all other the premisses: saving always to us, our heirs and successors, the faith and allegiance of the said _william penn_, his heirs and assigns, and of all other proprietaries, tenants, and inhabitants, that are or shall be within the territories and precincts aforesaid; and saving also, unto us, our heirs and successors, the sovereignty of the aforesaid country, to have, hold, possess, and enjoy the said tract of land, country, isles, inlets, and other the premisses, unto the said _william penn_, his heirs and assigns, to the only proper use and behoof of the said _william penn_, his heirs and assigns, for ever, to be holden of us, our heirs and successors, kings of _england_, as of our castle of _windsor_ in our county of _berks_, in free and common soccage, by fealty only for all services, and not in capite or by knights service: yielding and paying therefore to us, our heirs and successors, two beaver-skins, to be delivered at our castle of _windsor_ on the first day of _january_ in every year; and also the fifth part of all gold and silver oar, which shall from time to time happen to be found within the limits aforesaid, clear of all charges. and of our further grace, certain knowledge, and meer motion, we have thought fit to erect, and we do hereby erect the aforesaid country and islands into a province and seignorie, and do call it p e n s y l v a n i a, and so from henceforth will have it called. s e c t. iv. a n d forasmuch as we have hereby made and ordained the aforesaid _william penn_, his heirs and assigns, the true and absolute proprietaries of all the lands and dominions aforesaid, k n o w y e t h e r e f o r e, that we (reposing special trust and confidence in the fidelity, wisdom, justice, and provident circumspection of the said _william penn_) for us, our heirs and successors, do grant free, full, and absolute power (by virtue of these presents) to him and his heirs, to his and their deputies, and lieutenants for the good and happy government of the said country, to ordain, make, and enact, and under his and their seals to publish any laws whatsoever, for the raising of money for publick uses of the said province, or for any other end, appertaining either unto the publick state, peace, or safety of the said country, or unto the private utility of particular persons, according unto their best discretion, by and with the advice, assent, and approbation of the freemen of the said country, or the greater part of them, or of their delegates or deputies, whom for the enacting of the said laws, when, and as often as need shall require, we will that the said _william penn_ and his heirs, shall assemble in such sort and form, as to him and them shall seem best, and the same laws duly to execute, unto and upon all people within the said country and limits thereof. s e c t. v. a n d we do likewise give and grant unto the said _william penn_, and to his heirs, and their deputies and lieutenants, full power and authority, to appoint and establish any judges and justices, magistrates and other officers whatsoever, for what causes soever, (for the probates of wills, and for the granting of administrations within the precincts aforesaid) and with what power soever, and in such form, as to the said _william penn_ or his heirs, shall seem most convenient: also to remit, release, pardon, and abolish (whether before judgment or after) all crimes and offences whatsoever, committed within the said country, against the said laws, (treason and wilful and malicious murder only excepted, and in those cases to grant reprieves, until our pleasure may be known therein) and to do all and every other thing and things, which unto the compleat establishment of justice unto courts and tribunals, forms of judicature, and manner of proceedings do belong, although in these presents express mention be not made thereof; and by judges by them delegated, to award process, hold pleas, and determine in all the said courts and tribunals all actions, suits, and causes whatsoever, as well criminal as civil, personal, real, and mixt; which laws so, as aforesaid, to be published, our pleasure is, and so we enjoin, require, and command, shall be most absolute and available in law; and that all the liege people and subjects of us, our heirs and successors, do observe and keep the same inviolably in those parts, so far as they concern them, under the pain therein expressed, or to be expressed. p r o v i d e d nevertheless, that the same laws be consonant to reason, and not repugnant or contrary, but (as near as conveniently may be) agreeable to the laws and statutes, and rights of this our kingdom of _england_, and saving and reserving to us, our heirs and successors, the receiving, hearing, and determining of the appeal and appeals of all or any person or persons, of, in, or belonging to the territories aforesaid, or touching any judgment to be there made or given. s e c t. vi. a n d forasmuch as in the government of so great a country, sudden accidents do often happen, whereunto it will be necessary to apply remedy before the freeholders of the said province, or their delegates or deputies can be assembled to the making of laws; neither will it be convenient that instantly upon every such emergent occasion, so great a multitude should be called together: therefore (for the better government of the said country) we will, and ordain, and by these presents, for us, our heirs and successors, do grant unto the said _william penn_ and his heirs, by themselves, or by their magistrates and officers, in that behalf duly to be ordained as aforesaid, to make and constitute fit and wholesome ordinances, from time to time, within the said country to be kept and observed, as well for the preservation of the peace, as for the better government of the people there inhabiting; and publickly to notify the same to all persons, whom the same doth or may any ways concern. which ordinances our will and pleasure is, shall be observed inviolably within the said province, under the pains therein to be expressed, so as the said ordinances be consonant to reason, and be not repugnant nor contrary, but (so far as conveniently may be) agreeable with the laws of our kingdom of _england_, and so as the said ordinances be not extended in any sort to bind, change, or take away the right or interest of any person or persons, for or in their life, members, freehold, goods, or chattles. and our farther will and pleasure is, that the laws for regulating and governing of property within the said province, as well for the descent and enjoyment of lands, as likewise for the enjoyment and succession of goods and chattles, and likewise as to felonies, shall be and continue the same, as they shall be for the time being, by the general course of the law in our kingdom of _england_, until the said laws shall be altered by the said _william penn_, his heirs or assigns, and by the freemen of the said province, their delegates or deputies, or the greater part of them. s e c t. vii. a n d to the end that the said _william penn_, or his heirs, or other the planters, owners, or inhabitants of the said province, may not at any time hereafter (by misconstruction of the power aforesaid) through inadvertency or design, depart from that faith and due allegiance, which by the laws of this our realm of _england_, they and all our subjects, in our dominions and territories, always owe to us, our heirs and successors, by colour of any extent or largeness of powers hereby given, or pretended to be given, or by force or colour of any laws hereafter to be made in the said province, by virtue of any such powers; o u r farther will and pleasure is, that a transcript or duplicate of all laws, which shall be so as aforesaid made and published within the said province, shall within five years after the making thereof, be transmitted, and delivered to the privy council, for the time being of us, our heirs and successors: and if any of the said laws within the space of six months after that they shall be so transmitted and delivered, be declared by us, our heirs and successors, in our or their privy council, inconsistent with the sovereignty, or lawful prerogative of us, our heirs or successors, or contrary to the faith and allegiance due to the legal government of this realm, from the said _william penn_, or his heirs, or of the planters and inhabitants of the said province, and that thereupon any of the said laws shall be adjudged and declared to be void by us, our heirs and successors, under our or their privy seal, that then and from thenceforth, such laws, concerning which such judgment and declaration shall be made, shall become void: otherwise the said laws so transmitted, shall remain, and stand in full force, according to the true intent and meaning thereof. s e c t. viii. f u r t h e r m o r e, that this new colony may the more happily increase, by the multitude of people resorting thither; therefore we, for us, our heirs and successors, do give and grant by these presents, power, licence, and liberty unto all the liege people and subjects, both present and future, of us, our heirs and successors, (excepting those who shall be especially forbidden) to transport themselves and families unto the said country, with such convenient shipping as by the laws of this our kingdom of _england_ they ought to use, and with fitting provision, paying only the customs therefore due, and there to settle themselves, dwell and inhabit, and plant, for the publick, and their own private advantage. s e c t. ix. a n d f u r t h e r m o r e, that our subjects may be the rather encouraged to undertake this expedition with ready and chearful minds, k n o w y e, that we, of our special grace, certain knowledge, and mere motion, do give and grant by virtue of these presents, as well unto the said _william penn_, and his heirs, as to all others, who shall from time to time repair unto the said country, with a purpose to inhabit or trade with the natives of the said country, full licence to lade and freight in any ports whatsoever, of us, our heirs and successors, according to the laws made, or to be made within our kingdom of _england_, and unto the said country, by them, their servants or assigns, to transport all and singular their goods, wares and merchandizes, as likewise all sorts of grain whatsoever, and all other things whatsoever, necessary for food or clothing, not prohibited by the laws and statutes of our kingdom and dominions to be carried out of the said kingdom, without any let or molestation of us, our heirs or successors, or of any of the officers of us, our heirs or successors; saving always to us, our heirs and successors, the legal impositions, customs, or other duties and payments, for the said wares and merchandizes, by any law or statute due, or to be due to us, our heirs and successors. s e c t. x. a n d we do further, for us, our heirs and successors, give and grant unto the said _william penn_, his heirs and assigns, free and absolute power, to divide the said country and islands into towns, hundreds and counties, and to erect and incorporate towns into boroughs, and boroughs into cities, and to make and constitute fairs and markets therein, with all other convenient privileges and immunities, according to the merits of the inhabitants, and the fitness of the places, and to do all and every other thing and things touching the premises, which to him or them shall seem meet and requisite; albeit they be such, as of their own nature might otherwise require a more special commandment and warrant, than in these presents is expressed. s e c t. xi. w e will also, and by these presents, for us, our heirs and successors, we do give and grant licence by this our charter, unto the said _william penn_, his heirs and assigns, and to all the inhabitants and dwellers in the province aforesaid, both present and to come, to import or unlade, by themselves or their servants, factors, or assigns, all merchandizes and goods whatsoever, that shall arise of the fruits and commodities of the said province, either by land or sea, into any of the ports of us, our heirs or successors, in our kingdom of _england_, and not into any other country whatsoever: and we give him full power to dispose of the said goods, in the said ports; and if need be, within one year next after the unlading of the same, to lade the said merchandize and goods again into the same or other ships, and to transport the same into any other countries, either of our dominions or foreign, according to law; provided always, that they pay such customs and impositions, subsidies and duties for the same, to us, our heirs and successors, as the rest of our subjects of our kingdom of _england_, for the time being, shall be bound to pay, and do observe the acts of navigation, and other laws in that behalf made. s e c t. xii. a n d f u r t h e r m o r e, of our ample and special grace, certain knowledge, and mere motion, we do, for us, our heirs and successors, grant unto the said _william penn_, his heirs and assigns, full and absolute power and authority, to make, erect, and constitute, within the said province, and the isles and inlets aforesaid, such and so many sea-ports, harbours, creeks, havens, keys, and other places, for discharging and unlading of goods and merchandizes out of the ships, boats, and other vessels, and landing them unto such and so many places; and with such rights, jurisdictions, liberties and privileges unto the said ports belonging, as to him and them shall seem most expedient; and that all and singular the ships, boats, and other vessels, which shall come for merchandize and trade into the said province, or out of the same, shall be laden or unladen only at such ports as shall be created and constituted by the said _william penn_, his heirs or assigns, (any use, custom, or thing to the contrary notwithstanding.) provided, that the said _william penn_, and his heirs, and the lieutenants and governors for the time being, shall admit and receive in, and about all such havens, ports, creeks and keys, all officers and their deputies, who shall from time to time be appointed for that purpose by the farmers or commissioners of our customs for the time being. s e c t. xiii. a n d we do further appoint and ordain, and by these presents, for us, our heirs and successors, we do grant unto the said _william penn_, his heirs and assigns, that he, the said _william penn_, his heirs and assigns, may from time to time for ever, have and enjoy the customs and subsidies, in the ports, harbours, and other creeks and places aforesaid, within the province aforesaid, payable or due for merchandize and wares there to be laded and unladed, the said customs and subsidies to be reasonably assessed upon any occasion, by themselves and the people there as aforesaid to be assembled, to whom we give power by these presents, for us, our heirs and successors, upon just cause and due proportion to assess and impose the same; saving unto us, our heirs and successors, such impositions and customs, as by act of parliament are and shall be appointed. s e c t. xiv. a n d it is our farther will and pleasure, that the said _william penn_, his heirs and assigns, shall from time to time constitute and appoint an attorney or agent, to reside in or near our city of _london_, who shall make known the place where he shall dwell, or may be found, unto the clerks of our privy-council for the time being, or one of them, and shall be ready to appear in any of our courts at _westminster_, to answer for any misdemeanor that shall be committed, or by any wilful default or neglect permitted by the said _william penn_, his heirs or assigns, against the laws of trade and navigation; and after it shall be ascertained in any of our said courts, what damages we or our heirs or successors shall have sustained by such default or neglect, the said _william penn_, his heirs or assigns, shall pay the same within one year after such taxation, and demand thereof, from such attorney; or in case there shall be no such attorney by the space of one year, or such attorney shall not make payment of such damages within the space of a year, and answer such other forfeitures and penalties within the said time, as by the acts of parliament in _england_ are and shall be provided, according to the true intent and meaning of these presents; then it shall be lawful for us, our heirs and successors, to seize and resume the government of the said province or country, and the same to retain until payment shall be made thereof: but notwithstanding any such seizure or resumption of the government, nothing concerning the propriety or ownership of any lands, tenements, or other hereditaments, or goods or chattles, of any of the adventurers, planters, or owners, other than the respective offenders there, shall any ways be affected or molested thereby. s e c t. xv. p r o v i d e d always, and our will and pleasure is, that neither the said _william penn_, nor his heirs, or any other the inhabitants of the said province, shall at any time hereafter have or maintain any correspondence with any other king, prince, or state, or with any of their subjects, who shall then be in war against us, our heirs and successors; nor shall the said _william penn_, or his heirs, or any other inhabitants of the said province, make war, or do any act of hostility against any other king, prince, or state, or any of their subjects, who shall then be in league or amity with us, our heirs and successors. s e c t. xvi. a n d, because in so remote a country, and situate near many barbarous nations, the incursions as well of the savages themselves, as of other enemies, pirates and robbers, may probably be feared; therefore we have given, and for us, our heirs and successors, do give power by these presents to the said _william penn_, his heirs and assigns, by themselves or their captains, or other their officers, to levy, muster and train all sorts of men, of what condition soever, or wheresoever born, in the said province of _pensilvania_ for the time being, and to make war, and to pursue the enemies and robbers aforesaid, as well by sea as by land, even without the limits of the said province, and by god's assistance to vanquish and take them, and being taken to put them to death by the law of war, or to save them at their pleasure, and to do all and every other thing which unto the charge and office of a captain-general of an army belongeth, or hath accustomed to belong, as fully and freely as any captain-general of an army hath ever had the same. s e c t. xvii. a n d f u r t h e r m o r e, of our special grace, and of our certain knowledge and mere motion, we have given and granted, and by these presents, for us, our heirs and successors, do give and grant unto the said _william penn_, his heirs and assigns, full and absolute power, licence and authority, that he, the said _william penn_, his heirs and assigns, from time to time hereafter for ever, at his or their own will and pleasure may assign, alien, grant, demise, or enfeoff of the premisses so many and such parts and parcels to him that shall be willing to purchase the same, as they shall think fit, to have and to hold to them the said person and persons willing to take and purchase, their heirs and assigns, in fee-simple or fee-tail, or for the term of life, lives or years, to be held of the said _william penn_, his heirs or assigns, as of the said seigniory of _windsor_, by such services, customs, or rents, as shall seem meet to the said _william penn_, his heirs or assigns, and not immediately of us, our heirs or successors. s e c t. xviii. a n d to the same person or persons, and to all and every of them, we do give and grant by these presents, for us, our heirs and successors, licence, authority and power, that such person or persons may take the premisses, or any parcel thereof, of the aforesaid _william penn_, his heirs or assigns, and the same hold to themselves, their heirs and assigns, in what estate of inheritance soever, in fee-simple or in fee-tail, or otherwise, as to him, the said _william penn_, his heirs or assigns, shall seem expedient: the statute made in the parliament of _e d w a r d_, son of king _h e n r y_, late king of _england_, our predecessor, (commonly called _the statute_ quia emptores terrarum, lately published in our kingdom of _england_) in any wise notwithstanding. s e c t. xix. a n d by these presents we give and grant licence unto the said _william penn_, and his heirs, and likewise to all and every such person or persons to whom the said _william penn_, or his heirs, shall at any time hereafter grant any estate or inheritance as aforesaid, to erect any parcels of land within the province aforesaid into manors, by and with the licence to be first had and obtained for that purpose, under the hand and seal of the said _william penn_, or his heirs; and in every of the said manors to have and to hold a court-baron, with all things whatsoever which to a court-baron do belong, and to have and to hold view of frank-pledge for the conservation of the peace, and the better government of those parts, by themselves or their stewards, or by the lords for the time being of the manors to be deputed when they shall be erected, and in the same to use all things belonging to the view of frank-pledge. a n d we do further grant licence and authority, that every such person or persons who shall erect any such manor or manors, as aforesaid, shall or may grant all or any part of his said land to any person or persons, in fee-simple, or any other estate of inheritance to be held of the said manors respectively, so as no farther tenure shall be created, but that upon all further or other alienations thereafter to be made, the said lands so aliened shall be held of the same lord and his heirs, of whom the aliener did then before hold, and by the like rents and services which were before due and accustomed. s e c t. xx. a n d f u r t h e r our pleasure is, and by these presents, for us, our heirs and successors, we do covenant and grant to and with the said _william penn_, his heirs and assigns, that we, our heirs and successors, shall at no time hereafter set or make, or cause to be set or made, any imposition, custom, or other taxation, rate or contribution whatsoever, in and upon the dwellers and inhabitants of the aforesaid province, for their lands, tenements, goods or chattles within the said province, or in and upon any goods or merchandizes within the province, or to be laden or unladen within the ports or harbours of the said province, unless the same be with the consent of the proprietary, or chief governor, or assembly, or by act of parliament in _england_. s e c t. xxi. a n d our pleasure is, and for us, our heirs and successors, we charge and command, that this our declaration shall from henceforth from time to time be received and allowed in all our courts, and before all the judges of us, our heirs and successors, for a sufficient lawful discharge, payment and acquittance; commanding all the officers and ministers of us, our heirs and successors, and enjoining them upon pain of our highest displeasure, that they do not presume at any time to attempt any thing to the contrary of the premisses, or that do in any sort withstand the same, but that they be at all times aiding and assisting, as is fitting to the said _william penn_, and his heirs, and unto the inhabitants and merchants of the province aforesaid, their servants, ministers, factors, and assigns, in the full use and fruition of the benefit of this our charter. s e c t. xxii. a n d our farther pleasure is, and we do hereby, for us, our heirs and successors, charge and require, that if any of the inhabitants of the said province, to the number of twenty, shall at any time hereafter be desirous, and shall by any writing, or by any person deputed by them, signify such their desire to the bishop of _london_ for the time being, that any preacher or preachers, to be approved of by the said bishop, may be sent unto them for their instruction; that then such preacher or preachers shall and may reside within the said province, without any denial or molestation whatsoever. s e c t. xxiii. a n d if perchance hereafter any doubt or question should arise, concerning the true sense and meaning of any word, clause, or sentence contained in this our present charter, we will, ordain, and command, that at all times, and in all things, such interpretation be made thereof, and allowed in any of our courts whatsoever, as shall be adjudged most advantageous and favourable unto the said _william penn_, his heirs and assigns: provided always no interpretation be admitted thereof, by which the allegiance due unto us, our heirs and successors, may suffer any prejudice or diminution; although express mention be not made in these presents of the true yearly value, or certainty of the premisses, or any part thereof, or of other gifts and grants made by us and our progenitors or predecessors unto the said _william penn_: any statute, act, ordinance, provision, proclamation, or restraint heretofore had, made, published, ordained, or provided, or any other thing, cause or matter whatsoever, to the contrary thereof in any wise notwithstanding. i n w i t n e s s whereof we have caused these our letters to be made patent: witness o u r s e l f, at _westminster_, the _fourth_ day of _march_, in the _three and thirtieth_ year of our reign. _annoque domini one thousand six hundred and eighty-one_. _by writ of privy seal_, p i g o t t. * * * * * the f r a m e of the government of the province of _pensilvania_ in _america_: together with certain l a w s agreed upon in _england_. by the governor and divers freemen of the aforesaid province. to be further explained and continued there, by the first provincial council that shall he held, if they see meet. the p r e f a c e. _w h e n the great and wise g o d had made the world, of all his creatures it pleased him to chuse man his deputy to rule it; and to fit him for so great a charge and trust, he did not only qualify him with skill and power, but with integrity to use them justly. this native goodness was equally his honour and his happiness; and whilst he stood here, all went well; there was no need of coercive or compulsive means; the precept of divine love and truth in his bosom was the guide and keeper of his innocency. but lust prevailing against duty, made a lamentable breach upon it; and the law, that had before no power over him, took place upon him and his disobedient posterity, that such as would not live conformable to the holy law within, should fall under the reproof and correction of the just law without, in a judicial administration._ _t h i s the apostle teaches in divers of his epistles:_ the law (_says he_) was added because of transgression: _in another place_, knowing that the law was not made for the righteous man; but for the disobedient and ungodly, for sinners, for unholy and prophane, for murderers, for whoremongers, for them that defile themselves with mankind, and for men-stealers, for liars, for perjured persons, &c. _but this is not all, he opens and carries the matter of government a little further:_ let every soul be subject to the higher powers; for there is no power but of g o d. the powers that be are ordained of g o d: whosoever therefore resisteth the power, resisteth the ordinance of g o d. for rulers are not a terror to good works, but to evil: wilt thou then not be afraid of the power? do that which is good, and thou shalt have praise of the same.--he is the minister of g o d to thee for good.--wherefore ye must needs be subject, not only for wrath, but for conscience sake. _t h i s settles the divine right of government beyond exception, and that for two ends: first to terrify evil doers; secondly to cherish those that do well; which gives government a life beyond corruption, and makes it as durable in the word, as good men shall be. so that government seems to me a part of religion itself, a thing sacred in its institution and end. for if it does not directly remove the cause, it crushes the effects of evil, and is as such (though a lower yet) an emanation of the same divine power, that is both author and object of pure religion; the difference lying here, that the one is more free and mental, the other more corporal and compulsive in its operations: but that is only to evil doers; government itself being otherwise as capable of kindness, goodness, and charity, as a more private society. they weakly err, that think there is no other use of government than correction, which is the coarsest part of it: daily experience tells us, that the care and regulation of many other affairs, more soft and daily necessary, make up much the greatest part of government; and which must have followed the peopling of the world, had_ adam _never fell, and will continue among men on earth under the highest attainments they may arrive at, by the coming of the blessed_ second adam, _the l o r d from heaven. thus much of government in general, as to its rise and end._ _f o r particular_ frames _and_ models, _it will become me to say little; and comparatively i will say nothing. my reasons are:_ first, _that the age is too nice and difficult for it; there being nothing the wits of men are more busy and divided upon. 'tis true, they seem to agree in the end,_ to wit, _happiness; but in the means they differ, as to divine, so to this human felicity; and the cause is much the same, not always want of light and knowledge, but want of using them rightly. men side with their passions against their reason, and their sinister interests have so strong a biass upon their minds, that they lean to them against the good of the things they know._ secondly, _i do not find a model in the world, that time, place, and some singular emergencies have not necessarily altered; nor is it easy to frame a civil government, that shall serve all places alike._ thirdly, _i know what is said by the several admirers of_ monarchy, aristocracy, _and_ democracy, _which are the rule of one, a few, and many, and are the three common ideas of government, when men discourse on that subject. but i chuse to solve the controversy with this small distinction, and it belongs to all three:_ any government is free to the people under it (_whatever be the frame_) where the laws rule, and the people are a party to those laws; _and more than this is tyranny, oligarchy, or confusion_. _but_ lastly, _when all is said, there is hardly one frame of government in the world so ill designed by its first founders, that in good hands would not do well enough; and story tells us, the best in ill ones can do nothing that is great or good; witness the_ jewish _and_ roman _states. governments, like clocks, go from the motion men give them; and as governments are made and moved by men, so by them they are ruined too. wherefore governments rather depend upon men, than men upon governments. let men be good, and the government can't be bad; if it be ill, they will cure it. but if men be bad, let the government be never so good, they will endeavour to warp and spoil it to their turn._ _i know some say, let us have good laws, and no matter for the men that execute them: but let them consider, that though good laws do well, good men do better: for good laws may want good men, and be abolished or evaded by ill men; but good men will never want good laws, nor suffer ill ones. 'tis true, good laws have some awe upon ill ministers, but that is where they have no power to escape or abolish them, and the people are generally wise and good: but a loose and depraved people (which is to the question) love laws and an administration like themselves. that therefore which makes a good constitution, must keep it,_ viz. _men of wisdom and virtue, qualities, that because they descend not with worldly inheritances, must be carefully propagated by a virtuous education of youth; for which after-ages will owe more to the care and prudence of founders and the successive magistracy, than to their parents for their private patrimonies._ _these considerations of the weight of government, and the nice and various opinions about it, made it uneasy to me to think of publishing the ensuing frame and conditional laws, foreseeing, both the censures they will meet with from men of differing humours and engagements, and the occasion they may give of discourse beyond my design._ _but next to the power of necessity, (which is a solicitor that will take no denial) this induced me to a compliance, that we have (with reverence to g o d and good conscience to men) to the best of our skill, contrived and composed the_ f r a m e and l a w s of this government, _to the great end of all government_, viz. to support power in reverence with the people, and to secure the people from the abuse of power; _that they may be free by their just obedience, and the magistrates honourable for their just administration: for liberty without obedience is confusion, and obedience without liberty is slavery. to carry this evenness is partly owing to the constitution, and partly to the magistracy: where either of these fail, government will be subject to convulsions; but where both are wanting, it must be totally subverted: then where both meet, the government is like to endure. which i humbly pray, and hope_ g o d _will please to make the lot of this of_ pensilvania. _amen._ william penn. * * * * * _the_ f r a m e, &c. t o a l l p e o p l e, to whom these presents shall come. w h e r e a s king _c h a r l e s the second_, by his letters patents, under the great seal of _england_, for the consideration therein mentioned, hath been graciously pleased to give and grant unto me _william penn_ (by the name of _william penn_, esq; son and heir of sir _william penn_ deceased) and to my heirs and assigns for ever, all that tract of land, or province called _pensilvania_, in _america_, with divers great powers, preheminences, royalties. jurisdictions, and authorities, necessary for the well-being and government thereof: n o w k n o w y e, that for the well-being and government of the said province, and for the encouragement of all the freemen and planters that may be therein concerned, in pursuance of the powers afore-mentioned, i the said _william penn_ have declared, granted and confirmed, and by these presents, for me, my heirs and assigns, do declare, grant and confirm unto all the freemen, planters and adventurers, of, in and to the said province, these liberties, franchises, and properties, to be held, enjoyed and kept by the freemen, planters and inhabitants of the said province of _pensilvania_ for ever. i m p r i m i s. t h a t the government of this province shall, according the powers of the patent, consist of the governor and freemen of the said province, in form of a provincial council and general assembly, by whom all laws shall be made, officers chosen, and publick affairs transacted, as is hereafter respectively declared. _that is to say_, ii. t h a t the freemen of the said province shall on the twentieth day of the twelfth month, which shall be in this present year _one thousand six hundred eighty and two_, meet and assemble in some fit place, of which timely notice shall be beforehand given by the governor or his deputy, and then and there shall chuse out of themselves seventy-two persons of most note for their wisdom, virtue and ability, who shall meet on the tenth day of the first month next ensuing, and always be called and act as the provincial council of the said province. iii. t h a t at the first choice of such provincial council, one third part of the said provincial council shall be chosen to serve for three years then next ensuing, one third part for two years then next ensuing, and one third part for one year then next following such election, and no longer; and that the said third part shall go out accordingly: and on the twentieth day of the twelfth month as aforesaid, yearly for ever afterward, the freemen of the said province shall in like manner meet and assemble together, and then chuse twenty-four persons, being one third of the said number, to serve in provincial council for three years: it being intended, that one third part of the whole provincial council (always consisting, and to consist of seventy-two persons, as aforesaid) falling off yearly, it shall be yearly supplied by such new yearly elections, as aforesaid; and that no one person shall continue therein longer than three years: and in case any member shall decease before the last election during his time, that then at the next election ensuing his decease, another shall be chosen to supply his place for the remaining time he was to have served, and no longer. iv. t h a t after the first seven years, every one of the said third parts that goeth yearly off, shall be uncapable of being chosen again for one whole year following: that so all may be fitted for government, and have experience of the care and burden of it. v. t h a t the provincial council in all cases and matters of moment, as their arguing upon bills to be past into laws, erecting courts of justice, giving judgment upon criminals impeached, and choice of officers, in such manner as is herein after-mentioned; not less than two-thirds of the whole provincial council shall make a _quorum_; and that the consent not approbation of two-thirds of such _quorum_ shall be had in all such cases and matters of moment. and moreover, that in all cases and matters of lesser moment, twenty-four members of the said provincial council shall make a _quorum_, the majority of which twenty-four shall and may always determine in such cases and causes of lesser moment. vi. t h a t in this provincial council the governor, or his deputy, shall or may always preside, and have a treble voice; and the said provincial council shall always continue, and sit upon its own adjournments and committees. vii. t h a t the governor and provincial council shall prepare and propose to the general assembly hereafter mentioned, all bills, which they shall at any time think fit to be passed into laws within the said province; which bills shall be published and affixed to the most noted places in the inhabited parts thereof, thirty days before the meeting of the general assembly, in order to the passing them into laws, or rejecting of them, as the general assembly shall see meet. viii. t h a t the governor and provincial council shall take care, that all laws, statutes and ordinances, which shall at any time be made within the said province, be duly and diligently executed. ix. t h a t the governor and provincial council shall at all times have the care of the peace and safety of the province, and that nothing be by any person attempted to the subversion of this frame of government. x. t h a t the governor and provincial council shall at all times settle and order the situation of all cities, ports, and market-towns in every county, modelling therein all publick buildings, streets, and market-places, and shall appoint all necessary roads and highways in the province. xi. t h a t the governor and provincial council shall at all times have power to inspect the management of the publick treasury, and punish those who shall convert any part thereof to any other use, than what hath been agreed upon by the governor, provincial council, and general assembly. xii. t h a t the governor and provincial council shall erect and order all publick schools, and encourage and reward the authors of useful sciences and laudable inventions in the said province. xiii. t h a t for the better management of the powers and trust aforesaid, the provincial council shall from time to time divide itself into four distinct and proper committees, for the more easy administration of the affairs of the province, which divides the seventy-two into four eighteens, every one of which eighteens shall consist of six out of each of the three orders or yearly elections, each of which shall have a distinct portion of business, as followeth: _first_, a committee of plantations, to situate and settle cities, ports, and market-towns, and highways, and to hear and decide all suits and controversies relating to plantations. _secondly_, a committee of justice and safety, to secure the peace of the province, and punish the male-administration of those who subvert justice to the prejudice of the publick or private interest. _thirdly_, a committee of trade and treasury, who shall regulate all trade and commerce according to law, encourage manufacture and country-growth, and defray the publick charge of the province. and _fourthly_, a committee of manners, education, and arts, that all wicked and scandalous living may be prevented, and that youth may be successively trained up in virtue and useful knowledge and arts: the _quorum_ of each of which committees being six, _that is_, two out of each of the three orders or yearly elections, as aforesaid, make a constant and standing council of twenty-four, which will have the power of the provincial council, being the _quorum_ of it, in all cases not excepted in the fifth article; and in the said committees and standing council of the province, the governor or his deputy shall or may preside, as aforesaid; and in the absence of the governor or his deputy, if no one is by either of them appointed, the said committees or council shall appoint a president for that time, and not otherwise; and what shall be resolved at such committees, shall be reported to the said council of the province, and shall be by them resolved and confirmed before the same shall be put in execution; and that these respective committees shall not sit at one and the same time, except in cases of necessity. xiv. a n d, to the end that all laws prepared by the governor and provincial council aforesaid, may yet have the more full concurrence of the freemen of the province, it is declared, granted, and confirmed, that at the time and place or places for the choice of a provincial council as aforesaid, the said freemen shall yearly chuse members to serve in a general assembly as their representatives, not exceeding two hundred persons, who shall yearly meet from the twentieth day of the second month, which shall be in the year _one thousand six hundred eighty and three_ following, in the capital town or city of the said province, where during eight days the several members may freely confer with one another; and, if any of them see meet, with a committee of the provincial council (consisting of three out of each of the four committees aforesaid, being twelve in all) which shall be at that time, purposely appointed to receive from any of them proposals for the alterations or amendment of any of the said proposed and promulgated bills: and on the ninth day from their so meeting, the said general assembly, after reading over the proposed bills by the clerk of the provincial council, and the occasions and motives for them being opened by the governor or his deputy, shall give their affirmative or negative, which to them seemeth best, in such manner as herein after is express'd. but not less than two-thirds shall make a _quorum_ in the passing of laws, and choice of such officers as are by them to be chosen. xv. t h a t the laws so prepared and proposed as aforesaid, that are assented to by the general assembly, shall be enrolled as laws of the province, with this stile: _by the governor, with the assent and approbation of the freemen in provincial council and general assembly._ xvi. t h a t, for the better establishment of the government and laws of this province, and to the end there may be an universal satisfaction in the laying of the fundamentals thereof; the general assembly shall, or may for the first year, consist of all the freemen of and in the said province, and ever after it shall be yearly chosen as aforesaid; which number of two hundred shall be enlarged as the country shall encrease in people, so as it do not exceed five hundred at any time: the appointment and proportioning or which, as also the laying and methodizing of the choice of the provincial council and general assembly in future times, most equally to the divisions of the hundreds and counties, which the country shall hereafter be divided into, shall be in the power of the provincial council to propose, and the general assembly to resolve. xvii. t h a t the governor and the provincial council shall erect from time to time standing courts of justice, in such places and number as they shall judge convenient for the good government of the said province. and that the provincial council shall on the thirteenth day of the first month yearly, elect and present to the governor or his deputy, a double number of persons, to serve for judges, treasurers, masters of rolls, within the said province for the year next ensuing; and the freemen of the said province in the county-courts, when they shall be erected, and till then in the general assembly, shall on the three and twentieth day of the second month yearly, elect and present to the governor or his deputy, a double number of persons to serve for sheriffs, justices of the peace, and coroners, for the year next ensuing; out of which respective elections and presentments, the governor or his deputy shall nominate and commissionate the proper number for each office the third day after the said presentments; or else the first named in such presentment for each office, shall stand and serve for that office the year ensuing. xviii. b u t forasmuch as the present condition of the province requires some immediate settlement, and admits not of so quick a revolution of officers; and to the end the said province may, with all convenient speed, be well ordered and settled, i _william penn_ do therefore think fit to nominate and appoint such persons for judges, treasurers, masters of the rolls, sheriffs, justices of the peace, and coroners, as are most fitly qualified for those employments; to whom i shall make and grant commissions for the said officers, respectively, to hold to them to whom the same shall be granted, for so long time as every such person shall well behave himself in the office or place to him respectively granted, and no longer. and upon the decease or displacing of any of the said officers, the succeeding officer or officers shall be chosen as aforesaid. xix. t h a t the general assembly shall continue so long as may be needful to impeach criminals fit to be there impeached, to pass bills into laws that they shall think fit to pass into laws, and till such time as the governor and provincial council shall declare that they have nothing further to propose unto them for their assent and approbation: and that declaration shall be a dismiss to the general assembly for that time; which general assembly shall be notwithstanding capable of assembling together upon the summons of the provincial council, at any time during that year, if the said provincial council shall see occasion for their so assembling. xx. t h a t all the elections of members or representatives of the people to serve in provincial council and general assembly, and all questions to be determined by both or either of them, that relate to passing of bills into laws, to the choice of officers, to impeachments made by the general assembly, and judgment of criminals upon such impeachments by the provincial council, and to all other cases by them respectively judged of importance, shall be resolved and determined by the ballot; and unless on sudden and indispensible occasions, no business in provincial council, or its respective committees, shall be finally determined the same day that it is moved. xxi. t h a t at all times, when, and so often as it shall happen that the governor shall or may be an infant under the age of one and twenty years, and no guardians or commissioners are appointed in writing by the father of the said infant, or that such guardians or commissioners shall be deceased; that during such minority, the provincial council shall from time to time, as they shall see meet, constitute and appoint guardians or commissioners, not exceeding three; one of which three shall preside as deputy and chief guardian, during such minority, and shall have, and execute, with the consent of the other two, all the power of a governor, in all the publick affairs and concerns of the said province. xxii. t h a t as often as any day of the month mentioned in any article of this charter, shall fall upon the first day of the week, commonly called _the lord's day_, the business appointed for that day shall be deferred till the next day, unless in case of emergency. xxiii. t h a t no act, law, or ordinance whatsoever, shall at any time hereafter be made or done by the governor of this province, his heirs or assigns, or by the freemen in the provincial council, or the general assembly, to alter, change or diminish the form or effect of this charter, or any part or clause thereof, or contrary to the true intent and meaning thereof, without the consent of the governor, his heirs or assigns, and six parts of seven of the said freemen in provincial council and general assembly. xxiv. a n d l a s t l y, that i the said _william penn_, for myself, my heirs and assigns, have solemnly declared, granted, and confirmed, and do hereby solemnly declare, grant, and confirm, that neither i, my heirs nor assigns, shall procure or do any thing or things, whereby the liberties in this charter contained and expressed shall be infringed or broken; and if any thing be procured by any person or persons contrary to these premisses, it shall be held of no force or effect. i n w i t n e s s whereof, i the said _william penn_ have unto this present charter of liberties set my hand and broad seal, this _five and twentieth_ day of the second month, vulgarly called _april_, in the year of our l o r d _one thousand six hundred and eighty-two_. william penn. * * * * * l a w s _agreed upon in england_, &c. i. t h a t the charter of liberties, declared, granted, and confirmed the _five and twentieth_ day of the second month, called _april_, , before divers witnesses, by _william penn_, governor and chief proprietor of _pensilvania_, to all the freemen and planters of the said province; is hereby declared and approved, and shall be for ever held for fundamental in the government thereof, according to the limitations mentioned in the said charter. ii. t h a t every inhabitant in the said province, that is or shall be a purchaser of one hundred acres of land, or upwards, his heirs and assigns, and every person who shall have paid his passage, and taken up one hundred acres of land at one penny an acre, and have cultivated ten acres thereof; and every person that hath been a servant or bondsman, and is free by his service, that shall have taken up his fifty acres of land, and cultivated twenty thereof; and every inhabitant, artificer, or other resident in the said province, that pays scot and lot to the governments shall be deemed and accounted a freeman of the said province: and every such person shall and may be capable of electing, or being elected representatives of the people in provincial council or general assembly in the said province. iii. t h a t all elections of members, or representatives of the people and freemen of the province of _pensilvania_, to serve in provincial council or general assembly to be held within the said province, shall be free and voluntary: and that the elector, that shall receive any reward or gift, in meat, drink, monies, or otherwise, shall forfeit his right to elect; and such person as shall directly or indirectly give, promise, or bestow any such reward as aforesaid, to be elected, shall forfeit his election, and be thereby incapable to serve as aforesaid: and the provincial council and general assembly shall be the sole judges of the regularity or irregularity of the elections of their own respective members. iv. t h a t no money or goods shall be raised upon, or paid by any of the people of this province by way of publick tax, custom, or contribution, but by a law for that purpose made; and whosoever shall levy, collect, or pay any money or goods contrary thereunto, shall be held a publick enemy to the province, and a betrayer of the liberties of the people thereof. v. t h a t all courts shall be open, and justice shall neither be sold, denied, nor delayed. vi. t h a t in all courts, all persons of all persuasions may freely appear in their own way, and according to their own manner, and there personally plead their own cause themselves; or if unable, by their friend: and the first process shall be the exhibition of the complaint in court, fourteen days before the trial; and that the party complained against may be fitted for the same, he or she shall be summoned, no less than ten days before, and a copy of the complaint delivered him or her, at his or her dwelling-house. but before the complaint of any person be received, he shall solemnly declare in court, that he believes in his conscience his cause is just. vii. t h a t all pleadings, processes, and records in court shall be short, and in _english_, and in an ordinary and plain character, that they may be understood, and justice speedily administred. viii. t h a t all trials shall be by twelve men, and as near as may be, peers or equals, and of the neighbourhood, and men without just exception in cases of life, there shall be first twenty-four returned by the sheriffs for a grand inquest, of whom twelve at least shall find the complaint to be true; and then the twelve men, or peers, to be likewise returned by the sheriff, shall have the final judgment. but reasonable challenges shall be always admitted against the said twelve men, or any of them. ix. t h a t all fees in all cases shall be moderate, and settled by the provincial council and general assembly, and be hung up in a table in every respective court; and whosoever shall be convicted of taking more, shall pay two-fold, and be dismissed his employment, one moiety of which shall go to the party wronged. x. t h a t all prisons shall be work-houses for felons, vagrants, and loose and idle persons; whereof one shall be in every county. xi. t h a t all prisoners shall be bailable by sufficient sureties, unless for capital offences, where the proof is evident, or the presumption great. xii. t h a t all persons wrongfully imprisoned or prosecuted at law, shall have double damages against the informer or prosecutor. xiii. t h a t all prisons shall be free as to fees, food, and lodging. xiv. t h a t all lands and goods shall be liable to pay debts, except where there is legal issue, and then all the goods, and one third of the land only. xv. t h a t all wills in writing attested by two witnesses, shall be of the same force, as to lands, as other conveyances, being legally proved within forty days, either within or without the said province. xvi. t h a t seven years quiet possession shall give an unquestionable right, except in cases of infants, lunaticks, married women, or persons beyond the seas. xvii. t h a t all briberies and extortions whatsoever, shall be severely punished. xviii. t h a t all fines shall be moderate, and saving mens contenements, merchandize, or wainage. xix. t h a t all marriages (not forbidden by the law of god, as to nearness of blood and affinity by marriage) shall be encouraged; but the parents or guardians shall be first consulted, and the marriage shall be published before it be solemnized; and it shall be solemnized by taking one another as husband and wife, before credible witnesses, and a certificate of the whole, under the hands of parties and witnesses, shall be brought to the proper register of that county, and shall be registred in his office. xx. a n d to prevent frauds and vexatious suits within the said province, that all charters, gifts, grants, and conveyances of land, (except leases for a year or under) and all bills, bonds, and specialties above _five pounds_, and not under three months, made in the said province, shall be enrolled or registred in the publick enrolment-office of the said province, within the space of two months next after the making thereof, else to be void in law. and all deeds, grants, and conveyances of land (except as aforesaid) within the said province, and made out of the said province, shall be enrolled or registred as aforesaid, within six months next after the making thereof, and settling and constituting an enrolment-office or registry within the said province, else to be void in law against all persons whatsoever. xxi. t h a t all defacers or corrupters of charters, gifts, grants, bonds, bills, wills, contracts, and conveyances, or that shall deface or falsify any enrolment, registry or record within this province, shall make double satisfaction for the same; half whereof shall go to the party wronged, and they shall be dismissed of all places of trust, and be publickly disgraced as false men. xxii. t h a t there shall be a register for births, marriages, burials, wills, and letters of administration, distinct from the other registry. xxiii. t h a t there shall be a register for all servants, where their names, time, wages, and days of payment shall be registred. xxiv. t h a t all lands and goods of felons shall be liable to make satisfaction to the party wronged twice the value; and for want of lands or goods, the felons shall be bondmen to work in the common prison or work-house, or otherwise, till the party injured be satisfied. xxv. t h a t the estates of capital offenders, as traitors and murderers, shall go one third to the next of kin to the sufferer, and the remainder to the next of kin to the criminal. xxvi. t h a t all witnesses, coming or called to testify their knowledge in or to any matter or thing in any court, or before any lawful authority within the said province, shall there give or deliver in their evidence or testimony by solemnly promising to speak the truth, the whole truth, and nothing but the truth, to the matter or thing in question. and in case any person so called to evidence, shall be convicted of wilful falshood, such person shall suffer and undergo such damage or penalty, as the person or persons against whom he or she bore false witness, did or should undergo; and shall also make satisfaction to the party wronged, and be publickly exposed as a false witness, never to be credited in any court, or before any magistrate in the said province. xxvii. a n d to the end that all officers chosen to serve within this province, may with more care and diligence answer the trust reposed in them, it is agreed, that no such person shall enjoy more than one publick office at one time. xxviii. t h a t all children within this province of the age of twelve years, shall be taught some useful trade or skill, to the end none may be idle, but the poor may work to live, and the rich, if they become poor, may not want. xxix. t h a t servants be not kept longer than their time, and such as are careful, be both justly and kindly used in their service, and put in fitting equipage at the expiration thereof, according to custom. xxx. t h a t all scandalous and malicious reporters, backbiters, defamers, and spreaders of false news, whether against magistrates or private persons, shall be accordingly severely punished, as enemies to the peace and concord of this province. xxxi. t h a t for the encouragement of the planters and traders in this province, who are incorporated into a society, the patent granted to them by _william penn_, governor of the said province, is hereby ratified and confirmed. xxxii. ------------------------------------------------------------------------ ------------------------------------------------------------------------ ---------------------------------------------- xxxiii. t h a t all factors or correspondents in the said province, wronging their employers, shall make satisfaction and one third over, to their said employers: and in case of the death of any such factor or correspondent, the committee of trade shall take care to secure so much of the deceased party's estate, as belongs to his said respective employers. xxxiv. t h a t all treasurers, judges, masters of the rolls, sheriffs, justices of the peace, and other officers and persons whatsoever, relating to courts or trials of causes, or any other service in the government; and all members elected to serve in provincial council and general assembly, and all that have right to elect such members, shall be such as profess faith in jesus christ, and that are not convicted of ill fame, or unsober and dishonest conversation, and that are of _twenty-one_ years of age at least; and that all such so qualified, shall be capable of the said several employments and privileges as aforesaid. xxxv. t h a t all persons living in this province, who confess and acknowledge the one almighty and eternal god, to be the creator, upholder and ruler of the world; and that hold themselves obliged in conscience to live peaceably and justly in civil society, shall in no ways be molested or prejudiced for their religious persuasion or practice in matters of faith and worship, nor shall they be compell'd at any time to frequent or maintain any religious worship, place or ministry whatever. xxxvi. t h a t according to the good example of the primitive christians, and the ease of the creation, every _first_ day of the week, called the lord's day, people shall abstain from their common daily labour, that they may the better dispose themselves to worship god according to their understandings. xxxvii. t h a t as a careless and corrupt administration of justice draws the wrath of god upon magistrates, so the wildness and looseness of the people provoke the indignation of god against a country: therefore, that all such offences against god, as swearing, cursing, lying, prophane talking, drunkenness, drinking of healths, obscene words, incest, sodomy, rapes, whoredom, fornication, and other uncleanness (not to be repeated) all treasons, misprisions, murders, duels, felony, sedition, maims, forcible entries, and other violences, to the persons and estates of the inhabitants within this province. all prizes, stage-plays, cards, dice, maygames, gamesters, masques, revels, bull-baitings, cock-fightings, bear-baitings, and the like, which excite the people to rudeness, cruelty, looseness, and irreligion, shall be respectively discouraged and severely punish'd, according to the appointment of the governor and freemen in provincial council and general assembly; as also all proceedings contrary to these laws, that are not here made expresly penal. xxxviii. t h a t a copy of these laws shall be hung up in the provincial council, and in publick courts of justice: and that they shall be read yearly at the opening of every provincial council and general assembly, and court of justice; and their assent shall be testified, by their standing up after the reading thereof. xxxix. t h a t there shall be at no time any alteration of any of these laws, without the consent of the governor, his heirs or assigns, and six parts of seven of the freemen, met in provincial council and general assembly. xl. t h a t all other matters and things not herein provided for, which shall and may concern the publick justice, peace or safety of the said province; and the raising and imposing taxes, customs, duties, or other charges whatsoever, shall be and are hereby referred to the order, prudence and determination of the governor and freemen in provincial council and general assembly, to be held from time to time in the said province. _signed and sealed by the governor and freemen aforesaid, the_ fifth _day of the_ third _month, called_ may, _one thousand six hundred and eighty-two._ * * * * * _certain_ conditions or concessions _agreed upon by_ william penn, _proprietor and governor of the province of_ pensilvania, _and those who are the adventurers and purchasers in the same province, the_ eleventh _of_ july, _one thousand six hundred and eighty-one._ f i r s t. t h a t so soon as it pleaseth god, that the abovesaid persons arrive there, a certain quantity of land or ground plat, shall be laid out for a large town or city, in the most convenient place upon the river for health and navigation; and every purchaser and adventurer, shall by lot have so much land therein as will answer to the proportion which he hath bought or taken up upon rent: but it is to be noted, that the surveyors shall consider what roads or highways will be necessary to the cities, towns, or thro' the lands. great roads from city to city shall not contain less than _forty_ foot in breadth, and shall be first laid out and declared to be for highways, before the dividend of acres be laid out for the purchaser; and the like observation to be had for the streets in the towns and cities, that there may be convenient roads and streets preserved, not to be incroached upon by any planter or builder, that none may build irregularly to the damage of another. _in this, custom governs_. ii. t h a t the land in the town be laid out together after the proportion of _ten thousand_ acres of the whole country, that is, _two hundred_ acres if the place will bear it: however, that the proportion be by lot, and entire, so as those that desire to be together, especially those that are by the catalogue laid together, may be so laid together both in the town and country. iii. t h a t when the country-lots are laid out, every purchaser, from _one thousand_ to _ten thousand_ acres, or more, not to have above _one thousand_ acres together, unless in _three_ years they plant a family upon every _thousand_ acres; but that all such as purchase together, lie together; and is as many as comply with this condition, that the whole be laid out together. iv. t h a t where any number of purchasers, more or less, whose number of acres amounts to _five_ or _ten thousand_ acres, desire to sit together in a lot or township, they shall have their lot or township cast together, in such places as have convenient harbours or navigable rivers attending it, if such can be found; and in case any one or more purchasers plant not according to agreement in this concession, to the prejudice of others of the same township, upon complaint thereof made to the governor or his deputy, with assistance, they may award (if they see cause) that the complaining purchaser may, paying the survey-money, and purchase-money, and interest thereof, be entitled, inrolled and lawfully invested in the lands so not seated. v. t h a t the proportion of lands that shall be laid out in the first great town or city, for every purchaser, shall be after the proportion of _ten_ acres for every _five hundred_ acres purchased, if the place will allow it. vi. t h a t notwithstanding there be no mention made, in the several deeds made to the purchasers, yet the said _william penn_ does accord and declare, that all rivers, rivulets, woods and underwoods, waters, water-courses, quarries, mines and minerals (except mines royal) shall be freely and fully enjoyed, and wholly by the purchasers, into whose lot they fall. vii. t h a t for every _fifty_ acres that shall be allotted to a servant at the end of his service, his quit-rent shall be _two shillings per annum_, and the master or owner of the servant, when he shall take up the other _fifty_ acres, his quit-rent shall be _four shillings_ by the year, or if the master of the servant (by reason in the indentures he is so obliged to do) allot out to the servant _fifty_ acres in his own division, the said master shall have on demand allotted him, from the governor, the _one hundred_ acres at the chief rent of _six shillings per annum_. viii. a n d for the encouragement of such as are ingenious and willing to search out gold and silver mines in this province, it is hereby agreed, that they have liberty to bore and dig in any man's property, fully paying the damage done; and in case a discovery should be made, that the discoverer have one _fifth_, the owner of the soil (if not the discoverer) a _tenth_ part, the governor _two fifths_, and the rest to the publick treasury, saving to the king the share reserved by patent. ix. i n every _hundred thousand_ acres, the governor and proprietary, by lot, reserveth _ten_ to himself, what shall lie but in one place. x. t h a t every man shall be bound to plant or man so much of his share of land as shall be set out and surveyed, within _three_ years after it is so set out and surveyed, or else it shall be lawful for new comers to be settled thereupon, paying to them their survey-money, and they go up higher for their shares. xi. t h e r e shall be no buying and selling, be it with an _indian_, or one among another, of any goods to be exported, but what shall be performed in publick market, when such places shall be set apart or erected, where they shall pass the publick stamp or mark. if bad ware, and prized as good, or deceitful in proportion or weight, to forfeit the value as if good and full weight and proportion, to the publick treasury of the province, whether it be the merchandize of the _indian_, or that of the planters. xii. a n d f o r a s m u c h as it is usual with the planters, to over-reach the poor natives of the country in trade, by goods not being good of the kind, or debased with mixtures, with which they are sensibly aggrieved, it is agreed, whatever is sold to the _indians_, in consideration of their furs, shall be sold in the market-place, and there suffer the test, whether good or bad; if good, to pass; if not good, not to be sold for good, that the natives may not be abused nor provoked. xiii. t h a t no man shall by any ways or means, in word or deed, affront or wrong any _indian_, but he shall incur the same penalty of the law, as if he had committed it against his fellow-planter; and if any _indian_ shall abuse, in word or deed, any planter of this province, that he shall not be his own judge upon the _indian_, but he shall make his complaint to the governor of the province, or his lieutenant or deputy, or some inferior magistrate near him, who shall, to the utmost of his power, take care with the king of the said _indian_, that all reasonable satisfaction be made to the said injured planter. xiv. t h a t all differences between the planters and the natives, shall also be ended by _twelve_ men, that is, by _six_ planters and _six_ natives, that so we may live friendly together as much as in us lieth, preventing all occasions of heart-burnings and mischief. xv. t h a t the _indians_ shall have liberty to do all things relating to the improvement of their ground, and providing sustenance for their families, that any of the planters shall enjoy. xvi. t h a t the laws as to slanders, drunkenness, swearing, cursing, pride in apparel, trespasses, distresses, replevins, weights and measures, shall be the same as in _england_, till altered by law in this province. xvii. t h a t all shall mark their hogs, sheep and other cattle, and what are not marked within _three_ months after it is in their possession, be it young or old, it shall be forfeited to the governor, that so people may be compelled to avoid the occasions of much strife between planters. xviii. t h a t in clearing the ground, care be taken to leave one acre of trees for every _five_ acres clear'd, especially to preserve oak and mulberries for silk and shipping. xix. t h a t all ship-masters shall give an account of their countries, names, ships, owners, freights and passengers, to an officer to be appointed for that purpose, which shall be registred within _two_ days after their arrival; and if they shall refuse so to do, that then none presume to trade with them, upon forfeiture thereof; and that such masters be looked upon, as having an evil intention to the province. xx. t h a t no person leave the province, without publication being made thereof, in the market-place, _three_ weeks before, and a certificate from some justice of the peace, of his clearness with his neighbours, and those he hath dealt withal, so far as such an assurance can be attained and given: and if any master of a ship shall, contrary hereunto, receive and carry away any person, that hath not given that publick notice, the said master shall be liable to all debts owing by the said person, so secretly transported from the province. _lastly_, that these are to be added to, or corrected, by and with the consent of the parties hereunto subscribed. william penn; _sealed and delivered in the presence of_ william boelham, harbert springet, thomas prudyard. _sealed and delivered in the presence of all the proprietors who have hereunto subscribed, except_ thomas farrinborrough _and_ john goodson, _in the presence of_ hugh chamberlen, r. murray, harbert springet, humphry south, thomas barker, samuel jobson, john-joseph moore, william powel, richard davie, griffith jones, hugh lambe, thomas farrinborrough, john goodson. * * * * * _an_ a c t _of_ settlement, _made at_ chester, . w h e r e a s william penn, proprietary and governor of the province of _pensylvania_, and territories thereunto belonging, hath, out of his great kindness and goodness to the inhabitants thereof, been favourably pleased to give and grant unto them a charter of liberties and privileges, dated the _twenty-fifth_ day of the _second_ month, _one thousand six hundred and eighty-two_: by which charter it is said, the government shall consist of the governor and freemen of the said province, in the form of a provincial council and general assembly; and that the provincial council shall consist of _seventy-two_ members, to be chosen by the freemen; and that the general assembly may, the _first_ year, consist of the whole body of the freeholders, and ever after of an elected number, not exceeding _two hundred_ persons, without the consent of the provincial council and general assembly: and such assembly to sit yearly on the _twentieth_ day of the _third_ month, as in the _first, second, third, sixth, fourteenth_ and _sixteenth_ articles of the charter, reference being thereunto had, doth more at large appear. a n d f o r a s m u c h as this charter was the _first_ of those probationary laws, that were agreed to and made by and between the proprietary, and governor, and freemen in _england_, that were purchasers in this province, which said laws, in the whole and in every part thereof, were to be submitted to the explanation and confirmation of the _first_ provincial council and general assembly that was to be held in this province, as by the title and _first_ law of the said agreement, doth plainly appear. a n d w h e r e a s, the proprietary and governor hath, according to that charter, issued out writs to the respective sheriffs of the _six_ counties of this province, to summon the freemen thereof, to chuse in each county _twelve_ persons of most note for their sobriety, wisdom, and integrity, to serve in provincial council; and also to inform the freemen that they might come, for this time, in their own persons, to make up a general assembly, according to charter. and that the said respective sheriffs by their returns, and the freemen by their petitions to the proprietary and governor, have plainly declared, that the fewness of the people, their inability in estate, and unskilfulness in matters of government, will not permit them to serve in so large a council and assembly, as by the charter is expressed; and therefore do desire, that the members now chosen to be their deputies and representatives, may serve both for provincial council and general assembly; that is to say, _three_ out of each county for the provincial council, and the remaining _nine_ for the general assembly, according to act, as fully and amply as if the said provincial council and general assembly had consisted of the said numbers of members mentioned in the charter of liberties, upon consideration of the premises; and that the proprietary and governor may testify his great willingness to comply with that which may be most easy and pleasing, he is willing that it be enacted. a n d b e i t e n a c t e d by the proprietary and governor, by and with the unanimous advice and consent of the freemen of this province, and territories thereunto belonging, in provincial council and general assembly met, that the numbers desired by the inhabitants in their several petitions, and express'd to be their desires by the sheriffs returns to the proprietary and governor, to serve as the provincial council and general assembly, be allowed and taken, to all intents and purposes, to be the provincial council and general assembly of this province: and that the _quorum_ shall be proportionably settled, according to the method express'd in the _fifth_ article; that is to say, _two thirds_ to make a _quorum_ in extraordinary cases, and _one third_ in ordinary cases, as is provided in the said _fifth_ article: which said provincial council and general assembly, so already chosen, are and shall be held and reputed the legal provincial council and general assembly of the province and territories thereof, for this present year; and that from and after the expiration of this present year, the provincial council shall consist of _three_ persons out of each county, as aforesaid; and the assembly shall consist of _six_ persons out of each county, which said provincial council and general assembly may be hereafter enlarged, as the governor, and provincial council and assembly shall see cause, so as the said number do not, at any time, exceed the limitations express'd in the _third_ and _sixteenth_ article of the charter, any thing in this act, or any other act, charter or law, to the contrary in any wise notwithstanding. a n d because the freemen of this province and territories thereof, are deeply sensible of the kind and good intentions of the proprietary and governor in this charter, and of the singular benefit that redounds to them thereby, and are desirous that it may in all things best answer the design of the publick good, the freemen of the said provincial council and general assembly met, having unanimously requested some variations, explanations and additions, in and to the said charter, he the proprietary and governor, hath therefore yielded that it be enacted: a n d it is hereby e n a c t e d, that the time for the meeting of the freemen of this province and territories thereof, to chuse their deputies to represent and serve them, in provincial council and general assembly, shall be yearly hereafter, on the _tenth_ day of the _first_ month, which members so chosen for the provincial council, shall make their appearance, and give their attendance, in provincial council, within _twenty_ days after their election; and the said members elected to serve in general assembly, shall yearly meet and assemble, on the _tenth_ day of the said _third_ month, to the end and purposes declared in the charter, at and in such place as is limited in the said charter, unless the governor and provincial council shall, at any time, see cause to the contrary. a n d w h e r e a s it is express'd in the said charter, that the governor and provincial council shall prepare and propose to the general assembly, all bills which they shall think fit to pass into laws, within the said province: b e i t e n a c t e d by the authority aforesaid, that the governor and provincial council, shall have the power of preparing and proposing to the general assembly, all bills that they shall jointly assent to and think fit to have pass'd into laws, in the said province and territories thereof, that are not inconsistent with, but according to the powers granted by the king's letters patents to the proprietary and governor aforesaid; which bills shall be published in the most noted towns and places in the said province and territories thereof, _twenty_ days before the meeting of the general assembly aforesaid. a n d for the better decision and determination of all matters and questions upon elections of representatives, and debates in provincial council and general assembly, it is hereby declared and e n a c t e d, &c. that all questions upon elections of representatives, and debates in provincial council and general assembly, in personal matters, shall be decided by the ballot; and all questions about preparing and enacting laws, shall be determined by the vote. a n d that so united an interest may have an united term and stile to be express'd by, it is hereby declared and e n a c t e d, that the general assembly shall be henceforth termed or called the assembly; and the meeting of the governor, provincial council, and assembly, and their acts and proceedings, shall be stiled and called the meetings, sessions, acts _or_ proceedings _of the_ general assembly _of the province of_ pensilvania, _and the territories thereunto belonging_. and that the freemen of this province, and the territories thereof, may not on their part, seem unmindful or ungrateful to their proprietary and governor, for the testimony he hath been pleased to give, of his great good-will towards them and theirs, nor be wanting of that duty they owe to him and themselves, they have prayed leave hereby to declare their most hearty acceptance of the said charter, and their humble acknowledgments for the same, solemnly promising, that they will inviolably observe and keep the same, except as is therein excepted, and will neither directly nor indirectly contrive, propose, enact, or do any thing or things whatsoever, by virtue of the power thereby granted unto them, that shall or may redound to the prejudice or disadvantage of the proprietary and governor, his heirs and successors, in their just rights, properties and privileges, granted to him and them by the king's letters patents, and deeds of release and feoffment made to him by _j a m e s duke of_ york _and_ albany, &c. and whom they desire may be hereby acknowledged and recognized the true and rightful proprietaries and governors of the province of _pensylvania_, and territories annexed, according to the king's letters patents, and deeds of release and feoffment from _james_, duke of _york_ and _albany_, unto the said proprietary and governor, his heirs and successors; any thing in this act, or any other act, grant, charter, or law, to the contrary of these things herein and hereby explained, altered, limited, promised, declared, and enacted, in any wise notwithstanding. * * * * * _the f r a m e of the government of the province of_ pensylvania, _and territories thereunto annexed in_ america. t o a l l p e r s o n s, to whom these presents may come. w h e r e a s king _c h a r l e s the second_, by his letters patents, under the great seal of _england_, bearing date the _fourth_ day of _march_, in the _thirty and third_ year of the king, for divers considerations therein mentioned, hath been graciously pleased to give and grant unto me _william penn_ (by the name of _william penn_, esq; son and heir of sir _william penn_ deceased) and to my heirs and assigns for ever, all that tract of land, or province called _pensylvania_, in _america_, with divers great powers, preheminences, royalties, jurisdictions, and authorities, necessary for the well-being and government thereof. a n d w h e r e a s the king's dearest brother, _james_ duke of _york_ and _albany_, &c. by his deeds of feoffment, under his hand and seal, duly perfected, bearing date the _four and twentieth_ day of _august, one thousand six hundred eighty and two_, did grant unto me, my heirs and assigns, all that tract of land, lying and being from _twelve_ miles northward of _newcastle_ upon _delaware_ river, in _america_, to _cape hinlopen_, upon the said river and bay of _delaware_ southward, together with all royalties, franchises, duties, jurisdictions, liberties and privileges thereunto belonging. n o w k n o w y e, that for the well-being and good government of the said province and territories thereunto annexed, and for the encouragement of all the freemen and planters, that may be therein concerned, in pursuance of the rights and powers afore-mentioned, i the said _william penn_ have declared, granted and confirmed, and by these presents, for me, my heirs and assigns, do declare, grant and confirm unto all the freemen, planters and adventurers of, in and to the said province and territories thereof, these liberties, franchises and properties, so far as in me lieth, to be held, enjoyed and kept by the freemen, planters and adventurers of and in the said province of _pensylvania_ and territories thereunto annexed, for ever. i m p r i m i s. t h a t the government of this province and territories thereof shall, from time to time, according to the powers of the patent and deeds of feoffment aforesaid, consist of the proprietary and governor, and freemen of the said province and territories thereof, in form of provincial council and assembly, which provincial council shall consist of _eighteen_ persons, being _three_ out of each county, and which assembly shall consist of _thirty-six_ persons, being _six_ out of each county, men of most note for their virtue, wisdom and ability, by whom all laws shall be made, officers chosen, and publick affairs transacted, as is hereafter limited and declared. ii. t h e r e being _three_ persons already chosen for every respective county of this province and territories thereof, to serve in the provincial council, _one_ of them for _three_ years, _one_ for _two_ years, and _one_ for _one_ year; and _one_ of them being to go off yearly in every county; that on the _tenth_ day of the _first_ month yearly, for ever after, the freemen of the said province and territories thereof shall meet together in the most convenient place in every county of this province and territories thereof, then and there to chuse _one_ person, qualified as aforesaid, in every county, being _one third_ of the number to serve in provincial council, for _three_ years; it being intended, that _one third_ of the whole provincial council, consisting and to consist of _eighteen_ persons, falling off yearly, it shall be yearly supplied with such yearly elections, as aforesaid; and that _one_ person shall not continue in longer than _three_ years; and in case any member shall decease before the last election, during his time, that then at the next election ensuing his decease, another shall be chosen to supply his place for the remaining time he was to have served, and no longer. iii. t h a t after the _first seven_ years, every one of the said _third_ parts that goeth yearly off, shall be incapable of being chosen again for one whole year following, that so all that are capable and qualified as aforesaid, may be fitted for government, and have a share of the care and burthen of it. iv. t h a t the provincial council in all cases and matters of moment, as their arguing upon bills to be passed into laws, or proceedings about erecting of courts of justice, sitting in judgment upon criminals impeached, and choice of officers in such manner as is herein after expressed, not less than _two thirds_ of the whole shall make a _quorum_; and that the consent and approbation of _two thirds_ of that _quorum_ shall be had in all such cases or matters of moment: and that in all cases and matters of lesser moment, _one third_ of the whole shall make a _quorum_, the majority of which shall and may always determine in such cases and causes of lesser moment. v. t h a t the governor and provincial council, shall have the power of preparing and proposing to the assembly hereafter mentioned, all bills which they shall see needful, and that shall at any time be past into laws within the said province and territories thereof, which bills shall be published and affixed to the most noted place in every county of this province and territories thereof, _twenty_ days before the meeting of the assembly, in order to passing them into laws. vi. t h a t the governor and provincial council shall take care, that all laws, statutes, and ordinances, which shall at any time be made within the said province and territories, be duly and diligently executed. vii. t h a t the governor and provincial council shall, at all times, have the care of the peace and safety of this province and territories thereof; and that nothing be by any person attempted to the subversion of this frame of government. viii. t h a t the governor and provincial council shall, at all times, settle and order the situation of all cities and market-towns in every county, modelling therein all publick buildings, streets, and market-places; and shall appoint all necessary roads and highways in this province and territories thereof. ix. t h a t the governor and provincial council shall, at all times, have power to inspect the management of the publick treasury, and punish those who shall convert any part thereof to any other use, than what hath been agreed upon by the governor, provincial council, and assembly. x. t h a t the governor and provincial council, shall erect and order all publick schools, and encourage and reward the authors of useful sciences and laudable inventions, in the said province and territories thereof. xi. t h a t _one third_ of the provincial council residing with the governor, shall with the governor, from time to time, have the care of the management of all publick affairs, relating to the peace, justice, treasury, and improvement of the province and territories, and to the good education of youth, and sobriety of the manners of the inhabitants therein, as aforesaid. xii. t h a t the governor or his deputy, shall always preside in the provincial council, and that he shall at no time therein perform any publick act of state whatsoever, that shall or may relate unto the justice, trade, treasury, or safety of the province and territories aforesaid, but by and with the advice and consent of the provincial council thereof. xiii. a n d to the end that all bills prepared and agreed by the governor and provincial council, as aforesaid, may yet have the more full concurrence of the freemen of the province and territories thereof, it is declared, granted and confirmed, that at the time and place in every county, for the choice of _one_ person to serve in provincial council, as aforesaid, the respective members thereof, at their said meeting, shall yearly chuse out of themselves _six_ persons of most note, for virtue, wisdom, and ability, to serve in assembly, as their representatives, who shall yearly meet on the _tenth_ day of the _third_ month, in the capital town or city of the said province, unless the governor and provincial council shall think fit to appoint another place to meet in, where, during _eight_ days, the several members may confer freely with one another; and if any of them see meet, with a committe of the provincial council, which shall be at that time purposely appointed, to receive from any of them, proposals for the alterations or amendment of any of the said proposed and promulgated bills; and on the _ninth_ day from their so meeting, the said assembly, after their reading over of the proposed bills, by the clerk of the provincial council, and the occasions and motives for them being opened by the governor or his deputy, shall, upon the question by him put, give their affirmative or negative, which to them seemeth best, in such manner as is hereafter expressed: but not less than _two thirds_ shall make a _quorum_ in the passing of all bills into laws, and choice of such officers as are by them to be chosen. xiv. t h a t the laws so prepared and proposed as aforesaid, that are assented to by the assembly, shall be enrolled as laws of this province and territories thereof, with this stile, _by the governor, with the assent and approbation of the freemen in provincial council and assembly met_; and from henceforth, the meetings, sessions, acts, and proceedings of the governor, provincial council and assembly, shall be stiled and called, _the meeting, sessions, and proceedings, of the general assembly of the province of_ pensylvania, _and the territories thereunto belonging_. xv. a n d that the representatives of the people in provincial council and assembly, may in after ages bear some proportion with the increase and multiplying of the people, the number of such representatives of the people, may be from time to time increased and enlarged, so as at no time the number exceed _seventy-two_ for the provincial council, and _two hundred_ for the assembly; the appointment and proportion of which number, as also the laying and methodizing of the choice of such representatives in future time, most equally to the division of the country, or number of the inhabitants, is left to the governor and provincial council to propose, and the assembly to resolve, so that the order of proportion be strictly observed, both in the choice of the council and the respective committees thereof, _viz. one third_ to go off and come in yearly. xvi. t h a t from and after the death of this present governor, the provincial council shall, together with the succeeding governor, erect from time to time, standing courts of justice, in such places and number, as they shall judge convenient for the good government of the said province and territories thereof; and that the provincial council shall, on the _thirteenth_ day of the _second_ month then next ensuing, elect and present to the governor or his deputy, a double number of persons, to serve for judges, treasurers, and masters of the rolls, within the said province and territories, to continue so long as they shall well behave themselves in those capacities respectively; and the freemen of the said province, in an assembly met on the _thirteenth_ day of the _third_ month, yearly, shall elect and then present to the governor or his deputy, a double number of persons to serve for sheriffs, justices of the peace and coroners, for the year next ensuing; out of which respective elections and presentments, the governor or his deputy, shall nominate and commissionate the proper number for each office, the _third_ day after the said respective presentments; or else the _first_ named in such presentment for each office as aforesaid, shall stand and serve in that office, the time before respectively limited; and in case of death or default, such vacancy shall be supplied by the governor and provincial council in manner aforesaid. xvii. t h a t the assembly shall continue so long as may be needful, to impeach criminals fit to be there impeached, to pass such bills into laws as are proposed to them, which they shall think fit to pass into laws; and till such time as the governor and provincial council shall declare, _that they have nothing further to propose unto them for their assent and approbation_; and that declaration shall be a dismiss to the assembly for that time; which assembly shall be notwithstanding, capable of assembling together, upon the summons of the governor and provincial council, at any time during that year, if the governor and provincial council shall see occasion for their so assembling. xviii. t h a t all the elections of members or representatives of the people to serve in provincial council and assembly, and all questions to be determined by both or either of them, that relate to choice of officers, and all or any other personal matters, shall be resolved or determined by the _ballot_; and all things relating to the preparing and passing of bills into laws, shall be openly declared and resolved by the _vote_. xix. t h a t at all times when the proprietary and governor shall happen to be an infant, and under the age of _one and twenty_ years, and no guardians or commissioners are appointed in writing, by the father of the said infant, or that such guardian shall be deceased, that during such minority, the provincial council shall, from time to time, as they shall see meet, constitute and appoint guardians and commissioners not exceeding _three_, one of which shall preside as deputy and chief guardian during such minority, and shall have and execute, with the consent of one of the other two, all the power of a governor in all publick affairs and concerns of the said province and territories thereof, according to charter; which said guardian so appointed, shall also have the care and oversight of the estate of the said minor, and be yearly accountable and responsible for the same to the provincial council, and the provincial council to the minor, when of age, or to the next heir, in case of the minor's death, for the trust before expressed. xx. t h a t as often as any days of the month mentioned in any article of this charter, shall fall upon the _first_ day of the week, commonly called the _lord's-day_, the business appointed for that day, shall be deferred until the next day, unless in cases of emergency. xxi. a n d for the satisfaction and encouragement of all aliens, i do give and grant, that if any alien, who is or shall be a purchaser, or who doth or shall inhabit in this province or territories thereof, shall decease at any time before he can well be naturalized, his right and interest therein, shall notwithstanding descend to his wife and children, or other his relations, be he testate or intestate, according to the laws of this province and territories thereof in such cases provided, in as free and ample manner, to all intents and purposes, as if the said alien had been naturalized. xxii. a n d that the inhabitants of this province and territories thereof, may be accommodated with such food and sustenance, as god in his providence hath freely afforded, i do also further grant to the inhabitants of this province and territories thereof, liberty to fowl and hunt upon the lands they hold, and all other lands therein not enclosed; and to fish in all waters in the said lands, and in all rivers and rivulets in and belonging to this province and territories thereof, with liberty to draw his or their fish on shore on any man's lands, so as it be not to the detriment or annoyance of the owner thereof, except such lands as do lie upon inland rivulets that are not boatable, or which are or may be hereafter erected into manors. xxiii. a n d that all the inhabitants of this province and territories thereof, whether purchasers or others, may have the last worldly pledge of my good and kind intentions to them and theirs, i do give, grant, and confirm to all, and every one of them, full and quiet possession of their respective lands, to which they have any lawful or equitable claim, saving only such rents and services for the same as are or customarily ought to be reserved to me, my heirs or assigns. xxiv. t h a t no act, law or ordinance whatsoever, shall at any time hereafter be made or done by the proprietary and governor of this province and territories thereunto belonging, his heirs or assigns, or by the freemen in provincial council or assembly, to alter, change, or diminish, the form or effect of this charter, or any part or clause thereof, contrary to the true intent and meaning thereof, without the consent of the proprietary and governor, his heirs or assigns, and _six_ parts of _seven_ of the said freemen in provincial council and assembly met. xxv. a n d l a s t l y, i the said _william penn_, proprietary and governor of the province of _pensylvania_ and territories thereunto belonging, for me, my heirs and assigns, have solemnly declared, granted and confirmed, and do hereby solemnly declare, grant and confirm, that neither i, nor my heirs nor assigns, shall procure or do any thing or things, whereby the liberties in this charter contained and expressed, shall be infringed or broken: and if any thing be procured by any person or persons, contrary to these premises, it shall be held of no force or effect. i n w i t n e s s whereof, i the said _william penn_, at _philadelphia_ in _pensylvania_, have unto this present charter of liberties set my hand and broad seal, this _second_ day of the _second_ month, in the year of our lord _one thousand six hundred eighty and three_, being the _five and thirtieth_ year of the king, and the _third_ year of my government. _w i l l i a m p e n n_. _t h i s within_ c h a r t e r, _which we have distinctly heard read and thankfully received_, _shall be by us inviolably kept_; _at_ philadelphia, _the_ second day _of the_ second _month_, one thousand six hundred eighty and three. the members of the provincial council present. _william markham_, _john moll_, _william haige_, _christopher taylor_, _john simcock_, _william clayton_, _francis whittwel_, _thomas holme_, _william clark_, _william biles_, _james harrison_, _john richardson_, _philip-thomas lenman_, secr. gov. _richard ingelo,_ cl. coun. the members of the assembly present. _casparus harman_, _john darby_, _benjamin williams_, _william guest_, _valentine hollingsworth_, _james boyden_, _bennony bishop_, _john beazor_, _john harding_, _andrews bringston_, _simon irons_, _john wood_, _john curtis_, _daniel brown_, _william futcher_, _john kipshaven_, _alexander molestine_, _robert bracy_, sen. _thomas bracy_, _william yardly_, _john hastings_, _robert wade_, _thomas hassald_, _john hart_, _robert hall_, _robert bedwell_, _william simsmore_, _samuel darke_, _robert lucas_, _james williams_, _john blunston_, _john songhurst_, _john hill_, _nicholas waln_, _thomas fitzwater_, _john clows_, _luke watson_, _joseph phipps_, _dennis rotchford_, _john brinklair_, _henry bowman_, _cornelius verhoofe_, _john southworth_, cl. of the synod. some of the inhabitants of philadelphia present. _william howel_, _edmund warner_, _henry lewis_, _samuel miles_. * * * * * _the_ c h a r t e r _of the city of_ p h i l a d e l p h i a. _w i l l i a m p e n n_, proprietary and governor of the province of _pensylvania_, &c. to all to whom these presents shall come, sends greeting. k n o w y e, that at the humble request of the inhabitants and settlers of this town of _philadelphia_, being some of the first adventurers and purchasers within this province, for their encouragement, and for the more immediate and entire government of the said town, and better regulation of trade therein: i have by virtue of the king's letters patent, under the great seal of _england_, erected the said town into a borough, and by these presents do erect the said town and borough of _philadelphia_ into a c i t y; which said city shall extend the limits and bounds, as it is laid out between _delaware_ and _skuylkill_. a n d i do for me, my heirs and assigns, grant and ordain, that the streets of the said city, shall for ever continue as they are now laid out and regulated; and that the end of each street extending into the river _delaware_, shall be and continue free for the use and service of the said city, and the inhabitants thereof, who may improve the same for the best advantage of the city, and build wharfs so far out into the river there, as the mayor, aldermen, and common-council, herein after mentioned, shall see meet. a n d i do nominate _edward shippen_ to be the present mayor, who shall so continue until another be chosen, as is herein after directed. a n d i do hereby assign and name _thomas story_ to be present recorder, to do and execute all things which unto the office of recorder of the said city doth or may belong. a n d i do appoint _thomas farmer_ to be the present sheriff, and _robert assheton_ to be the present town-clerk, and clerk of the peace, and clerk of the court and courts. a n d i do hereby name, constitute, and appoint, _joshua carpenter, griffith jones, anthony morris, joseph wilcox, nathan stanbury, charles read, thomas masters_, and _william carter_, citizens and inhabitants of the said city, to be the present aldermen of the said city of _philadelphia_. a n d i do also nominate and appoint _john parsons, william hudson, william lee, nehemiah allen, thomas paschal, john bud_, jun., _edward smout, samuel buckley, james atkinson, pentecost teague, francis cook_, and _henry badcocke_, to be the _twelve_ present common-council men of the said city. a n d i do by these presents, for me, my heirs and successors, give, grant and declare, that the said mayor, recorder, aldermen, and common-council men for the time being, and they which hereafter shall be mayor, recorder, aldermen and common-council men within the said city, and their successors, for ever hereafter be and shall be, by virtue of these presents, one body corporate and politick in deed, and by the name of the mayor and commonalty of the city of _philadelphia_, in the province of _pensylvania_: and them by the name of mayor and commonalty of the city of _philadelphia_, one body politick and corporate in deed and in name, i do for me, my heirs and successors, fully create, constitute and confirm, by these presents; and that by the same name of mayor and commonalty of the city of _philadelphia_, they may have perpetual succession; and that they and their successors, by the name of mayor and commonalty of the city of _philadelphia_, be and at all times hereafter shall be persons able and capable in law, to have, get, receive, and possess, lands and tenements, rents, liberties, jurisdictions, franchises and hereditaments, to them and their successors in fee-simple, or for term of life, lives, years, or otherwise; and also goods, chattels, and other things, of what nature, kind, or quality soever. a n d also to give, grant, let, sell and assign the same lands, tenements, hereditaments, goods, chattels, and to do and execute all other things about the same, by the name aforesaid; and also that they be and shall be for ever hereafter persons able and capable in law, to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended, in all or any the courts and other places, and before any judges, justices, and other persons whatsoever within the said province, in all manner of actions, suits, complaints, pleas, causes and matters whatsoever, and of what nature or kind soever. a n d that it shall and may be lawful to and for the said mayor and commonalty of the said city of _philadelphia_, and their successors, for ever hereafter, to have and use one common seal for the sealing of all businesses touching the said corporation, and the same from time to time at their will and pleasure to change or alter. a n d i do for me, my heirs and successors, give, and by these presents, grant full power and authority unto the mayor, recorder and common-council of the said city of _philadelphia_, or any _five_ or more of the aldermen, and _nine_ or more of the common-council men, the mayor and recorder for the time being, or either of them, being present, on the _first third_ day of the week, in the _eighth_ month yearly for ever hereafter, publickly to meet at a convenient room or place within the said city, to be by them appointed for that purpose, and then and there nominate, elect and chuse one of the aldermen to be mayor for that ensuing year. a n d also to add to the number of aldermen and common-council men, such and so many of those, that by virtue of these presents shall be admitted freemen of the said city from time to time, as they the said mayor, aldermen and common-council shall see occasion. a n d that such person who shall be so elected mayor aforesaid, shall within _three_ days next after such election, be presented before the governor of this province, or his deputy for the time being, and there shall subscribe the declarations and profession of his christian belief, according to the late act of parliament made in the _first_ year of king _william_'s reign, entitled, _an act for exempting their majesties subjects dissenting from the church of_ england, _from the penalties of certain laws_; and then and there the mayor so presented, shall make his solemn affirmation and engagement for the due execution of his office. a n d that the recorder, sheriff, aldermen, and common-council men, and all other officers of the said city, before they or any of them shall be admitted to execute their respective offices, shall make and subscribe the said declarations and profession aforesaid, before the mayor for the time being, and at the same time shall be attested for the due execution of their offices respectively; which declarations, promises and attestations, the mayor of the said city for the time being, is hereby impowered to take and administer accordingly. a n d that the mayor, recorder and aldermen of the said city, for the time being, shall be justices of the peace and justices of oyer and terminer; and are hereby impowered to act within the said city and liberties thereof accordingly, as fully and amply as any justice or justices of the peace or oyer and terminer, can or may do within the said province. a n d that they or any _four_ or more of them (whereof the mayor and recorder of the said city for the time being, shall be _two_) shall and may for ever hereafter have power and authority, by virtue of these presents, to hear and enquire into all and all manner of treasons, murthers, manslaughters, and all manner of felonies and other crimes and offences, capital and criminal, whatsoever, according to the laws of this province and of the kingdom of _england_, with power also to hear and determine all petty larcenies, routs, riots, unlawful assemblies; and to try and punish all persons that shall be convicted for drunkenness, swearing, scolding, breaking the peace, or such like offences, which are by the laws of this province to be punished by fine, imprisonment or whipping; with power also to award process against all rioters and breakers of the peace, and to bind them, and all other offenders and persons of evil fame, to the peace or good behaviour, as any justice or justices of the peace can do, without being accountable to me or my heirs, for any fines or amerciaments to be imposed for the said offences or any of them. a n d i do hereby impower them or any _four_ of them (whereof the mayor and recorder for the time being, shall be _two_) with the city sheriff and town-clerk, to hold and keep a court of record, quarterly, or oftener, if they see occasion, for the enquiring, hearing and determining of the pleas and matters aforesaid; and upon their own view, or after a legal procedure in some of those courts, to cause all nuisances and encroachments in the streets of the said city to be removed, and punish the parties concerned, as the law and usage in such cases shall require. a n d i do by these presents assign and appoint, that the present mayor, recorder, and aldermen herein before-mentioned, be the present justices of the peace, and oyer and terminer, within the said city; and that they and all others that shall be mayors, recorders and aldermen of the said city for the time being, shall have full power and authority, and are hereby impowered and authorized, without any further or other commission, to be justices of the peace, and of oyer and terminer, within the said city for ever; and shall also be justices of the peace, and the mayor and recorder shall be of the _quorum_ of the justices of the county courts, quarter-sessions, oyer and terminer, and goal delivery, in the said county of _philadelphia_; and shall have full power to award process, bind to the peace or behaviour, or commit to prison, for any matter or cause, arising without the said city and within the body of the aforesaid county, as occasion shall require; and to cause kalendars to be made of such prisoners, which, together with all recognizances and examinations taken before them, for or concerning any matter or cause not determinable by them, shall be duly returned to the judges or justices of the said county, in their respective courts where the same shall be cognizable. a n d that it may be lawful to and for the said mayor and commonalty and their successors, when they see occasion, to erect a goal or prison and court-house within the said city. a n d that the mayor and recorder for the time being, shall have, and by these presents have power to take recognizance of debts there, according to the statute of merchants, and of action burnel; and to use and affix the common seal thereupon, and to all certificates concerning the same. a n d that it may be lawful to and for the mayor of the said city, for the time being, for ever hereafter to nominate, and from time to time appoint the clerk of the market, who shall have assize of bread, wine, beer, wood, and other things; and to do, execute and perform all things belonging to the clerk of the market within the said city. a n d i will that the coroners to be chosen by the county of _philadelphia_ for the time being, shall be coroners of the said city and liberties thereof; but that the freemen and inhabitants of the said city shall from time to time, as often as occasion be, have equal liberty with the inhabitants of the said county, to recommend or chuse persons to serve in the respective capacities of coroners and sheriffs for the county of _philadelphia_, who shall reside within the said city. a n d that the sheriff of the said city and county for the time being, shall be the water-bailiff, who shall and may execute and perform all things belonging to the officer of water-bailiff, upon _delaware_ river, and all other navigable rivers and creeks within the said province. a n d in case the mayor of the said city for the time being, shall, during the time of his mayoralty, misbehave himself or misgovern in that office, i do hereby impower the recorder, aldermen and common-council men, or _five_ of the aldermen and _nine_ of the common-council men of the said city of _philadelphia_, for the time being, to remove such mayor from his office of mayoralty; and in such case, or in case of the death of the said mayor for the time being, that then another fit person shall, within _four_ days next after such death or removal, be chosen in manner as is above directed for electing of mayors, in the place of him so dead or removed. a n d lest there should be a failure of justice or government in the said city, in such interval, i do hereby appoint, that the eldest alderman for the time being, shall take upon him the office of a mayor there, and shall exercise the same till another mayor be chosen as aforesaid; and in case of the disability of such eldest alderman, then the next in seniority, shall take upon him the said office of mayor, to exercise the same as aforesaid. a n d in case the recorder, or any of the aldermen or common-council men of or belonging to the said city, for the time being, shall misbehave him or themselves in their respective offices and places, they shall be removed and others chosen in their stead, in manner following, _that is to say_, the recorder for the time being, may be removed (for his misbehaviour) by the mayor, and _two thirds_ of the aldermen and common-council men respectively; and in case of such removal or of the death of the recorder, then to chuse another fit person skilled in the law, to be the recorder there, and so to continue during pleasure as aforesaid. a n d the alderman so misbehaving himself, may be removed by the mayor, recorder and _nine_ of the aldermen and common-council men; and in case of such removal or death, then within _four_ days after, to chuse a fit person or persons to supply such vacancies; and the common-council men, constables, and clerk of the market, for misbehaviour, shall be removed and others chosen, as is directed in the case of aldermen. a n d i do also, for me and my successors, by these presents, grant to the said mayor and commonalty, and their successors, that if any of the citizens of the said city, shall be hereafter nominated, elected, and chosen to the office of mayor, aldermen and common-council men as aforesaid, and having notice of his or their election, shall refuse to undertake and execute that office to which he is so chosen, that then, and so often it shall and may be lawful for the mayor and recorder, aldermen and common-council men, or the major part of the aldermen and common-council men for the time being, according to their discretion, to impose such moderate fines upon such refusers, so as the mayor's fine exceed not _forty pounds_, the alderman's _five and thirty pounds_, and common-council men twenty pounds, and other officers proportionably, to be levied by distress and sale, by warrant under the common seal, or by other lawful ways, to the use of the said corporation. a n d in such cases it shall be lawful to chuse others to supply the defects of such refusers, in manner as is as above directed for elections. a n d that it shall and may be lawful to and for the mayor, recorder, and at least _three_ aldermen for the time being, from time to time, so often as they shall find occasion, to summon a common-council of the said city. a n d that no assembly or meeting of the said citizens, shall be deemed or accounted a common-council, unless the said mayor and recorder, and, at least _three_ of the aldermen for the time being, and _nine_ of the common-council men be present. a n d also that the said mayor, recorder, aldermen and common-council men for the time being, from time to time, at their common-council, shall have power to admit such and so many freemen into their corporation and society as they shall think fit. a n d to make (and they may make, ordain, constitute and establish) such and so many good and reasonable laws, ordinances and constitutions (not repugnant to the laws of _england_ and this government) as to the greater part of them at such common-council assembled (where the mayor and recorder for the time being, are to be always present) shall seem necessary and convenient for the government of the said city. a n d the same laws, ordinances, orders and constitutions so to be made, to put in use and execution accordingly, by the proper officers of the said city; and at their pleasure to revoke, alter, and make anew, as occasion shall require. a n d also impose such mulcts and amerciaments upon the breakers of such laws and ordinances, as to them in their discretion shall be thought reasonable; which mulcts, as also all other fines and amerciaments to be set or imposed by virtue of the powers granted, shall be levied as above is directed in case of fines, to the use of the said corporation, without rendering any account thereof to me, my heirs and successors; with power to the common-council aforesaid, to mitigate, remit, or release such fines and mulcts, upon the submission of the parties. _provided always_, that no person or persons hereafter, shall have right of electing or being elected, by virtue of these presents, to any office or place judicial or ministerial, nor shall be admitted freemen of the said city, unless they be free denizens of this province, and are of the age of _twenty-one_ years or upwards, and are inhabitants of the said city, and have an estate of inheritance or freehold therein, or are worth _fifty pounds_ in money, or other stock, and have been resident in the said city for the space of _two_ years, or shall purchase their freedom of the mayor and commonalty aforesaid. a n d i do further grant to the said mayor and commonalty of the city of _philadelphia_, that they and their successors, shall and may for ever hereafter hold and keep within the said city, in every week of the year, _two_ market-days, the one upon the _fourth_ day of the week, and the other upon the _seventh_ day of the week, in such place or places as is, shall, or may be appointed for that purpose, by the said commonalty or their successors, from time to time. a n d also _two_ fairs therein every year, the one of them to begin on the _sixteenth_ day of the _third_ month, called _may_, yearly, and so to be held in and about the market-place, and continue for that day and _two_ days next following; and the other of the said fairs to be held in the aforesaid place on the _sixteenth_ day of the _ninth_ month yearly, and for _two_ days next after. a n d i do for me, my heirs and assigns, by virtue of the king's letters patent, make, erect and constitute the said city of _philadelphia_, to be a port or harbour for discharging and unlading of goods and merchandize out of ships, boats, and other vessels; and for landing and shipping them in or upon such and so many places, keys and wharfs there, as by the mayor, aldermen, and common-council of the said city, shall from time to time be thought most expedient for the accommodation and service of the officers of the customs, in the management of the king's affairs and preservation of his duties, as well as for conveniency of trade. a n d i do ordain and declare, that the said port or harbour shall be called the port of _philadelphia_, and shall extend and be accounted to extend into all such creeks, rivers, and places within this province, and shall have so many wharfs, keys, landing-places and members belonging thereto, for landing and shipping of goods, as the said mayor, aldermen, and common-council for the time being, with the approbation of the chief officer or officers of the king's customs, shall from time to time think fit to appoint. a n d i do also ordain, that the landing-places now and heretofore used at the _penny-pot-house_ and _blue-anchor_, saving to all persons their just and legal right and properties in the lands so to be open; as also the swamp between _bud_'s buildings and the _society-hill_, shall be left open and common for the use and service of the said city and all others, with liberty to dig docks and make harbours for ships and vessels, in all or any part of the said swamp. a n d i do hereby grant, that all the vacant land within the bounds and limits of the said city, shall remain open as a free common of pasture, for the use of the inhabitants of the said city, until the same shall be gradually taken in, in order to build or improve thereon, and not otherwise. _provided always_, that nothing herein contained, shall debar me or my heirs in time to come, from fencing in all the vacant lands that lie between the _center_ meeting-house and the _schuylkil_, which i intend shall be divided from the land by me allotted for _delaware_ side, by a strait line along the _broad-street_ from _edward shippen_'s land through the _center_ square by _daniel pegg_'s land; nor shall the fencing or taking in any of the streets, happening to be within that inclosure on _skuylkil_, be deemed or adjudged to be an incroachment, where it shall not interfere or stop any of the streets or passages leading to any of the houses built or to be built on that side, any thing herein contained to the contrary notwithstanding. a n d i do grant, that this present charter, shall, in all courts of law and equity, be construed and taken most favourably and beneficially, for the said corporation. i n w i t n e s s whereof, i have hereunto set my hand, and caused my great seal to be affixed. dated at _philadelphia_ the _five and twentieth_ day of _october_, anno domini _one thousand seven hundred and one_, and in the _thirteenth_ year of the reign of king _w i l l i a m the third_, over _england_, &c. and the _one and twentieth_ year of my government. _w i l l i a m p e n n_. * * * * * _the_ c h a r t e r _of_ p r i v i l e g e s _granted by_ w i l l i a m p e n n, _esq_; _to the inhabitants of_ pensylvania _and territories_. _w i l l i a m p e n n_, proprietary and governor of the province of _pensylvania_, and territories thereunto belonging. to all to whom these presents shall come, sendeth greeting. w h e r e a s king _c h a r l e s the second_, by his letters patents, under the great seal of _england_, bearing date the _fourth_ day of _march_, in the year _one thousand six hundred and eighty_, was graciously pleased to give and grant unto me, and my heirs and assigns for ever, this province of _pensylvania_, with divers great powers and jurisdictions for the well government thereof. a n d w h e r e a s the king's dearest brother, _j a m e s duke of y o r k and a l b a n y_, &c. by his deeds of feoffment, under his hand and seal duly perfected, bearing date the _twenty-fourth_ day of _august, one thousand six hundred eighty and two_, did grant unto me, my heirs and assigns, all that tract of land, now called the territories of _pensylvania_, together with powers and jurisdictions for the good government thereof. a n d w h e r e a s for the encouragement of all the freemen and planters, that might be concerned in the said province and territories, and for the good government thereof, i the said william penn, in the year _one thousand six hundred eighty and three_, for me, my heirs and assigns, did grant and confirm unto all the freemen, planters and adventurers therein, divers liberties, franchises and properties, as by the said grant, entituled, _the f r a m e of the government of the province of_ pensylvania, _and territories thereunto belonging_, in _america_, may appear; which charter or frame being found in some parts of it, not so suitable to the present circumstances of the inhabitants, was in the _third_ month, in the year _one thousand seven hundred_, delivered up to me, by _six_ parts of _seven_ of the freemen of this province and territories, in general assembly met, provision being made in the said charter, for that end and purpose. a n d w h e r e a s i was then pleased to promise, that i would restore the said charter to them again, with necessary alterations, or in lieu thereof, give them another, better adapted to answer the present circumstances and conditions of the said inhabitants; which they have now, by their representatives in general assembly, met at _philadelphia_, requested me to grant. k n o w y e t h e r e f o r e, that for the further well-being and good government of the said province, and territories; and in pursuance of the rights and powers before-mentioned, i the said _william penn_ do declare, grant and confirm, unto all the freemen, planters and adventurers, and other inhabitants in this province and territories, these following liberties, franchises and privileges, so far as in me lieth, to be held, enjoyed and kept, by the freemen, planters and adventurers, and other inhabitants of and in the said province and territories thereunto annexed, for ever. f i r s t. b e c a u s e no people can be truly happy, though under the greatest enjoyment of civil liberties, if abridged of the freedom of their consciences, as to their religious profession and worship: and almighty god being the only lord of conscience, father of lights and spirits, and the author as well as object of all divine knowledge, faith and worship, who only doth enlighten the minds, and persuade and convince the understandings of people, i do hereby grant and declare, that no person or persons, inhabiting in this province or territories, who shall confess and acknowledge _one_ almighty god, the creator, upholder and ruler of the world; and profess him or themselves obliged to live quietly under the civil government, shall be in any case molested or prejudiced, in his or their person or estate, because of his or their conscientious persuasion or practice, nor be compelled to frequent or maintain any religious worship, place or ministry, contrary to his or their mind, or to do or suffer any other act or thing, contrary to their religious persuasion. a n d that all persons who also profess to believe in _jesus christ_, the saviour of the world, shall be capable (notwithstanding their other persuasions and practices in point of conscience and religion) to serve this government in any capacity, both legislatively and executively, he or they solemnly promising, when lawfully required, allegiance to the king as sovereign, and fidelity to the proprietary and governor, and taking the attests as now established by the law made at _newcastle_ in the year _one thousand and seven hundred_, entitled, _an act directing the attests of several officers and ministers, as now amended and confirmed by this present assembly_. ii. f o r the well governing of this province and territories, there shall be an assembly yearly chosen, by the freemen thereof, to consist of _four_ persons out of each county, of most note for virtue, wisdom and ability, (or of a greater number at any time, as the governor and assembly shall agree) upon the _first_ day of _october_ for ever; and shall sit on the _fourteenth_ day of the same month, at _philadelphia_, unless the governor and council for the time being, shall see cause to appoint another place within the said province or territories: which assembly shall have power to chuse a speaker and their other officers; and shall be judges of the qualifications and elections of their own members; sit upon their own adjournments; appoint committees; prepare bills in order to pass into laws; impeach criminals, and redress grievances; and shall have all other powers and privileges of an assembly, according to the rights of the free-born subjects of _england_, and as is usual in any of the king's plantations in _america_. a n d if any county or counties, shall refuse or neglect to chuse their respective representatives as aforesaid, or if chosen, do not meet to serve in assembly, those who are so chosen and met, shall have the full power of an assembly, in as ample manner as if all the representatives had been chosen and met, provided they are not less than _two thirds_ of the whole number that ought to meet. a n d that the qualifications of electors and elected, and all other matters and things relating to elections of representatives to serve in assemblies, though not herein particularly expressed, shall be and remain as by a law of this government, made at _new-castle_ in the year _one thousand seven hundred_, entitled, _an act to ascertain the number of members of assembly, and to regulate the elections_. iii. t h a t the freemen in each respective county, at the time and place of meeting for electing their representatives to serve in assembly, may as often as there shall be occasion, chuse a double number of persons to present to the governor for sheriffs and coroners, to serve for _three_ years, if so long they behave themselves well; out of which respective elections and presentments, the governor shall nominate and commissionate one for each of the said offices, the _third_ day after such presentment, or else the _first_ named in such presentment, for each office as aforesaid, shall stand and serve in that office for the time before respectively limited; and in case of death or default, such vacancies shall be supplied by the governor, to serve to the end of the said term. p r o v i d e d a l w a y s, that if the said freemen, shall at any time neglect or decline to chuse a person or persons for either or both the aforesaid offices, then and in such case, the persons that are or shall be in the respective offices of sheriffs or coroners, at the time of election, shall remain therein, until they shall be removed by another election as aforesaid. a n d that the justices of the respective counties, shall or may nominate and present to the governor _three_ persons, to serve for clerk of the peace for the said county, when there is a vacancy, one of which the governor shall commissionate, within _ten_ days after such presentment, or else the _first_ nominated, shall serve in the said office during good behaviour. iv. t h a t the laws of this government shall be in this stile, viz. _by the governor, with the consent and approbation of the freemen in general assembly met_; and shall be, after confirmation by the governor, forthwith recorded in the rolls-office, and kept at _philadelphia_, unless the governor and assembly shall agree to appoint another place. v. t h a t all criminals shall have the same privileges of witnesses and council as their prosecutors. vi. t h a t no person or persons shall or may, at any time hereafter, be obliged to answer any complaint, matter or thing whatsoever, relating to property, before the governor and council, or in any other place, but in ordinary course of justice, unless appeals thereunto shall be hereafter by law appointed. vii. t h a t no person within this government, shall be licensed by the governor to keep an ordinary, tavern, or house of publick entertainment, but such who are first recommended to him, under the hands of the justices of the respective counties, signed in open court; which justices are and shall be hereby impowered, to suppress and forbid any person, keeping such publick-house as aforesaid, upon their misbehaviour, on such penalties as the law doth or shall direct; and to recommend others from time to time, as they shall see occasion. viii. i f any person, through temptation or melancholy, shall destroy himself, his estate, real and personal, shall notwithstanding descend to his wife and children, or relations, as if he had died a natural death; and if any person shall be destroyed or killed by casualty or accident, there shall be no forfeiture to the governor by reason thereof. a n d no act, law or ordinance whatsoever, shall at any time hereafter, be made or done, to alter, change or diminish the form or effect of this charter, or of any part or clause therein, contrary to the true intent and meaning thereof, without the consent of the governor for the time being, and _six_ parts of _seven_ of the assembly met. b u t because the happiness of mankind depends so much upon the enjoying of liberty of their consciences as aforesaid, i do hereby solemnly declare, promise and grant, for me, my heirs and assigns, that the _first_ article of this charter relating to liberty of conscience, and every part and clause therein, according to the true intent and meaning thereof, shall be kept and remain without any alteration, inviolably for ever. a n d l a s t l y, i the said _william penn_, proprietary and governor of the province of _pensylvania_, and territories thereunto belonging, for myself, my heirs and assigns, have solemnly declared, granted and confirmed, and do hereby solemnly declare, grant and confirm, that neither i, my heirs or assigns, shall procure or do any thing or things, whereby the liberties in this charter contained and expressed, nor any part thereof, shall be infringed or broken: and if any thing shall be procured or done, by any person or persons, contrary to these presents, it shall be held of no force or effect. i n w i t n e s s whereof, i the said _william penn_, at _philadelphia_ in _pensylvania_, have unto this present charter of liberties, set my hand and broad seal, this _twenty-eighth_ day of _october_, in the year of our lord, _one thousand seven hundred and one_, being the _thirteenth_ year of the reign of king _w i l l i a m the third_, over _england, scotland, france_, and _ireland_, &c. and the _twenty-first_ year of my government. a n d n o t w i t h s t a n d i n g the closure and test of this present charter as aforesaid, i think fit to add this following proviso thereunto, as part of the same, _that is to say_, that notwithstanding any clause or clauses in the above-mentioned charter, obliging the province and territories, to join together in legislation, i am content, and do hereby declare, that if the representatives of the province and territories shall not hereafter agree to join together in legislation, and that the same shall be signified unto me, or my deputy, in open assembly, or otherwise, from under the hands and seals of the representatives, for the time being, of the province and territories, or the major part of either of them, at any time within _three_ years from the date hereof, that in such case, the inhabitants of each of the _three_ counties of this province, shall not have less than _eight_ persons to represent them in assembly, for the province; and the inhabitants of the town of _philadelphia_ (when the said town is incorporated) _two_ persons to represent them in assembly; and the inhabitants of each county in the territories, shall have as many persons to represent them, in a distinct assembly for the territories, as shall be by them requested as aforesaid. n o t w i t h s t a n d i n g which separation of the province and territories, in respect of legislation, i do hereby promise, grant and declare, that the inhabitants of both province and territories, shall separately enjoy all other liberties, privileges and benefits, granted jointly to them in this charter, any law, usage, or custom of this government heretofore made and practised, or any law made and passed by this general assembly, to the contrary hereof notwithstanding. _w i l l i a m p e n n_. * * * * * _t h i s_ c h a r t e r of p r i v i l e g e s _being distinctly read in assembly, and the whole and every part thereof, being approved of and agreed to, by us, we do thankfully receive the same from our proprietary and governor, at_ philadelphia, _this_ twenty-eighth _day of_ october, one thousand seven hundred and one. _signed on behalf, and by order of the assembly,_ _per_ joseph growdon, _speaker_. _edward shippen_, } _phineas pemberton_, } _samuel carpenter_, } proprietary and governor's _griffith owen_, } council. _caleb pusey_, } _thomas story_, } _f i n i s_. [illustration] _this day is published_, a l e t h i a: or, a general system of moral truths and natural religion. contained in the letters of s e l i m a, empress of the turks, to her daughter i s a b e l l a, at grand cairo. with historical and critical notes. by richard murray, a. m. and j. u. b. _quid verum atque decens, curo, & rogo, omnis in hoc sum_. printed for t. osborne, in gray's-inn. * * * * * _this day is published_, _beautifully printed, in a neat pocket volume, price_ s. _sew'd, or_ s. . d. _bound_, a j o u r n e y through part of england and scotland along with the army, under the command of his royal highness the duke of cumberland. wherein the proceedings of the army, and the happy suppression of the rebellion in the year , are particularly described. as also, the natural history and antiquities of the several places passed through. together with the manners and customs of the different people, especially of the highlanders. by a volunteer. comprised in several letters to a friend in london. printed for t. osborne, in gray's-inn. =transcriber's notes:= hyphenation, spelling and grammar have been preserved as in the original governour ==> governor" [ed. for consistency] page , the inhatants of ==> the inhabitants of page , by their forts. ==> by their forts." page , so advantagious a ==> so advantageous a page , following orignal letter ==> following original letter page , bretrhen of the ==> brethren of the page , shawanese, "that they ==> shawanese,' "that they page , had any warriours ==> had any warriors page , for us.' we ==> for us." we page , proper information. ==> proper information.' page , in obtaining justice. ==> in obtaining justice.' page , would communicate. ==> would communicate.' page , canassetego taking a ==> canassatego taking a page , no onger. your ==> no longer. your page , good undestanding with ==> good understanding with page , conred weiser ==> conrad weiser page , lands at at our ==> lands at our page , well, it it hath ==> well, it hath page , shick calamy ==> shickcalamy page , to have resonable ==> to have reasonable page , that seareh has ==> that search has page , "as we have already ==> as we have already page , design, and and the ==> design, and the page , was entred into ==> was entered into page , a mischievous people. ==> a mischievous people.] page , was wrought. ==> was wrought.] page , massachuset's-bay ==> massachusets-bay page , the enemies' blood ==> the enemies' blood page , interpreted as as follows ==> interpreted as follows page / , war-like enprizes ==> war-like enterprizes page , other country whatsover ==> other country whatsoever page , or molestation whatsover ==> or molestation whatsoever page , to the criminial ==> to the criminal page , the porportion which ==> the proportion which page , act act of settlement ==> an act of settlement page , john bud, jun. ==> john bud, jun., page , other their officers ==> their other officers generously made available by the internet archive/american libraries.) transcriber's note: obvious typos have been amended. variations in spelling in the original text have been retained, except where usage frequency was used to determine the common spelling. these amendments are listed at the end of the text. minor printer errors have been amended without note. * * * * * publications of the university of manchester economic series--no. ix. gartside reports on industry and commerce. no. _the argentine as a market_ sherratt & hughes publishers to the victoria university of manchester manchester: cross street london: chandos street, w.c. [illustration: (graph of imports, exports, and population)] the argentine as a market a report _to the electors to the gartside scholarships on the results of a tour in the argentine in - _ by n. l. watson, b.a. _gartside scholar_ manchester at the university press university of manchester publications no. xxxiii. the gartside reports. the gartside reports are the reports made by the gartside scholars at the university of manchester. the gartside scholarships were established in for a limited period, by john henry gartside, esq., of manchester. they are tenable for two years and about three are awarded each year. they are open to males of british nationality who at the date of the election shall be over the age of eighteen years and under the age of twenty-three years. every scholar must enter the university of manchester for one session for a course of study approved by the electors. the remainder of the time covered by the scholarship must be devoted to the examination of subjects bearing upon commerce or industry in germany or switzerland, or in the united states of america, or partly in one of the above-mentioned countries and partly in others, but the electors may on special grounds allow part of this period of the tenure of the scholarship to be spent in study and travel in some other country or countries. it is intended that each scholar shall select some industry, or part of an industry, or some business, for examination, and investigate this comparatively in the united kingdom and abroad. the first year's work at the university of manchester is designed to prepare the student for this investigation, and it partly takes the form of directed study, from publications and by direct investigation, of english conditions with regard to the industrial or commercial subjects upon which research will be made abroad in the second year of the scholarship. finally, each scholar must present a report, which will as a rule be published. the value of a scholarship is about £ a year for the time spent in england, £ a year for time spent on the continent of europe, and about £ a year for time spent in america. editor's note. mr. n. l. watson's sudden departure to fill a commercial position in the east has prevented him from seeing this report through the press himself. table of contents. page. chapter i. the economic basis of the argentine " ii. the railways " iii. industries and the labour question " iv. foreign capital and public debt " v. argentina from the immigrant's standpoint " vi. english trade. its position and prospects " vii. the tariff statistical appendix chapter i. the economic basis of the argentine. the first thing that strikes the new arrival in the argentine, and the last thing that he is likely to forget when he leaves the country, is the extraordinary inflation of prices. with the exception of meat, and perhaps bread, there is no article of common consumption which does not cost considerably more than in england, every allowance being made for freight and tariff charges. the reason for this excess is doubtless to be found in the concentration of trade in the capital. all imports, for reasons that will be dealt with later, pass through the hands of the large houses in buenos aires, who act as sole agents for the whole of the republic north of the rio negro. [while, owing to the precarious nature of all business, dependent entirely on the grain and cattle yield, much higher prices are charged in fat years than would be justified if these times of prosperity were regarded as permanent.] because of this concentration of business in the capital, and in the centre of the town in particular, rents have risen to an immense extent, greatly increasing all establishment charges, and in turn the price of commodities sold--a cause which acts again of course in retail trade and neutralises the freight charges to outlying districts. but the essential fact in argentine economics, and one which seems more than obvious, but apparently escapes the comprehension of argentine legislators, is that the country is naturally, and must remain for some considerable time, a producer of raw material exclusively. the country is still considerably under-populated for the development of its natural resources, while only a small portion of the settled area is yet producing even half the yield of which it is immediately capable. immigration of a certain class--capable agriculturalists with some capital--is still required. but with a strange perversity politicians have persistently advocated a high protective tariff for the purpose of fostering industrial development. the result has been that certain industries have cropped up under this system, which are quite incapable of independent existence, and, while satisfying neither the employers nor their men, constitute a very heavy drain on the national purse. the chief objection, however, to the policy is that it invites a class of immigrant who is really not required in the country and who has taken to settling in the capital instead of scattering into the camp. the immigrant required is the "colonist," to whom the country is already beginning to owe much of its prosperity. there are two distinct types of colonist--the one who buys his land on a permanent colony, and builds a decent house, and the temporary tenant whose economic principle is to break the soil of new land, and moves to a new district at the end of his term. the latter owes his origin to the cultivation of "alfalfa," the wonderful clove-like plant that will grow on sand, and requires no rain, but thrives on the surface water which abounds in the country's flat, low-lying plains. alfalfa will not grow in hard unbroken ground, and where the land is such, cereal cultivation is necessary for three years to reduce it to a fit condition. this work requires labour which is not available among the gauchos, the horsemen who act as hands on the estancias, and the estanciero himself probably does not possess the knowledge requisite for the cultivation of grain. a contract is therefore made with colonists, usually piedmontese or basques, to break the soil and grow cereals for three, or more usually five, years, either at a fixed rent or for a percentage of the crop, the stipulation being that with the last year's seed alfalfa is sown as well. when the last crop has been cut, the latter grows through the stubble. the growth of this plant is such that as alfalfa is more cultivated, the stock-bearing capacities of the country will easily be trebled. the main supports of the country are, therefore, cereals and cattle, the latter being undoubtedly the more profitable investment, but requiring a much larger capital. by argentine, as by french, law property at death is compulsorily divided, and this tends to split up the now immense tracts of land occupied by individuals. whatever the social advantages of such a system may be, it is not conducive to the most economic working, nor yet to the breeding of the finest strains of stock, for which a large capital is required. a form of evasion, however, has been found in the formation of limited liability companies, often private, to run big estancias. these have everything to recommend them from the economic point of view. a capable manager is put in charge of the work on the spot, and, as capital is usually forthcoming, the estancias are run in such a way as to yield the greatest possible return. they are usually well-maintained, up-to-date in management and fittings, and supplied with good home-bred strains. there are, however, other natural sources of wealth in the argentine; notably, the forests of hard-woods (of the acacia order) which abound in the chaco, in corrientes and entre rios, and are also found in the province of córdoba and elsewhere; the sugar industry in the north-west (of which more will be said under "the tariffs"); the hitherto undeveloped fruit cultivation in all parts of the country (this in the sub-tropical and central provinces would be especially liable to suffer from the depredations of locusts); perhaps, too, cotton growing in the chaco, where, however, the supply of labour is much questioned, and some pests peculiar to the cotton-bole are reported as existing; and, lastly, the minerals, as yet wholly undeveloped. although these are undoubtedly much more scarce than in bolivia and chile, the absence of an impartial geological survey has rendered the flotation of bogus companies easy, and practically prevented any genuine development, in spite of their greater accessibility than in the former country. the recent boom and collapse in gold ventures was the result of stock exchange transactions, probably fraudulent, as, with the exception of the sea-bed to the very south of the country (where it cannot be recovered), gold is probably one of the few minerals which does not exist to a workable extent. a curious feature in the argentine is the absence of navigable rivers. with the exception of the treacherous paraná and the uruguay, enclosing the provinces of entre rios and corrientes, there is not a single waterway, natural or artificial. the result of this has been an enormous network of railways spreading over the central provinces with isolated offshoots north and west. the consequent great influx of capital would naturally have encouraged a large import trade; but the prohibitive tariff has succeeded in retaining the money in the country, while the revenue derived has, almost without exception, been uneconomically employed. the result is that, apart from an occasional monopoly that has succeeded, the only large gainers from this policy have been the town property holders. a large part, however, of the province of buenos aires is liable to periodic inundation, and, to obviate this, an extensive system of drainage has been planned, a work of great difficulty owing to the small difference of altitude between the land and the sea. some canals, however, are in course of construction of which advantage might possibly be taken, if they were made of sufficient depth, for local transport. if this were done, a large and important part of the country would be provided with a cheaper alternative to the railway. in a volume descriptive of the republic (published, in english, by the department of agriculture) this possibility is foreshadowed, stress being laid on the slight fall from the andes to the coast, and a scheme, chimerical on the face of it, of a system of trans-continental canals is vaguely outlined. but, being so wildly improbable, it seems to have no existence, even problematical, outside the pages of that advertisement. chapter ii. the railways. the prosperity of the argentine republic would undoubtedly have been impossible without the enormous investments made by british financial houses in its railway development. for many years--in fact, until quite recently--the influx of capital was welcomed and encouraged. concessions were lavished on anyone ready to take them up, and, far from irksome conditions being imposed, valuable privileges were granted to the _concessionnaires_. moreover, the national and provincial governments were only too eager to get rid of such lines as they themselves owned, and invariably worked at a loss, and to transfer them to european concerns. that the railways were financed from motives of promiscuous philanthropy is improbable, but that the english financiers were almost alone in their confidence in the future of the country is not only true, but it is a truth which the most respected and able argentines fully realise. there exists, however, at the present moment a very powerful feeling of opposition to the "empresas," as they are called--the "concerns" that practically control the country--and (so say their opponents) exploit it entirely for their own ends. apart from the fact that a railway, in order to pay, must humour its traffic, and would be attempting suicide were it really guilty of the exorbitant overcharging and mismanagement of which some lines are accused, there is little or no cause for these complaints. in a country where a mortgage on land pays per cent. interest, and where other investments are expected to give a proportionate return, the per cent. of a railway dividend is far from being excessive, especially when it is remembered that locusts and drought may at any time absorb practically the whole year's profits of a whole system. the motive of this hostile spirit, or what may be behind it, is difficult to discover. that jealousy of foreign--especially english--influence exists in a certain section of the people is undoubted. but, considering that the true argentine population--supposing that such a thing exists or could be defined--is very small compared with the foreign element, and that of itself it is absolutely incapable of developing the country, some other reason must exist to justify the position. but, discreditable as such jealousy is to the people concerned, it is without doubt a very powerful factor. fortunately, these opinions are not shared by the government, nor, probably by the people generally, who, although always complaining of high freights, delay in transport, and all the other grievances for which every railway under the sun is blamed, seem to dread the alternative of government control. the official members of the government are on the whole considered to be sincere, industrious men, with a genuine desire to do their best. but government management invariably means peculation, among subordinates especially, and the introduction of petty politics into business. it is from this element that the opposition springs. concessions requested by capitalists, permission for extensions required by existing concerns, although of undoubted advantage to the country and approved by government, are blocked in congress. the tone and quality of congress may be judged from the fact that the only measure of any importance passed during a whole session was that authorising an increase in the salaries of the deputies. for weeks on end no meeting can be held, be the measures to be discussed ever so important, because, from carelessness or deliberate intention, sufficient members do not appear to form a quorum. several deputies, indeed, never sit from the beginning of the session to the end. thus, even if there is no opposition to a railway bill, it often happens that it is as effectually blocked by the sheer slackness of individual congressmen. that the railways themselves are not blameless in every respect stands to reason. and, although this is almost certainly not the origin of the present obstruction to their demands, they would command a much greater share of sympathy--after all, a considerable asset--if they would realise their own faults. having had, and still having, a practical monopoly in their own districts, the various companies have adopted a somewhat despotic attitude towards new and outside enterprise, and, sometimes a disregard for the requirements of their customers, as well as for the true needs of the country. railway affairs centre in river plate house, and any attempt on the part of outsiders to establish themselves in the argentine is viewed with great suspicion by the financial ring that rules there. concessions put forward have been blocked times out of number by the influence which the ring could exert in congress. if by any chance--and this has been more frequent of late--the concessions have been secured in spite of its opposition, every obstacle is placed in the way of raising the requisite capital in london--opposition which the ring is in a peculiar position to make effective. only recently a very sound project was floated with the greatest difficulty, even the debentures failing to realise more than per cent., because one of the existing lines considered the proposal a trespass on its especial preserves. moreover, there seems to be every reason to anticipate the rapid failure of the new line owing to the rate war which the existing one will undoubtedly declare. this apparent disregard of the needs or desires of their customers is, perhaps, attributable partly to the unreasonable nature of the demand, partly to an occasional pursuit of some pet theory of management, but, in all probability, more largely to the division and conflict of authority. the management is separated from its central board, not only by the atlantic, but by the local board sitting in buenos aires. and, although on the home board there are men whose knowledge of the country was intimate some years previously, their aspect of the working of a railway naturally undergoes considerable modification upon their transference from the executive to the directorate; while the local board, who are often appointed merely to secure local support and influence, are rather apt to exercise their power in a vexatious and capricious manner--more to show their authority than to further the interests of the railway. as regards the actual working of the lines, in some cases complaints are made that too much confidence is placed in the long-haul, long-train theory. there are only a few lines on which there is any opportunity for or advantage in the very long train, the agricultural districts centring round the various ports. owing to the lack of warehouse accommodation along the line, grain has often to be loaded into the trains straight from the growers' carts, thus causing endless delay when trains of immense length stand to be filled. it often happens, too, if the harvest proves at all good, that, in spite of government orders, the rolling stock is quite inadequate for the traffic, the result being that with the accumulation of work in the docks, a crop is sometimes kept locally for a whole year before it can be removed to a port. considerable inconvenience is caused, and will continue to be caused for some time, by the congestion at the port of buenos aires. control there has been exercised by half a dozen different boards with no central authority. the wharfage and warehouse accommodation are quite inadequate, even if the great savings possible in time and space were realised. and, lastly, although there is already sufficient confusion with a one gauge system, there is an immediate prospect of the introduction of two other gauges. the existing lines there are ft. in. but preparations are already being made for the continuation of the central córdoba (metre gauge) into the port, and possibly of the entre rios ( ft. ½ in.) extension as well. the solution to the difficulty is at present very doubtful. increased accommodation to a limited extent is quite possible in buenos aires itself, and with an immense outlay of capital an entirely new set of docks might be constructed there--though this is highly improbable. the more reasonable course would undoubtedly be to construct new ports or develop existing ones elsewhere, a course that is already being adopted by the southern at bahia blanca, and the entre rios line at ibicuy. there is also a new project floated for the construction of a large port in the bay of samborombon (also on the southern system), but this scheme does not meet with much approval in the country, while, for some reason, the port of la plata has never succeeded, in spite of every encouragement. at some time a port will have to be constructed at mar del plata, where the only rock foundation on the whole coast is to be found. mar del plata is the argentine brighton, and any commercial development there is certain of an unfavourable reception. but as sand and mud are the only base from santa fé to bahia blanca--in some cases there being not even firm sand--and as dredging is exceptionally expensive, no other solution seems reasonable. on the uruguay river, and on the eastern bank of the paraná, in the south of entre rios there is deep water. but as this only affects the lines of that province and of corrientes it has no bearing on the general question of argentine transport. as a last word, it must be remembered that the present boom in the country is extremely recent. argentine has developed in an extraordinarily rapid manner, and some confusion is excusable. that the railway and the country will realise and overcome their difficulties there can be little doubt. and in any case the natural wealth of the country is so great that in the end it will force a way out, in spite of obstacles. statistics relating to railways will be found in chapter vi. chapter iii. industries and the labour question. the labour question in the argentine republic is one of great difficulty. there is really no native labour, certainly none for industrial purposes. the gaucho,[ ] now degenerated into the peon,[ ] is only available for stock-raising. agriculture is carried on almost entirely by colonists of various nationalities, and industries by italian immigrants only. there is one exception, the sugar industry of the north. there conditions are so very different from those in the centre and the south, that it must be treated as almost a separate country. while the north-east--the chaco district--is still in so uncivilised a state that its possibilities are very hazy. the quebracho trade yields very large returns with indian labour, but indian labour is an unknown quantity. uncivilized indians still cause considerable trouble there, and opinions differ considerably as to the possibility of employing them successfully for cotton growing and other new enterprises. [ ] the descendents of the original spanish settlers, often showing marked traces of indian blood. [ ] peon is the name applied to all labourers. the more important question is that relating to labour for factories, workshops, and railways in the central part of the republic, and in the towns themselves. that a country situated so far from the great centres of production should continue to import nearly all its necessities as well as luxuries seems incredible. yet the tendency is certainly more in the direction of increased importation than of home manufacture. there is a tariff of exceptional severity on every conceivable article, but even this fails to develop industries in the country. breweries, flour mills and repairing shops seem to be the only successful growths, with a few isolated instances, such as canvas shoe factories and similar works. even the production of such essentially native goods as "ponchos"[ ] has lapsed in favour of german and italian wares. while the manufacture of matches--in the hands of a powerful monopoly, bolstered up by privileges and an exorbitant duty--was so seriously jeopardised by a strike last year, that the threat was made--whether seriously or not, cannot be said--of closing down the works and importing immediately from england and sweden. (it is satisfactory to note in this connection that an english firm promptly stepped forward and made an offer to the government that if a reduction was made in the duty, it would undertake to place on the market, within little more than a month, some millions of boxes of matches). [ ] "ponchos" are the peculiar rugs with a central slit to admit the head when the "poncho" is used as a cloak. they are used universally in the country. even those industries, however, that flourish, do so in spite of their labour. they are all, it will be observed, concerned with the production of goods that are either expensive or difficult to transport, and only the direst necessity could prevent their home manufacture. in the course of last year there were two general strikes (in buenos aires and rosario) besides numerous small ones. dock labourers seem to be continually in partial ferment, and even the most generous treatment does not prevent railway employees from stopping work occasionally. the causes of this instability are fairly apparent, though the same cannot be said of the remedy. for various reasons industrial labour is entirely supplied by italian immigrants, mostly neapolitans. the other nationalities who come into the country engage for the most part in agricultural work, either as colonists, buying their land, or as tenant farmers on short leases. skilled english and other european labour is also employed in factories, but only for the higher grades of work, and in positions of some responsibility. thus the available labour is recruited from the lower class of immigrants, and from a race not remarkable for stability. in the second place, living in the capital is extremely dear, not least being the price of house accommodation. although an italian can satisfy his requirements at a much lower rate than an englishman could his, yet even he can scarcely make both ends meet, while the excess of expenditure over receipts is particularly galling in the land of promise. recently, too, additional grievances have been introduced by the wholesale eviction of tenants owing to the purchase by syndicates of whole blocks of buildings, and the subsequent re-letting of them at immensely increased prices. in the first six months of last year there were more than eleven thousand petitions for evictions before the justices. with a discontented and excitable working population, therefore, as a field for their activities it is not surprising that the agitators, of whom there is no lack, should be so successful. attempts are being made by various large concerns to supply reasonable accommodation for their employees, and more than one railway has been particularly liberal in this respect. but it was only a short time ago that a strike of very serious dimensions was declared in the workshops of one of the most generous, on the most ridiculous pretext. the great danger in all labour troubles in the argentine lies in the fact that they are apt to become general and paralyse trade. it is usually impossible to secure "blacklegs," a circumstance which the workmen fully realise. moreover, owing to the peculiar economic conditions of the country, a strike on the part of the workmen in one industry means that all the workmen in that industry stop work; and, as trade is usually in a state of congestion, the difficulties created are enormous. a dock strike in buenos aires is doubly serious, because the port is already overcrowded, and there is no alternative port suitable. a match strike, with the present tariff, causes a match famine. a railway strike is sure to break out only when the year's harvest must be negotiated. and should any single strike show signs of missing fire, in all probability the result is a sympathetic strike on the part of all workmen, including cab-drivers and bakers. the problem before the government is very serious, if, indeed, it is not a question which it would be wise for the parties concerned to work out for themselves. considerable success is reported to have attended the efforts of the western railway, who have instituted a conciliation board for the mutual consideration of difficulties with their employees. but unless by some means the cost of living is reduced, it is difficult to see how satisfactory conclusions can be attained. if prices continue to rise as, in all probability they will, a rise in wages will be imperative. this, in the case of railways would mean an increase in rates, as there are few who are earning more than a reasonable dividend, while an increase in rates would cause great dissatisfaction to the whole agrarian population; after all by far the most important in the country. it is even doubtful whether cereals could stand any heavier rates than they bear at present. the root of the labourer's dissatisfaction lies, as has been said, in the high cost of living. unless this can be lowered, there can be no hope of a final settlement. and the only means of lowering it is a reduction in the tariff and a greater mobility of trade in the interior. chapter iv. foreign capital and public debt. it is not the intention to deal in this work with the market fluctuations, the arrangements made between provincial banks and their creditors, nor with any of the financial aspects which these questions have recently assumed. such a course would not only be out of place, but would be of little interest or value, owing to the unstable state in which the negotiations are at present. the object will be rather to indicate the part that foreign capital has played in the development of the country and that played by politics in finance. an important fact to realise is that the liberation of the country from the spanish colonial system is comparatively recent, and that a people unfitted in every way for political independence was suddenly put in possession of a country of quite exceptional richness but absolutely undeveloped and almost unpopulated. men with no political experience nor education found the road open to responsible positions requiring statesmanlike qualities in an unusually high degree--not only financial, but diplomatic and administrative ability combined with absolute integrity. it is sufficiently well known how far they came up to the requirements. for it is only at the present day that political morality has found a place in the national executive. in provincial administration and in the ranks of the deputies it is doubtful whether it will ever predominate. it is a favourite complaint of argentines that their country is regarded in europe as a hot-bed of revolution. they are never weary of complaining that their claim to be a civilized power is disregarded. in the absence of a definition of civilization the question must be left open. but as regards revolutions the european idea is substantially correct. argentines have undoubtedly not yet realised a sane conception of government. if those in power fail to convince the country of any sincerity or appreciation of their responsibilities, the people themselves do not treat the authority of government with the respect that alone permits the growth of those qualities of statesmanship whose absence is so very obvious. one improvement, however, must be noted, an improvement of the very greatest importance. whereas in former years little respect was paid to non-partisans, the people have now learnt that it is to everyone's interest to confine political differences to the actual disputants--to fight their battles in their own garden, and to leave neighbours at peace. capital, therefore, is tolerably safe, especially as the federal executive is a body which, if not possessed in every branch of the greatest intelligence or even honesty, is at least controlled by men who realise their position and have sympathies and knowledge beyond the limits of their country. the considerations just mentioned bear more especially on capital sunk in land and its immediate connexions, or in industrial concerns. as regards public debt, the question is more involved. the laxity of public morality has here the disastrous tendency of making a party temporarily in power regard the actions of its predecessors as invalid. the temptation is certainly great. when a foreign loan has been contracted in the name of a municipality or provincial government, at the expense of the people at large, but is used purely for party or even private ends, it is at least comprehensible that an opposing party should regard the loan as an unwarrantable exploitation of the public, and should think it justifiable to allow the creditors to suffer instead of their own countrymen, who were no party to the transaction. the policy and ethics of such a view are another matter. and it is, as usual, the honest who suffer. for, if the succeeding party are possessed of higher views in the sphere of political morality, owing to the necessity of regarding their predecessors' really fraudulent contracts as binding on themselves for fulfilment, the profit goes to the malefactors, while the odium incurred in realising the money to cancel the obligation falls on the unoffending upholders of honesty. the extraordinary feature that impresses itself on the mind when looking through the history of argentine loans is the readiness with which london financiers responded to the invitations. no more remarkable case, probably, could be found in the whole history of finance than that of the buenos aires provincial bank, its absolutely reckless mismanagement and of the inevitable collapse which followed--resulting, as everyone knows, in the failure of messrs. baring. this catastrophe set back argentine progress several years, and it is only now that the recovery is at all complete. but it can scarcely be emphasised too strongly that the recovery is complete. argentine national credit is as sound as that of any civilised power. indeed, the fact that the national government undertook the responsibility of so great a part of the debts of the provinces is in itself sufficient indication of the government's policy. with regard to municipal loans, it must be admitted that as these are regarded nowhere as other than a highly speculative investment, future irregularities would fall on the heads of people who had full knowledge of their risks. but the risks are extremely small compared with those which existed formerly; and the national executive seems inclined to exert pressure on recalcitrant bodies, compelling them to adhere to their agreements. in a recent case, indeed, intervention was necessary, not in the interests of the financiers, but in that of the municipality, the extraordinary exactions of the french port-concessionnaires at rosario, having had very disastrous effects on that town's development. for once the municipal authorities were not the only gainers and the people themselves were the sufferers. before presenting figures of argentine loans in detail it may be of interest to show the proportion which was taken up in london. of the total raised by the republic from its emancipation in until , amounting to £ , , , great britain supplied nearly four-fifths, namely, £ , , . this total is made up of the national, provincial and municipal external debts, which amount severally to $ , , , $ , , , $ , , gold, or roughly £ , , , £ , , and £ , , sterling, of which england provided approximately six-sevenths, two-thirds and of the last, all. when it is remembered that of the capital invested in the country commercially three-quarters (or out of million pounds sterling) are also british, the influence which this country has had on argentine progress cannot be over-estimated. it is a point, by the way, that a preference on colonial produce would be a preference against these interests of ours in the argentine as well as against the , people of british extraction resident there, of whom at least one-half must be engaged or interested in the rearing or exporting of cattle. in grain they would be affected but little. in estimating the meaning of this tremendous debt it must be remembered that much of it is repetition. not only were many of the loans issued for conversion of floating and other existent debt, but it will be noticed that a considerable part of the national debt was contracted to liquidate the various indebtedness of different provinces. chapter v. argentina from the immigrant's standpoint. it seems to be the ambition of every new country to secure immigration at all costs, regardless of the prospects that really exist there, and also of the true interests of the country. the result of this policy at its best leads only to a boom, with its inevitable reaction. the wiser plan of letting the country gradually develop itself, admitting cheerfully the adventurous spirits who are ready to come without invitation or advertisement rarely seems to commend itself to colonial politicians. argentina at one time seemed more than likely to compete with australia and canada in this respect, trying to allure colonists with impossible promises of free land and gigantic crops, and only the untiring efforts of the englishmen already established there have prevented that country realising the inevitable consequence. the present argentine government admit the unsuitable nature of the country for impecunious englishmen, and confine their attentions to attracting italians and other foreigners, for whom the climate and conditions of labour are certainly more adapted. but even these are beginning to discover that expectations and fulfilments do not always coincide. the truth is that, as is heard from all parts of the world, special knowledge or capital is indispensable in every new country, but that with these the chances of success in life are considerably greater than at home. to the englishman, however, in the argentine, there is the additional difficulty of the language--a difficulty which were he not an englishman would be almost negligible, for spanish is an easy language of which to acquire a working command. it is the firm belief of every englishman, apparently, that certain skill in athletics of necessity qualifies him for cattle farming. although he is physically well enough suited to camp life, the whole truth is apt to be a disillusionment. the market for athletic young men is already glutted, and though many estancieros take on an additional overseer or apprentice to please a friend, in many cases they do not in the least appreciate bestowing the favour. it must not be supposed that englishmen are not wanted on estancias. on the contrary, even argentines usually prefer an english manager. the only difficulty is that the supply of raw material exceeds the demand. the young man who goes out to seek his fortune is usually one with no qualification but an agreeable manner and a good physique, desirable enough assets, but not such as to entitle the holder to an extravagant salary. the wisest plan, therefore, that an immigrant of this sort can pursue is to go to an estancia as an apprentice for a nominal salary of twenty or thirty pounds a year, on a three or four year's contract. work is very hard, though often the actual conditions of life are extremely comfortable, but the education required is thorough and qualifies for a position of majordomo at the end of the contract. many men who possess some capital, or expect to possess it, also go through this training as it enables them to invest their money wisely, and later to work it economically. there are many, however, who find the work and conditions of life trying, especially on an inferior estancia, and take the first opportunity offered to change their occupation. the usual change is to a bank or a railway. both are regarded as a last resource, because, although the pay (anything from £ a year) is considerably higher than in camp life, expenses are considerably more so; while there is less chance of promotion because the better positions naturally fall to men with a special railway training who enter the service from home under contract. for a really able man there are undoubtedly good prospects on argentine railways, and the difference in salary between that of an employee there and that of one in a similar position at home more than compensates for the increased cost of living. in banks the salaries are much the same as on railways to begin with, but chances of promotion are said to be less, while the work does not give so many opportunities of seeing the country, and to many is intrinsically less interesting. in business houses there is never a chance of employment, except, of course, through personal influence. english clerks are employed very little, and there are no positions corresponding to the large book-keeping staffs of banks and railways, nor to the assistants, and secretaries to chiefs of departments, the inspectors and superintendents of the latter. for the englishman it is very fortunate that the lethargic, and often untrustworthy character of latin races requires constant surveillance. but for the same reason it is obviously impossible for employers to choose their overseers at random, and a personal introduction is almost indispensable. in giving this short sketch of the prospects open to the english immigrant no mention has been made of the immigrant labourer or artisan. the reason of this is that in this respect argentine must be regarded almost as a tropical country, where english labour is out of the question. italian and english labour cannot work together, not only from incompatibility of temperament but because the italian can work for considerably less than the englishman. in addition, the climate in summer is far too hot for the latter. there are exceptions to be found, notably in the case of butchers at the freezing works, and that of some engine drivers, and engine-shop artificers. but, as the drivers are compelled by law to speak and understand spanish, they are not numerous. in any case, there is absolutely no opening for a labourer or artisan, unless he comes to the country to take up a definite vacancy that has been offered him. regarded, however, as a country for the italian immigrant the prospects are certainly better, although not so dazzling as he is led to believe in his own country. such popular phrases as "immense zones which merely await the strong arm of the colonist for their development" fall, unfortunately, rather short of the truth. the tendency is to lay all land possible under alfalfa, only such as is incapable of growing it being sold for agriculture. large tracts, nevertheless, are being formed into colonies by land development companies, and in the past have been so divided by government, a system which gives good returns to the farmer. the latter, however, is rather inclined to work his land to death, often without rotation, and, though actual exhaustion is very remote, the rest afforded by a year's fallow and leguminous crops is rendered impossible for a variety of reasons. a mischievous result of the financial standing of many of the colonists is their frequent lapse into the power of the local store-keeper. there are no branch banks in the camp towns and often no grain dealer apart from this accommodating tradesman. in return for very elastic credit, based on crop expectations, he buys the whole yield at his own price, and, as he has a monopoly of the retail trade as well, he secures a large profit on both transactions. in his defence it must be admitted that he runs a very great risk indeed in the credit which he is compelled to give, and is justified to a great extent in recouping himself when the opportunity occurs. but the undeveloped economic system, and the encouragement of settlers without a sufficient backing of capital, are much to be deplored. in recent years the agriculture of a whole province threatened to come to an abrupt termination owing to the complete inability of the colonists to buy or borrow from the merchants seed for their year's sowing. it was only rescued by the prompt and wise action of the local railway company who supplied the grain, on the easiest of terms and without security. the result was, although, of course, an immediate loss to the company, the salvation of the province, and the railway's ultimate gain. owing to the enterprise of various people there seems to be a possibility that the colonist's conservative partiality to cereals may be overcome. not only have the possibilities of chicken-farming been demonstrated, but the co-operative working of a large dairy and ice-producing plant has already proved a success. the co-operative movement may indeed open a field, especially in the south, for other labour besides that of latin origin. it is true that the boer colony has not been an unqualified success. but the welsh have thrived in chubut, and of the newly opened regions about nahuel-huapi residents speak enthusiastically. unfortunately there does not seem to be much land available, and, hitherto, there have been no railway facilities. there is a paper dealing with the welsh colony, published by the foreign office in london. but, apart from the accounts of sporting and scientific expeditions, there is little available literature. it is much to be deplored, and in default of an independent work in english the translation of existing works in other languages would be very welcome. chapter vi. english trade. its position and prospects. it is always difficult to entice commercial men into giving information of any value regarding their affairs. the seeker after more material and solid things than figures--after instances and facts rather than theories--is very apt to be disappointed. the value of the opinions gleaned was rather impaired when experience showed that success and complacency, despondency and comparative failure, usually went together. it is pleasant to be told not to bother about british trade, that "british trade is all right." but it is not entirely reassuring when such lessons as can be derived from statistics and the opinions of less successful men are largely opposed to this view. some more definite information was, however, available, and from conversation with people directly concerned with general trade, both english and argentines, it was possible to supplement to some extent the statements, extremely valuable as they are, of our consuls in the country, as well as the deductions from official statistics. with regard to consular reports a word must be said. these are often abused by men of position in trade, and, though their brevity is to be deplored, a word of protest must be uttered against the inconsiderate and disdainful criticism to which they are subjected. moreover, one of the greatest authorities on argentine affairs, dr. francisco moreno, an argentine delegate on col. holditch's arbitration expedition on the chilian frontier, was emphatic in his approval of these reports, even going so far as to say that he trusted their statements and figures in preference to those of his own government. on every hand there were indications leading to two conclusions, namely that british trade is losing, or has lost considerable ground, and that the greater part of the blame is due to the producer or merchant at home. a superficial glance at import statistics would seem to give the lie direct to any such assertion. such strong influences, however, are at work, that it is only after a careful study of all the circumstances that anything like a true estimate can be formed. before, therefore, pronouncing judgment upon its present position and its future, a short examination of the development of our trade viewed in conjunction with the economic conditions of the country and with the various interests in competition with ours, is necessary both to explain how our conclusions were reached, and to assist in the formation of a juster appreciation of our commercial relations with the country. the following statistics give in brief the course of trade in the argentine according to official returns for the years , , and to inclusive:-- imports and exports from and to different countries. $ $ $ $ $ $ $ $ gold gold gold gold gold gold gold gold antilles: imports ... exports , belgium: imports , , , , , , , , exports , , , , , , , , bolivia: imports exports brazil: imports , , , , , , , , exports , , , , , , , , chili: imports exports , , , , , france: imports , , , , , , , , exports , , , , , , , , germany: imports , , , , , , , , exports , , , , , , , , holland: imports , , exports , , , , , , italy: imports , , , , , , , , exports , , , , , , , , paraguay: imports , , , , , , , , exports portugal: imports exports south africa: imports ... ... ... ... exports ... , , , , , , spain: imports , , , , , , , , exports , , , , , , , , united kingdom: imports , , , , , , , , exports , , , , , , , , united states: imports , , , , , , , , exports , , , , , , , , uruguay: imports , , exports , , , , , , , , other countries: imports , , , , , , exports , , , , , , , , total --------------------------------------------------------------- imports , , , , , , , , exports , , , , , , , , while a similar table (calculated in spanish dollars) gives the following figures for the principal exporting countries in the year :-- united kingdom $ , , france , germany, holland, sweden and denmark , gibraltar, spain, and sicily , united states , , brazil , , china , havana , chile and peru , ----------- total $ , , the contrast between the two tables is sufficiently remarkable; but before dealing with either, it is necessary to have clearly in mind the growth and nature of demand. for this reason the immigration returns and tables showing the development of the railway system are given at this point:-- arrival of immigrants in the republic from to . years. number. - , - , - , - , - , - , --------- , , nationalities. italians , , spaniards , french , british , austrians , germans , swiss , belgians , others , --------- , , arrivals in . italians , spaniards , french , british , austrians , germans , swiss belgians other nationalities , ------- , the development of argentine railways is shown in following table[ ]:-- extent of capital passengers freight receipts expenditure lines in $ , , no. in , $ , $ , years kilometres gold thousands tons gold gold · · · , , , , · , , , , · , , , , · , , , , , · , , , , , · , , , , , · , , , , , · , , , , , · , , , , , · , , , , , · , , , , [ ] , [ ] · , , , , [ ] direccion general de vias de communicacion. [ ] approximate figures. [ ] £ , , approximately. the relative importance of the various lines with their nationalities is as follows:-- length of line special . (kilometres) engines coaches vans waggons waggons _state-owned railways:_-- andine ( ft. in.) central northern (metre) , , north argentine (metre) ---------------------------------------- total , , southern ( ft. ins.) , , buenos aires western , , -- b. a. rosario , , central argentine , , b. a. pacific , , great western ( ft. ins.) , bahia blanca and n.w. ( ft. ins.) east argent. ( ft. ½ins.) n.e. argent. entre rios -- prov. santa fé (french) (metre) , , centr. córdoba (n.) , " " (e.) -- córdoba and rosario n.w. argentine córdoba and n.w. -- transandine central chubut -- ----------------------------------------- total , , , , in "the review of the river plate" the growth of british-owned railways is given as follows:-- kilometres. , , , for the total kilometrage of the year the same authority gives , kilometres, a considerable discrepancy from the official figures. of the two authorities the government statistics are generally regarded as the less trustworthy. but whatever the true figures may be, the proportion owned by british interests will not be lessened by the total of the more optimistic estimate, which is based largely on unrealised concessions. and in any case, the economic point to be emphasised is not weakened, namely the overwhelming preponderance of british influence in this direction. moreover, not only has this influence been increasing relatively to that of competitors, but, absolutely, the increase is exceedingly great. we have, then, in this department of industry a market for goods of proportions that quite exceed those of any other in the country, the greatest impetus to its development being given by the admission into the country of all railway material duty-free. in any estimate therefore, of the true position of any country's trade, this privileged demand must be considered. and in estimating future conditions, the tendency noted in the chapter on railways must be borne in mind, viz., the tendency to discourage the continuance of the quasi-monopoly of one country. turning next to the immigration returns, the predominating position held by the latin races, and, especially, of the italian, is at once apparent. although in many cases the special requirements of these people can only be satisfied by the goods produced in their own several countries, the greater part of the demand for imported goods is for clothing, and, in the case of the country portion, for agricultural materials. in both these departments the market is open. on the other hand, while the greatest attention seems to have been paid to this market by foreign merchants, the wants of the inhabitants of british and other northern extraction living in the far south have not been studied at all. in this context the following extract from a recent consular report is of interest. writing from puerto gallegos in patagonia the acting consular agent declares:-- "german and french exporters are gradually securing the best part of the trade in consequence of the greater attention shewn by them to the large importing houses in gallegos. it is said that the merchant prefers to order british goods to suit the taste of their farmer clients but so little attention is shewn to them by the british exporters that they are obliged to place their orders on the continent. many british firms refuse to attend to orders in spanish, and their catalogues and price-lists are almost invariably printed in english." from the same report comes a remark of the vice-consul at bahia blanca emphasising the energy with which the hamburg south american company fosters the coasting trade. the pacific steam navigating boats pass to and from the west coast, but the local trade is scarcely touched by them. although a german line does not imply nothing but german trade, the tendency must, of necessity, be in its favour. the question of the nature of demand cannot be over-emphasised. it is owing to neglect of this that the greatest mistakes are made both in practice and in argument. up to the nation's demands were those of any immature nation. subsequently to that date the country began to boom and the whole economic condition was altered. whereas previous to that date the market was for articles for private use, whether domestic, agricultural, or personal, subsequent to the national awakening private needs became insignificant compared with those of public bodies. not only was the construction of railways commenced in earnest but national and municipal contracts were issued broadcast. harbours, sewage and water-works, lighting, tramways, and every other form of public enterprise, were initiated from that time onward. but, whereas the earlier works were largely executed by english firms, of recent years foreign (in particular belgian) contractors have secured the concessions. the methods employed by the latter, however, have been such as rather to disgust the country with its experiment. the case which has been causing intense excitement is that of the rosario port-works. the french _concessionnaires_ made a bad job there of a difficult undertaking. that, however, was little compared with the terms which by some means they managed to insert into their concession, terms by virtue of which they were enabled to make the most extraordinary exactions from everyone who entered the port, regardless of the fact that many of the wharves were the property of other concerns. on the other hand, the english firm that constructed the rosario sewage system, and constructed it with the greatest thoroughness, were treated to a series of vexatious interferences culminating in a refusal on the part of the municipality to pay for the work. besides the above mentioned work, ports have been constructed at bahia blanca, la plata, buenos aires, san nicolas, santa fé, paraná (not yet completed) and other places, so that some two hundred million sterling have been invested in works of public utility in a country with a population at the present time of about five million inhabitants. apart from the importance of this development of public enterprises as regards the nature of imports, its importance is obviously no less in the matter of their extent. adding to the capital of public undertakings the capital employed in trade, the total of commercially invested money was estimated at the end of at million sterling; but, if national provincial and municipal loans are taken into account, the grand total of foreign capital in the country probably exceeds £ , , . this immense influx of capital naturally caused imports greatly to exceed exports, but the excess is not perhaps so large as might have been expected, owing to the high tariff which probably increased the import of bullion. recently, since the investments have begun to give returns, the balance of trade has turned, and, whereas in the sale of exports (in dollars gold) was to that of imports as · millions to · , in the former had risen to · millions, and the latter only to · . even then it is hardly credible that exported interest should have equalled, much less exceeded, the new capital invested, and the alternative of gold shipments must be admitted. we have then a rising tendency in the price of commodities, or a depreciation of money (quite irrespective, of course, of the depreciation of paper). the theory of rising prices is, as is well known a favourite in the states. but in this, as in almost every other case, the application of an economic theory is rendered very nearly impossible owing to conflicting influences. to return once more to the details of argentine trade, we found that the predominating demand had been that of the railways, and that of the railways by far the greater part is british. apart from inclinations of sentiment or personal partiality, it is only natural that engines and other material should be imported from england, as being of a type to which english engineers are accustomed. a very large proportion of our trade comes under this heading, and, it must be admitted, the market here is not free. even so, however, the superiority or greater suitability--whether in material, construction, or price--of foreign work in some directions has ousted the british product. for example, in steel rails england's quota went down one thousand tons in , while that of the states went up fifty-three thousand. so, too, in such goods as axes and small tools the latter hold the market. on the other hand, american locomotives have not proved a success--the english system of running not being that for which they are designed. english engineers seem to prefer a solid, well-finished engine, which can stand accidents, and innumerable repairs. the baldwin engine is cheap, but apparently of indifferent finish, and is built on a rigid frame. the slightest accident to this incapacitates the whole machine, and, in any case, the locomotive is built for hard use over a short period, with subsequent scrapping. neither the traffic nor the capital of argentine railways justify such a course. the actual figures of imports of locomotives for are--united kingdom , u.s.a. , belgium , germany --increases of , , , and respectively. english engines are the most expensive. the german engines are largely those employed in construction. in railway material (not specified) although england exported to the value of $ , gold the increase over was $ , gold, yet america with an export of only $ , , shows an increase of $ , . thus even in the privileged domain of the railway market, there are signs of very keen competition appearing. this may not prove effective for some time, the connection between the home contractors and the london board being intimate, and there is a danger of its possibility being overlooked. another important demand is that for tramway material. in this it is satisfactory to see that there is a favourable tendency in favour of english goods. previously, no doubt, the greater knowledge and experience in the states enabled them to supply cars and material more readily than in england, and the possession by germany of the buenos aires electric works favoured its exportation of the latter. but recently some preston cars have been put on the road which give the greatest satisfaction. the increase in electric traction in england ought to furnish the experience necessary for the successful development of this branch of trade. in agricultural machinery the market is absolutely open, and where there is any opportunity, english firms have undoubtedly succeeded. it is unreasonable to expect that we should be able to compete with the states in sowing, reaping, ploughing, and similar machinery, provided as they are with an experimental field with conditions similar to those prevalent in the argentine. but in traction engines the lincoln firms outstrip all their competitors. rushton, proctor and co., clayton and shuttleworth, ransomes, sims and jefferies, are names that may be seen all over the country. the genuine solidity of construction in their engines, combined with adaptability to the country's requirements, has for once overcome the overwhelming attraction of cheapness. considerable success has also attended their threshing machines, in spite of their comparatively greater expense and of various other factors in favour of american machines. the case of agricultural implements is curious. while in axes the united states have increased their already large export, though under the heading of spades, picks, &c., their export of tons in is tons greater than in , the value is £ less, while the english tons is . tons more than in the previous year with an increase in value of £ . in cotton goods there is again a natural monopoly--the preponderating italian influence among the working classes encouraging the trade with that country in the special line of goods which appeals to them. but perhaps the most important factor in international trade is the nationality of the importers. in nearly all the merchants in buenos aires were scotch, and the preponderance of british houses continued until recent years. then, however, for various reasons--the development, perhaps, of the wool trade on the continent and the allurements of finance, owing to which many british merchants invested in land and other enterprises, in preference to the less congenial uncertainties of trade--a large number of foreign, especially german, houses appeared, turning the current of trade more in the direction of that country. whatever the reasons may have been, at the present moment germany is firmly established in the country, and its trade is continually increasing. it must be added, that although german firms have a natural preference for dealing with their own country, they are always ready to do business with english houses provided that the latter make it profitable for them to do so. it will be convenient to deal here with the complaints made by importers in the argentine, of english exporters, and the faults that the latter have to find with the conditions of trade in that country. briefly, the chief complaint made of the english manufacturer and merchant is lack of adaptability--the well-worn objection that appears in every consular report, and is repeated even by tradesmen in this country. the ways in which he shows his stubbornness may seem trifling, but their importance is sufficiently great in practice. price-lists published solely in english, with those measures and prices which are a continual nightmare to the foreigner, get-up packing that do not quite meet local taste, all these are apparently trivial, but they affect the balance of trade nevertheless. in cutlery, english goods have been entirely ousted from the popular market. the large british population in the country, however, as well as the wealthier argentines themselves, who as a rule are extremely partial to english goods, from socks to agricultural machinery, still insist on sheffield blades, which in the best shops are often the only ones procurable. but the popular demand is for a cheaper article, often manufactured in the country. this the english manufacturer has consistently refused to supply, his reasons being, firstly, that he does not make it, and secondly, that if he did, it would ruin his reputation for good work. the plan adopted abroad of not fixing the maker's name to an inferior article would safeguard the reputation which the english producer undoubtedly does possess. in this connection it is a strange anomaly that the impression still holds good in england, and seems to prevail even in other countries, that german goods are of inferior quality. this erroneous idea does not, of course, apply to such things as armour plates and machinery. but in the popular mind the impression created by toys "made in germany" has spread to all small articles emanating from that country. if the work of any country deserves this stigma it is that of america. the undeniable ingenuity and neatness of american products is, unfortunately, very often combined with bad workmanship. in argentine, according to some authorities, disappointed buyers of american goods are returning to more solid work. undoubtedly the field for cheap goods is favourable in that country, the moneyless colonists being compelled to buy them irrespective of quality. besides, there is a delight, to which the italian is peculiarly susceptible, in always having something new. a bright and new thing pleases most people more than a solid article many years old. and in many directions the yearly improvements and inventions soon reduce the latter to a position of economic inferiority. turning to the exporters' complaints, there are two which must be admitted reasonable. in the first place, the economic conditions of the country as well as the inclinations of the people require exaggerated credit. nothing, apparently, will alter this, and the merchant who refuses to take business on these terms must expect to lose it altogether. the other is one that is capable of removal. the english merchant frequently complains that he cannot come into touch with his ultimate customers. the taxes levied on commercial travellers are exorbitant, each province vying with the other in preventing their entrance. from this it follows that few firms can afford to send representatives further afield than buenos aires or rosario, and practically all business is conducted through the larger importing houses of the capital. this is an absolutely prohibitive system that is bound to have the most disastrous effects on the expansion of trade. the intention is no doubt protective. but in a country that is naturally incapable of any industrial development, the policy cannot be considered as anything but unwise. as regards the travellers sent out by english firms, they are often inadequately equipped for the work they have to perform. knowledge of the language, coupled with knowledge of the article whose sale they have come to promote, and an ability to quote credit terms offhand in terms of dollars and kilos, are important. too much reliance is often placed on written matter which a busy merchant has no time to read. a descriptive pamphlet or book is an extremely valuable adjunct to an obvious price list and an intelligent traveller. but by itself it is of little value. a further point, and one of some importance, is that argentines expect immediate delivery of orders. recently a large english motor car firm opened an agency in buenos aires. the cars were much admired, and as they were well boomed at an opportune moment, a great many orders were secured. owing, however, to considerable delay in delivery, these were withdrawn, and the orders were transferred to french firms. finally, a word must be said of proprietary articles. in these no fault can be found with british manufacturers. soap, lime juice, whisky, mustard, jam, and even soda water and ginger beer, are among the special products that may be seen almost anywhere throughout the country, and this branch of trade is capable of even greater development with judicious advertising. in particular, jam is invariably liked by argentines of all classes, and were it pushed a very large consumption might follow. at present there is only one firm of any note whose products are seen in the shops. the same may be said of biscuits, although both in this and in the former case, the high tariff (about % to % of the value) would be a great restriction. chapter vii. the tariff. argentina is professedly a protectionist country. it is also professedly republican, with a philosophic ideal of the greatest good of the greatest number. the two ideas, however, have not achieved a complete harmony. this was perhaps inevitable. curiously enough, the vital industries of the country have not been favoured in any way by the fiscal system, which has been used to foster exotics and economic growths hardly suited to the conditions of the country. in the argentine there can be no question of "back to the land"; there has never been any departure. but until the present chief of the department of commerce began his campaign for a rational tariff, there seems to have been a tacit assumption that factories constituted wealth. that the country should remain permanently agricultural was never advised. it was assumed that it must manufacture, and on this assumption the national policy was directed. as a matter of fact, there was probably no reasoned determination at all. some industries existed originally before communication was established on the present great scale with the rest of the world. as time went on these suffered from outside competition, and protection was invoked and secured. other industries were then started speculatively and for them similar protection was granted. if prevailing opinion is of any value, it was even impossible for an industry to succeed except by political jobbery. even now the evil appears to be very far from removed, and the difficulties experienced by the english railway companies are partly attributable to this cause. these have consistently refused to bribe, and it may be said that almost without exception they have adhered to this rule. the nearest approach to this form of persuasion is the nomination of influential argentines to the local board of the company, and the retention of prominent lawyers for nominal services at a fixed yearly fee. except for this no attempt is made to secure support in congress, and in all probability no payment has ever been made or promised by an english company in return for particular support for a definite proposal. the great privileges which the railways enjoy, especially in the matter of tariff, were granted in pursuit of a declared policy of encouragement to railway enterprise--a policy which no one there has reason to regret, as without it the country would never have emerged from its former lethargy. with the exception of railway material, which for the most part, comes in duty free, all manufactured articles pay a very heavy duty indeed. but, whereas in almost every other country of note, some portion at least of the raw material is procurable locally, or at least from no great distance, in the argentine the most elementary of basic materials have to be imported. with the exception of wool, grain, cattle, a special quality of timber, and sugar, there are no raw materials at all available for industrial purposes. there are no minerals; cotton is a negligible quantity at present; and fuel is as expensive as labour. coal does not exist (at least to a workable extent, if at all); petroleum, though reported in parts of the cordillera, is non-existent for all practical purposes; while wood is found in any quantity only in the forests in the north, north east, in entre rios, and in parts of córdoba and san luis. the expense of carrying this to the capital would be prohibitive except by boat from the riverine forests. and, in any case, the wood being slow-growing and intensely hard, it would be manifestly uneconomical to use anything but the trimmings as firewood. we have, then, a country with a highly protective tariff compelled to import by far the greater part of its fuel, which, though admitted free, is necessarily burdened with freights prohibitive to economic industrial development. the argentine, indeed, may be said to be placed, geographically, in the worst position possible for such a purpose. keeping, then, the question of fuel in mind, the possible advantage (from the purely economic point of view) must be examined of reducing at home to the state of finished commodities the raw materials mentioned above. in every case of manufacture, the two obvious economic reasons are either the ability to produce better or the ability to produce cheaper. the former is out of the question in the argentine, because there is no hereditary or traditional skill, nor special climatic conditions as in manchester; the latter, for the same reason, can only be a question of freight. any article to be consumed at home, and produced mainly from native raw material should, _prima facie_, be capable of production at home for that consumption, granted an adequate supply of labour. but, for export, general conditions being at best only equal to those in the importing countries, the only circumstances which could render home-manufacture profitable would be greater liability to deterioration in transit in the raw material than in the finished article, or a great saving in bulk or weight in the latter. taking the raw materials, therefore, in the order given above, the wool produced or procurable in argentina is greatly in excess of the present local requirements. what skill there is in the country for spinning and weaving is insignificant for practical purposes, the articles produced being either extremely crude, or quite exceptionally fine, and consequently expensive. both are the work of indians, or half-castes--who are rapidly becoming a smaller and smaller proportion of the total population. passing by as inconsiderable, therefore, the advantage of home production on the score of special skill, there remains the question of cheapness. for some goods, special lines of purely local popularity, which european houses would not make for other customers, there are points in favour of local production. but in such things as socks and articles of general clothing, that command a universal market (with differences only in design), it is found cheaper to import. it must be added that there is comparatively little demand for woollen goods at all in the argentine itself. though the tariff, therefore, does not impose a great burden on the people, from its protective aspect it is encouraging an unprofitable industry. the duties are as follows: on spun wool about ½d. per lb., valued at about d. per lb., on washed wool s. d. per lb., the customs valuation being d.; on stockings and socks (all classes) about %, on woollen cloth (pure) about %, and on wool and cotton mixed, over %. passing over grain, the main manufactured product of which, flour, is not imported at all, and cattle, which in the frozen meat trade and its attendant industries form one of the main items of export, there are left wood and sugar. of the former, the country produces little for constructional and industrial purposes, all the natural timber being employed either for railway sleepers, fencing posts, or for tanning extract. it is an extremely important business, but there could be no question of importation, except for intermediate fencing bars (those not planted in the ground) and for sleepers. even so the only circumstances which could render it possible are the inability of the home supply to cope with the demand, and the consequent rise in price. recently poplar has been planted on the islands of the tigre near the mouth of the paraná with great success. but the available space is limited there, though it is quite possible that planting might be continued on the paraná and uruguay rivers. the duty on imported soft woods is comparatively small. the one article of home-production left, which was open to foreign competition, is sugar. the erratic development of this industry in conjunction with the tariff has been so eventful, and so instructive from the economic point of view, that a rather lengthy review may be pardoned. this is practically a paraphrase and condensation of the extremely interesting, though, at times, somewhat exclamatory article written by m. ricardo pillado, the head of the division of commerce in the argentine ministry of agriculture, . unfortunately, in attempting to follow some of the author's calculations it has been found quite impossible to verify his results or to see how he arrived at them. in some cases the figures are so obviously impossible in the light of the data that the only explanation seems to be a misprint. in order not to sacrifice the continuity of his account, these figures have been given as they stand. the fact that the article in question appears in a collection, derived from various sources, and republished officially at the ministry of agriculture, seemed to give additional justification for its presentation here without emendation. writing at end of , when the brussels convention had just condemned bounties, and when the original heavy import duties and export drawbacks were still in force, he makes this preface to a general discussion of the whole working of the exaggerated protection of the sugar industry. "the fiscal protection of the sugar industry, instituted in the year , and maintained up to the present moment in all its intensity, has been the source of the gravest evils to the republic, not merely through its immediate effect and its having admitted and secured the maintenance of an economic system so detrimental to the country, but also, in the sphere of credit, through the complications of which it has been the indirect cause. every effort, therefore, tending to destroy to their very foundations the fallacies which have been the mainspring and origin of its birth and continuance up to the present day ought to be considered, in my opinion, as an act of patriotism and duty." m. pillado is far from being a free-trader in the accepted english sense. "the protection which reasonably may be and, i will even say, ought to be afforded to national industries cannot," he goes on to say, "be identified with the favours which were lavished on the sugar industry." although he is in favour of a moderate and strictly protective tariff, he cannot reconcile the prevailing system with any economic theory whatever. the sugar plantations and refineries are situated in the remote north west of the country, and the latter were practically in the hands of two powerful concerns. owing to the expense of rail transport, under no circumstances could the sugar be transported to the coast to compete on equal terms with the imported ocean-borne article, and certainly not, with the additional freight, in european markets. the initial error lay in the assumption that these northern districts round tucuman were especially adapted by climate and other conditions to the cultivation of cane. no such natural privilege exists. the origin of the industry, on the contrary, is to be found in that very distance from a port which renders its present condition anomalous. sugar-cultivation was instituted solely with a view to the satisfaction of local requirements, and the idea of competition with foreign produce in the capital was probably never dreamed of. this view is the more probable when it is remembered that tucuman lies nearly a thousand miles from buenos aires, while railway communication was not established until or even later. at that time, however, protection was already in full force. although full communication was not established until , and till then goods had to be transported by cartage, or whatever means the state of the roads (such as they were) permitted, so early as the duty was raised from the existing rate of % _ad volorem_, to a specific tax of cents per kilo, at a time when there was only one currency. the impost being irrespective of quality, the actual burdens resulted as follows: on refined sugar valued by the customs at c. the kilo, ½%; on white or granulated with a valuation of c., ¾%, on raw of ½ c. per kilo, ½%. it is obvious says the writer, that the greatest burden fell on the lower grades, the only ones which the local refineries were in a position to produce and to offer in competition with imported sugars. the year marked the next stage in the development. owing to facilities of transport being absent, tucuman was in no better position than before, while the issue in the same year of the decree authorising a paper currency with the consequent premium upon gold, resulted in a natural increase in the restrictions on importation. the increase in the duty was nominally from to c. per kilo irrespective of quality. but the actual increase resulted in a total of % on refined sugar and % on the lower grades. the third increase took place three years later, in , when the import charge was raised to c. gold per kilo on refined sugar, other qualities being taxed at the old figure. on m. pillado's estimate this meant a difference of % between the cost of that sugar in bond and its price to the importer.[ ] [ ] the percentage seems to work out at , while the premium on gold in that year ( ), as given in another official publication of , was in reality roughly, which would mean %. but the absence of reliable data makes an amateur result untrustworthy. the foregoing is a brief account of the course of taxation introduced for purposes of protection as described by m. pillado. at this point he takes occasion to moralise on the iniquity of the system, and exclaims that it is a matter of congratulation that the promoters of the industry did not think fit to produce even further from the great centres, somewhere on the borders of bolivia. in emphasising these existing burdens, however, the writer is merely making a dramatic pause preparatory to enlarging on the further excess in the institution of bounties on export. the immediate result of this tariff was naturally an immense rise in the price of all sugar, and subsequently the practical exclusion of the imported article. the figures cited in the work speak for themselves. in the total imports of sugar of all classes were , tons. in they had fallen to tons. while the next year saw an importation of some hundred tons of refined sugar, the other grades were represented by a total of about lbs. we now come to the real interest of the question--the effect namely which this policy had upon the industry itself and the devices which the latter adopted to regulate prices. in the first instance an unparalleled boom took place. in the production was , tons. in it was , . in the following year the sum of , tons was reached--a production quite in excess of the country's requirements. the result was that in the words of m. pillado, "the refiners began to cry to heaven and to earth for any solution whatever to rescue them from the asphyxiation which threatened to overwhelm at one and the same time themselves and their system." for the planters, however, tucuman had become a veritable eldorado. two years sufficed to give a net return four times as great as the capital invested. as a natural consequence it followed that labour and capital flowed into the sugar districts, creating an unprecedented boom and denuding the other agricultural industries not only of the province but of the rest of the republic as well of their very necessities of existence. the effect was felt, apparently even in the capital, so that "lawyers deserted their profession, workmen their tools, to throw themselves with a regular fever into an occupation so full of promise." works sprang up as if by magic. palaces were constructed to house the staffs. capital was lavished on the industry by individuals and banking houses alike. no one, in short, took the slightest pains to investigate the stability of the trade, and investments were made with complete recklessness. while fortunes were being created in the cultivation of sugar cane, orchards, orange-groves, pasturage, arable land--everything else, in short--were being either transformed or neglected, and the public generally was compelled to pay an exorbitant price for its sugar. the moment had, therefore, arrived for a reduction in the import duties, and in the price of the article. that, however, was not the view of the interested parties. "if," they said, "by any misfortune this year's harvest should prove so good as the last" a worse evil would befall. considering that private mortgages amounted to some five million dollars and that the total indebtedness of the industry, in spite of its abnormal prosperity, was no less than twenty million, the gravity of the situation was not exaggerated. a bad harvest would be insufficient to satisfy the claims of creditors. a good harvest would cause a tremendous fall in prices and consequent disaster. it is not surprising that there was formed in the "union azucavera," or sugar trust, with the avowed object of taking over the entire production of all the refineries and determining prices for home consumption and export. unfortunately, however, for the success of the venture, some concerns were not in the precarious state to which the majority had been reduced. by dint of better management and through other causes they still succeeded in maintaining substantial returns. these refused to enter the trust--or kartel more strictly--and the result was a more or less complete failure. two combines were instituted, nevertheless, the above mentioned "union" (in a modified form, no doubt) and a body known as the "centro azucarevo." these concerns devoted themselves with energy to the solution of the problem of the surplus, and, as was to be expected, the easiest seemed to be that supplied by political means, the president of the "union" being also president of the chamber of deputies. so successful were their efforts that in a bounty of c. per kilo was sanctioned, raised for the next year to c. to pay for this bounty an inland revenue tax of six cents paper per kilo was declared on all sugar home or imported. as in countries nearer home, the bounty system was an attempt, a costly attempt, to market a commodity which in normal circumstances was absolutely incapable of meeting its competitors. argentine sugar under the most favourable conditions could not, and never was expected to, compete in the open market with that of other countries. in the circumstances it must be admitted that the whole scheme was merely an organised exploitation of the public in the interests of a weak industry and certain speculative financiers. "what public interests," exclaims mr. pillado, "what benefit for the community could be cited to warrant a contribution from the country at large of $ , , in five years as a gift to the exporters of sugar?" of the $ , , levied, $ , , were given as a free gift to the exporters, only $ , , finding their way into the exchequer. statistical appendix. imports, under principal heads--value in $ gold. . . . . live-stock , food stuffs animal foods } , , vegetable foods and fruits } spices and condiments } , legumes and cereals } , , , substances for infusions and } , hot beverages } , , , flour, macaroni, fancy breads, } fecula } tobacco and applications , , , , drinks--wines } , , , spirits and liquors } , , , , sundries } textiles, raw and manufactured silk } , , , wool } , , , cotton } , , , , sundries } , , , oils--vegetable, mineral, etc. -- , , , chemical, medicinal, and pharmaceutical substances and products } , , , , paints and dyes -- , timber: in bulk } , , , wrought } , , , paper and applications paper and pasteboard } , , , applications } , , , leather and applications , , , iron and applications raw material } , , , machinery and agricultural } , implements } , , -- iron and steel manufactures } , , , agriculture -- -- -- , locomotion and conveyances -- -- -- , other metals unwrought -- , , manufactured -- , , stone, clay, glass raw material } , , , manufactured } , , , , electrical supplies -- -- -- , sundry articles and manufactures , , , , ------- ------ ------- ------ totals , , , , exports, under principal heads--value in $ gold. . . . . live-stock products } , , , live-stock } , , , meat, hides, wool, etc. } , , , , manufactured animal products } , , , by-products } , agricultural products } , , , raw material } , , , manufactured products } , , , , by-products } , , woodland products , , , , products of the chase mineral products other products and sundries , , , , ------- ------- ------- ------- totals , , , , exports of frozen meat and jerked beef. other frozen and preserved meat jerked beef. frozen beef. frozen mutton. and tongues. value value value value years. tons. $ tons. $ tons. $ tons. $ gold. gold. gold. gold. , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , exports of cattle, skins, and wool. cattle. sheepskins. value value years. 's. $ gold. tons. $ gold. , , , , , , , , , , , , , , , , , , , , salted cattle dry cattle wool. hides. hides. value value value years. tons. $ gold. tons. $ gold. tons. $ gold. , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , exports of wheat, maize, and linseed. wheat. maize. linseed. value value value years. tons. $ gold. tons. $ gold. tons. $ gold. , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , the development of agricultural industry - . cultivated area in thousand hectares.[ ] other years. wheat. linseed. maize. hay. cultivations. total. , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , [ ] one hectare = · acres. the cultivated area in the years - compared. census, agricultural . statistic, . increase. products. hectares. hectares. % wheat , , · linseed , · maize , , · barley · hay , · tobacco · sugar cane · vineyards · cotton · pea nut · potatoes · beans · vegetables } } tapioca } } · spurge } } ---- ---- rice } } oats } } common rye } } canary-seed} } · coffee } } forests } } fruits · sundries -- -- ----- ------ ----- total , , · index a agricultural implements: importation of english, united states, agricultural machinery: english importation of, united states importation of, agriculture, effects of undeveloped economic system on, , 'alfalfa,' cultivation of, antilles, trade with, axes and small tools, u.s. importation of, b bahia blanca, bahia blanca, docks at, banks, employment in, belgium, trade with, boer colony, bogus companies, bolivia, trade with, british houses, decrease in the number of, breweries, buenos aires, , , congestion of port of, province of, business houses, employment in, brazil, trade with, , british and northern immigrants: their wants not studied, british exporters, slackness of, c canals, capital, influx of foreign, cereals, growth of, chaco district, chaco, the, chicken farming, chili, trade with, china, trade with, chubut, welsh colony in, 'colonists,' concentration of trade in buenos aires, congress, tone of, consular reports, moreno, dr. francisco on, , córdoba, province of, corrientes, cotton goods, italian importation of, cotton growing, credit, exaggerated, credit, soundness of national, cultivated area in argentina, amount of, cutlery, english loss of market for, d drainage system, e 'empresas,' the, englishmen, prospects for, , , entre rios, estancias, , estancias, employment on, estancieros, exports, value of, , f flour mills, foreign capital, important part played by, foreign influences, jealousy of, france, trade with, , fruit cultivation, fuel, scarcity of, , g gaucho, the, gauchos, gauges, diversity of, on argentine railways, german houses, increase in the number of, germany, trade with, gold in the argentine, scarcity of, government management, character of, government, want of stability of, h hard-woods, growth of, , , havana, trade with, holland, trade with, housing-accommodation, i immediate delivery, expectation of, immigrants, attempts to attract, immigrants, nationalities of, immigration of agriculturalists with capital needed, immigration, preponderance of latin races, importation, tendency in the direction of increased, imports, value of, inadequacy of rolling stock, interests, rates of, inundations of the argentine, italian immigrants, attempts to attract, prospects for, their employment in industries, , italy, trade with, j jobbery, political, its necessity for success of any enterprise, , l literature, scarcity of, on the argentine, la plata, loans, argentine, easily raised, their distribution, their size, locusts, m mar del plata, matches, manufacture of, a monopoly, , monopolies, railway, effect of, , morality, public, low standard of, municipal loans, a speculative investment, n non-partisans unmolested, p paraná, paraguay, trade with, paraná, river, peon, the, piedmontese and basque 'colonists,' pillado, m., his disagreement with present economic policy, his estimate of amount of tax on sugar, of its effects on the sugar industry, , , 'ponchos,' importation of, ports, construction of, portugal, trade with, precarious nature of business in the argentine, effect of, preference on colonial produce as affecting the argentine, prices, inflation of, in the argentine, property, division of, proprietary articles, british trade in, protective tariff, origin of, public debt, laxity of morality as regards, its causes, public works, demands of, mistakes in connexion with, q quebracho trade, employment of indian labour in the, r railways, dividends of, railways, employment on, -- railways, growth of, relative importance of, railways, growth of british owned, , railway material, importation of english, , united states, , railway system, raw material, argentine naturally exclusively a producer of, raw materials, scarcity of manufactures, rents, rise of, in buenos aires, rivers, absence of navigable, s samborombon, bay of, project of new port in, san nicolas, santa fé, shoe-factories, canvas, south africa, trade with, spain, trade with, store-keepers, power of the, strikes, , , cause of frequency of, sugar industry, the, sugar, manufacture of, , , sugar trust, the, , t tariff, effect of high protective, , timber, production of, traction engines, supremacy of lincoln firms in, trade, british, losing of ground, trade, difficulty of obtaining information about british, tramway material, importation of english, united states, travellers, exclusion of, , travellers, inadequate equipment of english, tucuman, centre of sugar manufacture, u under-population of the argentine, united kingdom, trade with, , united states, trade with, , uruguay, river, , uruguay, trade with, w wealth, natural, of the country, welsh colony, wool manufacture, , * * * * * transcriber's note: the following amendments were made to the text: page original word(s) amendment ---- ---------------- --------- the the the parana paraná parana paraná accomodating accommodating monoply monopoly commuuicacion communicacion emphasiased emphasised santo santa that the that of the monoply monopoly industuries industries cordoba córdoba mortages mortgages sitnation situation cordoba córdoba parana paraná santo santa third edition. _free trade with india._ an enquiry into the true state of the question at issue between his majesty's ministers, the honorable _the east india company_, and the public at large, on _the justice and policy_ of a free trade to india. _by common sense._ london: sold by messrs. sherwood, neely & jones, paternoster-row. . [_price one shilling._] _printed by w. glendinning, , hatton garden._ preface to the _second edition_. the first edition of the following view of the question of _a free trade_ to india having been sold off in the space of two days, is a proof of the interest the public take in the question of a free trade; my aim has been to clear the subject of all extraneous matter, and present it in a plain and perspicuous manner to my readers, i have neither addressed myself to their prejudices nor their passions, but have endeavoured by a simple chain of reasoning to come at the truth, which is my single object, for being totally unconnected with government, the east india company, or mercantile concerns, i can have no motive for disguising it. soon after the publication of the first edition on the d instant, i received the following letter, which will perhaps be more acceptable than any thing further from me by way of preface. _tavistock place, jan. , ._ dear sir, i have read your common sense, which is good sense, and so intelligible that he who runs may read, and he who reads can scarcely fail to understand. i wish you had treated the subject of monopolies more copiously, and informed your readers that in the early ages of commerce monopolies were so extended, and the principle so abused, that they could not fail to become obnoxious to all, and tradition has made the name hateful ever since. the kings of france, particularly louis xiv. to raise money sold _maitrices_, as they were called, or a sort of privilege for exercising certain trades, and he at the same time limited the number, this practice, together with the former monopolies not abolished, created a general wish for _freedom of trade_ in france.[a] the sect of economists were composed of republican philosophers, who proclaimed the grand advantages to be derived from the entire freedom of trade, nor was it then foreseen that under that pretext they were seeking _liberty and equality_, which but a few years after deluged france with the blood of her best sons, and had nearly ruined the world. you mention adam smith, he was the disciple and admirer of the economists; in a word he was what we denominate a democrat. as to entire freedom of trade, who that ever thought on the subject could dream of it. the corn laws, all bounties and drawbacks, the regulation even of weights and measures, the assay of silver and gold, the interest of money, &c. &c. &c. are directly in opposition to it, and prove the economists were wrong. when the french revolution broke out, excepting in weights and measures, every restraint was done away, but instead of things improving thereby they grew visibly worse. a short history of monopolies would be a very useful work, as it would clear up many mistakes concerning them. if adam smith were now alive he would probably have changed many of his opinions, for he was a good, and honest, as well as an able man, but he was deceived, not being initiated in the ulterior mysteries of m. turgot and his associates. i am your's, &c. free trade with india. _&c. &c._ the questions that have arisen of late respecting the east india company, or rather _the commerce with india_, for that is the stake and nothing less, are undoubtedly of great and serious importance. to enter into all the ramifications of the subject would require volumes, the mere bulk of which would startle most readers, and prevent their going into the question, and induce them to take up with the opinions of one, who appearing to have bestowed labour and attention on the subject, shapes his results in the manner best suited to his purpose. this mode of proceeding almost as old as the creation, and which will continue as long as any man pays a deference to the judgment of another, is the grand engine of designing men to bias the minds of the million who "hate the labour of a serious thought," a specious appellation is enough for the million to form a decision upon. i could instance many of these senseless war-whoops from "_liberty_ and _equality_" to "_a free trade_,"[b] were it necessary, or at all to the point. this mode, however, is only objectionable in the hands of sinister persons, for where the question at issue like the present, is very intricate, some such mode must be had recourse to, in order to simplify the question; i have therefore always considered that to take a popular view of a subject, some great leading points must be seized, and from these our judgment should be formed. this, if not the most accurate, is at least the best mode, where what is called public feeling is to be consulted. to study the interests of great britain and of british merchants with regard to the trade with india; to combine those with the territorial possessions and the interests of the country at large; to investigate also not only what would be the immediate consequences of a sudden change, but what might be the ultimate effects, are all necessary, to form that sort of judgment proper for the basis of action. that those immediately concerned with the affairs of india have examined the subject with great care and to good purpose, is abundantly evident from the correspondence, speeches, and pamphlets, already before the public; fraught as they are with many important facts, much acute observation, and for the most part dictated by a desire to come, if possible, to the best conclusion, all this is evident, yet it strikes me that something useful remains behind. were the question simply between _government_ and _the company_, i should not descant upon it; aware as i am that it has been canvassed by the parties on every ground and in every shape; but there is a _third_ party who has interfered. the _merchants at large_ all over the kingdom, the _shippers_ at _the out-ports_, and the manufacturers in the interior, all urged on by what is termed the _public voice_, crying out _a free trade_ and _no monopoly_. the trading towns, cities, and manufacturers do not pretend to have considered the subject minutely; therefore, for aught they know to the contrary, they are acting honestly and right; i will therefore address them with that open frankness which such conduct deserves, and which may lead to a conclusion very different from what was aimed at in the last session of parliament. for the sake of perspicuity i shall consider the subject under different heads. i. all monopolies are not wrong or injurious, as in some cases, we are the best and cheapest served by a monopoly; this proved, it follows that the india company being possessed of a monopoly, does not of itself argue that it should be withdrawn. ii. that the trade with india is far from being carried on, on the principle of monopoly. iii. that any great change must be attended with great danger, consequently we must not follow theory too readily, but pay great respect to practice and experience. iv. that the public at large have no reason to complain of the india company, as the articles brought by it have not increased in price in proportion either to rums or sugars from the west indies, where there is no monopoly. v. that the merchants of liverpool, hull, &c. and the manufacturers in their endeavours to share the trade with london, are seeking what would be injurious to them. vi. that some errors were fallen into in the present charter, which may be advantageously corrected in the next, and a few slight amendments may be attempted with safety, but no great change or innovation. * * * * * i. _all monopolies are not wrong or injurious, as in some cases, we are the best and cheapest served by a monopoly, this once proved, it follows that the india company being possessed of a monopoly, does not of itself argue that it should be withdrawn._ the manner in which the public can be the best and cheapest supplied with an article, is in itself the _best_, whether it be by a monopoly or not. this is conceded even by adam smith, that great enemy to monopolies; and he adduces in proof _the post office_, which is _one of the strictest and most complete monopolies in existence_, yet the business is done remarkably cheap and well, and with a degree of security not otherwise attainable. it is infinitely more correct than the carriage of small parcels, which is by open competition, and all circumstances considered much cheaper. the bank of england is partly a monopoly, but by no means a complete one, and it is better regulated and does business better than private banks that issue notes, and which are so far its rivals. most of the concerns which have been brought to maturity in this country have first flourished as _monopolies_ under the name of patents, and indeed there are many reasons for highly praising those temporary monopolies.[c] the insurance companies are not exactly monopolies, neither are they free traders in the true acceptation of the term, jointly or separately taking insurances without legislative interference; and, without such companies, it would be impracticable to carry on insurance so well as it is done. navigations and water-works companies are monopolies in _principle_, but they are necessary and advantageous. from all these examples it follows, that _monopoly_ is not bad _merely_ as _monopoly_, and that its being _injurious_ depends on particular circumstances, and therefore the india company being a company of monopolists, would not be a sufficient reason for its abolition, even were it proved to be so, but this has not yet been done. ii. _that the trade with india is far from being carried on, upon the principle of monopoly._ from the first discovery of india, and the most ancient and authentic records in existence, we learn that the trade to the east, which produces whatever is most brilliant to the eye, most delicious to the taste, or agreeable to the smell, has been the envy of nations. to share in them, solomon built tadmor in the desert, (the hebrew name, in greek, palmyra); for this alexander the great destroyed tyre, built alexandria and invaded india; for this trade venice, genoa, and constantinople contended above eight hundred years, when the discovery of a passage by the cape of good hope, wrested that commerce from the ancient competitors, and the dutch and portuguese became the successors of those inland merchants, who partly by caravans and partly by navigation, had supplied europe with the silks, the pearls, the perfumes, and the precious stones of asia from the earliest ages. at so great a distance every power that traded found it necessary to have an establishment. the inhabitants have not laws sufficient to protect the merchant, such as are necessary to a flourishing state of commerce; hence arose settlements and conquests, of the moral justice of which, i have nothing to say in this place; but being established, in order to maintain them, it was necessary to have revenues, and to continue certain privileges to the first traders, in order that they might act as a body, and supply from the general stock what was for the general advantage. the great body of the public are perhaps not aware that so far from ever intending to make a monopoly of the trade to india, there were in fact _two_ companies _at one time_, and that experience proved it was necessary to unite them into one, since which period, the public, as well as the servants of the company have always been permitted to participate on certain conditions.[d] the above is a very brief, but true history of the trade to india; now we will consider its present state as a _supposed monopoly_. as to the trade to china in tea, and to certain other articles, and also to ships there is monopoly, but if the trade to china were open to all the irregularities of common trading vessels, we should be excluded from it entirely in six months. the utmost circumspection and delicacy being necessary in trading with that country, besides which, the commerce demands such a large extent of capital and produces so little profit, that it would not answer the purpose of individual merchants. it is however sufficient for this article to say, that the company carry out and bring home a great variety of articles, at a fixed, and indeed at a very low rate of freight, such as no individual would do, or ever attempted to do. that if any manufacturer or merchant can find out an article that will sell in india, the company so far from preventing his doing so, afford him facilities not otherwise attainable. no mistake can in fact be greater than to say, with the uninformed and misled public, that the east india company is a monopoly, and injures trade by preventing our merchants and manufacturers from having a scope for their capital and industry. thus then the clamour raised last year, in favour of what is called a free trade, is entirely founded in error, but even were it not so, we may fairly enquire. iii. _whether any great change would not be attended with great danger? if so we must not follow theory too readily, but pay great respect to practice and experience._ the trade to india, in its present state, produces a great influx of wealth to the country, though but a very moderate average profit to the proprietors as a trading company. we must, therefore, risk this, if we consider that the french had an east india company in , and that by way of being liberal and free, they did what an inconsiderate public want us to do. they abolished the company, and let every one do as he pleased, when the trade vanished like a dream. l'orient, the seat of french east india trade, fell, and no one rose in its place, neither towns nor individuals, and the trade with india became extinct in france. i will admit that such would not be precisely the case here, still we ought to keep such an example in our minds to warn us against the dangers of innovation; besides it is sufficient that our _present state_ is good, for that is a sufficient reason to prevent our risking it by too sudden a change. if we follow experience slowly, we may perhaps make things better, and perhaps not; but at all events the error will be small and may be repaired, we can come back to the point we left. whereas if we throw open the trade, or extend it even to a limited number of out-ports, we may find it impossible to retrieve the error, supposing it should turn out to be one. softly and sure is a maxim which could never be better applied than in the present instance; and if a thousand sheets were to be written upon the expediency of the measure, after what has happened in france, it is quite evident that to the same conclusion we must come. iv. _that the public at large have no reason to complain of the india company, as the articles brought by it have not increased in price in proportion to either rums or sugars from the west indies, where there is no monopoly._ a single instance must convince the most sceptical. the east india company carry british manufactures out to india at about _s._ per ton--a distance of seven thousand miles--a rate cheaper than the carriage for five hundred miles in any other direction; therefore our manufacturers have a good chance of selling their goods, owing to their not being greatly enhanced by freight, and the servants of the company are allowed to traffic, so that every article adapted for the india market can find its way there without difficulty, though the company itself may not enter into such details. those who wish to send goods to india are therefore highly indebted to the company; and as to the imports i will ask the public only one simple question: have east india commodities risen in price, notwithstanding the heavy duties and increased expences of ship-building, and every article relating thereto, so much as west india produce? it is not necessary to dwell on this point; it is an evident fact that the east india goods are far cheaper than they would be if brought over by individual merchants, and the supply is more regular. if sales are slow the company keeps its goods at its own loss, with admirable good nature, or at least with admirable _sang froid_, and it never creates an artificial scarcity to enhance the price. the sales are by fair competition and without favour; what would the public wish or desire more? we come now to the next point. v. _that the merchants of liverpool, hull, &c. and the manufacturers, in their endeavour to share the trade with london, are asking what would be injurious to themselves._ having already shewn the danger of any great change, let us consider the probability of advantage. when goods are shipped for such a remote market, it is essentially necessary, previously to ascertain, that they are wanted. now when the exports are confined to one company, from its accurate knowledge of trade, it can proportion the quantities of the articles to the general demand for each; but if there are merchants, entirely ignorant of what each other are doing; or what is worse, deceiving each other, in order to insure a better market for their own shipment, they will necessarily send too much of some articles and not enough of others; hence many will be ruined, for they cannot carry their cargoes from port to port as in europe or america: if the market is over-stocked at the port they are bound to, there is no alternative, but sacrificing the cargo for what it will fetch, or leaving it on hand to await the chance of a future sale. on the return of the vessel, here the merchant awakes from his golden dream, and finds himself on the verge of bankruptcy, for the utmost limit of credit has expired--he is ruined! as to our manufactures it is not probable that more would be consumed than at present, for as we have already observed, the officers in the company's service carry out goods of all descriptions, and enter into competition with each other, and that whatever can be sold they can and do take out[e]; however if this reasoning be not satisfactory, there is a very easy way of extending that species of traffic without any danger. at present none of our manufacturers lose by bad debts with india; were the trade laid open, it would undoubtedly be worse than at beunos ayres, when one call from sir home popham took out from three to four millions of british capital, (as a boatswain whistles his crew on deck,) to the great loss and disappointment of some, and the absolute ruin of many more. now should the consumption of our goods not be increased; opening the trade would manifestly injure all embarking in it; for the freight and insurance could not be lower, but would be considerably higher than at present. as to a few individual towns asserting a claim to participate in the commerce of india, it is a very singular and novel kind of claim: if i apprehend aright, the nature of things attaches particular advantages to particular places; i mean privileges which are _naturally_ local. the court, for example, is held at london, which brings a great influx of wealth to the metropolis. on this principle edinburgh might put in a claim to have the court some part of the year, and such claim might be followed up by similar ones from the _keel-men_ of newcastle, the locksmiths of walsal, and the tinmen of cornwall. the thing is really too ridiculous to think seriously upon. some advantages are not only local, but indivisible, and there is no injustice arising therefrom, though with a little sophistry in certain cases it may be made to appear injustice when it is really not so, which is the case in the present instance, for it is in the revenue that the nation is a gainer by the east india company, and that must suffer considerably in the collection; besides, all the docks, warehouses, and other establishments made here, on the faith of the trade remaining as it is, must come into the question. if trade must be dispersed equally over a country, like spreading manure on a field, it would be different; but there is an absurdity in the very idea of spreading it equally, and justice has absolutely nothing to do with the question; it is entirely a matter of policy and expediency. vi. _that some errors were fallen into in the present charter, which may be advantageously corrected in the next; and a few slight amendments may be attempted with safety, but no great change or innovation._ making the dividends fixed, and independent of loss or gain, is wrong and absurd. no effort can increase the dividend, no extravagance or negligence can lessen it, and it cannot be concealed, that from such a state of things it necessarily arises that patronage is the only bonus on india stock. there is some connection either with ship-builders, sail-makers, or the furnishers of stores, officers, secretaries, clerks, or appointments abroad. it is true the connection is circuitous, and the patronage difficult to trace, but the fact resolves itself to this, that however it may be divided amongst them, the whole of the patronage of places and profits, at home and abroad, civil and military, is vested in the directors and proprietors, and that patronage is of an amazing amount and extent. in this enquiry i have endeavoured at impartiality, i write not to serve the east india company, but the country itself--ministers want the east india patronage, it was for this, charles fox made his celebrated struggle; it is this golden prize that makes the present ministers hazard every thing to obtain; it is not the flimsy net-work mask of freedom of trade, the very worst pretext they could have found, it is the patronage of india they fight for, and to obtain which, would break down every barrier, destroy every establishment, and trample on every right.--_let those then who already think the influence of the crown too great beware how they throw into the scale_ the patronage of india. freedom of trade is like the trojan horse, from it will issue what will destroy the freedom of the country.--there are many other errors in the arrangements of the company, but they are minor ones and not worth detailing here. the grand question to be decided is, the opening of the trade, which i have already treated. in conclusion then, monopoly is not always injurious.--the east india company does not possess a monopoly.--great changes will be attended with great danger. _the public has no reason to complain, nor the merchants any right to arrogate to themselves claims which do not exist._ there would be great risk and no advantage in sharing the trade with the out-ports; and lastly, that the faults in the present system are entirely of a different nature, and may be easily and safely amended. finis. glendinning, printer, hatton garden, london. footnotes: [a] my friend does not seem to be aware that buonaparte has generalized the principle; nearly all the tradesmen in paris being compelled to purchase those maitrices. the principle is in some degree known and acted upon in england, as in the case of bankers, wine-merchants, &c. &c. &c. and the _limited_ principle in the case of licences of public houses, &c. [b] it would be a curious piece of history to enumerate the instances in which such watch-words have been used, by whom, for what purposes, and what were the results arising therefrom in each case. [c] lloyd's coffee-house is in fact a monopoly, self created, and of a new species, a sort of _republican company_, resembling in some things, what are termed regulated companies, in contradiction to the joint stock companies, with this difference however, that the present members may exclude whom they please which is a monopoly principle. [d] the public does not, perhaps, know also, that oliver cromwell in levelling times, abolished the charter, but that like the _house of peers_, which was also abolished, it was obliged to be restored. the present attempt, is in fact, a small attack of liberty and equality, that epidemical disease that raged in england at the time of the great rebellion, and in france at the beginning of the revolution. destruction or a strait waistcoat must be the consequence of such a disease. [e] besides, the portuguese, spaniards, dutch, french, and english settlers in the interior have explored the country, and tried what extension they could give to the trade, so that the british merchants, who proceed on the idea that they will make discoveries, and form new connections, labour under a total mistake. transcriber's notes: text in italics is indicated by underscores: _italics_. inconsistencies in spelling and hyphenation have been retained from the original. obvious typographical errors have been corrected as follows: page : "copously" changed to "copiously" page : "desart" changed to "desert" page : "advantageouly" changed to "advantageously" generously made available by the internet archive/american libraries.) commercial restraints of ireland. [illustration: from a painting by sir joshua reynolds.] the commercial restraints of ireland considered in a series of letters to a noble lord, containing an historical account of the affairs of that kingdom. dublin, . by john hely hutchinson, provost of trinity college, etc. "----the best exposition which exists of the poisonous forces which had so long been working in the country."--_froude._ "this valuable and rare book is, perhaps, the best ever written on the subject of irish trade, and the restrictions put upon it by england."--_mr. blackburne._ re-edited, with a sketch of the author's life, introduction, notes, and index, by w. g. carroll, m.a. s.s. bride's and michael le pole's, dublin. dublin m. h. gill & son, upper sackville street london: simpkin, marshall & co., stationers'-hall court. "good heaven! for what peculiar crimes, beyond the guilt of former times, is ireland ever doom'd by fate to groan beneath oppression's weight."--_baratariana._ "if your vessel is frequently in danger of foundering in the midst of a calm, if by the smallest addition of sail she is near oversetting, let the gale be ever so steady, you would neither reproach the crew nor accuse the pilot or the master; you would look to the construction of the vessel and see how she had been originally framed and whether any new works had been added to her that retard or endanger her course."--_commercial restraints._ printed by m. h. gill and son, upper sackville-st., dublin. the publishers desire to express their best thanks to the provost and senior fellows of trinity college for their kindness in lending the library copy of the "commercial restraints," and the portrait of provost hely hutchinson, by sir joshua reynolds; also for the extracts from the college register, and for free access to the matriculation and judgment books. the publishers have, likewise, to acknowledge their obligation to sir samuel ferguson for the courteous favour of the fac-simile of provost hutchinson's autograph which underlines the frontispiece. contents. page life ix notes: (a) the hutchinson family lxxix (b) dr. leland lxxxv (c) dr. duigenan lxxxvii (d) grattan and fitzgibbon's college course lxxxix (e) lists of the secretaries of state, chancellors of the exchequer, speakers of the irish house of commons, and chief secretaries xciv introduction xcix commercial restraints appendix index life of provost hely hutchinson. the right hon. john hely hutchinson, author of the "commercial restraints," was certainly one of the most remarkable men that this country ever produced; and he took, amidst an unequalled combination of brilliant rivals, a very prominent part in the most interesting and splendid period of ireland's internal history. he was, according to dr. duigenan, a man of humble parents. he entered trinity college as a pensioner, in the year , under the name john hely,[ ] and after his marriage he adopted the name hutchinson, on succeeding to the estate of his wife's uncle. in he obtained his b.a., and duigenan admits that in his undergraduate course he won some premiums at the quarterly examinations. in he was presented with the degree of ll.d. _honoris causâ_. the _college calendar_, in the list of provosts, has, " . the rt. hon. john hely hutchinson, ll.d., educated in trin. coll., dublin, but not a fellow; admitted provost by letters patent of george iii., july ; member of parliament for the city of cork, and secretary of state. died provost, sep. , , at buxton."[ ] this is all the mention which the published records of the college make of, perhaps, its most celebrated provost. the calendar is inaccurate as to the year of his matriculation, and it does not even tell that he was the author of the "commercial restraints"--its memorial notices being extremely scanty and brief; but in other contemporary writings we find several notices of him, unfavourable and favourable. he was called to the bar in ; king's counsel, ; member for lanesborough as john hely hutchinson of knocklofty, ;[ ] in he received, in a silver case, the freedom of dublin for his patriotic services in parliament.[ ] he was member for cork city as john hely hutchinson of palmerston, and afterwards as right hon., ; prime serjeant, sometimes going judge of assize, and privy councillor, ; alnager,[ ] ; major in a cavalry regiment, which, when threatened with a court-martial for non-attendance to duty, he sold forthwith for £ , ; provost and searcher of strangford,[ ] ; principal secretary of state, ;[ ] m.p. for taghmon, ; died (according to the _college calendar_ at buxton, and according to the _gentleman's magazine_ in dublin). he was also treasurer of erasmus smith's board, and one of the commissioners for inquiring into education endowments, and he strove perseveringly but fruitlessly to obtain besides the chancellorship of the exchequer. the most important and most historic of all these appointments was the provostship, and it is in connection with the provostship that we know most about him. he won the high office, for which, in regard of any sort of learning, he was totally disqualified, by a dexterous intrigue with the chief secretary of the day, sir john blacquiere; and those who cared most for hutchinson considered that the manoeuvre was an unwise one for him. it forfeited his assured prospects at the bar, and it fastened on him the odious imputation of an insatiable avarice. the appointment, moreover, was regarded as an affront and an injury by the body over which he was placed. fellows and scholars in various ways resented the indignity, and hutchinson had to face a very surly temper inside the walls. he faced it with a light heart, and triumphed over it; but it often turned on him, and stung him. he considered that it was well worth the cost; for in the first place it was an appointment for life; and then he had not to give up his lucrative practice in the law courts, which froude says was worth nearly £ , a year; and in fact he never ceased to angle for the mastership of the rolls. in the next place, he got in addition a splendid town residence, on which eleven thousand pounds had just been expended; he got an income of two thousand one hundred a year; he got a very wide patronage, and he calculated on getting the control of the parliamentary representation of the university, which at that time was in the hands of the fellows and scholars. this last object would have been an immense acquisition for him; but he failed to win the game, the playing of which led him, according to duigenan and others, into some of his most reprehensible courses. as has been said above, in the rivalries of public life hutchinson was pitted against a phalanx of as able men as ever appeared together in any country; and most of these men he supplanted and surpassed. they avenged themselves by lampooning him, and they were masters in the art. the provost was assailed in prose and in verse, in couplet and in cartoon, in newspapers and pamphlets, in the "lachrymæ academicæ," "baratariana," and "pranceriana;" and these two last _pasquinades_ are unique in english literature. their satire is as broad and as wounding as that of junius, while it is often far more finished and playful; and there is no other instance of so many men of the same ability and station being combined in such a mosaic of detraction.[ ] "baratariana," so called from sancho panza's island-kingdom, was written in verse and in prose, and it appeared originally as letters in the _freeman's journal_, which at that time, previous to its removal to "macænas' head" in bride-street, was published over st. audeon's arch.[ ] the principal writers of these letters were sir hercules langrishe,[ ] flood, grattan, yelverton, gervase bushe, and philip tisdall. the volume is "a collection of pieces published during the administration of lord townshend," and in it the lord lieutenant figures as "sancho," anthony malone as "don antonio," provost andrews as "don francesco andrea del bumperoso," and hely hutchinson under the various titles of "don john alnagero, autochthon, terræ filius, monopolist, single session, and serjeant rufinus." it was in one of these papers that grattan, with an audacious drollery, drew his celebrated character of lord chatham, as a privileged extract from a manuscript copy of robertson's forthcoming "history of america." the description given by langrishe of hutchinson, who was not provost at that time, is: "he talks plausibly and with full confidence, and whatever pro-consul is deputed here rufin immediately kidnaps him into a guardianship, and like another trinculo erects himself into a viceroy over him. his whole elocution is alike futile and superficial. it has verdure without soil, like the fields imagined in a calenture. he has great fluency, but little or no argument. he has some fancy, too, but it serves just to wrap him into the clouds and leave him there, while he holds himself suspended, planing and warbling like a lark, without one thought to interrupt the song. if he has any forte it is in vituperation or abuse. in he defeated the first militia bill.[ ] his first stride in apostasy was supporting the privy council money bill in [for opposing which anthony malone[ ] had previously lost the prime serjeancy in , and the chancellorship of the exchequer[ ] in ;] his next was in defending the motion for the additional regiments, whereby we were treated like a ravaged country, where contributions are levied to maintain the very force that oppresses it." for these ministerial services hutchinson got the prime serjeancy, with an extra salary of £ a year. in the next session he was useful to the crown in regard of the pensions enquiry bill and the embargo corn bill, and was rewarded with the sinecure alnager's place, worth £ , a year. he was made a privy councillor, got the reversionary grant of the principal secretaryship of state, and the commission of a half-pay majority, and was what primate stone termed "a ready-money voter." "he got more," says flood, "for ruining one kingdom than admiral hawke got for saving three."[ ] the "list of the pack," one of the rhymes in the volume, has: "yet tisdal unfeeling and void of remorse, is still not the worst--hely hutchinson's worse; who feels every crime, yet his feeling denies, and each day stabs his country, with tears in his eyes." philip tisdall, in "baratariana," gives the following humorous description of hutchinson: "he is jealous of me, and as peevish as an old maid. i love to tease him. i endeavour to put him on as odious ground as i can in parliament, and then i am the first to complain to him that government should expose their servants to so much obloquy without occasion. i magnify to him the favours and confidence i receive from government, and my correspondence with rigby, which nettles him to the heart. he is too finical for lord townshend, who makes very good sport of him. one day he dined at the castle, and when the company broke up, lord townshend, who pretended to be more in liquor than he was, threw his arms about his neck and cried out, 'my dear tisdall, my sheet anchor, my whole dependence! don't let little hutchinson come near me; keep him off, my dear friend; keep him off--he's damned tiresome.' at other times his excellency makes formal appointments to dine at palmerston[ ] at a distant day. the prime serjeant invites all the officers of state; mrs. hutchinson is in a flurry; they send to me for my cook; and after a fortnight's bustle, when dinner is half spoiled, his excellency sends an excuse, and dines with any common acquaintance that he happens to meet in strolling about the streets that morning. this g'emman has a pretty method enough of expressing himself, indeed, but in points of law there are better opinions. my friend, the late primate, who knew men, said, that the prime serjeant was the only person he had ever met with who got ready money, in effect, for every vote he gave in parliament. he has got among the rest the reversion of my secretary's office; but i think i shall outlive him."[ ] another note in "baratariana" records that tisdall, whose government salaries exceeded £ , a year, had also a reversion of the alnager's place, with its £ , a year, on the death of hutchinson; and this mutuality of reversions, no doubt, accounts for the warm affection that subsisted between hutchinson and tisdall. blacquiere got the alnagership as the price of the provostship, as before mentioned. besides the alnagership hutchinson was obliged also to resign the prime serjeancy, which was given to dennis; but even in regard of emolument the provostship was well worth these two sacrifices, the united income of which was only £ , . he retained his sinecure of £ , a year, and the state secretaryship, and he was further compensated by the sinecure office of searcher of the port of strangford, with a patented salary of £ , a year for his own life and the lives of his two elder sons. he had thus altogether, besides his lucrative practice at the bar and his own estate, about £ , a year, together with the provost's house, while his eldest son was commissioner of accounts, with £ a year, and with the reversion of the second remembrancership of the exchequer, worth £ a year, and his second son had a troop of dragoons.[ ] "pranceriana" derives its title from "prancer," or "jack prance," the nickname which was given to the provost, "restorer of the art of dancing, and mighty prototype of prancing," from his effort to establish in the college a riding and dancing-school, in imitation of the oxford schools. "each college duty shall be done in dance, and hopeful students shall not walk, but prance." the articles were originally published in the _hibernian journal_ and _freeman's journal_,[ ] and the two volumes, which appeared in , were announced as "a collection of fugitive pieces published since the appointment of the present provost." the collection was dedicated to "j-n h-y h-n, doctor of laws, p.t.c., late major in the fourth regiment of horse, representative in the late and present parliament of the city of cork, one of his majesty's counsel at law, reversionary remembrancer of the exchequer, secretary of state, one of his majesty's most honourable privy council, and searcher, packer, and gauger of the port of strangford."[ ] it attacks the provost all round with every asperity; it mocks his want of learning by calling him "the potosi of erudition;" it makes fun of his riding and dancing-schools; and it ridicules his boasted college reforms. alluding to his efforts to banish card-playing there is the rhyme-- "you bag and baggage made them pack old whist, and slam that saucy jack, ombre, quadrille, pope joan, piquet, and brag and cribbage--cursed set." it is obliged to admit, however ungraciously, that the provost effected some improvements. he obtained from the erasmus smith board, of which he was treasurer, the £ a year for the oratory and composition premiums,[ ] as well as the £ , for building the theatre, which duigenan declares the college did not want. he established also the modern languages professorships, the latter-day english parliament treatment of which is such a curious passage in the history of the university. "pranceriana" admits, too, that by the provost the park was walled in,[ ] and that common rooms inside the walls, supplied with coffee and papers, were provided for the students; that "tardies" [i.e. returns of students as passing into college between and p.m.] were lessened, that "chapels" required to be attended by them were increased, and that the calling of examination rolls was finished by eight o'clock in the morning, the hours of the quarterly examination being at that time from to , a.m., and to , p.m. hutchinson was unquestionably very arbitrary and offensive in some of his regulations, but whether he was right or wrong he met the same cynical measure in "pranceriana."[ ] the "lachrymÆ," published in , was the work of dr. duigenan alone (see note b), and in it he gives full fling to his hatred of the provost. it is an able and envenomed indictment, and the author hits his victim with the utmost roughness. he accuses the provost of violating every clause of the provost's oath, and of being guilty of every possible abuse of his high office; he, moreover, defames dr. leland (see note c), and the other fellows who were or became civil and courteous to the provost. duigenan acknowledges that he set himself to be insolent to the provost; he tells what brave plans of defiance and revenge he formed, and how, after all, the provost punished him and put him down. the "lachrymæ" records all this in piquant and entertaining fashion; and, besides being damaging to the provost's character, it is interesting still as a sort of college calendar of the period, giving antiquarian information of much value concerning the administration, economies, and discipline of the college a hundred years ago. it begins with reciting the naked and unprincipled manoeuvre with sir john blacquiere, the chief secretary[ ] to lord lieutenant harcourt, by which hutchinson, a layman, was appointed provost, by virtue of the crown's dispensing with the statute which required the office to be filled by a doctor or bachelor in divinity. blacquiere's origin, duigenan says, was like the source of the nile, only to be guessed at, and blacquiere himself was insolent, illiterate, and avaricious. on the death of provost andrews, in , he recommended as his successor john hely hutchinson, who resigned in his patron's favour the office of alnager, which blacquiere ere long farmed out at £ , per annum. duigenan says that whilst the bargain was in agitation blacquiere represented the provostship as much more valuable than it was. he adds that hutchinson "complained loudly that he had been bitten," and that to make the best of a bad bargain he took in hands the college estate. henry flood was an eager candidate for the provostship, and was put off with a vice-treasurership, and a salary of £ , a year. blacquiere would have given him the provostship if he could have paid a higher price than hutchinson; and "he would have sold it to a chimney-sweeper if he had been the highest bidder." duigenan says that all he knew of flood was that he had been bought by blacquiere, but he had no doubt that he would have made a better provost than hutchinson.[ ] his disgust against hutchinson is so intense that it overrides his sour nationality and his jealousy for the rights of the body to which he belonged; and he declares that he would have preferred the appointment of an oxford or cambridge clergyman. in the _gazette_ announcement of hutchinson's appointment his "ll.d." was puffed, but duigenan strips the degree of all merit by explaining that it was only an "honorary" one--that it had no academic significance--that every member of the irish parliament had a customary right to it--that it had just been conferred on an ignorant carpenter, one john magill[ ]--and that, as the climax of the prostitution, he himself, duigenan, in his capacity of regins professor of civil law, had officially presented blacquiere for the honour![ ] non-fellow, unlearned, and layman as he was, hutchinson got the provostship, and he was not long in finding out that the constitution of the college afforded a sphere for energy which precisely suited him. by the "new statutes," i.e., the charter and statutes drawn up by archbishop laud, the provost possessed, or was supposed traditionally to possess,[ ] almost absolutely, the management of the college estates, the disposal of its revenues, the nomination of fellows and scholars, and the power of rewarding and punishing fellows and scholars. the choice of parliamentary representatives for the university rested--not as since the reform act, with the registered masters of arts and ex scholars at large--with the corporate body of the fellows and scholars for the time being, all of whom were in a great degree subject to the statutable powers and underhand influence of the provost. the body consisted of twenty-two fellows and seventy scholars. the college was the only asylum in the kingdom for friendless merit, and duigenan knew five contemporary bishops who had been fellows.[ ] all its usefulness and all its glories were swept away by the appointment of "mr."--for he would not call him dr.--hutchinson. duigenan explains that it took five years' hard study to get a fellowship; that the juniors were subject to incessant toil and irksome bondage as tutors, and that their single compensating prospect was co-option. the income of the juniors was only £ a year, but the seniors at that time handed over to them the pupils to help their scanty maintenances.[ ] the "natives' places" were held by scholars who were irish born, and who succeeded to the places by seniority and diligent attendance on college duties. sizarships were given by nomination, the provost claiming eight nominations to one of each of the senior fellows, the previous system of election by examination having been superseded by hutchinson. there was not one of these departments in which, according to duigenan, provost hely hutchinson did not traffic--and duigenan's statements are borne out by the evidence before the parliamentary committee.[ ] it was the same with "non-coing," i.e., allowing money in lieu of commons in the hall; the same in the matter of chambers, the same in regard of leaves of absence, the same in regard of fines, and the same in everything. in all these matters benefits were given to those who would vote for the provost's sons, and rights were refused to those who would not so vote. the fellows in those days used to have to purchase their rooms from the college--they could be compelled by the provost to attend the lectures of the professors, and duigenan says that the provost once ordered him to leave the law courts to attend one of these lectures. fellows had the right of visiting the students' rooms--they used to chum together--they used to be allowed to borrow money from the college, and under this arrangement duigenan owed £ , while leland and others owed more. from the time of the "glorious revolution" none but fellows had ever been made provosts, although during that period five provosts had been appointed. dr. andrew's fellowship was a sort of excuse for appointing him, although he was a layman; and duigenan, in calculating the pecuniary losses which he sustained through hutchinson, intimates that a similar dispensation might have been exercised towards himself if in due course he had succeeded to his senior fellowship. these losses he sets down at £ , actual, and £ , on the calculation of contingencies. the provostship was worth £ , a year, besides a splendid residence. a senior-fellowship, we are told, was worth £ a year; a junior-fellowship, including pupils, £ ; scholars had free commons, and there were thirty native places, with £ a year each additional; the beadle of the university had £ a year; the porters £ a year, with clothes and food in the hall. on an average two fellowships became vacant every three years. all these particulars duigenan gives, and they all are made to serve as counts in his indictment of the provost. hutchinson had the college estates surveyed, and duigenan makes a grievous complaint of this proceeding. he says the survey cost the college two thousand pounds, and that it was an iniquitous device for raising the college rents upon improvements that had been effected by the tenants.[ ] he declares that from the rent-raising there resulted beggary, discontent, and emigration. the renewal fines were divided into nine parts, of which two went to the provost, and one to each of the seven seniors. in the year , the fines were transferred to the college account, and the senior fellows were compensated out of the "cista communis."[ ] the "lachrymÆ" tells how the provost got the large old college plate melted down, and turned into a modern service, destroying the engraved coats-of-arms and names of the donors, at an expense to the college of £ .[ ] he soon after had it moved out to palmerston house, and duigenan does not seem to feel at all sure about its honest return. most of the fellows were in the provost's power by being married, and duigenan says that he used the power tyrannically.[ ] a fellow going out on a living was allowed only five months' benefit of salary.[ ] duigenan seems to hold the provost responsible for the "mean and decayed" condition of the chapel, and he more than once rails at him for being of mean parentage.[ ] he finds that since the time of charles i. no provost, except hutchinson and his predecessor, had ever sat in the house of commons. he is obliged to admit that dr. andrews' conduct in private life was somewhat too loose and unguarded for a provost; but still he was better than hutchinson, though he was told that the latter was a good husband and father. mr. hutchinson might be a good husband and father, "but no one would think the better of a wolf because the beast was kind to its mate and cubs." hutchinson had destroyed the seclusion and retirement of the college by infesting its walks and gardens with his wife, adult daughters, infant children with nurses and go-carts, and military officers on prancing horses. he had endeavoured to institute a riding-school and a professorship of horsemanship after the example of oxford, and he had desecrated the convocation or senate hall by making it a fencing-school. duelling had become the fashion among the students under the influence of the provost's evil example, and the college park was made the ground for pistol practice.[ ] we are told further by duigenan that the number of students then on the college books was , of whom were intern.[ ] we see by the _liber munerum hiberniæ_ that by the number of students had so much increased, consequently on the liberal education spirit of grattan's parliament, that a king's letter was obtained raising the quarterly examination days from two to four. in the following year was the king's letter directing the admission of catholics to degrees on taking the oath of abjuration and allegiance, in accordance with the act of the irish parliament, and in appears the first "r. c." entry (thomas fitzgerald, of limerick) on the college matriculation books. from that date onward the religious denomination of pupils has always been recorded. "pranceriana," i.e., probably duigenan, asserts that the provost, on the eve of the second election in which his son was returned, offered to supply to a voter amongst the candidates for fellowship a copy of the questions which he was to give in moral science for the ensuing examinations;[ ] and duigenan openly says that the provost was determined that no one should be elected a scholar who would not previously promise to vote as he should direct him. he kept an electioneering agent inside the walls, a spy and a corrupter,--"in short, the blacquiere of mr. hutchison." duigenan gives a long list of the provost's insolences to himself and to other members of the body. he resisted marriage dispensations to the fellows who were his opponents, while he procured them for his creatures--leland and dabzac. on the death of shewbridge the fellow, which was attributed to hutchison's refusing him leave to go to the country for change of air, the students defied the provost's order for a private interment at o'clock in the morning. they had the bell rung, had a night burial and a torchlight procession, attended the funeral in mourning, and afterwards broke into the provost's house. in the first year of his office the provost dispersed a meeting of the scholars and some of the fellows that was held by advertisement at ryan's in fownes-street, "the principal tavern in the city," for the purpose of nominating candidates for the representation of the university against the provost's nominees. duigenan goes on to relate how hutchinson discharged the various duties of the high office which he had acquired by the traffic above stated. he made an exhibition of his ignorance at a fellowship examination by suggesting that alexander the great died in the time of the peloponessian war; but ridiculous a figure as he made in the scholarship and fellowship examinations, he would not withdraw from them, because unless he examined he could not vote or nominate at the election of the scholars and fellows. this nomination power was with him a darling object in the execution of his electioneering projects of making the college a family borough, and he abstained from no methods to effectuate his scheme. we are told at length how the provost, with the consent of a majority of the board, deprived berwick of his scholarship for absence, because berwick would not vote for his son, and how the visitors, on appeal, restored him.[ ] how he deprived mr. gamble of the buttery clerkship, and replaced him, on the threat of an appeal, suggested and drawn up by duigenan. how the provost refused mr. fitzgerald, a fellow, leave to accompany his sick wife to the country, and tried to provoke fitzgerald's hot temper. the provost's cruelties and injuries to duigenan himself knew no limits. he says, that for the purpose of keeping him from being co-opted, the provost had the board registry falsified, that he set the porters to watch him, that he persecuted him, and mulcted him in the buttery books, for sleeping out of college without leave. he relates that he was attacked by the provost's gang, and was obliged in consequence to wear arms; and that, finally, hutchinson compelled him to go out on the laws' professorship on a salary which was raised to £ a year.[ ] the "lachrymæ academicæ" shows how duigenan spent the leisure hours of his enforced retirement. it was dedicated to king george iii. duigenan had "dragged this cacus (the provost) from his den," and he appealed to the duke of gloucester as chancellor, and to the archbishops of armagh and dublin as visitors, to rescue the college out of the hands of this worse than vandalic destroyer, this molten calf, and pasteboard goliath. as this remedy might fail, from the uncertainty of all events in this world, duigenan pointed out two other remedies, the application of which lay with the king. one was to have the provost's patent voided by a _scire facias_, and the other was to deprive him of all power, authority, or revenue in the college, during his life. his authority was to be transferred to the board, and his revenue to be appropriated to pay for the new building. these suggestions were not adopted, but the _lachrymæ_ did not by any means fall still-born from the press. it produced a powerful sensation within the walls and in outer circles. on the th of july it was censured by the board in the following resolution:-- "whereas, a pamphlet hath lately been published in the city of dublin, with the title of "lachrymæ academicæ," to which the name of patrick duigenan, ll.d., is prefixed as author, traducing the character of the right honourable the provost and some respectable fellows of this society, and misrepresenting and vilifying the conduct of the said provost and fellows, and the government of the said college, without regard to truth or decency. "resolved by the provost and senior fellows that the author and publishers of the said pamphlet shall be prosecuted in the course of law, and that orders to that purpose be given to the law agent of the college. "ordered that the said resolution be published in the english and irish newspapers."--[_extract from college register, july , ._] the censure was officially published in the _dublin journal_, and in _saunders' news letter_; whereupon duigenan inserted in the _freeman_ the following advertisement:-- "whereas, a false and malicious advertisement has been inserted in the _dublin journal_, and in _saunders' news letter_, containing a resolution of the board of trinity college, dublin, relative to a book written and published by me, entitled, 'lachrymæ academicæ; or, the present deplorable state of the college of the holy and undivided trinity, of queen elizabeth, near dublin.' it is necessary to inform the public that the said resolution was carried at the board by the votes of drs. leland, dabzac, wilson, and forsayeth (the very same persons who voted for the unstatutable deprivation of mr. berwick), against the opinions of mr. clement, the vice-provost, of dr. murray, and dr. kearney. it is also necessary to observe that three of these gentlemen who voted for the above resolution are persons whom i have declared my intention, in my book, of accusing, before the visitors, of having committed unstatutable crimes; which intention i shall most certainly execute.[ ] and i do hereby pledge myself to the public that i will effectually prosecute at law every one of the junto for the said scurrilous advertisement, and the resolution therein contained. "pat. duigenan, "chancery lane, july st, ." "n.b.--dr. murray signed the said advertisement officially as registrar of the college, who is obliged to sign resolutions of the majority of the board. he strenuously opposed the resolution therein contained, and the insertion of it in the public prints." besides these board proceedings, the "lachrymæ" led to a plentiful crop of litigation in the courts. in michaelmas term, , in the king's bench, serjeant wood moved for an information against duigenan at the suit of the provost on account of the defamation in the "lachrymæ," and the application was granted. the same time barry yelverton, on the part of dr. arthur browne, fellow, and member for the university, moved for an information against the _hibernian journal_, and fitzgibbon moved for informations against two persons for challenging duigenan. applications granted. in counsellors smith, burgh, &c., showed cause on behalf of dr. duigenan against making absolute the rule for information against the "lachrymæ," when judge robinson dismissed the case, saying that it had already taken up fifteen days of the public time, and that he "left the school to its own correctors."[ ] in , duigenan insulted the provost in the four courts, and the provost, disdaining duigenan, called upon tisdall to make him responsible for his follower's conduct. he told tisdall to consider that he had insulted him with a view to provoke a challenge. this was the occasion on which duigenan threatened to bulge the provost's eye. tisdall at once applied for an information against him in the king's bench. seventeen counsel were engaged in the cause. hutchinson argued his own case before the court with consummate ability. he delivered a most masterly speech, and offered an apology for calling tisdall an old scoundrel and an old rascal. he did not recollect having used these expressions, but if he did use them, it was out of court. he referred pathetically to all the annoyance and ridicule that he was undergoing by pamphlets and in the public press; and he excused his appearing in his own defence by the circumstance that his lawyers were harassed in attendance on the six different suits promoted against him on very unaccountable motives. the court of king's bench made the rule against him absolute, but the proceedings collapsed in consequence of tisdall's death.[ ] duigenan says that hutchinson was once publicly chastised by a gentleman whom he had affronted, but we have no other account of the circumstance. duigenan makes out that he was a coward as well as a tyrant and impostor, and he compares him to "cacofogo," the usurer in beaumont and fletcher's play. in , the provost supported grattan in the regency bill, and in the motions connected with it. for this he was liable to be dismissed from the lucrative offices which he held under the crown, and to save himself from this penalty he signed the "round robin" of the twenty peers and thirty-seven commoners who were in a similar predicament. this famous instrument which was drawn up in the provost's house, pledged the co-signers to stand or fall together, and bound them as a body "to make government impossible" if the viceroy, lord buckingham, were to venture to punish any of them. fitzgibbon, then attorney-general, mercilessly crushed and humbled the "parliamentary whiteboys;" he made the synagogue of satan come and worship before his feet,[ ] and the most abject of the recreants was the provost.[ ] to secure the control of the parliamentary representation of the university was, as has been said, one of hutchinson's dearest plans. the pursuit of it led him, according to all accounts, into some of his most dishonourable and vindictive actions, and after all he won but temporary and chequered success in the ambitious experiment. in the prosecution of these election aims, the provost stuck at nothing. he had agents and emissaries everywhere; and through them as well as by his own direct efforts he instituted an all-pervading system of corruption. he knew how to make subtle but palpable advances to the voters that were under his eye, and to tamper at the same time with their friends and parents at a distance. he ransacked every department of academic life so as to be expert at turning the whole system of collegiate rewards and punishments into an organised instrumentality for bribery. all the emoluments, rewards, and conveniences of the college were reserved for those who promised their vote to the provost, and all the obsolete and vexatious disciplines were enforced against those who were disposed to assert their independence in exercising the franchise. by an unscrupulous use of both his patronage, and his powers as returning officer, he was enabled to get two of his sons returned for the university, but he saw powerful and damaging petitions against both of them. in , he returned his eldest son richard against tisdall, the attorney-general. tisdall lodged a petition in june, which the house ordered to be considered in july, but before that day the parliament was prorogued, and did not meet again till october in the following year. meanwhile, tisdall died; the petition was moved by madden and king, and ultimately, in march, , the select committee unseated hutchinson. john fitzgibbon conducted the petition, and thereby established his position as a lawyer. he was elected for the university in hutchinson's room, and the foundation of his coming greatness was laid.[ ] richard hutchinson, it maybe observed, fell back on sligo, to which he had been elected at the same time that he was elected for the university, and where he seems to have escaped another petition by choosing the university constituency. in the debate as to whether a new writ should be issued for sligo, in , the provost took a forward part, and bewailed that he "was forced to go there out of his sick bed to defend his son." the gravamina of the college petition of were almost identical with those of the petition of , and while parliament was unseating the provost's son, the court of common pleas was dealing with the provost himself. the rev. edward berwick, whose case is related in the "lachrymæ," took an action against the returning officer for refusing his vote. the court, overruling the provost's objection, made an order that the plaintiff should have liberty to inspect all the college books that could be of use to him in his suit. the verdict was against the defendant, without costs.[ ] after the disastrous parliamentary petition of , the provost took no family part in the college elections until the year , when his second son francis was returned. his return led to a parliamentary inquiry; and the case, which is fully reported, is a very interesting passage in the history of the college and of hutchinson.[ ] the committee, consisting of fourteen members, besides the chairman, w. burston, esq., was chosen on the th day of feb., , and on it sat, amongst the others, the hon. arthur wesley (duke of wellington), right hon. lord edward fitzgerald, and right hon. denis daly. there were two petitions, one by laurence parsons, esq., the defeated candidate, and the other by some scholars and other electors of the borough. the sitting member was the hon. francis hely hutchinson, and the returning officer was his father the provost. there was a powerful bar. beresford burston, michael smith (afterwards master of the rolls), peter burrowes, and william conyngham plunket, were for the petitioners; tankerville chamberlain (afterwards judge of the queen's bench), and luke fox (afterwards judge), were for the sitting member; and robert boyd (afterwards judge of king's bench), and denis george, recorder of dublin (and afterwards baron of the exchequer), were for the provost. the total constituency was , and out of these " and no more" tendered their votes. arthur browne was returned at the head of the poll by votes, parsons had , and hutchinson . the provost, on the scrutiny, reduced browne's votes to , parsons' to , and his son's to , thus returning his son by a majority of two over parsons. against this return the petitioners set forth that the provost received for his son the votes of several persons who had no right to vote; that he refused for parsons the votes of several who were legally entitled to vote; that on the scrutiny, he received illegal evidence; that he acted as agent for his son, and by undue means procured votes for him; that he exerted his prerogative antecedently to the election for the purpose of illegally influencing the electors; and that by illegal and partial scrutiny he reduced the number of the votes for parsons below the number of the votes for his son. burston stated the case, and referred to the election of , when the provost's eldest son was unseated for undue influence. he gave numerous instances of the provost's abuse of his powers in the matters of "non-coing" and leaves of absence. he complained of his rejecting votes on the ground of minority on the evidence chiefly of the matriculation-book. amongst the witnesses examined were the very rev. wensley bond, sch., , dean of ross; g. miller, fellow (and afterwards master of armagh royal school); william magee, fellow and junior dean (and afterwards archbishop of dublin); toomy, a scholar (and afterwards professor of medicine); dr. marsh, fellow, and registrar of the college; whitly stokes, fellow (and afterwards professor of physic), &c. &c. the examination of the witnesses brought out a great many curious and interesting facts relative to college men and college administration a hundred years ago. for instance, mr. fox, in arguing against the right of scholars, being minors, to vote, referred to the election of , when alexander macaulay, dean swift's nominee,[ ] was elected against philip tisdall; and when the election was set aside by the house of commons on account of the vote of mr. sullivan[ ] (afterwards professor of laws), who, being elected a fellow at nineteen years of age in , was a minor when he voted. plunket and smith argued on the other side that scholars, being minors, were entitled to their votes, and that these votes were allowed in the contested election of , when lord clonmel ran french against the attorney general, tisdall, on account of the latter's hesitancy about the octennial bill. it was argued further that the matriculation-book was not legal evidence as to age, inasmuch as "boys without any sanction gave in their ages older than they really were, from a desire to be thought men." finally, the committee resolved unanimously that fellows and scholars, though minors, have a right to vote for members to represent the university. mr. miller[ ] deposed that he was applied to by the provost for his vote, and that he was offered a copy of the provost's fellowship examination questions in morality,[ ] "an advantage," said burrowes, "which would have made a docile parrot appear superior to sir isaac newton." three of the senior fellows voted for hutchinson at the election. toomey, a scholar, was a catholic, and refused to vote because the junior fellows could prove that he was a catholic, and would take his pupils from him. he would not conform, although the provost's eldest son pressed him, and told him that his own ancestors were catholics and had conformed, and that he himself would be a catholic if he lived in a catholic country. toomey knew that casey, a scholar, was a catholic, and that he was chapel roll-keeper, attended college chapel twenty times a week, and partook of the sacrament. toomey "did not vote at the election because his vote would be of no use as he was a roman catholic."[ ] james hely, a scholar, was a catholic in limerick, and had conformed in st. werburgh's church, in dublin, to the rev. mr. l'estrange, curate. the petitioners strove to disqualify hely "for popery," but his conformity was admitted by the committee. mr. graves, fellow (afterwards professor of divinity and dean of ardagh), had voted for hutchinson, and he believed that the provost did declare to the senior fellows that he would nominate him to the fellowship even against the majority of the board. dr. hales' pupils were worth £ or £ a year to him;[ ] and on his resignation the provost claimed the power of distributing his pupils amongst the other fellows. hales had sixty or seventy pupils. fellow-commoners paid £ , pensioners £ , per annum. it was deposed by another witness that the provost nominated mr. ussher to a fellowship in --and it is so stated in the calendar--although he had but two votes amongst the senior fellows, and those two were drs. kearney and barrett. mr. magee, junior dean, stated, that after his election to fellowship he was desirous to go to the bar, and that the dispensation was prevented by the provost. shortly before the election, however, the provost offered to obtain the dispensation for him, with commons money and the usual allowance, if he would either vote for hutchinson or go out of the way. magee declined both proposals, and lost the dispensation; but probably he got on as well in the church as he would have succeeded at the bar. in the course of mr. magee's examination the following passage occurred: "counsel--is not dr. fitzgerald a warm man? magee--there are other warm men in college besides dr. fitzgerald. counsel--i perceive there are." mr. toomy, a scholar of the house, acknowledged that he was a catholic. he told about "regulators' places" for sizars, worth about £ a year, and about "natives' places" for scholars worth the same, and the electioneering use which the provost made of these appointments. mr. stordy, the college clerk, told a great deal about the system of "non-coing." a scholar's non-co was worth £ a year, and a fellow's was worth, for one half year, s. d. a week, and for the other half, s. d. a week, or about £ a year. dr. marsh, senior fellow, was twice refused leave of absence by the provost. the provost gave the vice-chancellor's rooms to his own supporters. a scholar could have leave for thirty-two days, and a fellow for sixty-three.[ ] by yelverton's act, trinity college students could be called to the bar three years before non-graduates. mr. whitley stokes, fellow, gave instances of the provost's partiality at the election. mr. fox opened the case for the sitting member, and maintained that there was no instance of undue influence, and he was followed by mr. boyd on the part of the provost. then mr. plunkett spoke to evidence, against the provost and the sitting member. the recorder replied for the provost in very eulogistic terms, mentioning his seven under-graduate premiums, his college reforms, improvements, &c. he disparaged the made-up arithmetical evidence of miller and magee, and was followed by mr. chamberlaine for the sitting member. mr. burrowes closed the argument in a very eloquent speech, which was as severe on the provost as the "lachrymæ" or "pranceriana" was. it is noticeable, by the way, that duigenan took no part in the petitions, and that he was neither employed in the case nor even named in the examination. burrowes said that miller's rejection of the provost's offer of his questions was "a moral miracle." it was miller's third attempt for fellowship. burrowes "lamented the necessity of the odious investigation which exposed to public view the disgraceful and disastrous state of the university--condoning the undue influence would make the college as corrupt as any pot-walloping borough--the university would be shortly depopulated, and its only remaining trace would be the octennial convention of an unresisted provost, and unresisting electors, to return suitable representatives to parliament, and celebrate the festival of banished literature and vanquished public spirit. the decay of the university in such an event, would be desirable; its honours ought to be a brand of disgrace in society, and the contaminated scholar ought to become a despised and abandoned citizen." burrowes was full of pride and loyalty for the old place. he was himself an ex-scholar,[ ] as were also amongst the lawyers in the case beresford burston, plunket, smith, fox, and boyd; and he was jealous for the honour of the academic prize. "some of the most important officers in the state," he exclaimed, "are filled by men who were scholars of the university; in the learned professions the most eminent men have in their youth been scholars. the most respectable divines, the most eminent lawyers, a considerable number of the judges of the land, have been scholars. every individual of the eight lawyers[ ] who appeared before this committee have been scholars of the university."[ ] burrowes closed his speech:--"i sit down assured you cannot pronounce the honourable francis hely hutchison to have been duly elected." forty-one witnesses were produced by the petitioners, of whom ten were fellows and thirteen scholars. the hutchisons produced six witnesses--no fellow, one scholar, and a lady. the committee sat from the th february to the th march, when, by a majority of one, including the double vote of the chairman, it resolved (wellington and lord e. fitzgerald voting in the minority) "that the hon. francis hely hutchinson had made use of no undue influence; that he was duly elected a burgess to represent the university in the present parliament; and that the provost, as returning officer of the university, acted legally and impartially at and before the election." perhaps the most significant fact evolved by the investigation was that some of the scholars were catholics, the statutes and the anglican sacrament notwithstanding. there was no reserve in the statement, and no remark on it was made by any member of committee.[ ] the point was not brought forward in the petition, nor pressed by any of the council, except in the case of one scholar, whose conformity was accepted by the committee. in fact the "popery" seems to have been taken quite as an understood thing,[ ] and this coincides entirely with the famous declaration of fitzgibbon. in , speaking on gardiner's bill, in the irish house of commons, as member for the university, he asserted that "the university of dublin was already open, by connivance, and that no religious conformity was required." it is not easy to reconcile this with the then existing regulations for students as well as for scholars, and in that debate the provost did not speak exactly in this strain. on the contrary, he lamented that the religious disabilities did exist, and he was urgent for a king's letter to give the catholics equality in the university, under a theological professor of their own.[ ] that debate, it may be noticed, is memorable for the cordial and consenting speeches of the provost and of the two members for the university, hussey burgh and fitzgibbon. they all were in favour of catholic relief, especially in the matter of education, and they all would have opened the college freely and liberally to catholics. it was in this debate that hussey burgh protested against the irish bishops' practice of ordaining men on scotch degrees. the provost warmly thanked burgh for sustaining the right and the dignity of the university. he said that the number of yearly degrees had risen from to , and that trinity college graduates could be supplied for as many curacies as had the legal allowance of £ a year.[ ] plunket was very indignant at the miserable bribery and corruption that were administered by the provost, but he had not a word to say against the deeper and wider corruption that was ingrained in the sectarian exclusiveness of the constitution of the place. how could he say anything, being himself in the same condemnation? he was the son of a unitarian minister;[ ] and is said to have lived and died an unitarian, and still he was a scholar of the house. in , a very able pamphlet, suggested by provost hutchison's despotic _regime_, was published anonymously, entitled: "an inquiry how far the provost of trinity college, dublin, is invested with a negative on the proceedings of the senior fellows by the charter and statutes of the college." the pamphlet is traditionally ascribed to the rev. g. miller, f.t.c.d., who gave such important evidence before the parliamentary committee; and, substantially, it is based upon the arbitrary acts of the provost, which were brought out before the committee, and which are more fully stated in the "lachrymæ" and "pranceriana." the "enquiry" asserts that the provost claimed and exerted a negative upon all board proceedings; and that in the election of fellows and scholars he had not only a negative but a final affirmative. the writer maintains that this, although the traditional, was not the true sense of the statutes; and that by the statutes the provost had no greater power than the head of any other corporation. he argues very closely and clearly to this purpose in regard of elections especially, from the grammatical meaning of "_unâ cum_" and "_cum_;" and he shows that what the statute requires is merely the _presence_ of the provost, and that then, like the rest, he is bound by a majority decision. the writer is more subtle and less convincing in his solution of the last clause of the statute beginning "_quod si primo_."[ ] mr. miller submitted a statement of the case for legal opinion, and obtained opinions supporting his own view from sir william scott (lord stowel), sir michael smith, (baron of the exchequer and master of the rolls), edward law (lord ellenborough), arthur wolfe (lord kilwarden, lord chief justice), and others. the three questions were: ( ) had the provost an absolute negative on board proceedings? ( ) was he concluded by the concurring votes of five senior fellows? ( ) could he nominate fellows and scholars to the exclusion of a candidate by a majority of the electors? the first and third were answered in the negative; and the second in the affirmative by all the lawyers.[ ] while all these people were amusing themselves anatomising the provost, he was not by any means silent on his own side. besides his speeches in parliament and his utterances at the privy council and at the board, he had recourse to the public press. he sent a vindication of himself to the _hibernian journal_, which duigenan says was the beginning of all the writing. the provost also published by leathley, bookseller to the university, a pamphlet entitled, "regulations made in trinity college since the appointment of the provost," and "pranceriana" says that the unlucky pamphlet was withdrawn promptly after the attack made upon it in the _hibernian_. it was for this attack that the provost had the editor of the journal, mr. james mills, ducked under the college pump. this smashing article is no. in the "pranceriana collection," and it certainly is a notable piece of criticism. it was attributed to the pen of malone, the editor of "shakespeare." it is, perhaps, worth mentioning here, that as the college library was without a copy of the provost's book until the year , so it was without a copy of "pranceriana" until the year . _trinitas incuriosa suorum!_ the copy of the "pranceriana" in the library is the second edition, , with the appendix of . all the foregoing testimonies are damaging to the provost's memory; but it is only fair to remember that all of them are the utterances of men who were his envious and unscrupulous personal enemies. in some respects john hely hutchinson was bad enough, but the most abiding charge against him is that of greediness and place-traffic; and in this transgression it is probable that he only sinned more deeply than most of the public men around him. he certainly was audacious in his demands, but he was a king in jobbery. what duigenan does not at all account for is, how hutchinson was able to drive all these flourishing bargains, and to hold such high place under various administrations and in the teeth of combining rivalries--and still this is a circumstance that ought, biographically, to be accounted for. the etiology is supplied in other contemporary sources, written in a more discerning spirit--and it is this, that the provost was a man of immense ability, and of rare personal ascendency. he possessed, moreover, in a signal degree, the undaunted personal courage which, as mentioned further on,[ ] was inherited by his sons and grandson; although duigenan, who was himself very much of the bob acre type, refuses him even this credit, and mocks his sham duels.[ ] he knew how to make himself both dreaded and desired by the government, for he could be either its greatest help or its most formidable opponent. he knew the men he had to deal with, and he dealt with them according to the knowledge. we have descriptions of the provost in many contemporary works, and these descriptions, while they make no secret of his rapacity, present a strong reverse side to the "pranceriana" picture.[ ] thus hardy[ ] says: "john hely hutchinson, father to the earl of donoughmore and lord hutchinson, introduced a classical idiom into the house of commons. no member was ever more extolled than he was on his first appearance there. he opposed government on almost every question, but his opposition was of no long continuance. as an orator his expression was fluent, easy, and lively; his wit fertile and abundant; his invective admirable, not so much from any particular energy of temperament or diction, as from being always unclogged with anything superfluous, or which could at all diminish the justness and brilliancy of its colouring. it ran along with the feelings of the house and never went beyond them.... the consequence of this assumed calmness was that he never was stopped.... the members for a long time remembered his satire, and the objects of it seldom forgave it.... in his personal contests with mr. flood (and in the more early part of their parliamentary careers they were engaged in many) he is supposed to have had the advantage.... to flood's anger, hutchinson opposed the powers of ridicule; to his strength he opposed refinement; to the weight of his oratory an easy, flexible ingenuity, nice discrimination, and graceful appeal to the passions. as the debate ran high, flood's eloquence alternately displayed austere reasoning and tempestuous reproof; its colours were chaste but gloomy; hutchinson's, on the contrary, were of 'those which april wears,' bright, various, and transitory; but it was a vernal evening after a storm, and he was esteemed the most successful because he was the most pleasing.... mr. gerrard hamilton (than whom a better judge of public speaking has seldom been seen) observed that in his support of government hutchinson had always something to say which gratified the house. 'he can go out in all weathers, and as a debater is therefore inestimable.' he had attended much to the stage, and in his younger days he lived on great habits of intimacy with quin, who admired his talents and improved his elocution.... he never recommended a bad measure, nor appeared a champion for british interest in preference to that of his own country. he was not awed into silence; he supported the octennial bill, the free trade bill, and the catholic bill.... his acceptance of the provostship of trinity college was an unwise step.... after a long enjoyment of parliamentary fame it was then said that he was no speaker, and after the most lucrative practice at the bar that he was no lawyer.... his country thought far otherwise, and his reputation as a man of genius, and an active, well-informed statesman, remained undiminished to the last. he left the opposition in , and took the prime serjeancy.... in private life he was amiable, and in the several duties of father and husband most exemplary. in , on the debate about the prince of wales's regency, grattan opposing the administration was supported with great ability by hutchinson, then secretary of state. in the lords, lord donoughmore took the same side. in , in the debate on langrishe's bill for the restoration of the elective franchise to irish catholics, hutchinson's two sons (francis [?], afterwards lord donoughmore, and the one afterwards lord hutchinson) voted in the minority with the patriots." the _gentleman's magazine_ ( ) says that he was a wondrously gifted man and one of the most remarkable persons that this country ever produced. at the same time it calls him a rank courtier, and recites most of the "pranceriana" and "lachrymæ" tattle against him. grattan and grattan's son held a very high opinion both of his genius and of his fidelity to the interests of ireland. both of the grattans, on the other hand, had a horror of duigenan, as a truculent and coarse vulgarian. it is in grattan's "life" that we are told about duigenan's threatening in the law courts to "bulge the provost's eye," and it is there that curran's epigram on duigenan's oratory is preserved.[ ] grattan says that hutchinson supported every honest measure--all the main and essential ones, such as the claim of right, free trade, the catholic bills, reform, and the pension bill. "_he was the servant of many governments, but he was an irishman notwithstanding._" he possessed greater power of satire than any man of his day, and grattan quotes horace walpole's anecdote about his habit of annoying rigby and the government when he wanted to make himself disagreeable to them. at other times he was immensely useful to the government. grattan considered that his chief fault was want of openness and directness of character, together with love of self-advancement. he was an enthusiastic admirer of grattan, and took a prominent part in demanding for him the national presentation in . taylor[ ] says that hutchinson was a very effective provost, that he restored the discipline of the place, and that to him the university owes the improvement of the modern languages professorships. taylor adds that he was a man of an enlightened mind and extended views, and that it is now admitted his views were consonant with the best principles of education. lord north knew hutchinson's peculiarity well, and he said that "if england and ireland were given to him he would want the isle of man for a potato garden." the duke of rutland, lord lieutenant here in , formed a similar estimate, when he wrote that "the provost had always some object in view, and that his objects were not generally marked with the character of moderation and humility."[ ] dr. wills[ ] gives provost hely hutchinson a very high place amongst the eminent men of the country, and mentions his eloquence and college reforms as well as his greed. even mr. froude,[ ] who vastly dislikes himself and his sons, is constrained to call him the "able and brilliant hely hutchinson," and to tell of his "meridian splendour." he quotes lord lieutenant townshend's statement that he was "the most popular man in parliament to conduct a debate." the famous colonel isaac barrè,[ ] who, as he got scholarship in , was a college class-fellow of hutchinson, gives the following description of him in :--"when the army augmentation bill was introduced by tom connoly, it was opposed by sexten pery on constitutional grounds, and by the attorney general (tisdall) on grounds that left him free to support the bill afterwards if it were his interest to do so.[ ] "the prime serjeant (hutchinson)" says barrè "was not so prudent[ ] (as tisdall), and opposed it in a long, languid speech, full of false calculations; among the rest this curious one, that adding £ , per annum to the national expense was, in fact, adding a million to its debt, and that the nation, in the next session, would be £ , , in debt. if all this is true, how will he have the impudence to support this measure hereafter? but, indeed, he has contradicted himself three or four times in the course of this session upon this subject.[ ] he talks now of being dismissed. his profit by his employment is trifling, not above three or four hundred a year.[ ] "he is personally disliked, a mean gambler--not one great point in him--and exceedingly unpopular in this country. i must tell you a short anecdote which put him very much out of temper. the day after the first division he came to council in a hackney chair, which happened, unluckily, to be no. (the number of the majority). a young officer at the castle wrote under the number of the chair, "court" in large characters, and at the top a coronet was drawn.[ ] "he denied positively in the beginning of his speech, any bargain or terms proposed by him at the castle, but was not believed.... as far as i am able to judge," continues barrè, "this country is manageable easily enough. the prevailing faction exists only by your want of system in england. they have no abilities, and their present and only friend, hutchinson (for tisdall is quite broken), cannot be depended on for a moment." in the last volume (vol. viii.) of the "historical manuscripts report" we find some very interesting mentions of hutchinson in the letters that passed between "single speech" hamilton and edmund sexten pery. both of these eminent men entertained a high opinion of, and a sincere personal regard for, the provost. in , hamilton, who was chancellor of the irish exchequer, and had been chief secretary to two lord lieutenants (lords halifax and northumberland) wrote to pery, the speaker[ ] of the house:--"as long as you and andrews and hutchinson are in being and business, ireland will never want attractions sufficient to make me prefer it to a situation of 'more splendour and greater influence.'" two years later, hamilton wrote to pery about the collapse of the negotiations for his resigning the exchequer chancellorship in hutchinson's favour, and begged that hutchinson would not again require him to sacrifice his own solid and substantial interests. another letter, dated , says that flood was eagerly canvassing for the post, and that hutchinson was discontented. the chancellorship was not given to either of the rivals--it was given to foster, who was afterwards speaker; and hutchinson accordingly failed to score a second triumph over "the generous-minded, ornamental, sonorous-voiced henry flood, who was eclipsing his meridian splendour."[ ] in the corporation of dublin petitioned the provost and board for a free education for the son of the deceased patriot, dr. lucas. the college authorities responded in a literal spirit, and generously granted to the lad not only a remission of fees, but free rooms and free commons as well.[ ] in , were published the "commercial restraints," which in its original shape was, a contribution to lord lieutenant buckinghamshire as to the best method of extricating the country from its discontent and troubles. froude says (vol. ii., p. ), that it was the most important of all the opinions gathered by the viceroy, and that it earned hutchinson's pardon from irish patriotism for his subserviency to the court and lord townshend. the work is an extremely able review of the whole history and condition of our native irish trade and industries, and it is as loyal in its nationality as it is able. it is the only specimen we have to show us the provost as a writer and as an economist, and it certainly secures him a high place in these two estimates. in this aspect the work possesses a great biographical value, inasmuch as it serves to complete the likeness of the provost, and the complement which it supplies falls in line with the best features of the original. although his sentences are often slovenly and sometimes ungrammatical, he could write forcibly and clearly, as well as speak persuasively and rhetorically; he could make facts and figures deliver their lesson; he could summon up the ghost of the past to illustrate and enforce the duties of the present; he could enwrap a message of peace in a mantle of warning; and when no selfish interest intervened he could fling his sword into the scale that was freighted with his country's welfare. during hutchinson's provostship his excellency the lord lieutenant, lord buckinghamshire, went in state to the university, and was received at the entrance of the old hall by the provost and fellows. at his entrance, dr. kearney made an eloquent oration; at the printing office, where h. e. was entertained with a view of the artists, another oration was delivered by mr. hutchinson, youngest (?) son of the provost; at the anatomy and philosophical rooms addresses were delivered by the hon. dr. decourcy, son of lord kinsale, and the hon. mr. jones, son of lord ranelagh. thence he went to the library, where an excellent oration was made by dr. leland, the librarian, orator, and professor. h. e. afterwards dined in the new hall with the provost and fellows, and numbers of the nobility and gentry. the elegance of the entertainment cannot be described, and is imagined to stand the college in no less than £ .[ ] in a visitation by lord chancellor lord clare as vice-chancellor, and dr. fowler, archbishop of dublin, was held in the new theatre, at the instance of the provost, in reference to the complaint of mr. allen of having been unjustly kept out of fellowship in . the visitors ruled that the question was not open to discussion, in consequence of the length of time which had elapsed. the provost then brought forward his claim to the negative power over the proceedings of the board, and was replied to by drs. kearney and brown. the provost argued from the statutes and especially from the _unâ cum præposito_ clauses, and spoke for three hours and a half with great ability. mr. miller spoke on behalf of the junior fellows, touching their right to retain the emoluments of their pupils when they went out on livings. miller was rebuked by the chancellor for accusing the provost of wanting to turn the disposal of pupils into a matter of patronage. the rev. mr. burrowes and mr. magee spoke on the same side. magee was personal, and on the provost's protest the chancellor stopped him. the visitors declined to decide whether the provost has an arbitrary election negative at the election of fellows and scholars; they ruled that the provost has the power of disposing of pupils; and that he is bound by the majority of the board. the lord chancellor bewailed the internal dissensions, alluded to his "own education in the college, and declared that there was not another university in europe better calculated for the great purposes of promoting virtue and learning." the visitation lasted three days. in , hutchinson saw the gardiner-hobart catholic relief bill carried, and three days after, the th of february, he saw the house of parliament burned. on the st of march following sir john blacquiere repaid the university for its honorary degree by moving the thanks of the house to the college students for their spirited exertions in extinguishing the fire; and by suggesting that in acknowledgment of the daring bravery of the youths their old privilege of right of admission to the gallery should be restored to them. mr. hutchinson, the member for the university, acknowledged the compliment with becoming pride and dignity. the provost's last reported appearance in parliament was on the th of july, , when he spoke in support of the bill for the charitable musical society. in the previous month, on one of the militia bills, he defended his son francis from a rebuke of mr. secretary hobart, though he voted against the son. in that his last session, he saw carried--and along with grattan, forbes, yelverton, gardiner, and the other liberals helped to carry--the place, pensions, barren land, and india trade acts. he introduced the bills for the parliament grant of £ , to establish the college botanical gardens, and he earnestly supported knox's bill for admitting catholics to parliament. he presided at the board of trinity college for the last time on the th of august this same year. his health was giving way, and his old enemy, the gout, was prevailing against him. in the political side of his career hutchinson saw a wondrous change in the meaning and method of irish parliamentary life. when he began ( ) to take part in public affairs, the irish parliament was at about its lowest level of degradation. having been abolished by cromwell and re-created by charles ii., it had become from the time of the restoration little else than an office for registering and levying the english orders for pensions and salaries, and for passing the money bills. poyning's act and the th of george i. were in such active operation that the government asserted the power of originating and altering the money bills, and that anthony malone was dismissed first from the prime serjeancy and later from the exchequer chancellorship for denying his right. a few years later, lord lieutenant townshend, came over here for the express purpose of smashing the irish junto, and he smashed it by the simple process of taking the bribery into his own hands,[ ] and making it, what sir arthur wellesley[ ] forty years after found it, an english state department.[ ] he was so indignant with the commons for rejecting an altered money bill that he entered a protest on the lords' journal and prorogued the parliament.[ ] down to hutchinson's time the lord lieutenants were absentees, and the lords justices were the centre of the junto of "undertakers" who undertook to the english government to manage business here--i.e. "their own business"--on their own conditions. in the national senate there was no national or intellectual life, and scarcely a name has survived in history. there are no reports of debates until the year ; for over years scarcely a single important measure was passed;[ ] place holders in parliament were multiplied, and the pension and salary lists increased in proportion.[ ] to lessen the balance available for this bribery, the surplus revenue was expended in local and private jobs.[ ] the mutiny act was perpetual; parliaments ran for the monarch's life, judges held at pleasure, catholics were debarred the franchise and education; anglican state protestantism was built up by cruelty and crime, complaints of grievances were met by commendations of the charter schools, and the trade and industries of the country were suffered, without remonstrance, to lie strangled under the jealous and grasping commercial restraints imposed by the english parliament. all these things hely hutchinson saw when he first looked out on the field of irish administration; and before he died he saw most of these reproaches swept away by the operation of the courage, and intellect, and vigour which, contemporaneously with himself, found their way into the commons house. sexten pery was a few years before him, and "sexten pery," says grattan, "was the original fountain of all the good that befell ireland." flood entered parliament the same year as hutchinson, hussey burgh, and gardiner a few years later, and then came yelverton and grattan, and by the power of these resolute anti-englishers the face of the country was changed. they found ireland a child, and they watched her growth from infancy to arms, and from arms to liberty. they led the volunteers to victory, and wrung back a portion of the people's rights from the frightened oppressor.[ ] to this change hutchinson directly, and still more indirectly, contributed. he quickened the parliamentary tone, and lifted its level. he was the father of the cultivated style of oratory which henceforward characterised the debates; he was the best debater in the house, and, after grattan, the finest speaker. he could patriotise, and he could philippise; and whether he patriotised or philippised, he did it formidably and efficiently. he was venal, but he feared no man's face; he was a ready-money voter, but he could go out in all weathers. he trafficked, without satiety, in patents and sinecures for himself and his sons, but he insisted on free trade for ireland.[ ] take him for all in all, and the first john hely hutchinson certainly presents a very rare combination of striking features. he was a representative man of a remarkable age, and he sprung out of the conditions of a period which he very much helped to mould. he was endowed with leading abilities, and was disfigured by hideous blemishes. from an humble start in life he made his way to the high places of the field, and, without any surroundings, he raised himself to be a living power in the state. he was mighty in speech, in courage, in council, and in achievement; and he could be craven, vindictive, corrupting, and paltry. in invective he was unequalled; and he was more sorely scorched by ridicule and rebuke than any man of his day. he lived in perpetual discords and in endless schemes, and the success which, in the main, followed him was chequered by bitter defeats and mortifications. he enjoyed a splendid fortune, maintained a lordly style, and wielded vast influence, and not a single generous action is recorded of him. negligent of learning, he became the head of the university in one of its periods of peculiar brilliancy, and, having for twenty years drawn its revenues and exploited its resources, he is not named in its list of benefactors. he reared a numerous, affectionate, gifted, and successful family, and he founded a peerage.[ ] however unprincipled hutchinson was in his bargainings with the castle, he was often sound and straight on national and catholic questions. he was an enthusiastic admirer of grattan, and, on essential matters touching the interests and dignity of the country, he gave grattan a cordial and effective support. the proudest passage in his life was the day ( th april, ) when, as principal secretary of state, he read out to the irish parliament the king's message, practically conceding independence.[ ] there is not in anglo-irish history another event of equal grandeur; and hely hutchinson's provostship for ever and inseparably connects the college with the climax of a triumph over english arrogance and obstinacy which, in the main, was won by a phalanx of her own sons when the prince of all the land led them on.[ ] * * * * * the will of "john hely hutchinson, his majesty's principal secretary of state," made in --proved and probate granted in november, , by the right worshipful patrick duigenan, doctor of laws, commissary, and so forth, is in the public record office. there are seven codicils of various dates, down to the year of the provost's death. he says that no man ever had better or more dutiful and affectionate children--god bless them all--and amongst them he left £ , to each of his two eldest daughters, with per cent. interest, and £ , to each of the two younger. he left £ , to his son francis, as engaged at the time of his marriage, and to his sons john, abraham, christopher, and lorenzo £ , each; £ to jane, eldest daughter of his worthy friend, dr. wilson. if any children should die before , or marriage, their share was to go amongst the younger children, but so as no younger child was to have more than £ , on the whole. all his real and personal estate,[ ] subject to the foregoing legacies, he left to his dearly-beloved son, lord donoughmore, his sole executor. he was to raise the portions of the two younger daughters to £ , , if the estate could afford it. his office in the port of strangford he considered part of his personal estate, having purchased it with the knowledge and at the desire of the irish government;[ ] and he included it in the bequest to lord donoughmore for the lives in being. in a codicil ( ) he bequeathed £ each to john, and to abraham and christopher while they shall continue at the temple. later codicils mention that some of these sums had been paid in full, and the legacies were accordingly revoked. he left his books on morality, divinity, and poetry to abraham, the law books to francis, and the rest of his books to john. in a codicil of , he left to abraham "whose health is delicate," £ a year till he shall obtain a net income of £ yearly by some ecclesiastical preferment, this being in addition to the former legacy.[ ] to his butler he left £ a year, and to another servant £ . he desired his manuscript essay towards a history of the college[ ] to be published, being first perused by his son, lord donoughmore.[ ] he directed his body to be opened, and to be laid by his late dear wife. * * * * * the following will which laid the foundation of the fortunes of the family is also in the public record office:-- "the last will and testament of richard hutchinson of knocklofty, in the county of tipperary, esq. whereas i have this day executed a deed, whereby it appears that there are several sums now affecting my estate, and amounting in the whole to the sum of ten thousand nine hundred and fifty-two pounds four shillings and a farthing; and whereas ann mauzy, widow, and lewis mauzy, her son, have agreed to accept the sum of four thousand pounds in lieu of all their claims and demands. now it is my will that such personal fortune as i now, or at the time of my death shall be possessed of shall be applied, in the first place, towards paying and discharging such sums of money as john hely hutchinson, esq., shall think proper to pay the said ann mauzy, provided the same does not exceed the said sum of four thousand pounds; and the rest and residue of my personal estate and fortune if anything shall remain, i bequeath to my beloved niece, christian hely hutchinson. "witness my hand and seal, this fourth day of august, one thousand seven hundred and fifty-seven. "richard hutchinson." notes. note a. page x. the hutchinson family. the provost left six sons and four daughters. five of the sons took degrees in the university, viz.:-- richard hely--on an oxford ad eundem--b.a. , m.a. , ll.b. and ll.d. . francis hely--b.a. , m.a. . christopher hely--b.a. . abraham hely--b.a. , m.a. ; and lorenzo hely--b.a. . richard hely, the eldest son, and the first lord donoughmore, was a commissioner of accounts, second remembrancer, chief commissioner of excise, commissioner of customs, commissioner of stamps, and postmaster-general. in , he was elected simultaneously representative for sligo and for the university (against the attorney-general, philip tisdall), and chose the latter. he was unseated by parliamentary committee as not duly elected; and, in , he was re-elected for sligo without a new writ. in the university he was replaced by john fitzgibbon (earl of clare). in he was m.p. for taghmon. in , he succeeded to the title, on the death of his mother, and served in the upper house, while his father and his two brothers were in the commons. in , according to the custom of the times, he raised a regiment, and got the command of it for his celebrated brother john. francis hely was returned for the university in the election of . in the following year took place the celebrated petition against his return, which is related in page xlii, &c. in , he was member for naas, and was re-elected in , on having been appointed to the office of collector for the port of dublin. in , on the debate on receiving the catholic petition in connection with langrishe's bill for giving, or giving back, the franchise, &c., to the catholics, mr. froude says that: "francis hutchinson, the provost's second son, soared into nationalist rhetoric. 'when the pride of britain was humbled in the dust,' he said, 'her enemies led captive the brightest jewel of the imperial crown torn from her diadem, at the moment when the combined fleets of the two great catholic powers of europe threatened a descent upon our coasts, from whom did we derive our protection then?'... 'we found it in the support of three millions of our fellow-citizens, in the spirit of our national character--in the virtue of our catholic brethren.' the motion for the petition was lost by votes to , and langrishe's bill was carried."--[_english in ireland_, vol. iii., p. .] sir jonah barrington, in his "personal sketches." tells of the duel which francis had at donnybrook with lord mountmorris in , in which his lordship was wounded. christopher hely was called to the bar, but never much relished the profession, being altogether of a military turn. in he was elected member for taghmon, county wexford, in the irish parliament on his father's death; and after the union he represented cork city in the imperial parliament. he was escheator of the province of munster. he was an earnest champion of the catholic claims, as were also his father and brothers; he was a thorough supporter of the liberal policy of lord lieutenant fitzwilliam; he mistrusted lord lieutenant camden and pitt, and he opposed the union scheme. he is, however, far more celebrated as a soldier than as a lawyer or politician, and in he resigned his seat. he adored his brother john, rivalled his brilliant courage, and served under him and with him at home and abroad with great distinction. he joined him in ireland as a volunteer on the breaking out of the disturbances in ; but both of the brothers speedily got disgusted with the odious work, as did cornwallis, and moore, and abercrombie, and lake, and every other high-minded soldier, including colin campbell, afterwards in the tithe war. john soon got ordered off to flanders, under abercrombie, to fight the french; and thither christopher followed him, and was wounded at the battle of alkmar. christopher followed john also to egypt, and afterwards on his mission to st. petersburgh, and to berlin. christopher, on his own account, fought in the russian ranks against the french, and was badly wounded by benningsen's side at the battle of eylau, in . he fought also at the battle of friedland. he died at hampsted in --[_suppl. biog. univer._] it is worth noticing that this invaluable biographical dictionary makes a mistake in regard of the castlebar battle in , and a mistake of a kind that is not usual in french historians in affairs that concern the military glory of france. at castlebar the french were victorious, and the hutchinsons and the english troops were defeated disgracefully. the _biog. univer._, however, under "_christophe elie hutchinson cinquième fils de jean elie hutchinson, prevot de l'universite de dublin_," says: "_il eut part a l'affaire de castlebar et fit prisonniers les deux generaux francais lafontaine et sorrazin au moment ou environnè par leur corps il se croyait et devoit se croire perdu, et s'acquit ainsi l'estime de general en chef lord cornwallis_." the writer confounds castlebar with ballinamuck. abraham hely was commissioner of customs, and port duties, according to the lib. mun. and sir bernard burke; and a clergyman, according to his father's will. lorenzo hely took holy orders. besides these five the provost had a son--his second born-- john hely hutchinson, the most distinguished of all. he was born in , and entered the army in , the year in which his father was made provost. in he became m.p. for taghmon, county wexford, on his brother richard's call to the upper house, and in he became member for cork city (the father going to taghmon), and continued so until the union. in , in the debate on receiving the catholic petition, "prominent amongst their (catholic) champions was colonel hutchinson, the provost's son, who inherited his father's eloquence without his shrewdness. he talked the liberal cant of the day, which may be compared instructively with the modern papal syllabus."--[_froude_, vol. iii., p. .] mr. froude cannot have read this speech. it is a fervid denunciation of the penal laws, and of their cruelties and mischief; and it does not "talk either liberal cant or papal syllabus." colonel hutchinson's two speeches on the petition and on langrishe's bill, even as summarised in the irish parliamentary report, are enlightened, able, and eloquent oratory. he was for complete emancipation. his liberal address to the cork constituency, in , is given by plowden. hutchinson was an enthusiastic admirer of lafayette, and of his ardent principles of popular liberty. when in paris he attached himself closely to the general, and served on his personal staff. during the troubles of he was employed here at the head of his brother's regiment, under abercrombie. he sat in the irish parliament in , and voted for the union!--[_webb, and barrington's "black list."_] he commanded against the french at castlebar, and he shared in the humiliating defeat which humbert's handful of men, supported by a body of irish peasantry, inflicted on the royal army. hutchinson was unable to stay the panic. his troops, which had signalised and enervated themselves by their licentious brutalities on a defenceless population, broke and fled--as abercrombie foretold they would do--before the enemy. their rout was as complete as it was disgraceful, and the barbarities which they committed on their retreat were diabolical. hutchinson afterwards had the satisfaction of taking part in the affair at ballinamuck, county longford, where the french, including generals humbert, sorrazin, and la fontaine, laid down their arms.--[_cornwallis's correspondence_, vol. ii., p. ; _knight's history of england_, vol. vii., p. ; _haverty's history of ireland_, p. ; _and bishop stock's narrative of killala_.] hutchinson left the sickening irish scenes, along with abercrombie, for flanders, in the duke of york's expedition. after that he accompanied abercrombie to egypt as second in command, and on his death at aboukir he succeeded as chief. he was reinforced from home, and by sir david baird's expeditionary contingent from india, took alexandria and cairo, and drove menou and the french out of egypt. for these distinguished achievements he was created lord hutchinson of alexandria and knocklofty; and, notwithstanding these achievements, he was never again employed in war service by the english government. he made no secret of his anti-toryism, and this was enough to ensure his rejection by a government that selected the chathams and burrards. lord hutchinson was afterwards employed on some high diplomatic commissions at st. petersburg and berlin, and in these his independence of judgment was not altogether palatable to the london authorities. in , on the death of his eldest brother, he succeeded to the donoughmore title and estates, which, on his death without issue, in , passed to his nephew, the third peer, better known as "lavalette hutchinson." this john hely hutchinson, the third of the name, was born in wexford, in . having served through the waterloo campaign, he was, on the allied occupation of paris, in , quartered there as captain of the first regiment of grenadiers of the guards. while there, in , he, together with lieutenant bruce of his own regiment, and the celebrated sir r. wilson, effected lavalette's escape from france, after his deliverance from the conciergerie by the romantic devotion and bravery of his wife. the three friends were prosecuted in paris for this violation of the law. they declined to insist on their right of having half the jury english, and trusted themselves entirely to the honour of the frenchmen. they admitted what was charged against them, and were condemned in the mild sentence of three months' imprisonment, and the costs of the prosecution. captain hutchinson, on the trial, told how he had lodged lavalette in his own chambers for one night, supplied him with an english officer's costume from a paris tailor, procured passes, and on horseback escorted to the frontier lavalette, who was in a carriage with wilson. he was willing to give a distinct answer to any fair question about himself, but he peremptorily refused to say anything that would compromise anyone else. he declared that there was not a particle of political animus in the adventure. the french historians tell how the chivalrous young irishman's exploit was applauded by the whole nation, and how, on the trial, his manly and gracious bearing captured the court, which had to find him guilty of the deed that he acknowledged and related. sir r. wilson had been aide-de-camp to hutchinson's uncle the general. [_biog. des contemp. and the accusation, examination, and trial of wilson, hutchinson, and bruce._] captain hutchinson succeeded to the title in . he lived and died at palmerston, and in chapelizod church a memorial tablet is erected to him, with the following inscription:--"sacred to the memory of john hely hutchinson, third earl of donoughmore, knight of st. patrick, lord lieutenant of the county of tipperary, and a privy councillor, having served his country in the peninsular war and the senate; and his country in troublous times. he died on the th of september, , in the th year of his age, loved, respected, and regretted by all who knew him. this tablet has been erected in the church where he usually worshipped to record his many virtues by his widow." in chapelizod churchyard there is a tombstone inscribed: "beneath this stone rest the earthly remains of mrs. hely hutchinson; departed this life st june, , aged years. between the provost and his four sons they represented, for over years, constituencies, and besides this, one was in the irish and english, and another in the english house of lords. the names of the provost and of his son richard are on the roll of the irish m.p.'s ( - ) which dr. ingram has had framed and hung up in the fagel wing of the college library. the present lord donoughmore, who is sixth in descent from the provost, was one of the european commission for organising eastern roumelia under the berlin treaty, and he is also the originator of the lords' committee of inquiry on the irish land act. his lordship's father, in , moved the second reading of lord dufferin's liberal "leasing powers, and landlord and tenant bills;" and in he made an able speech in the house of lords on the grievances of the officers of the east india company's army. he had previously served as a soldier with distinction in the east, and was always listened to with deserved attention by the peers.--[_lord dufferin's speeches and addresses._] note b. page xxi. dr. leland. duigenan's disparaging mention of dr. leland is one of the most spiteful and unjust of his utterances. there does not seem to be any proof that leland was guilty of any academic disloyalty in being or becoming friendly to the provost, and outside this indictment the celebrity of his varied intellectual distinctions added greatly to the lustre and dignity of the college. he was probably the best classical scholar of the country; he was an eloquent and popular preacher, constantly advocating the charities of the city, and although he did not contribute to either _baratariana_ or _pranceriana_ he was the most learned irish author of the period. dr. thomas leland was born in dublin in , and was educated in sheridan's famous school in capel-street. he entered college in , got scholarship in , and fellowship in . in he was appointed southwell lecturer in st. werburgh's church. he was erasmus smith professor of oratory and modern history in the university, librarian, chaplain to lord lieutenant townshend, prebendary of st. patrick's cathedral, and rector of rathmichael, which living he exchanged for st. anne's, dublin, with the vicar, dr. benjamin domville barrington. in he resigned his senior fellowship and retired on ardstraw, which he held by dispensation along with st. anne's until his death, in . he was a vehement opposer of pluralists until he became himself a pluralist. he published a "translation of demosthenes," "the history of philip of macedon," and "the history of ireland" in three volumes, quarto. this last-named history is really a work of very superior merit. leland supported the english in the spirit of primate boulter; and like delany, he may have hunted for a bishopric from the english government; but as a historian, he gave an honest and able record. no one need set out more fairly and forcibly the rapacity of our irish reformationists, the frauds of strafford, and the barbarities of cromwell. his book was furthermore quite a novelty in regard of fresh material, and would be almost worth re-editing. after leland's death three volumes of his sermons were published, by subscription, by m'kenzie of dame-street, and the list of subscribers contains the names of provost hutchinson, the vice-provost, many of the fellows, the library, bishops, judges, peers, members of parliament, and most of the celebrities of the day, but it does not contain the name of patrick duigenan. concerning the "history of ireland," leland's greatest work, we see by the recently-issued historical manuscripts commission report, that it was charles o'connor of belanagare, the then most capable recordist of ireland, who moved him ( ) to undertake it "because he has abilities and philosophy equal to the task." o'connor writes again, that "we undoubtedly have [in trinity college library], by dr. leland's care, the best collection of old annals now in these islands. that learned and worthy gentleman has made me free of the college library." in another letter o'connor says: "dr. leland is now librarian, and promises me a warm room and all the liberty i can require relative to the college mss., which are now a noble collection, indeed." it was charles o'connor who made lord lyttleton and dr. leland acquainted with each other, and we do not find it recorded that the english peer was of any service to the irish scholar, although dr. leland generously supplied his lordship with valuable historical information for his history of henry ii.; and that, when he himself was engaged in describing the same events in his own work.--[see _life_ prefixed to sermons, and vol. viii. of _hist. man. com. reports_, , p. .] dr. johnston had a high regard for dr. leland, and he wrote to him a letter of personal thanks for the dublin university's honorary ll.d. in . johnston complained to o'connor that leland "begins his history too late," and that he should have been more exact in regard of "the times, for such there were, when ireland was the school of the west, the quiet habitation of sanctity and literature." it was the chance mention of leland's history that drew from johnston the indignant exclamation "the irish are in a most unnatural state, for we see there the minority prevailing over the majority. there is no instance, even in the ten persecutions, of such severity as that which the protestants of ireland have exercised against the catholics."--[_boswell._] in the _anthologia hibernica_ for march, , vol. i., p. , there is a notice of leland which sharply disparages his "history of ireland." the notice is otherwise friendly and appreciative, and it quotes dr. parr's eulogy on dr. leland. his "history of ireland" closes with the surrender of limerick in , and hutchinson was correct in stating ("letter ," p. , _ante_) that ireland had no professed historian of its own since that era, and that history furnished very imperfect and often partial views of her affairs. note c. page xxi. dr. duigenan. dr. patrick duigenan, more familiarly termed "paddy," was one of the most remarkable men enumerated in the list of the fellows of trinity college. he was the son of the master of st. bride's parish school, and, doubtless, he received his early education in the school which, in his father's days, was kept first in golden-lane and afterwards in little ship-street. in allusion to this, watty coxe's journal twits him with the diploma of "st. bride's college." from st. bride's parish school the lad patrick was sent to st. patrick's cathedral school, then presided over by mr. sheills (or shiel), and thence in the year he entered trinity college, as a sizar. whether he obtained the sizarship by competition or by nomination we do not find recorded; but _quocunque modo_ a sizar he entered, and next to him on the form sat another sizar stripling, barry yelverton, afterwards an usher in buck's school in north king-street, and subsequently lord chief baron and lord avonmore.[ ] in , duigenan obtained scholarship; in , fellowship; and in , he retired on the professorship of laws, having been, in fact, turned out by provost hutchinson. he was m.p. for armagh, king's advocate-general, privy councillor, vicar-general, and judge of the prerogative court. he was a blustering and honest man; a fanatical anti-catholic and a fierce unionist, and he is accordingly hero-worshipped by mr. froude. he was a hanger-on, first of philip tisdall, and then of lord clare. wills, in his "distinguished irishmen," says that duigenan was the son of the parish clerk of st. werburgh's; and dr. madden, in his "united irishmen," gives a letter saying the same, and that the father died a catholic. there is no foundation for either of these assertions. hugh duigenan, the father, died st. bride's parish schoolmaster, and he, as well as his wife priscilla, was buried in st. bride's churchyard. it is said in the "life of curran" that duigenan once avowed in the house of commons that he was the son of a parish clerk, and if so the father must have held that office in derry before he came to dublin. dr. maddens contributor says that duigenan was appointed to st. bride's school through the influence of fitzgibbon, the father of lord clare. this is quite probable, as the fitzgibbons lived in the parish--in stephen-street, and many of the family were baptised in the church and buried in the graveyard. there may be truth in the tradition that the father was originally a catholic and conformed. grattan says that duigenan was educated for the roman catholic priesthood; that he was a hanger-on of tisdall: that his manner of speaking resembled that of a mob-man in the last stage of agony; and curran said his "_oratory was like the unrolling of a mummy, nothing but old bones and rotten rags_," and that he had a vicious way of "gnawing the names of papists." he was employed by castlereagh to administer the union bribe of a million and a half, and in he was employed by sir arthur wellesley, then chief secretary, to negotiate about the charter schools and the irish protestant bishops.[ ] he was also one of the public record commissioners. his first wife was a miss cusack, a catholic, and to her, in regard of religious matters he was most indulgent. this was the only instance of toleration that duigenan was ever known to show. in he supported toler's (lord norbury) indemnity bill, freeing all who in had committed illegal acts against the people. it must have cost him some trouble of mind when, as vicar-general in , he had to license dr. betagh's catholic school in fishamble-street, as well as some other catholic schools, in obedience to gardiner's catholic relief act of the previous year. his second wife was the widow of hepenstal, the "walking gallows." duigenan died at sandymount in , and bequeathed his fortune to his first wife's nephew, baron smith. it was a brave thing of duigenan when he had become a prominent man to go and reside in chancery-lane amongst the lawyers, within a stone's throw of the lane in which he was reared as a poor boy; and it was not less brave of him to be a liberal subscriber to st. bride's parish school. he was not ashamed to look back at the rock whence he was hewn. very few parvenus have this sort of nobility. note d. page lxxiv. the life-long competition between fitzgibbon and grattan was so individual and so keen, and commenced so early, that the following quotations from the college books, now for the first time given, will probably be interesting. can any other university produce a corresponding record? the two splendid rivals, it will be remembered, carried far into public life their early friendship. fitzgibbon was as earnest as grattan for irish parliamentary independence. he was one of grattan's most fervid eulogists, and it was grattan that got him made attorney-general in . their first serious difference was on the navigation act in ; three years later they fell out finally on the regency bill. extracts from the matriculation book, t.c.d. " . "john fitzgibbon, f.c., june th (next class). educated by mr. ball. tutor--mr. law. class begins july th, . "brought over to this class, with five others, john fitzgibbon, f.c. " . "henry grattan, f.c., nov. st, a.m. educated by dr. campbell. tutor--mr. law." these entries show that fitzgibbon and grattan entered college the same year, under the same college tutor, and that they were in the same class. they graduated in the same commencements. they were, moreover, in the same division, sitting within two of each other, fitzgibbon, from his earlier entrance, sitting above grattan in the hall. this proximity gives even a quicker interest to their neck and neck race, as detailed in the following record of their examination judgments:-- extracts from the examination book, t.c.d. " . "hilary term--junior freshmen. " st division--mr. stock, examiner. "mr. fitzgibbon, v.b. b. (i.e., valde bene and bene). "mr. grattan, v.b. in omnibus. præmium. "easter examinations, may, . " th division--mr. smyth, examiner. "mr. grattan, v.b. in omn. certificate. "names of scholars who missed (i.e., did not go in for) the examination. "mr. fitzgibbon. "trinity term. " st division--mr. connor, examiner. "mr. fitzgibbon, v.b., b. præmium. "mr. grattan, v.b. in omnibus. certificate. "remarkably diligent at greek lecture-- "mr. grattan. "michaelmas examinations, october th, . " st division--mr. connor, examiner. "mr. fitzgibbon, v.b. in omnibus. certificate. "mr. grattan, v.b., b. " . "hilary term examinations--senior freshmen. " st division--mr. smyth, examiner. "mr. fitzgibbon, v.b. in omn. præmium. "mr. grattan, v.b., b. "hilary term--senior freshmen. "mr. fitzgibbon, th. for g.l. "mr. grattan, th. for g.l. "easter term examinations, april, . " st division--mr. lucas, examiner. "mr. fitzgibbon, v.b. in omn. certificate. "mr. grattan, v.b. in omn. præmium. "trinity term examinations, june st, . " st division--mr. stock, examiner. "mr. grattan, senior, v.b. certificate. "missed the examination--mr. fitzgibbon. "easter and trinity terms--senior freshmen. "mr. fitzgibbon, th. for g.l. "mr. grattan, senior, th. for g.l. [n.b.--"th." means _thanks_, "rem. th." _remarkable thanks_, and "g.l." _greek_ and _latin_.] "michaelmas examinations, october st, . "mr. smyth, examiner. "log. math. gr. lat. th. "mr. fitzgibbon, v.b. in omnibus. certificate. "mr. grattan, senior, v.b., b. (in th.) "michaelmas term--junior sophisters. "mr. fitzgibbon, rem. th. for g.l. " . "christmas examinations (generally called 'hilary'), january th, . "junior sophisters--mr. law, examiner. "log. math. astr. phys. eth. gr. lat. th. "mr. fitzgibbon, v.b., optime in ethics. præmium. "mr. grattan, senior, v.b. in omnibus. "easter examinations, april th, . "mr. forsayeth, examiner. "mr. fitzgibbon, v.b., b. "mr. grattan, senior, v.b., b. ( blanks). "michaelmas term examinations (degree examination), october th, . "mr. forsayeth, examiner. "candidates. "mr. fitzgibbon, v.b., s.b., b. "mr. grattan, v.b. all through." this table of judgments bears out archbishop magee's statement in his funeral sermon on lord clare, that grattan was best in the first and fitzgibbon in the closing years of their college course; while grattan came to the front again at the degree examination. the table exhibits also the old system of awarding examination premiums in t.c.d.; and it shows the then curriculum in the sophister year. it shows also that fellow-commoners obtained their b.a. degree on a shortened academic course. grattan entered in november, , he answered for his degree in october, , i.e., at the close of his junior sophister year--and he took his b.a. in spring, . the matriculation book shows that fitzgibbon was educated at ball's famous school, under the old round tower, in great ship-street.[ ] grattan was educated in the same school along with fitzgibbon, and was removed from it shortly before entrance, as his "life" tells, and as the matriculation book also shows. fitzgibbon was born in , and, therefore, was only fourteen or fifteen years of age when he was collaring grattan, who was three years his senior. fitzgibbon was reared in his father's house,[ ] in stephen-street, and grattan was reared within a few yards of him, in his father's house in chancery-lane. in the same school, at the same time, were educated macaulay boyd, one of the reputed authors of junius' letters (son of alexander macaulay, who lived in great ship-street); sir samuel bradstreet, the steady patriot, who procured "habeas corpus" for ireland, and who lived in the same street; and john forbes, who lived in the same street with the fitzgibbons, was a thorough supporter of grattan, a forward champion of catholic claims, and the resolute and successful assailant of the pension list. the university conferred its ll.d. _honoris causâ_ on fitzgibbon--notwithstanding his anti-hutchinson performances. it had no honorary degree for grattan, and the loss is to its own muster-roll of fame. the name would have honoured and ennobled the register. note e. principal secretaries of state--called also principal secretaries of the council, and keepers of the privy signet or privy seal--from the restoration. , sir paul davys; , sir john davys; , sir r. southwell; , sir e. southwell and his son, , thomas carter (master of the rolls); , philip tisdall (attorney-general); , john hely hutchinson (provost, &c.); , lord glentworth; , hon. thomas pelham; , robert stewart (castlereagh); , charles abbott (afterwards speaker of english house of commons, and lord colchester.) irish chancellors of the exchequer. , william yorke--_vice_ anthony malone; , william gerard hamilton ("single speech"); , john foster (speaker, &c.); , sir john parnell; , isaac corry; , john foster; , sir john newport; , john foster; , wellesley pole; , william fitzgerald; , nicholas vansittart. speakers of the irish house of commons since the restoration. , sir audley mervin; , sir r. levinge, h.m.'s solicitor-general; , rt. hon. robert rochfort, attorney-general; , broderick allen; , hon. john forster; , rt. hon. wm. connolly; , sir ralph gore; , hon. henry boyle (lord shannon); , rt. hon. john ponsonby; , rt. hon. edmund sexton pery (lord pery); , rt. hon. john foster. chief secretaries to lord lieutenants. -------------------------------------------------------------------- _year._ | _chief secretary._ | _lord lieutenant._ ---------|----------------------------|----------------------------- . | sir e. southwell (also | duke of ormonde. | principal secretary of | | state). | | | . | joshua dawson. | lord pembroke. | | . | george bubb doddington | lord wharton. | (also clerk of the pells). | | | . | ---- southwell. | duke of ormonde again. | | . | sir john stanley. | duke of shrewsbury. | | . | thomas clutterbuck. | lord carteret. | | . | walter carey. | duke of dorset. | | . | edward walpole, and | duke of devonshire. | nicholas bonfoy. (this | | was the mr. walpole who | | had the escapade with the | | notorious letitia | | pilkington). | | | . | henry legg, and nicholas | do. do. | bonfoy. | | | . | lord duncannon and | do. do. | nicholas bonfoy, esq. | | | . | b. liddell (a cornish | lord chesterfield. | m.p.), and william bristow.| | | . | ---- wayte. | lord harrington. | | . | lord g. sackville (also | duke of dorset again. | clerk of the council, and | | keeper of phoenix park). | | | . | robert maxwell. | marquis of hartington. | | . | richard rigby (also master | duke of bedford. | of the rolls). | | | . | "single speech" hamilton | lord halifax. | (also chancellor of the | | exchequer). | | | . | hamilton again, and lord | lord northumberland. | drogheda. | | | . | edward thurlow. | lord weymouth, who did | | not come. | | . | lord beauchamp. | lord hertford. | | . | lord aug. hervey. | lord bristol (did not come). | | . | sir g., afterwards lord | marquis townshend. | mccartney (governor of | | madras), and lord fk. | | campbell. | | | . | sir john blacquiere (also | lord hartcourt. | alnager, and afterwards | | lord blacquiere). | | | . | sir rd. heron (his | lord buckinghamshire. | excellency's land agent; | | also searcher, packer, and | | gauger of the port of | | cork). | | | . | w. eden (afterwards lord | lord carlisle. | auckland). | | | . | colonel fitzpatrick. | duke of portland. | | " | lord grenville (also chief | lord temple, buckingham. | remembrancer, with £ , | | a year). | | | . | thomas pelham and william | lord northington. | wyndham. | | | . | thomas orde (afterwards | duke of rutland. | lord bolton). | | | . | alleyne fitzherbert | marquis of buckingham again. | (afterwards lord st. | | helens). | | | . | major hobart (afterwards | lord westmoreland. | lord buckinghamshire). | | | . | syl. douglas (lord | lord fitzwilliam. | glenbervie). | " | g. damer (afterwards lord | lord camden. | milton). t. pelham | | (afterwards lord | | chichester). | | | . | lord castlereagh. | lord cornwallis. | | . | charles abbott (afterwards}| | speaker of english house }| | of commons, and lord }| | colchester); w. wickham; }| | sir evan napean }| | (treasurer of irish }| lord hardwick. | exchequer); nicholas }| | vansittart (afterwards }| | lord bexley); charles long}| | (afterwards lord }| | farnborough). }| | | . | w. elliott. | duke of bedford. | | . | sir a. wellesley, robert }| | dundas (afterwards lord }| | melville), wellesley pole }| | (also chancellor of the }| duke of richmond. | irish exchequer, and }| | afterwards lord }| | maryborough). }| | | . | sir r. peel. | lord whitworth. | | . | charles grant (lord | lord talbot. | glenleg). | | | . | henry goulburn. | marquis wellesley. | | . | w. lamb (lord melbourne). | do. do. | | . | lord f. levenson gower | marquis of anglesey and duke | (lord ellesmere). | of northumberland. | | . | sir h. hardinge (afterwards| marquis of anglesey again. | lord hardinge). | | | " | edward stanley (lord | do. do. | derby). | | | . | cam hobhouse, e. j. | marquis of wellesley again. | littleton (lord hatherton.)| | | . | sir h. hardinge again. | lord haddington, and lord | | mulgrave, and lord fortescue. | | " | g. f. w. howard (lord | | carlisle). | | | . | lord elliott (earl st. | lord de grey. | germains). | | | . | sir thos. freemantle. | lord heytesbury. | | . | lord lincoln. | lord bessborough. | | " | henry labouchere. | do. do. | | . | sir william somerville. | lord clarendon. | | . | lord naas. | lord eglinton. | | . | sir john young. | lord st. germains. | | . | edward horsman, and hon. | lord carlisle. | h. herbert. | | | . | lord naas. | lord eglinton again. | | . | edward cardwell. | lord carlisle again. | | . | sir r. peel. | lord carlisle. | | . | do. do. | lord kimberley. | | . | chichester fortescue | do. do. | (afterwards lord | | carlingford). | | | . | lord naas (afterwards lord | duke of abercorn. | mayo). | | | . | chichester fortescue again.| lord spencer. | | . | marquis of hartington. | do. do. | | . | sir m. h. beach. | duke of abercorn again. | | . | james lowther. | duke of marlborough. | | . | w. e. forster. | lord cowper. -------------------------------------------------------------------- n.b.--it is instructive to note how very few of the here-mentioned eighty chief secretaries, the persons mainly entrusted with the government of the country for years, belonged to the country, or had any real knowledge of its condition and requirements. if the other kingdoms of the earth were administered on this principle, the "_quam parvâ sapientiâ_" would excite no astonishment. introduction. although this work was published anonymously, there never was any question as to who was its author. it was always known to be the production of provost hely hutchinson, and its first appearance was greeted with two different sorts of reception. it was burned by the common hangman so effectually, that mr. flood said he would give a thousand pounds for a copy and that the libraries of all the three branches of the legislature could not produce a copy[ ]--and at the same time it "earned mr. hely hutchinson's pardon from irish patriotism for his subserviency to the court and lord townshend."[ ] the book was the outcome of the stubborn inability of english rulers to interpret the face of this country; and the first sketch of the publication was the papers which the author contributed to lord lieutenant buckinghamshire in as to the cause of the existing ruin here and as to its cure. the purport of the letters was to exhibit, calmly and seriously, and as by a friend to both countries, the grievous oppressions which the greedy spirit of english trade inflicted on the commerce, industries, and manufactures of ireland during the century and a quarter that extended from the restoration of charles ii. to the rise of grattan. the author draws all his statements from the statute books and commons journals of both kingdoms, while he does not fail to support his own conclusions and comments by state papers and statistical returns that possess an authority equal to that of the statutes. he lays the whole length and breadth of the position steadily and searchingly before the viceroy's eyes. he shows him that the then state of ireland teemed with every circumstance of national poverty, while the country itself abounded in the conditions of national prosperity. of productiveness there was no lack; but land produce was greatly reduced in value; wool had fallen one half, wheat one third, black cattle in the same proportion, and hides in a much greater. there were no buyers, tenants were not to be found, landlords lost one fourth of their rents, merchants could do no business, and within two years over twenty thousand manufacturers in this city were disemployed, beggared, and supported by alms. all this was after a period of fourscore years of profound internal peace--and the question was, what was the cause of it? this is what the author sets himself to investigate in the letters, and in regard of sweep of survey, historic retrospect, statistical quotation, and close economic comment, the investigation leaves little to be desired. the provost is anxious, in the first place, to point out that it was not absentee rents, salaries, profits of offices, and pensions that caused the decline--and this forestalling admonition is no more than what might be expected from a man who was such an insatiable trafficker in places, and salaries, and profits, and pensions. he admits that these things made the decline more rapid, but a "more radical" cause was to be assigned for a malady that arose out of the constitution itself. he maintains that ireland was flourishing, prosperous, and wealthy under james and charles i., and that after the restoration it was one of the most improved and improving spots in europe. this is a somewhat poetical view, especially when we remember how strafford ruined the landowners and destroyed the wool trade; but wretched as was the condition of the people under the stuarts, it may have been less unendurable than the condition under "a succession of five excellent sovereigns." in truth, talking about the perpetually developed prosperity of the irish people under the several successions of english misrule is the very irony of pharisaism, although the recital is a stereotyped phrase of english officials from the tudor _employés_ down to those of our own days,[ ] none of whom ever fail to find "the strings of the irish harp all in tune." in some periods the distress may have been more intense than in others, and in all periods there were not wanting instances of individual aggrandisement--but the general wretchedness remained fast fixed. england has been a constant source of woe to ireland, and suffering is the badge of all our tribe. in any strict assize hutchinson would be laughed out of court for essaying to plead the wealth and prosperity of ireland directly after the devastations of the carews and mountjoys, after the desmond and ulster confiscations and evictions, and after the cromwellian atrocities. hutchinson knew quite well what the condition of the people was all through; but it suited him, rhetorically, to cut out a corner of the picture and to colour that corner very highly. graziers used to make a good thing of their cattle and of their wool, and economic returns of their exports showed pleasant balance sheets; but graziers were not the irish people any more than manchester is england now. in fact, they were chiefly english landowners here, and the extent of their exports is only the measure of the misery which they left unpitied and unrelieved. this, however, was not the philosophy which hutchinson wanted to preach; and he was far too clear-headed a man to make a mistake as to what he wanted to say. he accordingly lays hold on the figures that set off his argument, and out of fancy premises he draws a solid conclusion which in no sense needed such controvertible data. what was certain was that ireland possessed the conditions of prosperity, and that it teemed with actual poverty. the question was, what caused this contradiction? the answer was, england caused it; and this is the answer which hutchinson plainly and nakedly gives. in all the rest of his book--i.e. from letter iii. to the close--he sustains this thesis with a directness that cannot be gainsayed or resisted. having related the efforts of strafford--one of the most malignant enemies that ireland ever encountered--to crush the wool trade here in the time of charles i., hutchinson comes to the acts of the english under charles ii. and william iii. charles, so far as he could have a liking for anything outside his pleasures, had a liking for ireland; and william feeling that he had already done ireland wrong enough, was disposed at last to be merciful and liberal towards her; but both of the kings were overborne by their english parliaments. in , the english act "for encouragement of trade"! contained an insidious clause, imposing a penalty of £ on each head of irish cattle, and _s._ on each sheep imported into england between july and december. in , the "act against importing cattle from ireland and other places beyond seas, and fish taken by foreigners" was passed, and to annoy the king the importation was termed a "nuisance."[ ] this act was made perpetual by the "act of , prohibiting the importation of cattle from ireland." this latter act was not repealed until the th of george iii., when the permission was granted for seven years; the permission was made perpetual by the th of the same reign. carte[ ] relates at length and with an honest sympathy with ireland, the whole incident of - . he tells how the duke of ormond, who was then lord lieutenant here, together with his valiant son, lord ossory, strove manfully for this country, and how he prevailed with the king to delay the obnoxious measure. he mentions also ormond's noble enterprise in establishing at clonmel the flourishing walloon woollen manufactory. carte records likewise how, in , the dublin people, when scant of money by virtue of english jealousy, sent over a contribution of , fat oxen to feed the londoners who had suffered by the great fire, and how ungraciously the generous boon was received by the ill-mannered english victuallers and by their bribed spokesmen in high places.[ ] notwithstanding this benevolence of the irish people, the english persisted in ruining their cattle trade, and before the end of william's reign they passed a further law to ruin the irish woollen trade. this was in , and the long depression and degradation which resulted from it prove, says hutchinson, "this melancholy truth, that a country will sooner recover from the miseries and devastations occasioned by war, invasion, rebellion, and massacre, than from laws restraining the commerce, discouraging the manufactures, fettering the industry, and, above all, breaking the spirit of the people." this melancholy truth the provost goes on to illustrate and enforce, and he does this by reciting the facts from the beginning, and from year to year continually, as they are recorded in the journals of parliament. the restriction of the cattle trade in , when the people, in reliance on the continuance of the trade, had greatly increased their live-stocks, compelled the irish to develop their wool trade. they had been encouraged by their english rulers to devote their energies to this industry, because the "country was so fertile by nature, and so advantageously situated for trade and navigation." suddenly a bill was introduced into the english parliament in and passed in , restraining the exportation of woollen manufactures from ireland, and beseeching his majesty "in the most public and effectual way that may be, to declare to all his subjects of ireland, that the growth and increase of the woollen manufacture hath long, and will ever be, looked upon with jealousy by all his subjects of this [england] kingdom," and further "to enjoin all those he employed in ireland to make it their care and use their utmost diligence, to hinder the exportation of wool from ireland except to be imported hither [to england], and for the discouraging the woollen manufacture," &c. to this address king william gave the ever memorable reply: "_i shall do all that in me lies to discourage the woollen trade in ireland, and to encourage the linen manufacture there;[ ] and to promote the trade of england_;" and he wrote to the lords justices over here to have a measure to that effect passed in the irish parliament. the lords justices accordingly made "a quickening speech" to both houses; a bill for their acceptance was transmitted from the castle, and the irish parliament, in which the williamite influence was dominant, passed the measure that annihilated the industry and prosperity of their country.[ ] by this law an additional duty of twenty per cent. was imposed on broadcloth, and of ten per cent. on all new draperies except friezes; and the law which was enacted in january, , was to be in force for three years. this law, prohibitive as it was, did not, however, satisfy england. in the june of the same year the english parliament passed a perpetual law, not overtaxing but expressly prohibiting the exportation from ireland of all goods made of or mixed with wool, except to england and wales, and with the licence of the revenue commissioners. previous english acts had made the duties on the importation into england practically prohibitive, and therefore the last act operated as a suppression of exportation. the irish were already prevented from importing dye-stuffs from the colonies, and from exporting their woollen manufactures thither. what england wanted was, not a fair competition with ireland, but a monopoly; she was resolved to prevent ireland not merely from underselling her in foreign markets, but from selling there at all. the natural and actual result of this exorbitant greed was that the irish people were driven to have recourse to the method of "running the wool," i.e. smuggling it away to foreign markets. the severest penalties were enacted by the british legislature and by the irish house of commons against this practice, but they were enacted in vain. it was impossible to seal up a country of whose thirty-two counties nineteen are maritime and the rest washed by fine rivers that empty themselves into the sea. the wool running prevailed to an immense extent, and by means of it france, germany, and spain were able to undersell england in the foreign markets, and england lost millions of pounds by virtue of the irish contraband supplies. the market price of europe mocked the english importation duties, and more than defeated the prohibition. at last, in , after forty years of oppression here and loss to herself, england relaxed the severity of the restrictions, and as her own house of commons journal acknowledges, this relaxation was made for the benefit of the english woollen manufactures. for the twenty-three years that succeeded king william's pledge to ruin the best trade in this country, there is an unvaried record of the depression and misery of the irish people, and during all this period and in the face of all this acknowledgment, there was not even a proposal of any law, saving one about casks for butter and tallow, to encourage our manufactures, or to tolerate our trade, or to let the country revive. there was a native parliament here, and why did they exhibit this wondrous apathy? "because," says our author, "it was well understood by both houses of parliament that they had no power to remove those restraints which prohibited trade and discouraged manufactures, and that any application for that purpose would at that time have only offended the people on one side of the channel without bringing any relief to those on the other." in , the petition of the woollen weavers and clothiers of dublin forced from the lord lieutenant in his speech from the throne a recommendation to find out some employment for the poor, but neither petition nor speech produced any effect. from to the distress continued; in the latter year it was aggravated by a famine. the scarcity was caused not by any blight of the land produce, but by the despair of the farmers; for when exportation is prohibited, and the manufacturing class at home is without employment and without money to buy, farmers will abandon tillage and dearth must ensue. in a few years more there was another scarcity of food, and then the lord lieutenant congratulated the country on the success of the linen trade, and recommended the encouragement of tillage. nothing, however, was done to alter the conditions on which the improvement of the tillage depended, "because the commons said that the evil was out of their reach and that the poor were not employed because they were discouraged by restrictive laws from working up the materials of the country." thus matters went on from bad to worse until after the peace of , when there came an influx of money, by which the debt that had been contracted for england's jacobite war of was paid off in , and the result of this discharge was increased burdens on the country without any accompanying relief to commerce and industries. the treasury balance led, in , to a dispute as to the right of disposing of it between the king and the commons; and this dispute was the first beginning of parliamentary life in ireland.[ ] to get rid of the redundancy and to leave the less for english pensions and government salaries, works of local improvement were undertaken, and these undertakings, so far as they were carried out, helped to give employment and to stimulate agriculture. this, however, was but a partial and insufficient remedy for the universal distress, and small as it was, it was obtained against the will of the english government. no real relief was conferred on the country, and within a couple of years more the revenue fell off, and £ , was voted for the relief of the poor. in [ ] it was thought an amazing feat when pery carried his land carriage and coal acts; and then, in , came the augmentation of the army.[ ] on the breaking out of the spanish war, there was a fresh vote of credit, and still no relief to manufacturers or to agriculturists. this distress, caused by english-made laws, hutchinson points out, produced the white boys, and for the cure of this distress an increased attention to the charter schools was recommended. by the national debt had largely increased, while income had diminished, and in a couple of years more the linen trade was rapidly declining, while pensions and charges on the establishment were greatly increased. the provost dwells on the illustrative fact, that, whether the debt was increased or diminished, and however much the pensions and salaries were multiplied, the distress and wretchedness of the body of the people continued the same. the linen manufacture for a while prospered, and afforded a limited relief in a few places; but tillage was declining, and destitution was all round. the distress was noticed in the house, but nothing effectual was attempted, and hutchinson cannot refrain from exclaiming: "can the history of any other fruitful country on the globe, enjoying peace for fourscore years, and not visited by plague or pestilence, produce so many recorded instances of the poverty and wretchedness, and of the reiterated want and misery of the lower orders of the people? there is no such example in ancient or modern story. if the ineffectual endeavours by the representatives of those poor people to give them employment and food, had not left sufficient memorials of their wretchedness; if their habitations, apparel, and food, were not sufficient proofs, i should appeal to the human countenance for my voucher, and rest the evidence on that hopeless despondency that hangs on the brow of unemployed industry." all these restrictions were enacted by england, not from any actual loss that she had sustained by irish competition, but from an apprehension of loss. hutchinson shows how groundless the apprehension was, and he protests against the iniquity of sacrificing the happiness of a great and ancient kingdom, and the welfare of millions of its people, to guard against an imagined decrease in the value of english land. if wool-spinning was cheaper in ireland than in england, that was because the irish operatives had to live on food--"potatoes and milk, or more frequently water"[ ]--with which the english would not be content; but wages and the cost of producing would increase with the opening of trade, and with the increase of manufactures. england's greedy monopoly was sinking the irish people, while fair trade would really lessen the cheap labour competition which the english masters professed to dread. an open wool trade in ireland would, moreover, be mainly carried on by english capitalists and by english shipping, just as in ancient egypt, china, and hindostan, the export trade used to be conducted by foreigners; and just as in the victualling trade of ireland, the natives were but factors to the english. on every side, therefore, the english themselves suffered as much by the restrictions as the irish, and they would be, if they could but see it, proportionate gainers by the removal of the restrictions. hutchinson goes on to show that england gets one-third of the wealth of ireland, and that she would get more than the half of the benefit of the wool trade; but that even so the country would be the better for the small share of the gains that would be allowed to remain with her. agriculture would be encouraged, and manufactures would be promoted; and there would be a circulation of money amongst the people. taxes were proportionately heavier in ireland than in england, when the annual earnings, expenditure, rentals, circulating specie, and personal property of the two countries were compared. the english were mistaken in some of the calculations on which they grounded the commercial restrictions, and they would be commercial gainers by the removal of the restrictions; but it was not for the benefit of england, and it was for the benefit of ireland, that the provost demanded free and open commerce for the produce and manufactures of this country. this was what he claimed and argued for, and this was what he very largely helped to obtain for ireland; and this was the service that won him back a great deal of the popularity which he had forfeited by his hired subserviency to the english party. there is a good deal of repetition in the provost's book as we have it, but this is accounted for by the fact that the book was originally published in the form of letters.[ ] the repetitions, moreover, are not altogether artistic blemishes, for they are made to intensify, and, as it were, to multiply, the identical facts by presenting them in fresh connections. this is notably the case in regard of the provost's doublings back on the wool trade, and on the linen trade, and on england's dealings with ireland in regard of both these trades. after the destruction of the cattle trade these were the two sources of industry left to this country, and therefore the record of the treatment and evolution of these trades is in fact the history of the commercial relations between england and this country. the provost accordingly takes the wool and the linen trade as the fixed pillars of his discourse, and he interpolates the spaces between them with coincident statistics that illustrate his thesis. it is thus that in page he comes back to the wool trade to show the falsehood of the english trade returns, which asserted that the trade "was set up here since the reduction of ireland" by cromwell. the trade had been a flourishing one in this country from the time of edward iii. then in the sixth letter the provost takes up the linen trade again, for the purpose of showing more emphatically, in the first place, that it was forced on ireland as an equivalent for the loss of the wool trade; in the second place, that it was not at all an equivalent--and in the third place, that england before long broke her stipulations with this country, and so _discouraged_ the hemp and linen manufacture of ireland, that the irish had to abandon the flax culture altogether. in , leave was given to ireland to export some sorts of linen to the colonies, but leave was not given to bring back dye stuffs or other colonial produce. in , bounties were offered on exports of irish linen, provided they were shipped from english ports; but there was already a duty of thirty per cent. on _foreign_ linen imported into england; and thus ireland was, of course, deprived of the colonial and other markets. not till were the american markets opened to ireland, and by that time the emigration of the ulster linen-workers had become so enormous, that america was, in fact, a rival in the trade. what words can more offensively and more bitterly express the oppression of the country than this leave to trade with other countries? it took grattan and hussey burgh "with their coats off," and it took the volunteers with their motto "free trade, or ----," to sweep away this badge of slavery. all the time england was multiplying pensions and salaries here; she was levying taxes and draining rents; and, as hutchinson clearly puts it, ireland "was paying to great britain double the sum that she collects from the whole world in all the trade which great britain allows her. it would be difficult to find a similar instance in the history of mankind." again and again the provost comes back to point out the open tyranny and the underhand unfairness of england's commercial legislation for this country, and in the seventh letter he repeats that this legislation was a departure from the policy which was guaranteed by magna charta, and which had prevailed from the time of edward iii. when a supposed compensation was afterwards offered, it was no more than what ireland had had before, and the liberty granted by queen anne was merely allowing us to do in regard of one manufacture what had previously been a right in every instance. "at this earlier period, then," says hutchinson, "the english commercial system and the irish, so far as it depended upon the english statute law, was the same; and before this period, so far as it depended upon the common law and magna charta, it was also the same." "this was the voice of nature," he adds, "and the dictate of sound and generous policy; it proclaimed to the nations that they should not give to strangers the bread of their own children; that the produce of the soil should support the inhabitants of the country; that their industry should be exercised on their own materials, and that the poor should be employed, clothed, and fed. "this policy was liberal, just, and equal; it opened the resources and cultivated the strength of every part of the empire." from this liberal and profitable policy, however, england departed towards the close of the seventeenth century, and manifold were the wrongs which the departure inflicted on this country. the provost details these wrongs with the indignation of a patriot; he rails at the oppression which, by depriving the people of liberty, robbed them of half their vigour; but still as a courtier and as a government man, he was able to "_revere that conquest which has given to ireland the common law and the magna charta of england_." why he revered the conquest, when the common law and magna charta failed to protect the welfare of ireland, the provost does not state. two things stand out clearly throughout the treatise--one is that ireland, both as a producer and as a consumer, has been immensely profitable to england; and the other is that england has been the source of vast evil and suffering to ireland. the purport of "the commercial restraints" is to set forth these two great truths, and the record may be read now without prejudice on one side of the channel, and without panic or passion on the other. the teaching of the book ought to be palpable enough for the men of the present day. it ought to convince englishmen that it is time for them to distrust their "resources of civilisation," and to let this country prosper; and it ought to remind irishmen that they are the best judges of what they want, and that their road to prosperity is independence of english conceit, together with a sturdy development of their own native resources. in and since provost hutchinson's time ireland has won vast conquests from her oppressor, and she has won them all by the same weapon--firm and constitutional discontent. she has much to win still, and she will surely win it by the same method, while outside that method she is powerless. free trade and parliamentary independence were won without shedding a drop of blood, and the conditions of the fight for what is required now are far more propitious and hopeful than they were a century ago. then, ireland had to contend with an obstinate king, a wrong-headed minister, and a greedy nation; now, all these things are changed. the men of ' , no doubt, had at their back the irish volunteers that england feared, and there are no irish volunteers now; their place, however, is supplied by a more coercive force, and that force is the spirit of justice which is spreading through the liberals of england, and is fed by the liberals of ireland. but even supposing that all these demands touching land, education, and autonomy, were granted, there still remains another object for irishmen to work out, namely, the recreation of their home industries and manufactures. the land, after all, is not everything--all the people cannot live by it and out of it--and, as hutchinson observes, no one industry is sufficient to maintain a numerous population in prosperity and comfort. in past times, as a couple of months ago the lord lieutenant at belfast, and mr. fawcett at shoreditch, were saying,[ ] all these industries in the country were prohibited by unjust and iniquitous legislation, and by a mass of vexatious restrictions; but there are no prohibitions now, and the country abounds with the conditions and materials of prosperity. bishop berkeley wrote, when the prohibiting laws had been seventy years in operation, and when the force that swept them away had not yet begun to breathe in the country. he regarded the laws with despair, and piteously bemoaned the destitution and degradation in which the people were fixed. his earnest exhortation to them was to compensate themselves for the loss of the foreign trade by developing home industries and manufactures; and he asked[ ] whether the natives might not be able to effect their own prosperity and elevation, even though "there was a wall of brass a thousand cubits high round this kingdom?" lord clare, in his union speech, declared that ireland made more progress in her eighteen years of freedom than ever nation made in the same period; and it will be now for the working-men of this generation to show that, in enterprise and trades-craft they are not degenerate from their half-taught forefathers who won fitzgibbon's testimony. there is every ground for confident anticipation, that this year's national exhibition will profoundly and widely strengthen the effort for the revival of our native industries, and it is with the desire to contribute somewhat to the all-important and patriotic impulse that "the commercial restraints of ireland" is now reproduced by the publishers. the commercial restraints of ireland considered. first letter. _dublin, th aug., ._ my lord, you desire my thoughts on the affairs of ireland, a subject little considered, and consequently not understood in england. the lords and commons of great britain have addressed his majesty to take the distressed and impoverished state of this country into consideration; have called for information and resolved to pursue effectual methods for promoting the common strength, wealth, and commerce of both kingdoms, and his majesty has been pleased to express in his speech from the throne his entire approbation of their attention to the present state of ireland. the occasion calls for the assistance of every friend of the british empire, and those who can give material information are bound to communicate it. the attempt, however, is full of difficulty; it will require more than ordinary caution to write with such moderation as not to offend the prejudices of one country and with such freedom as not to wound the feelings of the other. the present state of ireland teems with every circumstance of national poverty. whatever the land produces is greatly reduced in its value: wool is fallen one-half in its usual price, wheat one-third, black cattle of all kinds in the same proportion, and hides in a much greater. buyers are not had without difficulty at those low rates, and from the principal fairs men commonly return with the commodities they brought there; rents are everywhere reduced--in many places it is impossible to collect them;--the farmers are all distressed, and many of them have failed; when leases expire tenants are not easily found; the landlord is often obliged to take his lands into his own hands for want of bidders at reasonable rents, and finds his estate fallen one-fourth in its value. the merchant justly complains that all business is at a stand, that he cannot discount his bills, and that neither money nor paper circulates. in this and the last year above twenty thousand manufacturers in this metropolis were reduced to beggary for want of employment, they were for a considerable length of time supported by alms, a part of the contribution came from england and this assistance was much wanting from the general distress of all ranks of people in this country. public and private credit are annihilated, parliament, that always raises money in ireland on easy terms, when there is any to be borrowed in the country, in , gave £ - / per cent. in annuities, which, in and , were earnestly sought after at £ , then thought to be a very high rate. the expenses of a country nearly bankrupt must be inconsiderable; almost every branch of the revenue has fallen, and the receipts in the treasury for the two years ending lady-day, , were less than those for the two years ending lady-day, , deducting the sums received on account of loans in each period, in a sum of £ , _s._ - / _d._ there was due on the th of march last, on the establishments, and for extraordinary expenses, an arrear amounting to £ , _s._ - / _d._; a sum of £ , will probably be now wanting to supply the deficiencies on the establishments and extraordinary charges of government, and an annual sum of between £ , and £ , yearly to pay interest and annuities. in the last session £ , was borrowed. if the sum wanting could now be raised, the debt would be increased in a sum of above £ , , in less than three years; and if the expenses and the revenues should continue the same as in the last two years, there is a probability of an annual deficiency of £ , . the nation in the last two years has not been able to pay for its own defence: a militia law passed in the last session could not be carried into execution for want of money. instead of paying forces abroad,[ ] ireland has not been able in this year to pay the forces kept in the kingdom: it has again relapsed into its ancient state of imbecility, and great britain has been lately obliged to send over money to pay the army[ ] which defends this impoverished country. our distress and poverty are of the utmost notoriety; the proof does not depend solely upon calculation or estimate, it is palpable in every public and private transaction, and is deeply felt among all orders of our people. this kingdom has been long declining. the annual deficiency of its revenues for the payment of the public expenses has been for many years supplied by borrowing. the american rebellion, which considerably diminished the demand for our linens; an embargo on provisions continued for three years,[ ] and highly injurious to our victualling trade; the increasing drain of remittances to england for rents, salaries, profits of offices, pensions and interest, and for the payment of forces abroad, have made the decline more rapid, but have not occasioned it. if we are determined to investigate the truth we must assign a more radical cause; when the human or political body is unsound or infirm it is in vain to inquire what accidental circumstances appear to have occasioned those maladies which arise from the constitution itself. if in a period of fourscore years of profound internal peace any country shall appear to have often experienced the extremes of poverty and distress; if at the times of her greatest supposed affluence and prosperity the slightest causes have been sufficient to obstruct her progress, to annihilate her credit, and to spread dejection and dismay among all ranks of her people; and if such a country is blessed with a temperate climate and fruitful soil, abounds with excellent harbours and great rivers, with the necessaries of life and materials of manufacture, and is inhabited by a race of men, brave, active, and intelligent, some permanent cause of such disastrous effects must be sought for. if your vessel is frequently in danger of foundering in the midst of a calm, if by the smallest addition of sail she is near oversetting, let the gale be ever so steady, you would neither reproach the crew nor accuse the pilot or the master; you would look to the construction of the vessel and see how she had been originally framed and whether any new works had been added to her that retard or endanger her course. but for such an examination more time and attention are necessary than have been usually bestowed upon this subject in great britain, and as i have now the honour to address a person of rank and station in that kingdom on the affairs of ireland i should be brief in my first audience, or i may happen never to obtain the favour of a second. i have the honour to be, my lord, &c. second letter. _dublin, rd august, ._ my lord, if there is any such permanent cause from which the frequent distresses of so considerable a part of the british empire have arisen, it is of the utmost consequence that it should be fully explained and generally understood. let us endeavour to trace it by its effects; these will manifestly appear by an attentive review of the state of ireland at different periods. from the time that king james the first had established a regular administration of justice in every part of the kingdom, until the rebellion of , which takes in a period of between thirty and forty years, the growth of ireland was considerable.[ ] in the act recognising the title of king james, the lords and commons acknowledge, "that many blessings and benefits had, within these few years past, been poured upon this realm;"[ ] and at the end of the parliament, in , the commons return thanks for the extraordinary pains taken for the good of this republic, whereby they say: "we all of us sit under our own vines, and the whole realm reapeth the happy fruits of peace."[ ] in his reign the little that could be given by the people was given with general consent,[ ] and received with extraordinary marks of royal favour. he desires the lord deputy to return them thanks for their subsidy, and for their granting it with universal consent,[ ] and to assure them that he holds his subjects of that kingdom in equal favour with those of his other kingdoms, and that he will be as careful to provide for their prosperous and flourishing state as for his own person. davis, who had served him in great stations in this kingdom, and had visited every province of it, mentions the prosperous state of the country, and that the revenue of the crown, both certain and casual, had been raised to a double proportion. he takes notice how this was effected "by the encouragement given to the maritime towns and cities, as well to increase the trade of merchandize as to cherish mechanical arts;" and mentions the consequence, "that the strings of this irish harp were all in tune."[ ] in the succeeding reign, ireland, for fourteen or fifteen years, appears to have greatly advanced in prosperity. the commons granted in the session of six entire subsidies, which they agreed should amount in the collection to £ , ,[ ] and the free gifts previously given to king charles the first at different times amounted to £ , .[ ] in the session of they gave four entire subsidies, and the clergy eight; the customs, which had been farmed at £ yearly in the beginning of this reign, were in the progress of it set for £ , .[ ] the commodities exported were twice as much in value as the foreign merchandize imported, and shipping is said to have increased an hundred-fold.[ ] their parliament was encouraged to frame laws conducive to the happiness of themselves and their posterities, for the enacting and "consummating" whereof the king passes his royal word, and assures his subjects of ireland that they were equally of as much respect and dearness to him as any others.[ ] in the speaker's speech in , when he was offered for approbation to the lord deputy, he mentions the free and happy condition of the people of ireland, sets forth the particulars, and in enumerating the national blessings, mentions as one "that our in-gates and out-gates do stand open for trade and traffic;"[ ] and as the lord chancellor declared his excellency's "high liking of this oration," it may be considered as a fair account of the condition of ireland at that time. when the commons had afterwards caught the infection of the times, and were little disposed to pay compliments, they acknowledge that this kingdom, when the earl of strafford obtained the government, "was in a flourishing, wealthy, and happy estate."[ ] after the restoration, from the time that the acts of settlement and explanation had been fully carried into execution to the year , ireland made great advances, and continued for several years in a most prosperous condition.[ ] lands were everywhere improved; rents were doubled; the kingdom abounded with money; trade flourished to the envy of our neighbours; cities increased exceedingly; many places of the kingdom equalled the improvements of england; the king's revenue increased proportionably to the advance of the kingdom, which was every day growing, and was _well established in plenty and wealth_;[ ] manufactures were set on foot in divers parts; the meanest inhabitants were at once enriched and civilized; and this kingdom is then represented to be the most improved and improving spot of ground in europe. i repeat the words of persons of high rank, great character, and superior knowledge, who could not be deceived themselves, and were incapable of deceiving others. in the former of these periods parliaments were seldom convened in ireland; in the latter, they were suspended for the space of twenty-six years; during that time the english ministers frequently showed dispositions unfavourable to the prosperity of this kingdom; and in the interval between those two periods it had been laid waste, and almost depopulated by civil rage and religious fury. and yet, after being blessed with an internal peace of ninety years, and with a succession of five excellent sovereigns, who were most justly the objects of our affection and gratitude, and to whom the people of this country were deservedly dear; after so long and happy an intercourse of protection, grace, and favour from the crown, and of duty and loyalty from the subjects, it would be difficult to find any subsequent period where so flattering a view has been given of the industry and prosperity of ireland. the cause of this prosperity should be mentioned. james, the first duke of ormond, whose memory should be ever revered by every friend of ireland, to heal the wound that this country had received by the prohibition of the export of her cattle to england, obtained from charles the second a letter[ ] dated the rd of march, , by which he directed that all restraints upon the exportation of commodities of the growth or manufacture of ireland to foreign parts should be taken off, but not to interfere with the plantation laws, or the charters to the trading companies, and that this should be notified to his subjects of this kingdom, which was accordingly done by a proclamation from the lord lieutenant and council; and at the same time, by his majesty's permission, they prohibited the importation from scotland of linen, woollen, and other manufactures and commodities, as drawing large sums of money out of ireland, and a great hindrance to its manufactures. his grace successfully executed his schemes of national improvement, having by his own constant attention, the exertion of his extensive influence, and the most princely munificence, greatly advanced the woollen and revived[ ] the linen manufactures, which england then encouraged in this kingdom as a compensation for the loss of that trade of which she had deprived it, and this encouragement from that time to the revolution had greatly increased the wealth and promoted the improvement of ireland. the tyranny and persecuting policy of james the second,[ ] after his arrival in ireland, ruined its trade and revenue; the many great oppressions which the people suffered during the revolution had occasioned almost the _utter desolation_ of the country.[ ] but the nation must have been restored in the reign of william to a considerable degree of strength and vigour; their exertions in raising supplies to a great amount, from the year to the year , are some proof of it. they taxed their goods, their lands, their persons, in support of a prince whom they justly called their deliverer and defender, and of a government on which their own preservation depended. those sums were granted,[ ] not only without murmur, but with the utmost cheerfulness, and without any complaint of the inability, or representation of the distressed state of the country. the money brought in for the army at the revolution gave life to all business, and much sooner than could have been expected retrieved the affairs of ireland. this money furnished capitals for carrying on the manufactures of the kingdom. our exports increased in ' , ' , and ' , and our imports did not rise in proportion, which occasioned a great balance in our favour; and this increase was owing principally to the woollen manufacture. in the last of those years the balance in favour of ireland in the account of exports and imports was £ , .[ ] but in the latter end of this reign the political horizon was overcast, the national growth was checked, and the national vigour and industry impaired by the law made in england restraining, in fact prohibiting, the exportation of all woollen manufactures from ireland. from the time of this prohibition no parliament was held in ireland until the year . five years were suffered to pass before any opportunity was given to apply a remedy to the many evils which such a prohibition must necessarily have occasioned. the linen trade was then not thoroughly established in ireland; the woollen manufacture was the staple trade, and wool the principal material of that kingdom. the consequences of this prohibition appear in the session of .[ ] the commons[ ] lay before queen anne a most affecting representation, containing, to use their own words, "a true state of our deplorable condition," protesting that no groundless discontent was the motive for that application, but a deep sense of the evil state of their country, and of the farther mischiefs they have reason to fear will fall upon it if not timely prevented. they set forth the vast decay and loss of its trade, its being almost exhausted of coin, that they are hindered from earning their livelihoods and from maintaining their own manufactures, that their poor have thereby become very numerous; that great numbers of protestant families have been constrained to remove out of the kingdom, as well into scotland as into the dominions of foreign princes and states, and that their foreign trade and its returns are under such restrictions and discouragements as to be then become in a manner impracticable, although that kingdom had by its blood and treasure contributed to secure the plantation trade to the people of england. in a further address to the queen,[ ] laid before the duke of ormond, then lord lieutenant, by the house, with its speaker, they mention the distressed condition of that kingdom, and more especially of the industrious protestants, by the almost total loss of trade and decay of their manufactures, and, to preserve the country from utter ruin, apply for liberty to export their linen manufactures to the plantations. in a subsequent part of this session[ ] the commons resolve that, by reason of the great decay of trade and discouragement of the manufactures of this kingdom, many poor tradesmen were reduced to extreme want and beggary. this resolution was _nem. con._, and the speaker, mr. broderick, then his majesty's solicitor-general, and afterwards lord chancellor, in his speech at the end of the session[ ] informs the lord lieutenant, that the representation of the commons was, as to the matters contained in it, the unanimous voice and consent of a very full house, and that the soft and gentle terms used by the commons in laying the distressed condition of the kingdom before his majesty, showed that their complaints proceeded not from querulousness, but from a necessity of seeking redress, he adds: "it is to be hoped they may be allowed such a proportion of trade that they may recover from the great poverty they now lie under;" and in presenting the bill of supply says, the commons have granted it "in time of extreme poverty." the impoverished state of ireland, at that time, appears in the speech from the throne at the conclusion of the session, in which it is mentioned that the commons could not then provide for what was owing to the civil and military lists.[ ] the supply given for two years, commencing at michaelmas, ,[ ] was a sum not exceeding £ , , which, considering that no parliament was held in ireland since the year , is at the rate of £ , yearly, commencing in , and ending in the year . the great distress of ireland, from the year to the year , and the cause of that distress, cannot be doubted. let it now be considered, whether the same cause has operated since the year . in the year [ ] it appears, that the commons were not able, from the circumstances of the nation at that time, to make provision for repairing the necessary fortifications; or for arms and ammunition for the public safety: and the difficulties which the kingdom then laboured under, and the decay of trade appear by the addresses of the commons[ ] to the queen, and to the duke of ormond, then lord lieutenant, who was well acquainted with the state of this country; by the queen's answer,[ ] and the address of thanks for it. in the year ,[ ] the revenue was deficient for payment of the army and defraying the charges of government, and the commons promise to supply the deficiency "as far as the present circumstances of the nation will allow." in , it appears,[ ] by the unanimous address of the commons to the lord lieutenant, that the kingdom was in an impoverished and exhausted state: in ,[ ] they express their approbation of the frugality of the queen's administration, by which their expenses were lessened, and by that means the kingdom preserved from taxes, which might have proved too weighty and burdensome. in their address to the lord lieutenant at, the close of the session, they request that he should represent to her majesty, that they had given all the supplies which her majesty desired, and which they, in their present condition, were able to grant:[ ] and yet those supplies amounted, for two years, to a sum not exceeding £ , _s._ _d._;[ ] though powder magazines, the council chamber, the treasury office, and other offices were then to be built. from the short parliament of , nothing can be collected, but that the house was inflamed and divided by party dissensions, and that the fear of danger to the succession of the present illustrious family, excluded every other consideration from the minds of the majority. this last period, from the year to the death of queen anne, is marked with the strongest circumstances of national distress and despondency. the representatives of the people, who were the best judges, and several of whom were members of the house of commons before and after these restraints, have assigned the reason. no other can be assigned. that the woollen manufactures were the great source of industry in ireland, appears from the irish statute of the th and th of charles ii., ch. ;[ ] from the resolutions of the commons, in ,[ ] for regulating those manufactures, the resolutions of the committee of supply in that session;[ ] and from the preamble to the english statute of the th and th of william iii., ch. ; in which it is recited, that great quantities of those manufactures were made, and were daily increasing in ireland, and were exported from thence to foreign markets. of the exportation of all those manufactures the irish were at once totally deprived: the linen manufacture, proposed as a substitute, must have required the attention of many years before it could be thoroughly established. what must have been the consequences to ireland in the meantime the journals of the commons in queen anne's reign have informed us. compare this period with the three former, and you will prove this melancholy truth: that a country will sooner recover from the miseries and devastation occasioned by war, invasion, rebellion, massacre, than from laws restraining the commerce, discouraging the manufactures, fettering the industry, and above all breaking the spirits of the people. it would be injustice not to acknowledge that great britain has, for a long series of years, made great exertions to repair the evils arising from these restraints. she has opened her great markets to part of the linen manufacture of ireland; she has encouraged it by granting, for a great length of time, large sums of her own money[ ] on the exportation of it; and under her protection, and by the persevering industry of our people, this manufacture has attained to a great degree of perfection and prosperity, in some parts of this country. if the kind and constant attention of that great kingdom with which we are connected, to this important object; or if the lenient course of time had at length healed those wounds, which commercial jealousy had given to the trade and industry of this country, it would not be a friendly hand to either kingdom that would attempt to open them: but, if upon every accident they bleed anew, they should be carefully examined, and searched to the bottom. if the cause of the poverty and distress of ireland in the reign of queen anne has since continued to operate, though not always in so great a degree, yet sufficient frequently to reduce to misery, and constantly to check the growth and impair the strength of that kingdom, and to weaken the force and to reduce the resources of great britain; that man ought to be considered as a friend to the british empire who endeavours to establish this important truth, and to explain a subject so little understood. if in this attempt there shall appear no intention to raise jealousies, inflame discontents, or agitate constitutional questions, it is hoped that those letters may be read without prejudice on one side of the water, and without passion or resentment on the other. i have the honour to be, my lord, &c. third letter. _dublin, th august, ._ my lord, to an inquirer after truth, history, since the year furnishes very imperfect and often partial views of the affairs of great britain and ireland. the latter has no professed historian of its own since that era, and is so slightly mentioned in the histories of the former kingdom, that it seems to be introduced rather to show the accuracy of the accomptant, than as an article to be read and examined; pamphlets are often written to serve occasional purposes, and with an intention to misrepresent; and party writers are not worthy of any regard. we must then endeavour to find some other guide, and look into the best materials for history, by considering the facts as recorded in the journals of parliament; these have evinced the poverty of ireland for the first fourteen years of this century. that this poverty continued in the year , appears by the unanimous address of the house of commons to george the first.[ ] this address was to congratulate his majesty on his success in extinguishing the rebellion, an occasion most joyful to them, and on which no disagreeable circumstance would have been stated, had not truth and the necessities of their country extorted it from them. a small debt of £ , _s._ - / _d._,[ ] due at michaelmas, , was, by their exertions to strengthen the hands of government in that year, increased at midsummer, , to a sum of £ , _s._ - / _d._,[ ] which was considered as such an augmentation of the national debt, that the lord lieutenant, the duke of bolton, thought it necessary to take notice in his speech from the throne, that the debt was considerably augmented, and to declare at the same time that his majesty had ordered reductions in the military, and had thought proper to lessen the civil list. there cannot be a stronger proof of the want of resources in any country, than that a debt of so small an amount should alarm the persons entrusted with the government of it. that those apprehensions were well founded, will appear from the repeated distresses of ireland, from time to time, for many years afterwards. in , the speech from the throne,[ ] and the addresses to the king and to the lord lieutenant, state, in the strongest terms, the great decay of her trade, and the very low and impoverished state to which she was reduced. that this proceeded, in some measure, from calamities and misfortunes which affected the neighbouring kingdoms, is true: but their effects on ireland, little interested in the south sea project, could not be considerable. the poverty under which she laboured arose principally from her own situation. the lord lieutenant says there is ground to hope that in this session such remedies may be applied as will restore the nation to a flourishing condition; and the commons return the king thanks for giving them that opportunity to consider of the best methods for reviving their decayed trade and making them a flourishing and happy people. but it is a melancholy proof of the desponding state of this kingdom, that no law whatever was then proposed for encouraging trade or manufactures, or to follow the words of the address, for reviving trade, or making us a flourishing people, unless that for amending the laws as to butter and tallow casks deserves to be so called. and why? because it was well understood by both houses of parliament that they had no power to remove those restraints which prohibited trade and discouraged manufactures, and that any application for that purpose would at that time have only offended the people on one side of the channel without bringing any relief to those on the other. the remedy proposed by government, and partly executed, by directing a commission under the great seal for receiving voluntary subscriptions[ ] in order to establish a bank, was a scheme to circulate paper without money; and considering that it came so soon after the south sea bubble had burst, it is more surprising that it should have been at first applauded,[ ] than that it was, in the same session, disliked, censured, and abandoned.[ ] the total inefficacy of the remedy proved however the inveteracy of the disease, and furnishes a farther proof of the desperate situation of ireland, when nothing could be thought of for its relief, but that paper should circulate without money, trade, or manufactures.[ ] in the following session of , it appears that the condition of our manufacturers, and of the lowest classes of our people, must have been distressed, as the duke of grafton, in his speech from the throne, particularly recommends to their consideration the finding out of some method for the better employing of the poor;[ ] and though the debt of the nation was no more than £ , _s._ - / _d._,[ ] and was less than in the _last_ session,[ ] yet the commons thought it necessary to present an address to the king, to give such directions as he, in his great goodness, should think proper, to prevent the increase of the debt of the nation. this address was presented[ ] by the house, with its speaker, and passed _nem. con._, and was occasioned by the distressed state of the country, and by their apprehensions that it might be further exhausted by the project of wood's halfpence: it could not be meant as any want of respect to their lord lieutenant, as they had not long since returned him thanks for his wise conduct and frugality in not increasing the debt of the nation.[ ] this address of the commons, and the lord lieutenant's recommendation for the better employing the poor, seems to be explained by a petition of the woollen drapers, weavers, and clothiers of the city of dublin (the principal seat of the woollen manufacture of ireland) in behalf of themselves and the other drapers, weavers, and clothiers of this kingdom, praying relief in relation to the great decay of trade in the woollen manufacture.[ ] but this address had no effect; the debt of the nation in the ensuing session of , was nearly doubled.[ ] in the speeches from the throne, in , lord carteret takes notice of our success in the linen trade, and yet observes, in , that the revenue had fallen short, and that thereby a considerable arrear was due to the establishment. but notwithstanding the success of the linen manufacture,[ ] ireland was in a most miserable condition. the great scarcity of corn had been so universal in this kingdom in the years and , as to expose thousands of families to the utmost necessities, and even to the danger of famine; many artificers and housekeepers having been obliged to beg for bread in the streets of dublin. it appeared before the house of commons that the import of corn for one year and six months, ending the th day of september, , amounted in value to the sum of £ , , an amazing sum compared with the circumstances of the kingdom at that time! and the commons resolved that public granaries would greatly contribute to the increasing of tillage, and providing against such wants as have frequently befallen the people of this kingdom, and hereafter may befall them, unless proper precautions shall be taken against so great a calamity. the great scarcity which happened in the years ' and ' , and frequently before and since, is a decisive proof that the distresses of this kingdom have been occasioned by the discouragement of manufactures. if the manufacturers have not sufficient employment, they cannot buy the superfluous produce of the land; the farmers will be discouraged from tilling, and general distress and poverty must ensue. the consequences of the want of employment among manufacturers and labourers must be more fatal in ireland than in most other countries; of the numbers of her people it has been computed that , , live in houses with but one hearth, and may therefore be reasonably presumed to belong for the most part to those classes. in the year [ ] there was a great deficiency in the public revenue, and the national debt had considerably increased. the exhausted kingdom lay under great difficulties by the decay of trade, the scarcity of money, and the universal poverty of the country, which the speaker represents[ ] in very affecting terms, in offering the money bills for the royal assent, and adds, "that the commons hope, from his majesty's goodness, and his grace's _free_ and _impartial_ representation of the state and condition of this kingdom, that _they_ may enjoy a _share_ of the blessings of public tranquillity by the increase of their trade, and the encouragement of their manufactures." but in the next session, of , they are told in the speech from the throne, what this share was to be. the lord lieutenant informs them that the peace cannot fail of contributing to their welfare, by enabling them to improve those branches of trade and manufactures[ ] which _are properly their own_, meaning the trade and manufacture of linen. whether this idea of property has been preserved inviolate will hereafter appear. the years ' and ' were seasons of great scarcity, and in consequence of the want of wholesome provisions great numbers of our people perished miserably, and the speech from the throne recommends it to both houses to consider of proper measures to prevent the like calamity for the future. the employment of the poor and the encouragement of tillage are the remedies proposed[ ] by the lord lieutenant and approved of by the commons, but no laws for those purposes were introduced, and why they were not affords matter for melancholy conjecture. they could not have been insensible of the miseries of their fellow-creatures, many thousands of whom were lost in those years, some from absolute want, and many from disorders occasioned by bad provisions. why was no attempt made for their relief? because the commons knew that the evil was out of their reach, that the poor were not employed because they were discouraged by restrictive laws from working up the materials of their own country, and that agriculture could not be encouraged where the lower classes of the people were not enabled by their industry to purchase the produce of the farmer's labour. for above forty years after making those restrictive laws[ ] ireland was always poor and often in great want, distress, and misery,[ ] though the linen manufacture had made great progress during that time. in the war before the last, she was not able to give any assistance. the duke of devonshire, in the year , takes notice from the throne, that during a war for the protection of the trade of all his majesty's dominions there had been no increase of the charge of the establishment; and in the year , the country was so little able to bear expense, that lord chesterfield discouraged and prevented any augmentation of the army, though much desired by many gentlemen of the house of commons, from a sense of the great danger that then impended. an influx of money after the peace, and the further success of the linen trade, increased our wealth, and enabled us to reduce by degrees, and afterwards to discharge the national debt. this was not effected until the first of march, .[ ] this debt was occasioned principally by the expenses incurred by the rebellion in great britain in the year ; an unlimited vote of credit was then given.[ ] from the lowness of the revenue, and the want of resources, not from any further exertions on the part of the kingdom in point of expense, the debt of £ , _s._ - / _d._, due in , was increased at lady-day,[ ] , to £ , _s._ - / _d._ that government and the house of commons should for such a length of time have considered the reduction and discharge of this debt as an object of so great importance, and that nearly forty years should have passed before the constant attention and strictest economy of both could have accomplished that purpose, is a strong proof of the weakness and poverty of this country, during that period. after the payment of this debt, the wealth and ability of ireland were greatly overrated, both here and in great britain. the consequences of this mistaken opinion were increased expenses on the part of government and of the country, more than it was able to bear. the strict economy of old times was no longer practised. the representatives of the people set the example of profusion and the ministers of the crown were not backward in following it. a large redundancy of money in the treasury, gave a delusive appearance of national wealth. at lady-day, , the sum in credit to the nation was £ , _s._ - / _d._,[ ] and the money remaining in the treasury of the ordinary unappropriated revenue on the th day of september, ,[ ] £ , _s._ - / _d._ but this great increase of revenue arose from an increase of imports, particularly in the year , by which the kingdom was greatly over-stocked, and which raised the revenue in that year £ , _s._ - / _d._ higher than it was in the year , when the revenue first began to rise considerably;[ ] and though what a nation spends is one method of estimating its wealth, yet a nation, like an individual, may live beyond its means, and spend on credit which may far exceed its income. this was the fact as to ireland in the year , for some years before and for many years after; it appeared in an inquiry before the house of commons in the session of , that many persons had circulated paper to a very great amount, far exceeding not only their own capitals,[ ] but that just proportion which the quantity of paper ought to bear to the national specie.[ ] this gave credit to many individuals, who without property became merchant importers, and at the same time increased the receipts of the treasury and lessened the wealth of the kingdom. at the very time that so great a balance was in the treasury, public credit was in a very low way, and the house of commons was employed in preparing a law to restore it. in ' and ' three principal banks[ ] failed, and the legislature took up much time in inquiring into their affairs, and in framing laws for the relief of their creditors.[ ] yet in this session, the liberality of the house of commons was excessive. the redundancy in the treasury had, in the session of , occasioned a dispute between the crown and the house of commons on the question whether the king's previous consent was necessary for the application of it. they wished to avoid any future contest of that kind, and were flattered to grant the public money from enlarged views of national improvements. the making rivers navigable, the making and improving harbours, and the improvement of husbandry and other useful arts, were objects worthy of the representatives of the people; and had the faithfulness of the execution answered the goodness of the intention in many instances, the public in general might have had no great reason to complain. many of those grants prove the poverty of the country. there were not private stocks to carry on the projects of individuals, nor funds sufficient for incorporating and supporting companies, nor profits to be had by the undertakings sufficient to reimburse the money necessary to be expended. the commons therefore advanced the money, for the benefit of the public; and it can never be supposed that they would have continued to do so for above twenty years, if they were not convinced that there were not funds in the hands of individuals sufficient to carry on those useful undertakings, nor trade enough in the kingdom to make adequate returns to the adventurers. having gone through more than half the century, it is time to pause. in this long gloomy period, the poverty of ireland appears to have been misery and desolation, and her wealth a symptom of decline and a prelude to poverty; the low retiring ebb from the spring-tide of deceitful prosperity, has left our shores bare, and has opened a waste and desolate prospect of barren sand, and uncultivated country. i have the honour to be, my lord, &c. fourth letter. _dublin, th august, ._ my lord, the revenue, for the reasons already given, decreased in ,[ ] fell lower in , and still lower in ' . in the last year the vaunted prosperity of ireland was changed into misery and distress; the lower classes of our people wanted food;[ ] the money arising from the extravagance of the rich was freely applied to alleviate the sufferings of the poor.[ ] one of the first steps of the late duke of bedford's administration--and which reflects honour on his memory--was obtaining a king's letter, dated st march, , for £ , , to be laid out as his grace should think the most likely to afford the most speedy and effectual relief to his majesty's poor subjects of this kingdom. his grace, in his speech from the throne, humanely expresses his wish, that some method might be found out to prevent the calamities that are the consequences of a want of corn, which had been in part felt the last year, and to which this country had been too often exposed; the commons acknowledge that those calamities had been frequently and were too sensibly and fatally experienced in the course of the last year, thank his grace for his early and charitable attention to the necessities of the poor of this country in their late distresses, and make use of those remarkable expressions,--"that they will most cheerfully embrace[ ] every _practicable_ method to promote tillage."[ ] they knew that the encouragement of manufactures were the effectual means, and that these means were not in their power. the ability of the nation was estimated by the money in the treasury, and the pensions on the civil establishment, exclusive of french, which at lady-day, , were £ , _s._, amounted at lady-day, ' , to £ , _s._[ ] the same ideas were entertained of the resources of this country in the session of . great britain had made extraordinary efforts, and engaged in enormous expenses for the protection of the whole empire. this country was in immediate danger of an invasion. every irishman was agreed that she should assist great britain to the utmost of her ability, but this ability was too highly estimated. the nation abounded rather in loyalty than in wealth.[ ] our brethren in great britain, had, however, formed a different opinion, and, surveying their own strength, were incomplete judges of our weakness. a lord lieutenant of too much virtue and magnanimity to speak what he did not think, takes notice from the throne, "of the prosperous state of this country, improving daily in its manufactures and commerce."[ ] his grace had done much to bring it to that state, by obtaining for us some of the best laws[ ] in our books of statutes. but this part of the speech was not taken notice of, either in the address to his majesty or to his grace, from a house of commons well disposed to give every mark of duty and respect, and to pay every compliment consistent with truth. the event proved the wisdom of their reserve. the public expenses were greatly increased, the pensions on the civil establishment exclusive of french, at lady-day, , amounted to £ , _s._;[ ] there was, at the same time a great augmentation of military expense.[ ] six new regiments and a troop were raised in a very short space of time. an unanimous and unlimited address of confidence to his grace,[ ] a specific vote of credit for £ , ,[ ] which was afterwards provided for in the loan bill[ ] of that session, a second vote of credit in the same session for £ , ,[ ] the raising the rate of interest paid by government, one per cent., and the payment out of the treasury[ ] in little more than one year of £ , _s._ - / _d._,[ ] were the consequences of those increased expenses. the effects of these exertions were immediately and severely felt by the kingdom. these loans could not be supplied by a poor country, without draining the bankers of their cash; three of the principal houses,[ ] among them stopped payment; the three remaining banks in dublin discounted no paper, and, in fact, did no business. public and private credit, that had been drooping since the year , had now fallen prostrate. at a general meeting of the merchants of dublin, in april, , with several members of the house of commons, the inability of the former to carry on business was universally acknowledged, not from the want of capital, but from the stoppage of all paper circulation, and the refusal of the remaining bankers to discount the bills even of the first houses. the merchants and traders of dublin, in their petition[ ] to the house of commons, represent "the low state to which public and private credit had been of late reduced in this kingdom, and particularly in this city, of which the successive failures of so many banks, and of private traders in different parts of this kingdom, in so short a time as since october last, were incontestable proofs. the petitioners, sensible that the necessary consequences of these misfortunes must be the loss of foreign trade, the diminution of his majesty's revenue, and what is still more fatal, the decay of the manufactures of this kingdom, have in vain repeatedly attempted to support the sinking credit of the nation by associations and otherwise; and are satisfied that no resource is now left but what may be expected from the wisdom of parliament, to avert the calamities with which this kingdom is at present threatened." the committee, to whom it was referred, resolve[ ] that they had proved the several matters alleged in their petition; that the quantity of paper circulating was not near sufficient for supporting the trade and manufactures of this kingdom; and that the house should engage, to the first of may, ' , for each of the then subsisting banks in dublin, to the amount of £ , for each bank; and that an address should be presented to the lord lieutenant, to thank his grace for having given directions that bankers' notes should be received as cash from the several subscribers to the loan, and that he would be pleased to give directions that their notes should be taken as cash in all payments at the treasury, and by the several collectors for the city and county of dublin. the house agreed to those resolutions and to that for giving credit to the banks, _nem. con._ the speech from the throne takes notice of the care the house of commons had taken for establishing public credit, which the lord lieutenant says he flatters himself will answer the end proposed, and effect that circulation so necessary for carrying on the commerce of the country.[ ] those facts are not stated as any imputation on the then chief governor: the vigour of his mind incited him to make the crown as useful as possible to the subject, and the subject to the crown. he succeeded in both, but in the latter part of the experiment, the weakness of the country was shown. the great law which we owe to his interposition, i speak of that which gives a bounty on the land carriage of corn and flour to dublin,[ ] has saved this country from utter destruction; this law, which reflects the highest honour on the author and promoter, is still a proof of the poverty of that country where such a law is necessary. its true principle is to bring the market of dublin to the door of the farmer, and that was done in the year ending the th of march, , at the expense of £ , _s._ _d._, to the public; a large but a most useful and necessary expenditure.[ ] the adoption of this principle proves, what we in this country know to be a certain truth, that there is no other market in ireland on which the farmer can rely for the certain sale of his corn and flour; a decisive circumstance to show the wretched state of the manufactures of this kingdom. in the beginning of the next parliament the rupture with spain occasioned a new augmentation of military expense. the ever loyal commons return an address of thanks to the message mentioning the addition of five new battalions[ ] and unanimously promise to provide for them; and with the same unanimity pass a vote of credit for £ , .[ ] the amount of pensions on the civil establishment, exclusive of french, had for one year ending the th of march, , amounted to £ , _s._,[ ] and our manufacturers were then distressed by the expense and havoc of a burdensome war.[ ] in the year a national evil made its appearance, which all the exertions of the government and of the legislature have not since been able to eradicate; i mean the risings of the white boys. they appear in those parts of the kingdom where manufactures are not established, and are a proof of the poverty and want of employment of the lower classes of our people. lord northumberland mentions, in his speech from the throne[ ] in , that the means of industry would be the remedy; from whence it seems to follow that the want of those means must be the cause. to attain this great end the commons promise their attention to the protestant charter schools and linen manufacture.[ ] the wretched men who were guilty of those violations of the law, were too mature for the first, and totally ignorant of the second; but long established usage had given those words a privilege in speeches and addresses to stand for everything that related to the improvement of ireland. the state of pensions remained nearly the same[ ] by the peace the military expenses were considerably reduced; of the military establishment to be provided for in the session , compared with the military establishment as it stood on the st of march, , the net decrease was £ , _s._ _d._ per annum; but as a peace establishment it was high, and compared with that of the st of march, [ ] being the year preceding the last war, the annual increase was £ , _s._ - / _d._ the debt of the nation at lady day, , and which was entirely incurred in the last war, was £ , _s._ - / _d._,[ ] and would have been much greater if the several lord lieutenants had not used with great economy the power of borrowing, which the house of commons had from session to session given them. that this debt should have been contracted in an expensive war, in which ireland was called upon for the first time to contribute, is not to be wondered at, but the continual increase of this debt, in sixteen years of peace, should be accounted for. the same mistaken estimate of the ability of ireland that occasioned our being called upon to bear part of the british burden during the war, produced similar effects at the time of the peace, and after it. the heavy peace establishment was increased by an augmentation of our army in , which induced an additional charge, taking in the expenses of exchange and remittance of £ , _s._ _d._ yearly, for the first year; but this charge was afterwards considerably increased, and amounted, from the year to christmas, , when it was discontinued, to the sum of £ , _s._ - / _d._, and this increased expense was more felt, because it was for the purpose of paying forces out of this kingdom. as our expenses increased our income diminished; the revenue for the two years, ending the th of march, ,[ ] was far short of former years, and not nearly sufficient to pay the charges of government, and the sums payable for bounties and public works.[ ] the debt of the nation at lady-day, , was increased to £ , _s._ - / _d._[ ] the want of income was endeavoured to be supplied by a loan. in the money bill of the october session, , there was a clause empowering government to borrow £ , . immediately after the linen trade declined rapidly; in , , and , the decay in that trade was general in every part of the kingdom where it was established; the quantity manufactured was not above two-thirds of what used formerly to be made, and that quantity did not sell for above three-fourths of its former price. the linen and linen yarn exported for one year, ending the th of march, ,[ ] fell short of the exports of one year, ending the th of march, , to the amount in value of £ , _s._ _d._ at lady-day, ,[ ] the debt increased to £ , _s._ - / _d._ the attempt in the session of ,[ ] to equalise the annual income and expenses failed, and borrowing on tontine in the sessions of , , and , added greatly to the annual expense, and to the sums of money remitted out of the kingdom. the debt now bearing interest amounts to the sum of £ , , , besides a sum of £ , raised on annuities, which amount to £ , yearly, with some incidental expenses. the great increase of those national burdens, likely to take place in the approaching session, has been already mentioned. the debt of ireland has arisen from the following causes: the expenses of the late war, the heavy peace establishment in the year , the increase of that establishment in the year , the sums paid from to forces out of the kingdom, the great increase of pensions and other additional charges on the civil establishment, which, however considerable, bears but a small proportion to the increased military expenses, the falling of the revenue, and the sums paid for bounties and public works; these are mentioned last, because it is apprehended that they have not operated to increase this debt in so great a degree as some persons have imagined; for, though the amount is large, yet no part of the money was sent out of the kingdom, and several of the grants were for useful purposes, some of which made returns to the public and to the treasury exceeding the amount of those grants. when those facts are considered, no doubt can be entertained but that the supposed wealth of ireland has led to real poverty; and when it is known, that from the year to christmas, , the sums remitted by ireland to pay troops serving abroad, amounted to the sum of £ , , _s._ _d._, it will be equally clear from whence this poverty has principally arisen. in those seasons of expense and borrowing the lower classes were equally subject to poverty and distress, as in the period of national economy. in , lord halifax, in his speech from the throne,[ ] acknowledges that our manufactures were distressed by the war. in , the corporation of weavers, by a petition to the house of commons, complain that, notwithstanding the great increase both in number and wealth of the inhabitants of the metropolis, they found a very great decay of several branches of trade and manufactures[ ] of this city, particularly in the silken and woollen. in there was a scarcity caused by the failure of potatoes in general throughout the kingdom, which distressed the common people; the spring corn had also failed, and grain was so high, that it was thought necessary to appoint a committee[ ] to inquire what may be the best method to reduce it; and to prevent a great dearth, two acts were passed early in that session, to stop the distillery, and to prevent the exportation of corn, for a limited time. in spring, , those fears appear to have been well-founded; several towns were in great distress for corn; and by the humanity of the lord lieutenant, lord hertford, money was issued out of the treasury to buy corn for such places as applied to his lordship for that relief. the years and were seasons of great distress in ireland, and in the month of february, in the latter year, the high price of corn is mentioned from the throne[ ] as an object of the first importance, which demanded the utmost attention. in and there was great plenty of corn, but the manufacturers were not able to buy, and many thousands of them were supported by charity; the consequence was that corn fell to so low a price that the farmers in many places were unable to pay their rents, and everywhere were under great difficulties. that the linen manufacture has been of the utmost consequence to this country, that it has greatly prospered, that it has been long encouraged by the protection of great britain, that whatever wealth ireland is possessed of arises, for the most part, from that trade, is freely acknowledged; but in far the greatest part of the kingdom it has not yet been established, and many attempts to introduce it have, after long perseverance and great expense, proved fruitless. though that manufacture made great advances from to ,[ ] yet the tillage of this kingdom declined during the whole of that period, and we have not since been free from scarcity. notwithstanding the success of that manufacture, the bulk of our people have always continued poor, and in a great many seasons have wanted food. can the history of any other fruitful country on the globe, enjoying peace for fourscore years, and not visited by plague or pestilence, produce so many recorded instances of the poverty and wretchedness, and of the reiterated want and misery of the lower orders of the people? there is no such example in ancient or modern story. if the ineffectual endeavours by the representatives of those poor people to give them employment and food, had not left sufficient memorials of their wretchedness; if their habitations, apparel, and food, were not sufficient proofs, i should appeal to the human countenance for my voucher, and rest the evidence on that hopeless despondency that hangs on the brow of unemployed industry. that, since the success of the linen manufacture, the money and the rents of ireland have been greatly increased, is acknowledged; but it is affirmed, and the fact is of notoriety, that the lower orders, not of that trade, are not less wretched. those employed in the favourite manufacture generally buy from that country to which they principally sell; and the rise in lands is a misfortune to the poor, where their wages do not rise proportionably, which will not happen where manufactures and agriculture are not sufficiently encouraged. give premiums by land or by water, arrange your exports and imports in what manner you will; if you discourage the people from working up the principal materials of their country, the bulk of that people must ever continue miserable, the growth of the nation will be checked, and the sinews of the state enfeebled. i have stated a tedious detail of instances, to show that the sufferings of the lower classes of our people have continued the same (with an exception only of those employed in the linen trade) since the time of queen anne, as they were during her reign; that the cause remains the same, namely, that our manufacturers have not sufficient employment, and cannot afford to buy from the farmer, and that therefore manufactures and agriculture must both be prejudiced. after revolving those repeated instances, and almost continued chain of distress, for such a series of years, among the inhabitants of a temperate climate, surrounded by the bounties of providence and the means of abundance, and being unable to discover any accidental or natural causes for those evils, we are led to inquire whether they have arisen from the mistaken policy of man. i have the honour to be, my lord, &c. fifth letter. _dublin, th aug., ._ my lord, every man of discernment, who attends to the facts which have been stated, would conclude, that there must be some political institutions in this country counteracting the natural course of things, and obstructing the prosperity of the people. those institutions should be considered, that as from the effects the cause has been traced, this also should be examined, to show that such consequences are necessarily deducible from it. for several years the exportation of live cattle to england[ ] was the principal trade of ireland. this was thought, most erroneously,[ ] as has since been acknowledged,[ ] to lower the rents of lands in england. from this, and perhaps from some less worthy motive[ ] a law passed in england,[ ] to restrain and afterwards to prohibit the exportation of cattle from ireland. the irish, deprived of their principal trade, and reduced to the utmost distress by this prohibition, had no resource but to work up their own commodities, to which they applied themselves with great ardour.[ ] after this prohibition they increased their number of sheep, and at the revolution were possessed of very numerous flocks. they had good reasons to think that this object of industry was not only left open, but recommended to them. the ineffectual attempt by lord strafford, in , to prevent the making of broadcloths in ireland,[ ] the relinquishment of that scheme by never afterwards reviving it, the encouragement given to their woollen manufactures by many english acts of parliament from the reign of edward iii.[ ] to the th of charles ii., and several of them for the express purpose of exportation; the letter of charles ii., in , with the advice of his privy council in england, and the proclamation in pursuance of that letter, encouraging the exportation of their manufactures to foreign countries; by the irish statutes of the th henry viii. ch. ; th henry viii. ch. ; of the th elizabeth, ch. , and th and th charles ii., ch. (all of which, the act of th henry viii. excepted, received the approbation of the privy council of england, having been returned under the great seal of that kingdom) afforded as strong grounds of assurance as any country could possess for the continuance of any trade or manufacture. great numbers of their flocks had been destroyed at the time of the revolution, but they were replaced, at great expense, and became more numerous and flourishing than before. the woollen manufacture was cultivated in ireland for ages before, and for several years after the revolution, without any appearance of jealousy from england, the attempt by lord strafford excepted. no discouragement is intimated in any speech from the throne until the year ; lord sydney's, in , imparts the contrary. "their majesties," says he,[ ] "being in their own royal judgments satisfied that a country so fertile by nature, and so advantageously situated for _trade and navigation_, can want nothing but the blessing of peace, and the help of some good laws to make it as rich and flourishing _as most of its neighbours_; i am ordered to assure you that nothing shall be wanting on their parts that may contribute to your perfect and lasting happiness." several laws had been made[ ] in england to prevent the exportation of wool, yarn made of wool, fuller's earth, or any kind of scouring earth or fulling clay from england or ireland, into any places out of the kingdoms of england or ireland. but those laws were equally restrictive on both kingdoms. in the first year[ ] of william and mary certain ports were mentioned in ireland, from which only wool should be shipped from that kingdom, and certain ports in england into which only it should be imported; and a register was directed to be kept in the custom house of london of all the wool from time to time imported from ireland. by a subsequent act in this reign,[ ] passed in , the commissioners or farmers of the customs in ireland are directed, once in every six months, to transmit to the commissioners of customs in england, an account of all wool exported from ireland to england, and this last act, in its title, professes the intention of encouraging the importation of wool from ireland. the prohibition of exporting the materials from either kingdom, except to the other, and the encouragement to export it from ireland to england, mentioned in the title of the last-mentioned act, but for which no provision seems to be made, unless the designation of particular ports may be so called, was the system that then seemed to be settled, for preventing the wool of ireland from being prejudicial to england; but the prevention of the exportation of the manufacture was an idea that seemed never to have been entertained until the year , when a bill for that purpose was brought into the english house of commons,[ ] and passed that house; but after great consideration was not passed by the lords in that parliament.[ ] there does not appear to have been any increase at that time in the woollen manufacture of ireland sufficient to have raised any jealousy in england. by a report from the commissioners of trade in that kingdom, dated on the rd of december, , and laid before the house of commons, in , they find that the woollen manufacture in ireland had increased since the year , as follows: years. new draperies. old draperies. frieze. pieces. pieces. yards. , , , , , - / , the bill for restraining the exportation of woollen manufactures from ireland was brought into the english house of commons on the rd of february, , but the law did not pass until the year , in the first session of the new parliament. i have not been able to obtain an account of the exportation of woollen manufactures for the year ,[ ] but from the th of december, , to the th of december, , being the first year in which the exports in books extant are registered in the custom house at dublin, the amount appears to be of new drapery. old drapery. frieze. pieces. pieces. yards. , - / - / , though this increase of export shows that the trade was advancing in ireland, yet the total amount or the comparative increase since could scarcely "sink the value of lands and tend to the ruin of the trade and woollen manufactures of england."[ ] the apprehensions of england seem rather to have arisen from the fears of future, than from the experience of any past rivalship in this trade. i have more than once heard lord bowes, the late chancellor of this kingdom, mention a conversation that he had with sir robert walpole on this subject, who assured him that the jealousies entertained in england of the woollen trade in ireland, and the restraints of that trade had at first taken their rise from the boasts of some of our countrymen in london, of the great success of that manufacture here. whatever was the cause, both houses of parliament in england addressed king william, in very strong terms, on this subject; but on considering those addresses they seem to be founded, not on the state at that time of that manufacture here, but the probability of its further increase. as those proceedings are of great importance to two of the principal manufactures of this country, it is thought necessary to state them particularly. the lords represent, "that the _growing_ manufacture of cloth in ireland[ ] both by the cheapness of all sorts of necessaries for life, and _goodness of materials for making all manner of cloth_, doth invite your subjects of england, with their families and servants, to leave their habitations to settle there, to the increase of the woollen manufacture in ireland, which makes your loyal subjects in this kingdom very apprehensive that _the further growth_ of it _may_ greatly prejudice the said manufacture here; by which the trade of the nation and the value of lands will very much decrease, and the numbers of your people be much lessened here." they then beseech his majesty "in the most public and effectual way, that may be, to declare to all your subjects of ireland, that the _growth_ and _increase_ of the woollen manufacture hath long, and will ever be looked upon with jealousy by all your subjects of this kingdom; _and if not timely remedied_, may occasion very strict laws, totally to prohibit and suppress the same; and, on the other hand, if they turn their industry and skill to the settling and improving the linen manufacture, for which generally the lands of that kingdom are very proper, they shall receive all countenance, favour, and protection from your _royal influence_, for the encouragement and promoting of the said linen manufacture, to _all the advantage and profit that kingdom can be capable of_." king william in his answer says, "his majesty will take care to do what their lordships have desired;" and the lords direct that the lord chancellor should order that the address and answer be forthwith printed and published.[ ] in the address of the commons[ ] they say, that "being sensible that the wealth and peace of this kingdom do, in a great measure, depend on preserving the woollen manufacture, as much as possible, _entire_ to this realm, they think it becomes them, like their ancestors, to be jealous of the _establishment_ and _increase_ thereof elsewhere; and to use their utmost endeavours to prevent it, and therefore, they cannot without trouble observe, that ireland, dependent on, and protected by england in the enjoyment of all they have, and which is so proper for the linen manufacture, the establishment and growth of which there would be so enriching to themselves, and so profitable to england, should _of late_ apply itself to the woollen manufacture, to the great prejudice of the trade of this kingdom, and so unwillingly promote the linen trade, which would benefit both them and us. "the consequence whereof will necessitate your parliament of england to interpose, to prevent the mischief that _threatens_ us, unless your majesty, by your authority and great wisdom, shall find means to secure the trade of england by making your subjects of ireland to pursue the joint interest of both kingdoms. "and we do most humbly implore your majesty's protection and favour in this matter; and that you will make it your royal care, and enjoin all those you employ in ireland, to make it their care, and use their utmost diligence, to hinder the _exportation of wool_ from ireland, except to be imported hither, and for the discouraging the woollen manufactures, and encouraging the linen manufactures in ireland, to which we shall be _always_ ready to give our _utmost_ assistance." this address was presented to his majesty by the house: the answer is explicit: "i shall do all that in me lies to discourage the woollen trade in ireland, and encourage the linen manufacture there; and to promote the trade of england." he soon after wrote a letter[ ] to lord galway, then one of the lord's justices of this kingdom, in which he tells him, "that it was never of such importance to have at present a good session of parliament, not only in regard to my affairs of that kingdom, but especially of this here. the chief thing that must be tried to be prevented is, that the irish parliament takes no notice of what has passed in this here,[ ] and that you make effectual laws for the linen manufacture, and discourage _as far as possible_ the woollen." it would be unjust to infer from any of those proceedings that this great prince wanted affection for this country. they were times of party. he was often under the necessity of complying against his own opinion and wishes, and about this time was obliged to send away his favourite guards, in compliance with the desire of the commons. the houses of parliament in england originally intended, that the business should be done in the parliament of ireland by the exertion of that great and just influence which king william had acquired in that kingdom. on the first day of the following session[ ] the lords justices, in their speech, mention a bill transmitted for the encouragement of the linen and hempen manufactures, which they recommend in the following words: "the settlement of this manufacture will contribute much to people the country, and will be found _much more advantageous to this kingdom_ than the woollen manufacture, which being the settled staple trade of england, from _whence all foreign markets_ are supplied, can never be encouraged _here_ for that purpose; whereas the linen and hempen manufactures will not only be encouraged as consistent with the trade of england, but will render the trade of this kingdom both useful and necessary to england." the commons in their address[ ] promise their hearty endeavours to establish a linen and hempen manufacture in ireland, and say that they hoped to find such a temperament in respect to the woollen trade here, that the same may not be injurious to england. they referred the consideration of that subject to the committee of supply, who resolved that an additional duty be laid on old and new drapery of the manufacture of this kingdom,[ ] that shall be exported, friezes excepted; to which the house agreed.[ ] but there were petitions presented against this duty, and relative to the quantity of it, and the committee appointed to consider of this duty were not it seems so expeditious in their proceedings as the impatience of the times required.[ ] on the nd of october the lords justices made a quickening speech to both houses, taking notice, that the progress which they expected was not made, in the business of the session, and use those remarkable words: "the matters we recommended to you are so necessary, and the prosperity of this kingdom depends so much on the good success of this session, that since we know his majesty's affairs cannot permit your sitting very long, we thought the greatest mark we could give of our kindness and concern for you, was to come hither, and desire you to hasten the despatch of the matters under your consideration; in which we are the more earnest, because we must be sensible, that if the present opportunity his majesty's affection to you hath put into your hands be lost, it seems hardly to be recovered.[ ] on the nd of january, , o. s. the house resolved that the report from the committee of the whole house, appointed to consider of a duty to be laid on the woollen manufactures of this kingdom, should be made on the next day, and nothing to intervene. but on that day a message was delivered from the lords justices in the following words: "we have received his majesty's commands[ ] to send unto you a bill, entitled an act for laying an additional duty upon woollen manufactures exported out of this kingdom; the passing of which in this session his majesty recommended to you, as what may be of great advantage for the preservation of the trade of this kingdom." the bill which accompanied this message was presented, and a question for receiving it was carried in the affirmative, by against . this bill must have been transmitted from the council of ireland. whilst the commons were proceeding with the utmost temper and moderation, were exerting great firmness in restraining all attempts to inflame the minds of the people,[ ] and were deliberating on the most important subject that could arise, it was taken out of their hands; but the bill passed, though not without opposition,[ ] and received the royal assent on the th day of january, . by this act an additional duty was imposed of _s._ for every _s._ in value of broadcloth exported out of ireland, and _s._ on every _s._ in value of new drapery, friezes only excepted, from the th of march, , to the th of march, ;[ ] the only woollen manufacture excepted was one of which ireland had been in possession before the reign of edward iii., and in which she had been always distinguished.[ ] this law has every appearance of having been framed on the part of the administration.[ ] but it did not satisfy the english parliament, where a perpetual law was made, prohibiting, from the th of june, ,[ ] the exportation from ireland of all goods made or mixed with wool, except to england and wales, and with the licence of the commissioners of the revenue; duties[ ] had been before aid on the importation into england equal to a prohibition, therefore this act has operated as a total prohibition of the exportation. before these laws the irish were under great disadvantages in the woollen trade, by not being allowed to export their woollen manufactures to the english colonies,[ ] or to import dye stuffs directly from thence; and the english in this respect, and in having those exclusive markets, possessed considerable advantages. let it now be considered what are the usual means taken to promote the prosperity of any country in respect of trade and manufactures? she is encouraged to work up her own materials, to export her manufactures to other nations, to import from them the material for manufacture, and to export none of her own that she is able to work up; not to buy what she is capable of selling to others, and to promote the carrying trade and ship-building. if these are the most obvious means by which a nation may advance in strength and riches, institutions counteracting those means must necessarily tend to reduce it to weakness and poverty; and, therefore, the advocates for the continuance of those institutions will find it difficult to satisfy the world that such a system of policy is either reasonable or just. the cheapness of labour, the excellence of materials, and the success of the manufacture in the excluded country,[ ] may appear to an unprejudiced man to be rather reasons for the encouragement than for the prohibition. but the preamble of the english act of the th and th of william iii. affirms, that the exportation from ireland and the english plantations in america to foreign markets, heretofore supplied from england, would inevitably sink the value of lands, and tend to the ruin of the trade and manufactures of that realm. i shall only consider this assertion as relative to ireland. a fact upon which the happiness of a great and ancient kingdom, and of millions of people depends, ought to have been supported by the most incontestable evidence, and should never be suffered to rest in speculation, or to be taken from the mere suggestion or distant apprehension of commercial jealousy. those fears for the future were not founded on any experience of the past. from what market had the woollen manufactures of ireland ever excluded england? what part of her trade, and which of her manufactures had been ruined; and where did any of her lands fall by the woollen exports of ireland? were any of those facts attempted to be proved at the time of the prohibition? the amount of the irish export proves it to have been impossible that those facts could have then existed. the consequences mentioned as likely to arise to england from the supposed increase of those manufactures in ireland, had no other foundation but the apprehensions of rivalship among trading people, who, in excluding their fellow-citizens, have opened the gates for the admission of the enemy. whether those apprehensions are now well-founded, should be carefully considered. justice, sound policy, and the general good of the british empire require it. the arguments in support of those restraints are principally these:--that labour is cheaper, and taxes lower, in ireland than in england, and that the former would be able to undersell the latter in all foreign markets. spinning is now certainly cheaper in ireland, because the persons employed in it live on food[ ] with which the english would not be content; but the wages of spinners would soon rise if the trade was opened. at the loom, i am informed, that the same quantity of work is done cheaper in england than in ireland; and we have the misfortune of daily experience to convince us that the english, notwithstanding the supposed advantages of the irish in this trade, undersell them at their own markets in every branch of the woollen manufacture. a decisive proof that they cannot undersell the english in foreign markets. with the increase of manufactures, agriculture, and commerce in ireland, the demand for labour, and consequently its price, would increase.[ ] that price would be soon higher in ireland than in england. it is not in the richest countries, but in those that are growing rich the fastest, that the wages of labour are highest,[ ] though the price of provisions is much lower in the latter; this, before the present rebellion, was in both respects the case of england and north america. any difference in the price of labour is more than balanced by the difference in the price of material, which has been for many years past higher in ireland than in england, and would become more valuable if the export of the manufacture was allowed. the english have also great advantages in this trade from their habits of diligence, superior skill, and large capital. from these circumstances, though the scotch have full liberty to export their woollen manufactures, the english work up their wool,[ ] and the scotch make only some kind of coarse cloths for the lower classes of their people; and this is said to be for want of a capital to manufacture it at home.[ ] if the woollen trade was now open to ireland, it would be for the most part carried on by english capitals, and by merchants resident there. nearly one-half of the stock which carried on the foreign trade of ireland in , inconsiderable as it then was, belonged to those who lived out of ireland.[ ] the greater part of the exportation and coasting trade of british america was carried on by the capitals of merchants who resided in great britain; even many of the stores and warehouses from which goods were retailed in some of their principal provinces, particularly in virginia and maryland, belonged to merchants who resided in great britain, and the retail trade was carried on by those who were not resident in the country.[ ] it is said that in ancient egypt, china, and indostan, the greater part of their exportation trade was carried on by foreigners.[ ] the same thing happened formerly in ireland, where the whole commerce of the country was carried on by the dutch;[ ] and at present, in the victualling trade of ireland, the irish are but factors to the english. this is not without example in great britain, where there are many little manufacturing towns, the inhabitants of which have not capitals sufficient to transport the produce of their own industry to those distant markets where there is demand and consumption for it, and their merchants are properly only the agents of wealthier merchants, who reside in some of the great commercial cities.[ ] the irish are deficient in all kinds of stock, they have not sufficient for the cultivation of their lands, and are deficient in the stocks of master manufacturers, wholesale merchants, and even of retailers. of what ireland gains, it is computed that one-third centres in great britain.[ ] of our woollen manufacture the greatest part of the profit would go directly there. but the manufacturers of ireland would be employed, would be enabled to buy from the farmers the superfluous produce of their labour, the people would become industrious, their numbers would greatly increase, the british state would be strengthened, though probably, this country would not for many years find any great influx of wealth; it would be, however, more equally distributed, from which the people and the government would derive many important advantages. whatever wealth might be gained by ireland would be, in every respect, an accession to great britain. not only a considerable part of it would flow to the seat of government, and of final judicature, and to the centre of commerce; but when ireland should be able she would be found willing, as in justice she ought to be, to bear her part of those expenses which great britain may hereafter incur, in her efforts for the protection of the whole british empire. if ireland cheerfully and spontaneously, but when she was ill able, contributed, particularly in the years , , , and continued to do so in the midst of distress and poverty, without murmur, to the end of the year , when great britain thought proper to relieve her from a burden which she was no longer able to bear, no doubt can be entertained of her contributing, in a much greater proportion, when the means of acquiring shall be open to her. i form this opinion, not only from the proofs which the experience of many years, and in many signal instances has given, but the nature of the irish constitution, which requires that the laws of ireland should be certified under the great seal of england, and the superintending protection of great britain, necessary to the existence of ireland, would make it her interest to cultivate, at all times, a good understanding with her sister kingdom. the lowness of taxes in ireland seems to fall within the objection arising from the cheapness of labour. but the disproportion between the taxes of the two kingdoms is much overrated in great britain. hearth-money in ireland amounts to about £ , yearly, the sums raised by grand juries are said to exceed the annual sum of £ , , and the duties on beef, butter, pork, and tallow exported, at a medium from to , amount to £ , _s._ yearly. these are payable out of lands, or their immediate produce, and may well be considered as a land-tax. these, with the many other taxes payable in ireland, compared either with the annual amount of the sums which the inhabitants can earn or expend, with the rental of the lands, the amount of the circulating specie, of personal property, or of the trade of ireland, it is apprehended would appear not to be inferior in proportion to the taxes of england compared with any of those objects in that country.[ ] the sums remitted to absentees[ ] are worse than so much paid in taxes, because a large proportion of these is usually expended in the country. if this reasoning is admitted, it will require no calculation to show that ireland pays more taxes in proportion to its small income than england does in proportion to its great one. of excisable commodities, the consumption by each manufacturer is not so considerable as to make the great difference commonly imagined in the price of labour. it is an acknowledged fact that ireland pays in excises as much as she is able to bear, and that her inability to bear more arises from those very restraints. but supposing the disproportion to be as great as is erroneously imagined in great britain, it will not conclude in favour of the prohibition. the land-tax is nearly four times as high in some counties of england as in others, and provisions are much cheaper in some parts of that kingdom than in others, and yet they have all sufficient employment, and go to market upon equal terms. but a monopoly and not an equal market was plainly the object in ; it was not to prevent the irish from underselling at foreign markets, but to prevent their selling there at all. the consequences to the excluded country have been mentioned. england has also been a great sufferer by this mistaken policy. mr. dobbs, who wrote in ,[ ] affirms that by this law of , our woollen manufacturers were forced away into france, germany, and spain; that they had in many branches so much improved the woollen manufacture of france, as not only to supply themselves, but to vie with the english in foreign markets, and that by their correspondence, they had laid the foundation for the running of wool thither both from england and ireland. he says that those nations were then so improved, as in a great measure to supply themselves with many sorts they formerly had from england, and since that time have deprived britain of millions, instead of thousands that ireland might have made. it is now acknowledged that the french undersell the english; and as far as they are supplied with irish wool, the loss to the british empire is double what it would be, if the irish exported their goods manufactured. this is mentioned by sir matthew decker[ ] as the cause of the decline of the english, and the increase of the french woollen manufactures; and he asserts that the irish can recover that trade out of their hands. england, since the passing of this law, has got much less of our wool than before.[ ] in , the export of our wool to england amounted to , - / stone; at a medium of eight years, to lady-day, , it was only , stone, which is , stone less than in , and was a loss of more than half a million yearly to england. in the last ten years the quantity exported has been so greatly reduced, that in one of these years[ ] it amounted only to st. lb., and in the last year did not exceed st. lb.[ ] the price of wool under an absolute prohibition, is £ or £ per cent. under the market price of europe, which will always defeat the prohibition.[ ] the impracticability of preventing the pernicious practice of running wool is now well understood. of the thirty-two counties in ireland nineteen are maritime, and the rest are washed by a number of fine rivers that empty themselves into the sea. can such an extent of ocean, such a range of coasts, such a multitude of harbours, bays, and creeks, be effectually guarded? the prohibition of the export of live cattle forced the irish into the re-establishment of their woollen manufacture; and the restraint of the woollen manufacture was a strong temptation to the running of wool. the severest penalties were enacted, the british legislature, the government, and house of commons in ireland, exerted all possible efforts to remove this growing evil, but in vain, until the law was made in great britain[ ] in to take off the duties from woollen or bay yarn exported from ireland, excepting worsted yarn of two or more threads, which has certainly given a considerable check to the running of wool, and has shown that the policy of opening is far more efficacious than that of restraining. the world is become a great commercial society; exclude trade from one channel, and it seldom fails to find another. to show the absolute necessity of great britain's opening to ireland some new means of acquiring, let the annual balance of exports and imports returned from the entries in the different custom houses, in favour of ireland, on all her trade with the whole world, in every year from to , be compared with the remittances made from ireland to england in each of those years, it will evidently appear that those remittances could not be made out of that balance. the entries of exports made at custom houses are well known to exceed the real amount of those exports in all countries, and this excess is greater in times of diffidence, when merchants wish to acquire credit by giving themselves the appearance of being great traders. this balance in favour of ireland on her general trade, appears by those returns to have been, in , £ , _s._ - / _d._; in , £ , _s._ - / _d._; in , £ , _s._ _d._; and, taken at a medium of eleven years, from to , both inclusive, it amounts to the sum of £ , _s._ _d._ the sums remitted from ireland to great britain for rents, interest of money, pensions, salaries, and profits of offices, amounted, at the lowest computation, from to , to £ , , yearly;[ ] and from , when the tontines were introduced, from which period large sums were borrowed from england, those remittances were considerably increased, and are now not less than between and £ , yearly. ireland then pays to great britain double the sum that she collects from the whole world in all the trade which great britain allows her. it will be difficult to find a similar instance in the history of mankind. those great and constant issues of her wealth without any return, not felt by any other country in such a degree, are reasons for granting advantages to ireland to supply this consuming waste, instead of depriving her of any which nature has bestowed. if any of the resources which have hitherto enabled her to hear this prodigious drain are injurious to the manufactures both of england and ireland, and highly advantageous to the rivals and enemies of both, is it wise in great britain by persevering in an inpracticable system of commercial policy, repugnant to the natural course and order of things, to suffer so very considerable a part of the empire to remain in such a situation? the experiment of an equal and reasonable system of commerce is worth making; that which has been found the best conductor in philosophy is the surest guide in commerce. would you consult persons employed in the trade? they have in one respect an interest opposite to that of the public. to narrow the competition is advantageous to the dealers,[ ] but prejudicial to the public. if edward i. had not preferred the general welfare of his subjects to the interested opinions and petitions of the traders, all merchant traders (who were then mostly strangers) would have been sent away from london,[ ] for which purpose the commons offered him the fiftieth part of their movables.[ ] what was the information given by the trading towns in and on the subject of the woollen manufacture of ireland? several of their[ ] petitions state that the woollen manufacture was _set-up_ in ireland, as if it had been lately introduced there; and one of them goes so far as to represent the particular time and manner of introducing it. "many of the poor of that kingdom," says this extraordinary petition, "during the late rebellion there, fled into the west of england, where they were put to work in the woollen manufacture to learn that trade; and since the reduction of ireland _endeavours were used to set up_ those manufactures there.[ ] would any man suppose that this could relate to a manufacture in which this kingdom excelled before the time of edward iii., which had been the subject of so many laws in both kingdoms, and which was always cultivated here, and before this rebellion with more success than after it? the trading towns gave accounts totally inconsistent of the state of this manufacture at that time in england: from exeter it is represented as greatly decayed and discouraged[ ] in those parts, and diminished in england. but a petition from leeds represents this manufacture as having very much increased[ ] since the revolution in all its several branches, to the general interest of england; and yet, in two days after the clothiers from three towns in gloucestershire assert that the trade has decayed, and that the poor are almost starved.[ ] the commissioners of trade differ in opinion from them and by their report it appears that the woollen manufacture was then very much increased and improved.[ ] the traders have sometimes mistaken their own interests on those subjects. in a petition for prohibiting the importation from ireland of all worsted and woollen yarn, represents that the poor of england are ready to perish by this importation;[ ] and in several petitions were preferred against taking off the duties[ ] from worsted and bay yarn exported from ireland to england. but this has been done in the manner before mentioned, and is now acknowledged to be highly useful to england. trading people have ever aimed at exclusive privileges. of this there are two extraordinary instances: in the year two petitions were preferred from folkstone and aldborough, stating a singular grievance that they suffered from ireland, "by the irish catching herrings _at waterford and wexford_,[ ] and sending them to the streights, and thereby _forestalling_ and ruining petitioners' markets;" but these petitioners had the _hard lot_ of having motions in their favour rejected. i wish that the fullest information may be had in this important investigation, but between the inconsistent accounts and opinions that will probably be given, experience only can decide; and experience will demonstrate that the removal of those restraints will promote the prosperity of both kingdoms. i have the honour to be, my lord, &c. sixth letter. _dublin, st september, ._ my lord, by the proceedings in the english parliament, in the year , and the speech of the lords justices to the irish parliament in that year, it appears that the linen was intended to be given to this country as an equivalent for the woollen manufacture. the opinion that this supposed equivalent was accepted as such by ireland is mistaken. the temperament which the commons of ireland in their address said they hoped to find was no more than a partial and temporary duty on exportation, as an experiment only, and not as an established system, reserving the exportation of frieze, then much the most valuable part to ireland.[ ] the english intended the linen manufacture as a compensation, and declared that they thought it would be much more advantageous to ireland[ ] than the woollen trade. this idea of an equivalent has led several persons, and, among the rest, two very able writers[ ] into mistakes from the want of information in some facts which are necessary to be known, that this transaction may be fully understood, and, therefore, ought to be particularly stated. the irish had before this period applied themselves to the linen trade. this appears by two of their statutes, in the reign of elizabeth, one laying a duty on the export of flax and linen yarn,[ ] and the other making it felony to ship them without paying such duty.[ ] in the reign of charles i. great pains were taken by lord strafford to encourage this manufacture, and in the succeeding reign[ ] the great and munificent efforts of the first duke of ormond were crowned with merited success. the blasts of civil dissensions nipped those opening buds of industry; and, when the season was more favourable, it is probable that, like england, they found the woollen manufacture a more useful object of national pursuit, which may be collected from the address of the english house of commons, "that they so unwillingly promote the linen trade,"[ ] and it was natural for a poor and exhausted country to work up the materials of which it was possessed. in the english had given encouragement to the manufactures of hemp and flax in ireland, but without stipulating any restraint of the export of woollen goods. the english act made in that year recites that great sums of money were yearly exported out of england for the purchasing of hemp, flax, and linen, and the productions thereof, which might be prevented by being supplied from ireland, and allows natives of england and ireland to import into england, free of all duties,[ ] hemp and flax, and all the productions thereof. in the same session[ ] a law passed in england for the more effectually preventing the exportation of wool, and for encouraging the importation thereof from ireland. both those manufactures were under the consideration of parliament this session, and it was thought, from enlarged views of the welfare of both kingdoms, that england should encourage the linen without discouraging the woollen manufacture of ireland. there was no further encouragement given by england to our linen manufacture for some years after the year .[ ] _in there was no equivalent whatever given_ for the prohibition of the export of our woollen manufactures. it is true the assurances given by both houses of parliament in england for the encouragement of our linen trade were as strong as words could express; but was this intended encouragement, if immediately carried into execution, an equivalent to ireland for what she had lost? let it first be considered whether it was an equivalent at the time of the prohibition. the woollen was then the principal manufacture and trade of ireland. that it was then considered as her staple, appears from the several acts of parliament before mentioned, and from the attempt made in by the irish house of commons to lay a duty on all old and new drapery imported. the amount of the export proves[ ] the value of the trade to so poor a country as ireland, and makes it probable that she then clothed her own people. the address of the english house of lords shows that this manufacture was "growing" amongst us, and the goodness of our own materials "for making _all manner_ of cloth."[ ] and the english act of is a voucher that this manufacture was then in so flourishing a state as to give apprehensions, however ill founded, of its rivalling england in foreign markets. the immediate consequences to ireland showed the value of what she lost; many thousands of manufacturers were obliged to leave this kingdom for want of employment; many parts of the southern and western counties were so far depopulated that they have not yet recovered a reasonable number of inhabitants; and the whole kingdom was reduced to the greatest poverty and distress.[ ] the linen trade of ireland was then of little consideration, compared with the woollen.[ ] the whole exportation of linens, in ,[ ] amounted only in value to £ , . it was an experiment substituted in the place of an established trade. the english ports in asia, africa, and america were then shut against our linens; and, when they were opened[ ] for our white and brown linens, the restraints of imports from thence to ireland made that concession of less value, and she still found it her interest to send, for the most part, her linens to england. the linen could not have been a compensation for the woollen manufacture, which employs by far a greater number of hands, and yields much greater profit to the public, as well as to the manufacturers.[ ] of this manufacture there are not many countries which have the primum in equal perfection with england and ireland; and no countries, taking in the various kinds of those extensive manufactures, so fit for carrying them on. there cannot be many rivals in this trade: in the linen they are most numerous. other parts of the world are more fit for it than ireland, and many equally so. if this could be supposed to have been an equivalent at the time, or to have become so by its success, it can no longer be considered in that light. the commercial state of europe is greatly altered. ireland can no longer enjoy the benefit intended for her. it was intended that the great sums of money remitted out of england to foreign countries in this branch of commerce should all centre in ireland, and that england should be supplied with linen from thence;[ ] but foreigners now draw great sums from england in this trade, and rival the irish in the english markets. the russians are becoming powerful rivals to the irish, and undersell them in the coarse kinds of linen. this is now the staple manufacture of scotland. england, that had formerly cultivated this manufacture without success, and had taken linens[ ] from france to the amount of £ , yearly, has now made great progress in it. the encouragement of this trade in england and scotland has been long a principal object to the british legislature; and the nation that encouraged us to the undertaking has now become our rival in it.[ ] that this is not too strong an expression will appear by considering two british statutes, one of which[ ] has laid a duty on the importation of irish sail-cloth into great britain, as long as the bounties should be paid on the exportation from[ ] ireland, which obliged us to discontinue them; and the other[ ] has given a bounty on the exportation of _british_ chequered and striped linens exported out of _great britain_ to africa, america, spain, portugal, gibraltar, the island of minorca, or the east indies. this is now become a very valuable part of the manufacture, which great britain, by the operation of this bounty, keeps to herself. the bounties on the exportation of all other linen, which she has generously given to ours as well as to her own,[ ] operate much more strongly in favour of the latter;[ ] the expense of freight, insurance, commission, &c., in sending the linens from ireland to england has been computed at four per cent.; and if this computation is right, when the british linens obtain £ per cent., the full amount of the premium, the irish do not receive above eight. those bounties, though acknowledged to be a favour to ireland, give great britain a further and a very important advantage in this trade, by inducing us to send all our linens to england, from whence other countries are supplied. the great hinge upon which the stipulation on the part of england, in the year , turned was, that england should give every possible encouragement to the linen and hempen manufactures in ireland. encouraging those manufactures in another country was not compatible with this intention. the course of events made it necessary to do this in scotland;[ ] the course of trade made it necessary for england to do the same. a commercial country must cultivate every considerable manufacture of which she has or can get the primum. these circumstances have totally changed the state of the question; and if it was reasonable and just that ireland, in , should have accepted of the linen in the place of the woollen manufactures, it deserves to be considered whether by the almost total change of the circumstances it is not now unreasonable and unjust. america itself, the opening of whose markets[ ] to irish linens was thought to have been one of the principal encouragements to that trade, is now become a rival and an enemy; and when she puts off the latter character, will appear in the former with new force and infinite advantages. the emigration for many years of such great multitudes of our linen manufacturers to america,[ ] proves incontrovertibly that they can carry on their trade with more success in america than in ireland. but let us examine the facts to determine whether the proposed encouragements have taken place. the declaration of the lords of england for the encouragement of the linen manufacture of ireland was "to all the advantage and profit that kingdom can be capable of;" and of the commons, "that they shall be _always_ ready to give it their _utmost_ assistance." the speech of the lords justices shows the extent of this engagement, and promises the encouragement of england "to the linen and hempen manufactures of ireland." in the year [ ] liberty was given to the natives of england or ireland to export from ireland to the english plantations white and brown linens only, but no liberty given to bring in return any goods from thence to ireland, which will appear from the account in the appendix to have made this law of inconsiderable effect. in premiums were given on the exportation of english and irish linens from great britain; and the bounty granted by great britain, in , on flax seed imported into ireland is a further proof of the munificent attention of great britain to our linen trade. but chequered, striped, printed, painted, stained, or dyed linens were not until lately admitted into the plantations from ireland; and the statutes of queen anne,[ ] laying duties at the rate of thirty per cent. on such linens made in _foreign_ parts and imported into great britain, have been, rather by a forced construction, extended to ireland, which is deprived of the british markets[ ] for those goods, and, until the year ,[ ] was excluded from the american markets also. but it is thought, as to chequered and striped linens, which are a valuable branch of the linen trade, that this act will have little effect in favour of this country, from the operation of the before-mentioned british act of the th g. , which, by granting a bounty on the exportation of those goods of the manufacture of great britain only gives a direct preference to the british linen manufacture before the irish. the hempen manufacture of ireland has been, so far, _discouraged_ by great britain, that the irish have totally abandoned the culture of hemp.[ ] i hope to be excused for weighing scrupulously a proposed equivalent, for which the receiver was obliged to part with the advantages of which he was possessed. the equivalent, given in , for the almost entire exclusion of ireland from the ports of england and america, was the exportation of our manufactures to foreign nations. the prohibition of was not altogether consistent with the equivalent of ; and from the equivalent of the superior encouragement since given to english and scotch linen, and the discouragement to the chequer and stamped linen and sail-cloth of ireland must make a large deduction. but why must one manufacture only be encouraged? the linen and the woollen trades of ireland were formerly both encouraged by the legislatures of both kingdoms; they are now both equally encouraged in england. if this single trade was found sufficient employment for , , men who remained in this country at the time of this restraint (the contrary of which has been shown), it would require the interposition of more than human wisdom to divide it among , , men at this day, and to send the multitude away satisfied. no populous commercial country can subsist on one manufacture; if the world has ever produced such an instance i have not been able to find it. reason and experience demonstrate that, to make society happy, the members of it must be able to supply the wants of each other, as far as their country affords the means; and, where it does not, by exchanging the produce of their industry for that of their neighbours. when the former is discouraged, or the latter prevented, that community cannot be happy. if they are not allowed to send to other countries the manufactured produce of their own, the people who enjoy that liberty will undersell them in their own markets; the restrained manufacturers will be reduced to poverty, and will hang like paralytic limbs on the rest of the body. if england's commercial system would have been incomplete, had she failed to cultivate any one principal manufacture of which she had or could obtain the material, what shall we say to the commercial state of that country, restrained in a manufacture of which she has the materials in abundance, and in which she had made great progress, and almost confined to one manufacture of which she has not the primum. manufactures, though they may flourish for a time, generally fail in countries that do not produce the principal materials of them. of this there are many instances. venice and the other italian states carried on the woollen manufacture until the countries which produced the materials manufactured them, when the italian manufactures declined, and dwindled into little consideration in comparison of their former splendour. the flemings, from their vicinity to those countries that produced the materials, beat the italians out of their markets. but when england cultivated that manufacture, the flemings lost it. that this, and not oppression, was the cause, appears from the following state of the linen manufacture[ ] there, because it consumes flax, the native produce of the soil; and it is much to be feared that those islands will be obliged to yield the superiority in this trade to other nations that have great extent of country, and sufficient land to spare for this impoverishing production. that some parts of ireland may produce good flax must be allowed, and also that parts of flanders would produce fine wool. but though the legislature has for many years made it a capital object to encourage the growth of flax and the raising of flax-seed in this kingdom, yet it is obliged to pay above £ , yearly in premiums on the importation of flax-seed, which is now almost imported, and costs us between £ , and £ , yearly. flax farming, in any large quantity, is become a precarious and losing trade,[ ] and those who have been induced to attempt it by premiums from the linen board have, after receiving those premiums, generally found themselves losers, and have declined that branch of tillage. when the imported flax-seed is unsound and fails, in particular districts, which very frequently happens, the distress, confusion, and litigation that arise among manufacturers, farmers, retailers, and merchants, affords a melancholy proof of the dangerous consequences to a populous nation when the industry of the people and the hope of the rising year rest on a single manufacture, for the materials of which we must depend upon the courtesy and good faith of other nations. let me appeal to the experience of very near a century in the very instance now before you. a single manufacture is highly encouraged; it obtains large premiums, not only from the legislature of its own country, but from that of a great neighbouring kingdom; it becomes not only the first, but almost the sole national object; immense sums of money are expended in the cultivation of it,[ ] and the success exceeds our most sanguine expectations. but look into the state of this country; you will find property circulating slowly and languidly, and in the most numerous classes of your people no circulation or property at all. you will frequently find them in want of employment and of food, and reduced in a vast number of instances from the slightest causes to distress and beggary. all other manufacturers will continue spiritless, poor, and distressed, and derive from uncertain employment a precarious and miserable subsistence; they gain little by the success of the prosperous trade, the dealers in which are tempted to buy from that country to which they principally sell; the disease of those morbid parts must spread through the whole body, and will at length reach the persons employed in the favoured manufacture. these will become poor and wretched, and discontented; they emigrate by thousands; in vain you represent the crime of deserting their country, the folly of forsaking their friends, the temerity of wandering to distant, and, perhaps, inhospitable climates; their despondency is deaf to the suggestions of prudence, and will answer, that they can no longer stay "where hope never comes," but will fly from these "regions of sorrow."[ ] let me not be thought to undervalue the bounties and generosity of that great nation which has taken our linen trade under its protection. there is much ill-breeding, though, perhaps, some good sense, in the churlish reply of the philosopher to the request of the prince who visited his humble dwelling, and desired to know, and to gratify his wishes; that they were no more than this, that the prince should not stand between the philosopher and the sun. had he been a man of the world he might have expressed the same idea with more address, though with less force and significance; he might have said, "i am sensible of your greatness and of your power; i have no doubts of your liberality; but nature has abundantly given me all that i wish; intercept not one of her greatest gifts; allow me to enjoy the bounties of her hand, and the contentment of my own mind will furnish the rest." i have the honour to be, my lord, &c. seventh letter. _dublin, rd september, ._ my lord, by comparing the restrictive law of with the statutes which had been previously enacted in england from the fifteenth year of the reign of charles ii., relative to the colonies, it appears that this restrictive law originated in a system of colonisation. the principle of that system was that the colonies should send their materials to england and take from thence her manufactures, and that the making those manufactures in the colonies should be prohibited or discouraged. but was it reasonable to extend this principle to ireland? the climate, growth, and productions of the colonies were different from those of the parent country. england had no sugar-canes, coffee, dying stuff, and little tobacco. she took all those from her colonies only, and it was thought reasonable that they should take from her only the manufactures which she made. but in ireland the climate, soil, growth, and productions are the same as in england, who could give no such equivalent to ireland as she gave to america, and was so far from considering her when this system first prevailed, as a proper subject for such regulations, that she was allowed the benefits arising from those colonies equally with england, until the fifteenth year of the reign of king charles ii.[ ] by an act passed in that year, ireland had no longer the privilege of sending any of her exports, except servants, horses, victuals, and salt, to any of the colonies; the reasons are assigned in the preamble "to make this kingdom a staple, not only of the commodities of those plantations, but also of the commodities of other countries and places for the supplying of them, and it being the usage of other nations to keep their plantation trade to themselves."[ ] at the time of passing this law, though less liberal ideas in respect of ireland were then entertained, it went no further than not to extend to her the benefits of those colony regulations; but it was not then thought that this kingdom was a proper subject for any such regulations. the scheme of substituting there, instead of the woollen, the linen trade, was not at that time thought of. the english were desirous to establish it among themselves, and by an act of parliament,[ ] made in that year for encouraging the manufacture of linen, granted to all foreigners who shall set up in england the privileges of natural born subjects. but it appears by the english statute of the th and th of william iii.,[ ] which has been before stated, that this scheme had not succeeded in england, and from this act it is manifest that england considered itself as well as ireland interested to encourage the linen manufacture there; and it does not then appear to have been thought just that ireland should purchase this benefit for both, by giving up the exportation of any other manufacture. but in a different principle prevailed, in effect the same, so far as relates to the woollen manufacture, with that which had prevailed as to the commerce of the colonies. this is evident from the preamble of the english law,[ ] made in , "for as much as wool and woollen manufactures of cloth, serge, bays, kersies, and other stuffs, made or mixed with wool, are the greatest and most profitable commodities of this kingdom, on which the value of lands and the trade of the nation do chiefly depend, and whereas great quantities of like manufactures have of late been made and are daily increasing in the kingdom of ireland, and _in the english plantations_ in america, and are exported from thence to foreign markets heretofore supplied from england, which will inevitably sink the value of lands, and tend to the ruin of the trade and woollen manufactures of this realm; for the prevention whereof and for the encouragement of the woollen manufactures in this kingdom, &c. the ruinous consequences of the woollen manufactures of ireland to the value of lands, trade, and manufactures of england, stated in this act, are apprehensions that were entertained, and not events that had happened; and before those facts are taken for granted, i request the mischief recited in the acts[ ] made in england to prevent the importation of cattle dead or alive from ireland, may be considered. the mischiefs stated in those several laws are supposed to be as ruinous to england as those recited in the act of , and yet are now allowed to be groundless apprehensions occasioned by short and mistaken views of the real interests of england. sir w. petty[ ] demonstrates that the opinion entertained in england at the time of his prohibition of the import of cattle from ireland was ill-founded; he calls it a strange conceit. if he was now living, he would probably consider the prohibition of our woollen exports as not having a much better foundation. connecting this preamble of the act of , with the speech made from the throne to the parliament of ireland in the year , with the addresses of both houses in england, and with the prohibition by this and by other acts, formerly made in england, of exporting wool from ireland except to that kingdom, the object of this new commercial regulation is obvious. it was to discourage the woollen manufacture in ireland and in effect to prohibit the exportation from thence because it was the principal branch of manufacture and trade in england; to induce us to send to them our materials for that manufacture, and that we should be supplied with it by them; and to encourage, as a compensation to ireland, the linen manufacture, which was not at that time a commercial object of any importance to england. this i take to be a part of the system of colony regulations. whether it was reasonable or just to bring this kingdom into that system, has been already submitted from arguments drawn from the climates and productions of the different countries. the supposed compensation was no more than what ireland had before; no further encouragement was given by england to our linen manufacture until six years after this prohibition, when at the request of the irish house of commons and after a representation of the ruinous state of the country, liberty was given by an english act of parliament[ ] to export our white and brown linens into the colonies, which was allowing us to do as to one manufacture what, before the fifteenth of king charles ii., was permitted in every instance. it would be presumption in a private man to decide on the weight of those arguments; but to select and arrange facts that lie dispersed in journals and books of statutes in both kingdoms, and to make observations on those facts with caution and respect, can never give offence to those who inquire for the purpose of relieving a distressed nation and of promoting the general welfare. in that confidence i beg leave to place this subject in a different view, and to request that it may be considered what the commercial system of this kingdom was at the time of passing this law of , and whether it was, in this respect, reasonable or just that such a regulation should have been then made? the great object which the lords and commons of great britain have determined to investigate led to such a discussion; determined as they are to pursue effectual methods "for promoting the common strength, wealth, and commerce of both kingdoms." what better guides can they follow than the examples of their ancestors and the means used by them for many centuries, and in the happiest times, for attaining the same great purposes. in my opinion it would be improper, in the present state of the british empire, to agitate disputed questions that may inflame the passions of men. may no such questions ever arise between two affectionate sister kingdoms. it is my purpose only to state acknowledged facts, which never have been contested, and from those facts to lay before you the commercial system of ireland before the year . for several centuries before this period ireland was in possession of the english common law[ ] and of magna charta. the former secures the subject in the enjoyment of property of every kind; and by the latter _the liberties of all the ports of the kingdom are established_. the statutes made in england for the common and public weal are,[ ] by an irish act of the th of henry vii., made laws in ireland; and the english commercial statutes, in which ireland is expressly mentioned, will place the former state of commerce in this country in a light very different from that in which it has been generally considered in great britain. by the th of edward iii., ch. , all sorts of merchandises may be exported from ireland, except to the king's enemies. by the th of edward iii., ch. , merchants of ireland and wales may bring their merchandise to the staple of england; and by the th of the same king, ch. , all kinds of merchandises may be exported from and imported into ireland, as well by aliens as denizens. in the same year there is another statute, ch. , that all persons who have lands or possessions in ireland might freely import thither and export from that kingdom _their own commodities_; and by the th of edward iii., ch. , no alnage is to be paid, if frieze ware, which are made in ireland. this freedom of commerce was beneficial to both countries. it enabled ireland to be very serviceable to edward iii., as it had been to his father and grandfather, in supplying numbers of armed vessels for transporting their great lords and their attendants and troops[ ] to scotland and also to portsmouth for his french wars. but the reign of edward iv. furnishes still stronger instances of the regard shown by england to the trade and manufactures of this country. in the third year of that monarch's reign the artificers of england complained to parliament that they were greatly impoverished, and _could not live_ by bringing in divers commodities and wares ready wrought.[ ] an act passed reciting those complaints, and ordaining that no merchant born a subject of the king, denisen or stranger, or other person, should bring into england or wales any woollen cloths, &c., and enumerates many other manufactures on pain of forfeiture, provided that all wares and "chaffers" made and wrought in ireland or wales may be brought in and sold in the realm of england, as they were wont before the making of that act.[ ] in the next year another act[ ] passed in that kingdom, that all woollen cloth brought into england, and set to sale, should be forfeited, except cloths made in wales or ireland. in those reigns england was as careful of the commerce and manufactures of her ancient sister kingdom, particularly in her great staple trade, as she was of her own. of this attention there were further instances in the years and . in two treaties concluded in those years between england and the duke of bretagne, the merchandise to be traded in between england, ireland, and calais on the one part, and bretagne on the other, is specified, and woollen cloths are particularly mentioned.[ ] and in a treaty between henry vii. and the netherlands, ireland is included, both as to exports and imports.[ ] the commercial acts of parliament in which ireland is mentioned have only been stated, because they are not generally known. but the laws made in england before the th henry vii. for the protection of merchants and the security of trade, being laws for the common and public weal, are also made laws here by the irish statute of that year, which was returned under the great seal of england, and must have been previously considered in the privy council of that kingdom. at this period, then, the english commercial system and the irish, so far as it depended upon the english statute law, was the same; and before this period, so far as it depended upon the common law and magna charta, was also the same. from that time until the th of king charles ii., which takes in a period of years, the commercial constitution of ireland was as much favoured and protected as that of england. "the free enlargement of common traffic which his majesty's subjects of ireland enjoyed," is taken notice of incidentally in an english statute, in the reign of king james i.,[ ] and in , king charles i. made a strong declaration in favour of the trade and manufactures of this country. by several english statutes in the reign of king charles ii., an equal attention was shown to the woollen manufactures in both kingdoms; in the th year of his reign[ ] the exportation of wool, wool-felts, fuller's earth, or any kind of scowering earth, was prohibited from both. but let the reasons mentioned in the preamble for passing this law be adverted to: "for preventing inconveniences and losses that happened, and that daily do and may happen, to the kingdom of england, dominion of wales, and kingdom of ireland, through the secret exportation of wool out of and from the said kingdoms and dominions; and for the _better setting on work the poor people_ and inhabitants of the kingdoms and dominions aforesaid, and to the intent that the full use and benefit of _the principal native commodities_ of the same kingdom and dominion may come, redound, and be unto the subjects and inhabitants of the same." this was the voice of nature, and the dictate of sound and general policy; it proclaimed to the nations that they should not give to strangers the bread of their own children; that the produce of the soil should support the inhabitants of the country; that their industry should be exercised on their own materials, and that the poor should be employed, clothed, and fed. the shipping and navigation of england and ireland were at this time equally favoured and protected. by another act of the same year no goods or commodities[ ] of the growth, production or manufacture of asia, africa, or america, shall be imported into england, _ireland_, or wales, but in ships which belong to the people of england or _ireland_, the dominion of wales, or town of berwick-upon-tweed, or which are of the built of the said lands, and of which the master and three-fourths of the mariners are english; and a subsequent statute[ ] makes the encouragement to navigation in both countries equal, by ordaining that the subjects of ireland and of the plantations shall be accounted english within the meaning of that clause. another law[ ] of the same reign shows that the navigation, commerce, and woollen manufactures of both kingdoms were equally protected by the english legislature. this act lays on the same restraint as the above-mentioned act of the th of charles ii., and makes the transgression still more penal. it recites that wool, wool-felts, &c., are secretly exported from england and ireland to foreign parts to the great decay of the woollen manufactures, and the destruction of the navigation and commerce of _these kingdoms_. from those laws it appears that the commerce, navigation, and manufactures of this country were not only favoured and protected by the english legislature, but that we had in those times the full benefit of their plantation trade; whilst the woollen manufactures were protected and encouraged in england and ireland, the planting of tobacco in both was prohibited, because "it was one of the main products of several of the plantations, and upon which their welfare and subsistence do depend."[ ] this policy was liberal, just, and equal; it opened the resources and cultivated the strength of every part of the empire. this commercial system of ireland was enforced by several acts of her own legislature; two statutes passed in the reign of henry viii. to prevent the exportation of wool, because, says the first of those laws, "it hath been the cause of dearth of cloth and idleness of many folks,"[ ] and "tends to the desolation and ruin of this poor land." the second of those laws enforces the prohibition[ ] by additional penalties; it recites "that the said beneficial law had taken little effect, but that since the making thereof great plenty of wool had been conveyed out of this land to the great and inestimable hurt, decay, and impoverishment of the king's poor subjects within the said land, for redress whereof, and in consideration that conveying of the wool of the growth of this land out of the same is one of the greatest occasions of the idleness of the people, waste, ruin, and desolation of the king's cities and borough towns, and other places of his dominion within this land." the th of elizabeth[ ] lays duties on the exportation equal to a prohibition, and the reason given in the preamble ought to be mentioned: "that the said commodities may be more abundantly wrought in this realm ere they shall be so transported than presently they are, which shall set many now living idle on work, to the great relief and commodity of this realm.[ ] by the preamble of one of those acts,[ ] made in the reign of charles ii., it appears that the sale of irish woollen goods in foreign markets was encouraged by england, "whereas there is a general complaint in _england_, france, and other parts beyond the seas (whither the woollen cloths and other commodities made of wool in this, his majesty's kingdom of ireland, are transported) of the false, deceitful, uneven, and uncertain making thereof, which cometh to pass by reason that the clothiers and makers thereof do not observe any certain assize for length, breadth, and weight for making their clothes and other commodities aforesaid in this kingdom, as they do in the realm of england, and as they ought also to do here, by which means the merchants, buyers, and users of the said cloth and other commodities are much abused and deceived, and the credit, esteem, and sale of the said cloth and commodities is thereby much impaired and undervalued, to the great and general hurt and hindrance of the trade of clothing in this whole realm." after the ports of england were shut against our cattle, and our trade to the english colonies was restrained, still this commercial system was adhered to by encouraging the manufactures of this country, and the exportation of them to foreign countries. in , when the power of the crown was not so well understood as at present, the proclamation before mentioned was published by the lord lieutenant and privy council of ireland,[ ] in pursuance of a letter from charles ii., by the advice of his council in england, notifying to all his subjects of this kingdom the allowance of a free trade to all foreign countries, either at war or peace with his majesty. in the year the distinction between the trade of england and ireland,[ ] and the restraints on that of the latter commenced. by an english act passed in that year, entitled an act "for the encouragement of trade," a title not very applicable to the parts of it that related to ireland; besides laying a prohibition on cattle imported into england from that kingdom, the exportation of all commodities except victuals, servants, horses, and salt for the fisheries of new england and newfoundland, from thence to the english plantations, was prohibited from the th march, . the exports allowed were useful to them, but prejudicial to ireland, as they consisted of our people, our provisions, and a material for manufacture which we might have used more profitably on our own coasts. in , another act[ ] passed in england to prohibit from the th of march, , the exportation from the english plantations to ireland of several materials for manufactures[ ] without first unloading in england or wales. we are informed by this act that the restraint of the exportation from the english plantations to ireland was intended by the act of ; but the intention is not effectuated, though the importation of those commodities into ireland _from england_, without first unloading there is, in effect, prohibited by that act. the prohibition of importing into ireland any plantation goods, unless the same had been first landed in england, and had paid the duties, is made general, without any exception, by the english act of the th and th w. iii., ch. . but by subsequent british acts[ ] it is made lawful to import from his majesty's plantations all goods of their growth or manufactures, the articles enumerated in those several acts excepted.[ ] by a late british act[ ] there is a considerable extension of the exports from ireland to the british plantations. but it is apprehended that this law will not answer the kind intentions of the british legislature. denying the import from those countries to ireland is, in effect, preventing the export from ireland to those countries. money cannot be expected for our goods there, we must take theirs in exchange; and this can never answer on the terms of our being obliged, in our return, to pass by ireland, to land those goods in england, to ship them a second time, and then to sail back again to ireland. no trade will bear such an unnecessary delay and expense. the quickness and the security of the return are the great inducements to every trade. one is lost and the other hazarded by such embarrassments; those who are not subject to them carry on the trade with such advantages over those who are so entangled as totally to exclude them from it. this is no longer the subject of speculation, it has been proved by the experience of above seventy years. since the year , when liberty was given to import white and brown linen from ireland into the english plantations, the quantities sent there directly from ireland were at all times very inconsiderable notwithstanding this liberty; they were sent for the most part from ireland to england before any bounty was given on the exportation from thence, which did not take place until the year ; and from england the english plantations were supplied. there cannot be a more decisive proof that the liberty of exporting without a direct import in return, will not be beneficial to ireland. this country is the part of the british empire most conveniently situated for trade with the colonies. if not suffered to have any beneficial intercourse with them, she will be deprived of one of the great advantages of her situation; and such an obstruction to the prosperity of so considerable a part must necessarily diminish the strength of the whole british empire. those laws laid ireland under restraints highly prejudicial to her commerce and navigation. from those countries the materials for ship-building[ ] and some of those used in perfecting their staple manufactures were had; ireland was, by those laws, excluded from almost all the trade of three quarters of the globe, and from all direct beneficial intercourse with her fellow-subjects in those countries, which were partly stocked from her own loins. but still, though deprived at that time of the benefit of those colonies, she was not then considered as a colony herself, her manufacturers were not in any other manner discouraged, her ports were left open, and she was at liberty to look for a market among strangers, though not among her fellow-subjects in asia, africa, or america.[ ] by the law of she was, as to her staple manufacture, deprived of those resources; she was brought within a system of colonisation, but on worse terms than any of the plantations who were allowed to trade with each other.[ ] she could send her principal materials for manufacture to england only; but those manufactures were encouraged in england and discouraged in ireland. the probable consequence of which was, and the event has answered the expectation, that we should take those manufactures from that country; and that, therefore, in those various trades which employ the greatest numbers of men, the english should work for our people; the rich should work for the poor. let the histories of both kingdoms, and the statute books of both parliaments be examined, and no precedent will be found for the act of , or for the system which it introduced. the whole tenor of the english statutes relative to the trade of this country, and which, by our act of the th of henry vii., became a part of our commercial constitution, breathe a spirit totally repugnant to the principle of that law; and it is, therefore, with the utmost deference, submitted to those who have the power to decide whether this law was agreeable to the commercial constitution of ireland, which, for years, has never produced a similar instance. it might be naturally supposed, by a person not versed in our story, that in the seventeenth century there had been some offence given or some demerit on our part. he would be surprised to hear that during this period our loyalty had been exemplary, and our sufferings on that account great. in , great numbers of the protestants of ireland were destroyed, and many of them were deprived of their property and driven out of their country from their attachment to the english government in this kingdom, and to that religion and constitution which they happily enjoyed under it. at the revolution they were constant in the same principles, and successfully staked their lives and properties against domestic and foreign enemies in support of the rights of the english crown, and of the religious and civil liberties of britain and of ireland. they bravely shared with her in all her dangers, and liberally partook of all her adversities. whatever were their rights, they had forfeited none of them. whatever favours they enjoyed, they had new claims from their merit and their sufferings to a continuance of them. they now wanted more than ever the care of that fostering hand which, by rescuing them twice from oppression (obligations never to be forgotton by the protestants of ireland), established the liberties, confirmed the strength, and raised the glory of the british empire. in speaking of a commercial system, it is not intended to touch upon the power of making or altering laws; the present subject leads us only to consider whether that power has been exercised in any instances contrary to reason, justice, and public utility. when we consider, with the utmost deference to established authority, what is _reasonable, useful, and just_, principles equally applicable to an independent or a subordinate, to a rich or a poor country: _quod æque pauperibus prodest, locupletibus æque_. should any man talk of a conquest above years since, between kingdoms long united like those, in blood, interest, and constitution, he does not speak to the purpose; he may as well talk of the conquest of the norman, and use the antiquated language of obsolete despotism. i revere that conquest which has given to ireland the common law and the magna charta of england. when we consider what is _reasonable, useful, and just_, and address our sentiments to a nation renowned for wisdom and justice, should pride pervert the question, talk of the power of britain, and, in the character of that great country, ask, like tancred, who shall control me? i answer, like the sober siffredi--_thyself_. the power of regulating trade in a great empire is perverted, when exercised for the destruction of trade in any part of it; but whatever or wherever that power is, if it says to the subject on one side of a channel, you may work and navigate, buy and sell; and to the subject on the other side, you shall not work or navigate, buy or sell, but under such restrictions as will extinguish the genius and unnerve the arm of industry; i will only say that it uses a language repugnant to the free spirit of commerce, and of the british and irish constitution. great eulogiums on the virtues of our people have been pronounced by some of the most respected english authors.[ ] yet indolence is objected to them by those who discourage their industry; but they do not reflect that each of these proceeds from habit, and that the noble observation made on virtue in general is equally applicable to industry; the day that it loses its liberty half of its vigour is gone.[ ] the great expenditure of money by england on account of this country is an argument more fit for the limited views of a compting-house than for the enlarged policy of statesmen deliberating on the general good of a great empire. very large sums, it is true, were advanced by england for the relief and recovery of ireland; but these have been reimbursed fifty-fold by the profits and advantages which have since arisen to england from its trade and intercourse with this kingdom. this argument may be further pursued, but accounts of mutual benefits between intimate friends and near relations should always be kept open, and every attempt to strike a balance between them tends rather to raise jealousies than to promote good will. it has been said that the interest of england required that those restraints should be imposed. the contrary has been shown; one of the maxims of her own law instructs us to enjoy our own property, so as not to injure that of our neighbour,[ ] and the true interest of a great country lies in the population, wealth, and strength of the whole empire. if this restrictive system was founded in justice and sound policy towards the middle and at the conclusion of the last century, the present state of the british empire requires new counsels and a system of commerce and of policy totally different from those which the circumstances of these countries, in the years , , and , might have suggested. but it is time to give your lordship a little relief before i enter into a new part of my subject. i have the honour to be, my lord, &c. eighth letter. _dublin, th september, ._ my lord, between the rd of october, , and the same day in the year , five hundred and four thousand of the inhabitants of ireland are said to have perished and been wasted by the sword, plague, famine, hardship, and banishment.[ ] if it had not been for the numbers of british which those wars had brought over,[ ] and such who, either as adventurers or soldiers, seated themselves here on account of the satisfaction made to them in lands, the country had been, by the rebellion of and the plague that followed it, nearly desolate. at the restoration almost the whole property of the kingdom was in a state of the utmost anarchy and confusion. to satisfy the clashing interests of the numerous claimants, and to determine the various and intricate disputes that arose relative to titles, required a considerable length of time. peace and settlement, or, to use the words of one of the acts of parliament[ ] of that time, the repairing the ruins and desolation of the kingdom were the great objects of this period. the english law[ ] of , restraining the exportation from ireland to america, was at that time, and for some years after, scarcely felt in this kingdom, which had then little to export except live cattle, not proper for so distant a market. the act of settlement, passed in ireland the year before this restrictive law, and the explanatory statute for the settlement of this kingdom, was not enacted until two years after. the country continued for a considerable time in a state of litigation, which is never favourable to industry. in , the people must have been poor; the number of them of all degrees who paid poll money in that year was about , .[ ] in , when the country had greatly improved, the manufacture bestowed upon a year's exportation from ireland did not exceed eight thousand pounds,[ ] and the clothing trade had not then arrived to what it had been before the last rebellion. but still the kingdom had much increased in wealth, though not in manufactured exports. the customs which set in for £ , yearly were, in , worth £ , [ ] yearly, and the improvement in domestic wealth, that is to say, in building, planting, furniture, coaches, &c., is said to have advanced from to in a proportion of from one to four. sir william petty, in the year , complains not of the restraints on the exportation from ireland to america,[ ] but of the prohibition of exporting our cattle to england, and of our being obliged to unlade in that kingdom[ ] the ships bound from america to ireland, the latter regulation he considers as highly prejudicial to this country.[ ] the immediate object of ireland at this time seems to have been to get materials to employ her people at home, without thinking of foreign exportations. when we advanced in the export of our woollen goods the law of ,[ ] which excluded them from the american markets, must have been a great loss to this kingdom; and after we were allowed to export our linens to the british colonies in america, the restraints imposed by the law of upon our importations from thence became more prejudicial, and will be much more so if ever the late extension of our exports to america should under those restraints have any effect. for it is certainly a great discouragement to the carrying on trade with any country where we are allowed only to sell our manufactures and produce, but are not permitted to carry from them directly to our own country their principal manufactures or produce. the people to whom we are thus permitted to sell want the principal inducement for dealing with us, and the great spring of commerce, which is mutual exchange, is wanting between us. as the british legislature has thought it reasonable to extend, to a very considerable degree, our exportation to their colonies, and has, doubtless, intended that this favour should be useful to ireland, it is hoped that those restraints on the importation from thence, which must render that favour of little effect, will be no longer continued. from those considerations it is evident that many strong reasons respecting ireland are now to be found against the continuance of those restrictive laws of and , that did not exist at the time of making them. the prohibition of was immediately and universally felt in this country; but in the course of human events various and powerful reasons have arisen against the continuance of that statute, which did not exist, and could not have been foreseen when it was enacted. at the restoration the inhabitants of ireland consisted of three different nations--english, scotch, and irish--divided by political and religious principles, exasperated against each other by former animosities, and by present contests for property. when the settlement of the country was completed, the people became industrious, manufactures greatly increased, and the kingdom began to flourish. the prohibition of exporting cattle to england, and perhaps that of importing directly from america the materials of other manufactures, obliged the irish to increase and to manufacture their own material. they made so great a progress in both, from to , that in the latter year the exports of the woollen manufacture alone amounted in value to £ , _s._ _d._ but the religious and civil animosities continued. the papists objected to the settlement of property made after the restoration,[ ] wished to reverse the outlawries, and to rescind the laws on which that settlement was founded, hoped to establish their own as the national religion, to get the power of the kingdom into their own hands, and to effect all those purposes by a king of their own religion. they endeavoured to attain all those objects by laws[ ] passed at a meeting which they called a parliament, held under this prince after his abdication; and by their conduct at this period, as well as in the year ,[ ] showed dispositions unfavourable to the subordination of ireland to the crown of england. they could not be supposed to be well affected to that great prince who defeated all their purposes. at the time of the revolution the numbers of our people were again very much reduced; but a great majority of the remaining inhabitants consisted of papists. those, notwithstanding their disappointment at that era, were thought to entertain expectations of the restoration of their popish king, and designs unfavourable to the established constitution in church and state. it is not to the present purpose to inquire how long this disposition prevailed. it cannot be doubted but that this was the opinion conceived of their views and principles at the time of passing this law in the year . england could not then consider a country under such unfortunate circumstances as any great additional strength to it. foreign protestants were invited to settle in it, and the emigration of papists in great numbers to other countries was allowed, if not encouraged. though at this period a regard to liberty as well as to economy, occasioned the disbanding of all the army in england, except , , it was thought necessary for the security of ireland that an army of , men should be kept there; and for many years afterwards it was not allowed that this army should be recruited in this kingdom. this distinction of parties in ireland was in those times the mainspring in every movement relative to that kingdom, and affected not only political but commercial regulations. the reason assigned by the english statute, allowing the exportation of irish linen cloth to the plantations, is, after reciting the restrictive law of ,[ ] "_yet_, forasmuch as the protestant interest of ireland ought to be supported, by giving the utmost encouragement to the linen manufactures of that kingdom, in tender regard to her majesty's good protestant subjects of her said kingdom, be it enacted," &c. the papists, then disabled from acquiring permanent property in lands, had not the same interest with protestants in the defence of their country and in the prosperity of the british empire. but those seeds of disunion and diffidence no longer remain. no man looks now for the return of the exiled family any more than for that of perken warbec; and the repeal of magna charta is as much expected as of the act of settlement. the papists, indulged with the exercise of their religious worship, and now at liberty to acquire permanent property in lands, are interested as well as protestants in the security and prosperity of this country; and sensible of the benign influence of our sovereign, and of the protection and happiness which they enjoy under his reign, seem to be as well affected to the king and to the constitution of the state as any other class of subjects, and at this most dangerous crisis have contributed their money to raise men for his majesty's service, and declared their readiness, had the laws permitted, to have taken arms for the defence of their country. they owe much to the favour and protection of the crown, and to the liberal and benevolent spirit of the british legislature which led the way to their relief, and they are peculiarly interested to cultivate the good opinion of their sovereign, and of their fellow-subjects in great britain. the numbers of our people, since the year , are more than doubled; but in point of real strength to the british empire are increased in a proportion of above eight to one. in the year the numbers of our people did not much, if at all, exceed one million. of these , are thought to be a liberal allowance for protestants of all denominations. it is now supposed that there are not less in this kingdom than , , loyal and affectionate subjects to his majesty, and well affected to the constitution and happiness of their country. a political and commercial constitution, if it could have been considered as wisely framed for the years , , and , ought to be reconsidered in the year ; what might have been good and necessary policy in the government of one million of men disunited among themselves, and a majority of them not to be relied upon in support of their king and of the laws and constitution of their country, is bad policy in the government of two millions and a-half of men now united among themselves, and all interested in the support of the crown, the laws, and the constitution. what might have been sufficient employment, and the means of acquiring a competent subsistence for one million of people, when a man, by working two days in the week, might have earned a sufficient support for him and his family, will never answer for two millions and a-half of people,[ ] when the hard labour of six days in the week can scarcely supply a scanty subsistence. nor can the resources which enabled us in the last century to remit £ , yearly to england[ ] support remittances to the amount of more than six times that sum. let the reasons for this restrictive system at the time of its formation be examined, and let us judge impartially whether any one of the purposes then intended has been answered. the reasons respecting america were to confine the plantation trade to england, and to make that country a storehouse of all commodities for its colonies. but the commercial jealousy that has prevailed among the different states of europe has made it difficult for any nation to keep great markets to herself in exclusion of the rest of the world. it was not foreseen at those periods that the colonies, whilst they all continued dependent, should have traded with foreign nations, notwithstanding the utmost efforts of great britain to prevent it. it was not foreseen that those colonies would have refused to have taken any commodities whatever from their parent country, that they should afterwards have separated themselves from her empire, declared themselves independent, resisted her fleets and armies, obtained the most powerful alliances, and occasioned the most dangerous and destructive war in which great britain was ever engaged. nor could it have been foreseen that ireland, excluded from almost all direct intercourse with them, should have been nearly undone by the contest. the reasons then respecting america no longer exist, and whatever may be the event of the conflict, will never exist to the extent expected when this system of restraints and penalties was adopted. the reasons relating to ireland have failed also. the circumstances of this country relative to the woollen manufacture are totally changed since the year . the lords and commons of england appear to have founded the law of that year on the proportion which they supposed that the charge of the woollen manufacture in england then bore to the charge of that manufacture in ireland. in the representation from the commissioners of trade, laid before both houses,[ ] they think it a reasonable conjecture to take the difference between both wool and labour in the two countries to be one-third; and estimating on that supposition, they find that - / per cent. may be laid on broadcloth exported out of ireland, more than on the like cloth exported out of england, to bring them both to an equality. this must have been an alarming representation to england. but if those calculations were just at the time, which is very doubtful, the supposed facts on which they were founded do certainly no longer exist. wool is now generally at a higher price in ireland than in england, and the trifling difference in the price of labour is more than overbalanced by this and the other circumstances in favour of england, which have been before stated; and that those facts supposed in , and the inferences drawn from them, have no foundation in the present state of this country is plain from the experience every day, which shows that instead of our underselling the english, they undersell us in our own markets. besides our exclusion from foreign markets, england had two objects in the discouragement of our woollen trade. it was intended that ireland should send her wool to england, and take from that country her woollen manufactures.[ ] it has been already shown that the first object has not been attained, the second has been carried so far as, for the future, to defeat its own purpose. whilst our own manufacturers were starving for want of employment, and our wool sold for less than one-half its usual price, we have imported from england, in the years and , woollen goods to the enormous amount of £ , _s._ _d._, as valued at our custom house, and of the manufactures of linen, cotton, and silk mixed, to the amount of £ , _s._ _d._, making in the whole in those two years of distress, £ , _s._ _d._[ ] between and , of our manufacturers in those branches were in those two years supported by public charity. from this fact it is hoped that every reasonable man will allow the necessity of our using our own manufactures. agreements among our people for this purpose are not, as it has been supposed, a new idea in this country. it was never so universal as at present, but has been frequently resorted to in times of distress. in the sessions of , , and ,[ ] the house of commons resolved unanimously, that it would greatly conduce to the relief of the poor and the good of the kingdom, that the inhabitants thereof should use none other but the manufactures of this kingdom in their apparel and the furniture of their houses; and in the last of those sessions the members engaged their honours to each other, that they would conform to the said resolution. the not importing goods from england is one of the remedies recommended by the council of trade in , for alleviating some distress that was felt at that time;[ ] and sir william temple, a zealous friend to the trade and manufactures of england, recommends to lord essex, then lord lieutenant, "to introduce, as far as can be, a vein of parsimony throughout the country in all things that are not perfectly the native growths and manufactures."[ ] the people of england cannot reasonably object to a conduct of which they have given a memorable example.[ ] in the english house of lords presented an address to king william to discourage the use and wearing of all sorts of furniture and cloths, not of the growth or manufacture of that kingdom; and beseech him by his royal example effectually to encourage the use and wearing of all sorts of furniture and wearing cloths that are the growth of that kingdom, or manufactured there; and king william assures them that he would give the example to his subjects,[ ] and would endeavour to make it effectually followed. the reason assigned by the lords for this address was that the trade of the nation had suffered by the late long and expensive war. but it does not appear that there was any pressing necessity at the time, or that their manufacturers were starving for want of employment. common sense must discover to every man that, where foreign trade is restrained, discouraged, or prevented in any country, and where that country has the materials of manufactures, a fruitful soil, and numerous inhabitants, the home-trade is its best resource. if this is thought, by men of great knowledge, to be the most valuable of all trades,[ ] because it makes the speediest and the surest returns, and because it increases at the same time two capitals in the same country, there is no nation on the globe whose wealth, population, strength, and happiness would be promoted by such a trade in a greater degree than ours.[ ] two other reasons were assigned for this prohibition: that the irish had shown themselves unwilling to promote the linen manufacture,[ ] and that there were great quantities of wool in ireland. but they have since cultivated the linen trade with great success, and great numbers of their people are employed in it. of late years by the operation of the land-carriage bounty, agriculture has increased in a degree never before known in this country; extensive tracts of lands, formerly sheep-pasture, are now under tillage, and much greater rents are given for that purpose than can be paid by stocking with sheep; the quantity of wool is greatly diminished from what it was in the year , supposing it to have been then equal to the quantity in ,[ ] it has been for several years lessening, and is not likely to be increased. in those two important circumstances the grounds of the apprehensions of england have ceased, and the state of ireland has been materially altered since the year . another reason respecting england and foreign states, particularly france, has failed. england was, in , in possession of the woollen trade in most of the foreign markets, and expected still to continue to supply them, as appears by the preamble of her statute passed in that year. she at that time expected to keep this manufacture to herself. the people of leeds, halifax, and newberry,[ ] petition the house of commons "that by some means the woollen manufacture may be prevented from being set up in foreign countries;" and the commons, in their address, mention the keeping it as much as possible _entire_ to themselves. but experience has proved the vanity of those expectations; several other countries cultivate this trade with success. france now undersells her. england has lost some of those markets, and it is thought probable that ireland, if admitted to them, might have preserved and may now recover the trade that england has lost. a perseverance in this restrictive policy will be ruinous to the trade of great britain. whatever may be the state of america, great numbers of the inhabitants of ireland, if the circumstances of this country shall continue to be the same as at present in respect of trade, will emigrate there; this will give strength to that part of the empire on which great britain can least, and take it from that part on which at present she may most securely depend. but this is not all the mischief; those emigrants will be mostly manufacturers, and will transfer to america the woollen and linen manufactures, to the great prejudice of those trades in england, scotland, and ireland; and then one of the means used to keep the colonies dependent by introducing this country into a system of colonisation, will be the occasion of lessening, if not dissolving, the connection between them and their parent state. great britain, weakened in her extremities, should fortify the heart of her empire; great britain, with powerful foreign enemies united in lasting bonds against her, and with scarcely any foreign alliance to sustain her, should exert every possible effort to strengthen herself at home. the number of people in ireland have more than doubled in fourscore years. how much more rapid would be the increase if the growth of the human race was cherished by finding sufficient employment and food for this prolific nation! it would probably double again in half a century. what a vast accession of strength such numbers of brave and active men, living almost within the sound of a trumpet, must bring to great britain, now said to be decreasing considerably in population!--a greater certainty than double those numbers dispersed in distant parts of the globe, the expense of defending and governing of which must at all times be great. sir w. temple,[ ] in , takes notice of the circumstances prejudicial to the trade and riches of ireland, which had hitherto, he says, made it of more loss than value to england. they have already been mentioned. the course of time has removed some of them, and the wisdom and philanthropy of britain may remove the rest. "without these circumstances (says that honest and able statesman), the native fertility of the soils and seas, in so many rich commodities, improved by multitudes of people and industry, with the advantage of so many excellent havens, and a situation so commodious for all sorts of foreign trade, must needs have rendered this kingdom one of the richest in europe, and made a mighty increase both of strength and revenue to the crown of england."[ ] during this century, ireland has been, without exaggeration, a mine of wealth to england, far beyond what any calculation has yet made it. when poor and thinly inhabited she was an expense and a burden to england; when she had acquired some proportion of riches and grew more numerous, she was one of the principal sources of her wealth. when she becomes poor again, those advantages are greatly diminished. the exports from great britain to ireland, in ,[ ] were less than the medium value of the four preceding years in a sum of £ , _s._ _d_; and in the year , great britain is obliged, partly at her own expense, to defend this country, and for that purpose has generously bestowed out of her own exchequer a large sum of money. those facts demonstrate that the poverty of ireland ever has been a drain, and her riches an influx of wealth to england, to which the greater part of it will ever flow, and it imports not to that country through what channel; but the source must be cleared from obstructions, or the stream cannot continue to flow. such a liberal system would increase the wealth of this kingdom by means that would strengthen the hands of government, and promote the happiness of the people. ireland would be then able to contribute largely to the support of the british empire, not only from the increase of her wealth, but from the more equal distribution of it into a greater number of hands among the various orders of the community. the present inability of ireland arises principally from this circumstance, that her lower and middle classes have little or no property, and are not able, to any considerable amount, either to pay taxes or consume those commodities that are the usual subjects of them; and this has been the consequence of the laws which prevent trade and discourage manufactures. the same quantity of property distributed through the different classes of the people would supply resources much superior to those which can be found in the present state of ireland.[ ] the increase of people there under its present restraints makes but a small addition to the resources of the state in respect of taxes.[ ] in , the amount of the inland excise in ireland was £ , . in , it increased only to £ , . those years are taken as periods of a considerable degree of prosperity in ireland. the people had increased, from to , in a proportion of nearly to ,[ ] which appears from this circumstance, that in hearth-money amounted to £ , , and in to £ , . at the former period the law made to restrain and discourage the principal trade and manufacture of ireland had not been made. there were then vast numbers of sheep in ireland, and the woollen manufacture was probably in a flourishing state. at the former of those periods the lower classes of the people were able to consume excisable commodities; in the latter they lived for the most part on the immediate produce of the soil. the numbers of people in a state, like those of a private family, if the individuals have the means of acquiring, add to the wealth, and if they have not those means, to the poverty of the community. population is not always a proof of the prosperity of a nation; the people may be very numerous and very poor and wretched. a temperate climate, fruitful soil, bays and rivers well stocked with fish, the habits of life among the lower classes, and a long peace, are sufficient to increase the numbers of people: these are the true wealth of every state that has wisdom to encourage the industry of its inhabitants, and a country which supplies in abundance the materials for that industry. if the state or the family should discourage industry, and not allow one of the family to work, because another is of the same trade, the consequences to the great or the little community must be equally fatal. is there not business enough in this great world for the people of two adjoining islands, without depressing the inhabitants of one of them? let the magnanimity and philanthropy of great britain address her poor sister kingdom in the same language which the good-natured uncle toby uses to the fly in setting it at liberty:--"poor fly; there's room enough for thee and me." i have the honour to be, my lord, &c. ninth letter. _dublin, th sept., ._ my lord, besides those already mentioned, various other commercial restraints and prohibitions give the british trader and manufacturer many great and important advantages over the irish. whilst our markets are at all times open to all their productions and manufactures, with inconsiderable duties on the import, their markets are open or shut against us as suits their conveniency. on several articles of the first importance, and on almost all our own manufactures imported into great britain, duties are imposed equal to a prohibition. in the instance of woollen goods, theirs in our ports pay but a small duty; ours in their ports are loaded with duties[ ] which amount to a prohibition.[ ] theirs on the exportation are subject to no duty; ours, if permitted to be exported, would, as the law now stands, be subject to a duty[ ] over and above that payable for alnage and for the alnager's fee. if the act of was repealed, the english would still have many great advantages over us in the woollen trade. in our staple manufacture, the bounties given on the exportation of white and brown irish linen from great britain would still continue that trade in the hands of the british merchant. on all coloured linens a duty[ ] equal to a prohibition is imposed on the importation into great britain; but theirs, imported to us, are subject[ ] to ten per cent., and under that duty they have imported considerably. this inequality of duty, and the bounty given by the british act of the tenth of geo. iii., on the exportation of their chequered and striped linens from great britain, secures to them the continuance of the great superiority which they have acquired over us in those very valuable branches of this trade. in many other articles they have given themselves great advantages. beer they export to us in such quantities as almost to ruin our brewery; but they prevent our exportation to them by duties, laid on the import there, equal to a prohibition. of malt they make large exports to us, to the prejudice of our agriculture, but have absolutely prohibited our exportation of that commodity to them. some manufactures they retain solely to themselves, which we are prohibited from exporting, and cannot import from any country but great britain, as glass of all kinds. hops they do not allow us to import from any other place, and in a facetious style of interdiction, pronounce such importation to be a common nuisance.[ ] they go further, and by laying a duty on the export, and denying the draw-back, oblige the irish consumer to pay a tax appropriated, it is said, to the payment of a british debt. i shall make no political, but the subject requires a commercial observation--it is this: the man who keeps a market solely to himself, in exclusion of all others, whether he appears as buyer[ ] or seller, fixes his own price, and becomes the arbiter of the profit and loss of every customer. the various manufactures[ ] made or mixed with cotton are subject, by several british acts, to duties on the importation amounting to per cent. by another act, penalties[ ] are imposed on wearing any of those manufactures in great britain, unless made in that country. those laws have effectually excluded the irish manufactures, in all those branches, from the british markets; and it has been already shown that they cannot be sent to the american. from great britain into ireland all those articles are imported in immense quantities, being subject here to duties amounting to per cent. only. but it would be tedious to descend into a further detail, and disgusting to write a book of rates instead of a letter.[ ] their superior capitals and expertness give them decisive advantages in every species of trade and manufacture. by the extension of the commerce of ireland, great britain would acquire new and important advantages, not only by the wealth it would bring to that country, and the increase of strength to the empire, but by opening to the british merchant new sources of trade from ireland. it is time to draw to a conclusion. i have reviewed my letters to your lordship, for the purpose of avoiding every possible occasion of offence. i flatter myself every reader will discern that they have been written with upright and friendly intentions, not to excite jealousies, but to remove prejudices, to moderate, and conciliate; and that they are intended as an appeal, not to the passions of the multitude, but to the wisdom, justice, and generosity of britain. shakespeare could place a tongue in every wound of cæsar; but antony meant to inflame; and the only purpose of those letters is to persuade. i have, therefore, not even removed the mantle except where necessity required it. in extraordinary cases where the facts are stronger than the voice of the pleader, it is not unusual to allow the client to speak for himself. will you, my lord, one of the leading advocates for ireland, allow her to address her elder sister, and to state her own case; not in the strains of passion or resentment, nor in the tone of remonstrance, but with a modest enumeration of unexaggerated facts in pathetic simplicity. she will tell her, with a countenance full of affection and tenderness, "i have received from you invaluable gifts--the law of[ ] common right, your great charter, and the fundamentals of your constitution. the temple of liberty in your country has been frequently fortified, improved, and embellished; mine, erected many centuries since the perfect model of your own, you will not suffer me to strengthen, secure, or repair; firm and well-cemented as it is, it must moulder under the hand of time for want of that attention which is due to the venerable fabric.[ ] we are connected by the strongest ties of natural affection, common security, and a long interchange of the kindest offices on both sides. but for more than a century you have, in some instances, mistaken our mutual interest. i sent you my herds and my flocks, filled your people with abundance, and gave them leisure to attend to more profitable pursuits than the humble employment of shepherds and of herdsmen. but you rejected my produce,[ ] and reprobated this intercourse in terms the most opprobrious. i submitted; the temporary loss was mine, but the perpetual prejudice your own. i incited my children to industry, and gave them my principal materials to manufacture. their honest labours were attended with moderate success, but sufficient to awaken the commercial jealousy of some of your sons; indulging their groundless apprehensions, you desired my materials, and discouraged the industry of my people. i complied with your wishes, and gave to your children the bread of my own; but the enemies of our race were the gainers. they applied themselves with tenfold increase to those pursuits which were restrained in my people, who would have added to the wealth and strength of your empire what, by this fatal error, you transferred to foreign nations. you held out another object to me with promises of the utmost encouragement. i wanted the means, but i obtained them from other countries, and have long cultivated, at great expense, and with the most unremitted efforts, that species of industry which you recommended. you soon united with another great family, engaged in the same pursuit, which you were also obliged to encourage among them, and afterwards embarked in it yourself, and became my rival in that which you had destined for my principal support. this support is now become inadequate to the increased number of my offspring, many of whom want the means of subsistence. my ports are ever hospitably open for your reception, and shut, whenever your interest requires it, against all others; but yours are, in many instances, barred against me. with your dominions in asia, africa, and america my sons were long deprived of all beneficial intercourse, and yet to those colonies i transported my treasures for the payment of your armies, and in a war waged for their defence one hundred thousand of my sons fought by your side.[ ] conquest attended our arms. you gained a great increase of empire and of commerce, and my people a further extension of restraints and prohibitions.[ ] in those efforts i have exhausted my strength, mortgaged my territories, and am now sinking under the pressure of enormous debts, contracted from my zealous attachment to your interests, to the extension of your empire, and the increase of your glory. by the present unhappy war for the recovery of those colonies, from which they were long excluded, my children are reduced to the lowest ebb of poverty and distress. it is true you have lately, with the kindest intentions, allowed me an extensive liberty of selling to the inhabitants of those parts of your empire; but they have no inducement to buy, because i cannot take their produce in return. your liberality has opened a new fountain, but your caution will not suffer me to draw from it. the stream of commerce intended to refresh the exhausted strength of my children flies untasted from their parched lips. "the common parent of all has been equally beneficent to us both. we both possess in great abundance the means of industry and happiness. my fields are not less fertile nor my harbours less numerous than yours. my sons are not less renowned than your own for valour, justice, and generosity. many of them are your descendants, and have some of your best blood in their veins. but the narrow policy of man has counteracted the instincts and the bounties of nature. in the midst of those fertile fields some of my children perish before my eyes for want of food, and others fly for refuge to hostile nations. suffer no longer, respected sister, the narrow jealousy of commerce to mislead the wisdom and to impair the strength of your state. increase my resources, they shall be yours, my riches and strength, my poverty and weakness will become your own. what a triumph to our enemies, and what an affliction to me, in the present distracted circumstances of the empire, to see my people reduced by the necessity of avoiding famine, to the resolution of trafficing almost solely with themselves! great and powerful enemies are combined against you; many of your distant connections have deserted you. increase your strength at home, open and extend the numerous resources of my country, of which you have not hitherto availed yourself, or allowed me the benefit. our increased force, and the full exertions of our strength, will be the most effectual means of resisting the combination formed against you by foreign enemies and distant subjects, and of giving new lustre to our crowns, and happiness and contentment to our people." appendix.--no. i. quantity of wool, woollen, and worsted yarn exported from ireland to great britain in the following years:-- +-------------------------------------------------------+ | years | wool. | yarn. | | ending |-------------|------------------------------| | the th | | _woollen._ | _worsted._ | | of march.| stones. lbs.| stones. lbs.| stones. lbs.| |----------|-------------|---------------|--------------| | | , | , | , | | | , | , | , | | | , | , | , | | | , | , | , | | | , | , | , | | | , | , | , | | | , | , | , | | | , | , | , | | | , | , | , | | | , | -- | , | | | , | -- | , | | | , | -- | , | | | , | -- | , | | | , | -- | , | | | , | -- | , | +-------------------------------------------------------+ appendix.--no. ii. +----------------------------------------------------------------------+ | years| drapery. | linen cotton. | |ending|----------------------------------------------|----------------| | the | | | silk, mixed | | th | new. | old. | manufacture. | | of |------------------------|---------------------|----------------| |march.|quantity. value. |quantity. value. | value. | |------|------------------------|---------------------|----------------| | | | £ s. d. | | £ s. d.| £ s. d. | | | , | , | , | , | , | | | , | , | , | , | , - / | | | , | , | , | , | , | | | , | , | , | , | , - / | | | , | , | , | , | , - / | | | , | , | , | , | , - / | | | , | , - / | , | , | , - / | | | , | , | , | , | , - / | | | , | , | , | , | , | | | , | , | , | , | , | +----------------------------------------------------------------------+ appendix.--no. iii. an account of the quantity of linen cloth exported out of ireland to great britain and plantations, prior to the year . +-----------------------------------------------+ | years | linen cloth exported to | | ending | great britain. plantations. | |the th |-------------------------------------| |of march.| yards. | yards. | |---------|----------------|--------------------| | | , | , | | | , , | , | | | , , | , | | | , | , | | | , , | , | | | , , | , | | | , , | , | | | , , | , | | | , , | , | | | , , | , | | | , , | , | | | , , | , | | | , , | , | | | , , | , | | | , , | , | | | , , | , | | | , , | , | | | , , | , | | | , , | , | | | , , | , | | | , , | , | | | , , | , | | | , , | , | | | , , | , | | | , , | , | | | , , | , | | | , , | , | | | , , | , | | | , , | , | | | , , | , | | | , , | , | | | , , | , | | | , , | , | | | , , | , | | | , , | , | | | , , | , | | | , , | , | +-----------------------------------------------+ postscript. since these papers were sent to the press, the commons of ireland have, in their address to his majesty, resolved, unanimously, "that it is not by temporary expedients, but by a free trade alone that this nation is now to be saved from impending ruin." and the lords have in their address unanimously entered into a resolution of the same import. index. a. abercrombie, lord, in ireland and in egypt, lxxx-lxxxii abraham hutchinson, lxxxv absentees, remittances to, acts of parliament quoted: " edward iii., th, th, and th of, " edward iv., rd of, th of, " henry vii., th of, " (english), henry viii., th and th of, &c., " elizabeth, , " james i., " charles ii., " of settlement and explanation, " th, " th and th of, " th and th of, " th and nd of, " nd and rd of, " william and mary, first of, " william iii., th and th of, " (english) acts of , " (irish) acts of , th and th of, , , , " for encouraging tillage, note " for bounties on land, carriage and coal supply to dublin, lxx, " rd and th of anne, " th, th, and nd of anne, " st of george ii, " th and th of, " (english), nd of george ii, , note " ( ), taxing irish exports, " george iii., th of, - " th of, " imposing duty on woollen goods, " loan, , address of english parliament to william iii., - admiral hawke, xv aldborough, petition of, aldred mr., of oxford, xlv advance, in linen trade, alexander the great, xxxiv alexandria, lord hutchinson of, lxxxvi alnager, office and fees of, x and , note america, robertson's history of, xiii " wool and linen trades transferred to, by irish emigrants, anderson, dr., quoted, , note andrews, provost, xxxi anthologia hibernica, lxxxvi archbishop craddock, xxxiv, note archbishop fowler, lxvi archbishop king quoted, archbishop laud quoted, xxv arms of militia given to volunteers, xiv, note army augmentation, , , asia, africa, and america, closed against ireland, b. baird, sir david, his expedition from india to egypt, lxxxii ballinamuck, battle of, french defeated at, lxxxi banks in dublin failed, - bankruptcy law not known here in , , note barlow, mr., t.c.d., exercising the veto, xxv, note barrè, colonel isaac, his description of hutchinson, lx, &c., and note batchelor, the, xii _baratariana_, meaning of name, xiii " written by, xiii " extracts from, xv, xvii, xxi, note " appeared originally in _freeman's journal_, xiii beaconsfield, lord, x, note bedford, duke of, lord lieutenant (speech from the throne), beer, exports and imports of, berkeley, bishop, his opinion on state of irish people, cxviii berwick, rev. edward, deprived of scholarship by provost hutchinson, and reinstated by visitors, xxxiv bessborough commission, xxix, note biographie "generale," "universale," and "des contemporanes," quoted, lxxxi bishops, irish, ordaining on scotch degrees, liii black-dog prison, cvi, note blackburne, mr., quoted, xcix blacquiere, sir john, xxiii, lxxvii board and provost of trinity college, the, publisher's thanks to, v bolton, duke of, lord lieutenant (speech from the throne), boulter, primate, his desire to have englishmen appointed to irish bishoprics, xxvi, note; xlvi, note bounty on land carriage, and on coals, to dublin, lxx, cx, bowes, lord chancellor, boyle, lord shannon, speaker, xciv bretagne, duke of, treaty with, broderick, speaker, solicitor-general, lord chancellor, brown, prime-sergeant, pumped on mr. mills, xix, note bruce, lieutenant, aided in effecting lavalette's escape, lxxxiii buckinghamshire, lord lieutenant. the letters addressed to, xcix " " " entertained by trinity college, lxvi " " " a jobber in a mask, lxviii, note burke, sir bernard, quoted, xxiii, lxxxi burgh, hussey, his speech for opening the college to catholics; do. on the irish bishops; do. on a money bill, and dismissal from office, liii, lxxii, note burrowes, peter, his speech, xlix " robert, xlix buyers, none at fairs, byron, lord, x, note c. campbell, dr., his "political survey", carson, rev. dr., s.f.t.c.d., his extract from college register, xxxvii, note carte, his life of ormond quoted, cv, , carteret, lord lieutenant, castlebar, battle of, english defeated at, strange mistake by french encyclopædists, lxxxvi " atrocities of english army in retreat from, lxxxvi castlereagh, lord, chief secretary, xcvi catalogue of college plate, by mr. hingston, xxix, note cattle, exportation prohibition act, cv and catholic scholars, t.c.d., xlv, li, and note catholics, admitted to the college by connivance; how debarred from scholarship and from voting, xlvi, li, note cattle trade destroyed by england, loss of, drove the irish into the wool trade, cxi, cattle, present of, sent to london after the great fire, and ungraciously received, cv causes of ireland's debt, chaffers, in act of edward iv., chancellors of the exchequer, irish, xciv chancery-lane, xiv-xxiii chapelizod church, inscriptions in, to the third earl of donoughmore, lxxxiv "chapels" in t.c.d., xx charles i., subsidies to, charles ii., letter from, charles ii. _see_ acts. charlemont, lord, life of, quoted, lvi charter schools, cxi, chesterfield, lord lieutenant, china, trade of, , cxii cista communis, xxix civil establishment pensions, lxix, , clarendon, lord, his "history", clonmel, factory at, cv, college plate in south kensington exhibition, xxix, note college rack-renting, as alleged by mr. duigenan--as explained by mr. galbraith, xxix, note college park, xx, note commercial restraints and colonial trade, commission of trade, committees, parliamentary, on the hutchinsons, xl, xli colonies, ireland excluded from commerce with, commons, house of, could not cure the evil, " pass the act against irish trade, cvii, and " advanced money for local purposes, " (irish), dispute with the crown, " what they effected in , lxxi, note " english, address to william iii., commons, in trinity college, xlviii condition of irish people, cooke's institutes, constellation, the, captain of, cv, note corporation of weavers, council of ireland present a bill to parliament, corporation of dublin petition the college for lucas' son, lxiv cowper, lord lieutenant, his speech at belfast, cxviii cox, his history of ireland, croker, crofton, popular songs, quoted, xxxi, note curates, salary of, liii d. davis, sir john, quoted, and note, , , , decker, his "decline of foreign trade", - debt, national, smallness of in ireland in , " the alarm caused by the slight increase of, a proof of the destitution of the country, " how increased, delany, dr., f.t.c.d., his pupils and income, xlvi, note devonshire, duke of, lord lieutenant, donoughmore estate, the, lxxv, note donoughmore, lord, "blood relations of," xxxi, note distress in ireland, - dobbs, mr., on the trade of ireland, , , note dorset, duke of, , " distress in, , " sir bernard de gomme's map of, xx, note " scandinavian kingdom of, xx, note dublin, collection in, for the waldenses--for new england-- " its freedom given to hutchinson, x " " " to captain porter, cv, note " aid for the londoners, cv, note duigenan, dr. patrick, f.t.c.d., &c., his "lachrymæ academicæ," xxi " " sketch of his life, , note " " educated in st. bride's parish school, lived in chancery-lane, lxxxvii " " his sham duel, lvi, note " " his oratory, lix " " a fanatical anti-catholic and anti-nationalist, lxxxviii " " did not bring the provost before the visitors, xxxvii, note dunkin, rev. mr., master of great ship-street school, had an annuity from the college, lxiv dutch carried on the trade of ireland, duty paid on export of linen, e. edward iii. and iv.'s acts, egypt, trade at, cxi embargo on irish provisions, , emigration of linen workers from ulster, embargoes in ireland, ; from to , england, prohibition of cattle exportation to, civ, note, " remittances to, more than double the entire trade of ireland, " great seal of, to certify irish acts, " and ireland compared as to taxation, " a sufferer by her restrictions on ireland, " in , had to pay for irish army, " a gainer by ireland, cxvii, " the cause of irish distress, cxvii " repaid fifty-fold for advances to ireland, english parliament's address to william iii., to destroy irish wool trade, cvii, and equivalent of linen trade an imposture, essex, lord, lord lieutenant, explanation, act of, exshaw's magazine, xli, xlvi, note f. failures of dublin bankers, ferral and french, farmers of customs, farming in ireland depressed, and why, fashion, former, of chancery-lane, stephen-street, ship-street, &c. &c., xiv, note faulkner's epistle to howard, lvi, note fawcett, postmaster-general, his speech at shoreditch, cxviii fellows of trinity college, bishops, &c., xxvi, note fellows of trinity college, their income, xxviii-xlvi fellowship, worth of, xxxiii ferguson, sir samuel, the publisher's thanks to, viii fitzgerald, lord edward, on college parliamentary committee, xliii " " voted against hutchinson, l " " served in irish force in america, lxi fitzgibbon, john, earl of clare, educated in st. michael le pole's school; his college contests with grattan, xcii his early and rapid successes, x, note unseats the provost's son for the university, and replaces him, xli at first a parliamentary supporter and great admirer of grattan; his final quarrel with grattan, lxxxix crushed the round robin and humbled the provost, xxxix as vice-chancellor holds a college visitation, lxvi had an honorary l.l.d. from the university, lxxxix his speech on the progress of ireland, during the years of freedom, quoted, cxix fitzgerald, rev. mr., fellow, treated harshly by provost hutchinson, xxxiv flanders producing good wool, flax-seed imported into ireland, bounty on, , flax an uncertain crop, flemings; they beat the italians out of the wool markets, and are beaten by the english, flood, henry, candidate for the provostship, xxiv " his will, do., note " life of, quoted, do., note folkestone, petition of, food of the irish people in , and in , cxii, and note forbes, john, supporter of grattan, opposed pension list, educated in st. michael le pole's school in great ship-street, lived in stephen-street, xciii foreign trade of ireland annihilated, france used to supply england with linen, free trade, meaning of, lxxii, note _freeman's journal_ published on st. audoen's arch, and in macoena's head, bride-street ( ), xiii " " printer of, prosecuted, xviii " " quoted, xiii, xviii note, xix note, xxvi, xli note twice, xlv note, liii note, cxvii. french pensioners, friezes exempted from tax, froude, mr., quoted, xii, xviii, note, xxix, note twice, xxxvi, xxxvii, xli, note twice, xlv note, lii, note, cxviii. g. galbraith, the rev. j. a., s.f.t.c.d., letter on college rents, xxix, note galway, lord, lord lieutenant, his speech from the throne, gardiner's relief bill, lxvii _gentleman's magazine_, quoted, xi, lviii george ii., acts of, - george iii., acts of, gladstone, mr., his speech in , quoted, xciv gloucestershire, petition from, grafton, duke of, lord lieutenant, , his speech from the throne, grattan's life of grattan, lix grattan, partly educated at st. michael le pole's, lxxxix " his college course and early contests with fitzgibbon, xc graziers prosperous under cattle and wool trade, xcii great britain, sums remitted to, from ireland, in pensions and salary, double the whole of irish trade, "groves of blarney," verse of, xxxi h. habeas corpus for ireland, heads of bills for, cushioned in england, " carried in ' , lxxxi, note haliday collection, r. i. academy, xxix, note, liv, note halifax, lord lieutenant, his speech from the throne, , hardy, his life of lord charlemont, lvi harris, his life of william iii. quoted, haughton, dr., senior lecturer, quoted, xxxii, note hearth money, - herrings from waterford and wexford prohibited by england, hertford, lord lieutenant, his speech from the throne, hessians, the, refused by irish parliament, lxi, note _hibernian journal_, xviii hindostan, trade of, by foreigners, cxii historical manuscripts commission report, xvii, note hingston, mr., his catalogue of the college plate; in charge of the plate at south kensington exhibition, xxix, note historian, no professed, of ireland, since , homer, quoted, cxiv, hours of examination in college formerly, xx house of commons journal, quoted, xli husbandry, grants for, prove the poverty of the country, hutchinson, rt. hon. john hely, provost, &c., ix his matriculation, x mention of, in college calendar; his career and numerous appointments, xi made provost by sir john blacquiere, chief secretary, xxxii and the price of the appointment, x-xiv accused of a corrupt use of the office, xxi trampled on duigenan, xxi challenged dr. doyle, lucas, and tisdall, xxxii prosecuted in king's bench and defended himself, xxxviii a warm supporter of grattan, lix inculpated before a parliamentary committee, and acquitted, l evidence brought forward there concerning him, lxv miller's pamphlet on, and young's, liv lord north's saying about him, lx hardy's, grattan's, taylor's, will's, barre's, pery's, and single speech hamilton's favourable opinions of him, &c., lvi published the "commercial restraints", lxiv entertained the lord lieutenant in the college, lxv his liberal and national politics, lxvii the constitutional changes which he witnessed and helped to produce, lxviii read the king's message to the irish parliament in , lxxxiv his death and will, lxxxiv his family, lxxvi a good husband and father, xxxi his love for his children, lxxxviii his likeness by sir joshua reynolds, _frontispiece_ " richard hely, lord donoughmore, his appointments, lxxix " " elected for the university and unseated by john fitzgibbon,--member for sligo, lxxix " francis hely, member for the university, lxxviii " " petitioned against and sustained " " his duel, lxxviii " " member for naas, lxxx " abraham hely, his volunteer military career in ireland, egypt, and russia, lxxviii " " member for taghmon, lxxix " " commissioner and clergyman, lxxxi " john hely ( nd), his services in the army in ireland, flanders, and egypt; his defeat at castlebar, and his conquest of the french in egypt; voted for the union, made lord hutchinson, and became lord donoughmore, lxxx " john hely ( rd), "lavalette," delivered lavalette, and became earl of donoughmore, died at chapelizod, tablet in chapelizod church, lxxxiii " the fourth peer, served as an officer in india, lxxxiv and in the house of lords advocated the case of the east india company's officers, and supports lord dufferin's land leasing bill, do. " the present peer, the th earl, was one of the european commission for organising eastern roumelia under the berlin treaty. he is also the creator of the lords' committee of inquiry on the irish land act, lxxxiv i. independence, parliamentary, of ireland, college identified with, lxxiv ireland deprived of the cattle trade, cix " of the wool trade, colonial trade, and trade with all the world, cxvii " sold in the linen trade, " constant wretchedness of, caused by england, " possesses abundant means of prosperity, cxix, " oppressed by the navigation law, " loyal to english crown, " a great commercial gain to england, " a mine of wealth to england, cxvii, " bishop berkeley's opinion on, cxix " ought to depend on her own resources, cxvii " its people fond of equal justice: their food, , and note " good wool-spinners, " had no professed historian since , " overtaxed in consequence of paying its share of the national debt, " supposed wealth caused real poverty, " her debt for the war of was accountable, but its increase during years of peace unaccountable, ireland, distress of, arose, not from natural causes but from bad laws, irish, the indolence of, from loss of liberty, irish shipping useful to edward i. in his french wars, irish, population of, more than doubled in years, " population of, in , " able to pay taxes, " residing in houses of one hearth, , note " non-distribution of property caused by bad english laws, " home trade most important for, " trade of, various restrictions on, , " troops, , , served in english army and navy in french and spanish war, j. james ii. ruined the trade and revenue of ireland, jocelyn, lord, his return of pension list, lxix, note johnston, dr., his hon. degree from t.c.d., and letter to leland, lxxxvi " his opinion of leland's "history", do. " his opinion of england's treatment of ireland, do. judges appointed for life in ireland in , lxxi junto, the, xxiii, lxviii k. keating, lord chief justice, , note king, archbishop, his "state of the protestants in ireland", knocklofty, mr. richard hutchinson of, x-lxxv " lord hutchinson of, lxxx l. "lacrymæ academicæ," by duigenan, xxi, &c. " its severe attack on the provost, do. " its interesting record of college events and college life, do. " censured by the board, xxxiv " and the censure replied to by duigenan in _freeman's journal_, xxxvii " in king's bench, do. langrishe, sir hercules, wrote in _baratariana_, xiii " obtained a grant for clothing for the volunteers, xiii, note " one of his bon mots, do. land carriage act, , " improved the agriculture of ireland, land bill, , latin schools of dublin, xcii, note laud, archbishop, his statutes for the university, xxv "lavalette" hutchinson, lxxxiii lavalette, his escape from france, lxxxiii leaves of absence allowed to fellows and to scholars, xlviii leland, dr. s.f., t.c.d, quoted, " duigenan's attacks on, xxi " dr. johnston's letter to, lxxxvi " mentioned in the historical manuscripts, do. " commission report, do. " estimate of his history, lxxxv leeds, petition from, "liber munerum," quoted, xxxii, xxxv, note, lxx linen trade no equivalent for suppressed wool trade, " a hypocrisy and imposture, ciii, note " sums paid on exportation of, , note " caused the decay of agriculture, " declined, , " ireland not specially adapted for, " world shut against, london, the dublin contribution to, cv lord lieutenants, list of, xcv lucas, dr., his son had free education from the board of t.c.d., lxiv lyttleton, lord george, his history of henry ii., helped by leland, lxxxvi " applied to by swift for macaulay, xliv m. macaulay, alexander, supported by swift, xliv " returned for college and unseated, do. " lived in great ship-street, xciii macaulay, boyd, his son, educated in great ship-street school, do. macaulay, catherine, her history quoted, magee, archbishop, his evidence, xlvii " he wanted to go to the bar, do. " his sermon on lord clare, xcii magill, john, got an honorary ll.d., was a carpenter and a commissioner of barracks, xxv, note malone, anthony, dismissed from prime serjeancy, and from the irish\ exchequer, lxviii " lived in chancery-lane, xiv, note malady, the, of emigration, mathers, rev. nathaniel, made collection in dublin, cvi, note " rev. samuel, do. do. do. matthew paris, quoted, militia bill defeated by hutchinson, , xiv, and note " dropped in , militia, arms for, given to the volunteers in , xiv, note £ , for clothing, do. enrolled in , do. miller, rev. g., f.t.c.d., &c., lxiv and note " his evidence, case, and works, xliv " his pamphlet and case for legal opinion, liv mills, michael, the printer, under the college pump, xix, note moira, lord, lxi, note mutiny act, perpetual and repealed, lxx and lxxi n. natives, places in trinity college, xxvii navigation act, th and th, william iii., compelled irish ships coming from america to pass by ireland and unlade at england, and ship again for ireland, navigation acts, petty's opinion on, netherlands, treaty with, by henry vii., includes ireland as to both exports and imports, new england, dublin subscription for, by rev. mr. mather, cv non-coing, xxvii " value of, to scholars, xlvii " " and to fellows, do. north, lord, his saying about provost hutchinson, lx o. o'connor, charles, of ballenagare, lxxxvi " his opinion of leland, and of the t.c.d. mss., do. offices formerly on the irish establishment, list of, lxx o'hagan, lord, his address to the social science congress, introd., ci, note o'hagan, mr. justice, his judgment on the stackpoole lease, introd., ci, note ormonde, duke of, lord lieutenant, , , " " his fidelity to ireland, set up the wool trade at clonmel, opposed the cattle act, lv, " " made collection here for londoners after the great fire, cv " " personal prejudice against, " " carte's life of, cv ossory, lord, challenged duke of buckingham, do. p. parliaments seldom convened in ireland under james and charles i., " suspended over for years after the restoration, " composition of, lxix " independence of, , lxxiv " acts of, in , lxxi " addresses of, to lord lieutenant, , , , , &c. parliamentary committee on election of francis hutchinson for the university, duke of wellington and lord castlereagh on it, xlii " counsel employed, evidence brought forward, committee decided in favour of hutchinson by double vote of chairman, l " catholic scholars, toomey and casey, xlv, li " burrowes' speech, xlix park, the college, levelled and walled in, xx, and note " infested by the hutchinsons, xxxi " formerly a place for pistol practice, xxxii pensions, amount of, , , " french, amount of, , pepys, his diary, quoted, civ, note peroration, eloquent, of the "restraints", pery, edward sexten, speaker, " " notice of, xvii, note " " the fountain of all the good that befel ireland, lxxi petty, sir william, quoted, , , , , , , " " his estimate of the irish destroyed in the civil war of , " " his opinion of the prohibition of the cattle trade, " " on the navigation laws, and " " his description of the people's food, cxii, note places, list of, lxx, note placemen in parliament, list of, lxix, note plantation goods for ireland, " to be first unloaded in england, do. plate, college, some of, melted down by hutchinson, xxix and note " note on, do. plowden, quoted, xxxix, note, lxii, note plunket, (lord chancellor), his speech before the parliamentary committee, xlviii " son of a unitarian minister, lii poll-tax paid by , people in , pope applied to by swift, xliv " his translation of the passage from homer, cxiv potatoes, failure of, , potter, captain of the constellation brought over american supply in last famine, cv, note and receives the freedom of dublin, do. "prancer," nickname of the provost, xvii "pranceriana, pranceriana poetica" extracts from, note on, xviii, note " " originally in _freeman's journal_, xviii private works here, carried on by public money, to lessen the balance in the treasury available for pensions, &c., " they prove the poverty of the country, proclamation of , on all provision ships laden in ireland, , note " " partly withdrawn, , , note provost andrews, xiii " hely hutchinson, xxv " the present, the publisher's thanks to, v provost's house built at a cost of £ , , xii pryn, quoted, , note pupils of fellows, xlvi, and note q. quickening speech to irish parliament, cvii r. rack-renting, by provost hutchinson, xxviii, and note "rapin's history" quoted, record office, public, xxi, note " gatherings from, xxiii, note " fac-simile of provost hutchinson's autograph given by sir s. ferguson, _frontispiece_ redundancy in the treasury caused the dispute between the crown and the commons in , and lxx, note regulators' places, xlv relief not attempted by irish of commons, and why, remedy proposed by government, to circulate paper without money, renewal fines, dr. duigenan and mr. stack, s.f.t.c.d., on, xxix, and note resnal, abbé, quoted, , note reynolds, sir joshua, his likeness of provost hutchinson, _frontispiece_ robinson, primate, held visitation in college in , and ruled against provost hutchinson, xxxiv rolls in examination hall, xx round tower in great ship-street, xcii russia, a powerful rival to ireland in linen trade, s. sancho panza, xiii "scandinavian kingdom of dublin," quoted, xx, note scholars of trinity college, l, note scholarship, worth of, xxviii scotland, protestant families had to remove into, , secretaries, principal, of state, xciv " chief, to lords, list, lieutenants, list of, xcv shaw, mr., m.p., his speech, , quoted, lxi, note shelburne, lord, life of, lx, lxi, lxiii, note shewbridge, mr., f.t.c.d., his death and funeral, smith's "wealth of nations", , , smith's "memoirs of wool", , , , south sea bubble, - speakers of irish house of commons from the restoration, list of, xciv speaker perry, xviii, and note stack, rev. t., s.f.t.c.d., letter in bessborough commission report, xxix strafford, lord, his destruction of the wool trade and substitution of the linen trade, his oppression of the country, , , , , stubbs, rev. dr., f.t.c.d., quoted, xx, note st. michael le pole's school, in great ship-street, illustrious men educated in, xciii subsidies granted to charles i. by commons and by clergy, swift, dean, exerted himself for grattan the fellow, xlviii " wrote for alexander macaulay, xliv, note " applied to the board of college for dunkin, lxiv " his estimate of dr. delany's income, xlvi sydney, lord justice, his "quickening speech" to the irish parliament to suppress the trade of the country, , t. "tardies", xx taxes comparatively heavier in ireland than in england, cxiii taylor, his estimate of provost hutchinson, lix temple, sir william, , , , tisdall, philip, his description of hutchinson, xv " description of himself, xxi, note " verses on, do. " sketch of, do. " lived in chancery-lane, xxiii, note tontines introduced, , townshend, lord lieutenant, briber, lxviii, note traynor, mr., of essex-quay, xix, note trinity college, the one home of friendless merit, xxvi " its plate, xxix, note " estates, xxix, note " park, xx " calendar, registry, judgment, and matriculation books quoted, l, xxii, xxvi, xc u. ulster lost , people by emigration in two years ( ), "una cum," clause of, in letters patent of charles i., quoted, discussed by mr. miller, liii " not decided by lord clare, lxvi " expunged in alterations made by queen's letter in , liii, and note v. visitations in trinity college in hutchinson's time, in and , xxxiv, and lxvi w. walker's hibernian magazine, quoted, xxxviii, xli, lxvi, lxvii walpole, sir robert, walpole, horace, lix walpole, sir edward, xcv warbeck, perkin, war with spain, english, ireland first time taxed for, weavers of dublin, their distress and petition, webb, alfred, his "irish biography," quoted, xxi webb, professor, q.c., his "faust," quoted, x, note "wellington correspondence", lxvii wellesley, sir arthur, lxviii, and lxxxviii werburgh's, st., church, conformity in, xlvi wesley, hon. arthur (duke of wellington), on college parliamentary committee, voted against hutchinson, xliii-l " chief secretary for ireland, lxxxviii white boys, , caused by want of means of industry, " produced by the english laws, do. will of provost hutchinson, lxxiv " of mr. richard hutchinson, lxxvi " of philip tisdall, xxiii " of dr. duigenan, lxxxix wills, dr., his sketch of provost hutchinson, lx " " of dr. duigenan, lxxxviii william iii., his acts, cvii " his pledge to ruin the irish wool trade, cvii " willing to act fairly by ireland, civ wilson, sir robert, lxxxiii "winstanley's poems," xx, note wool trade, ireland's great staple trade, and protected from the time of edward iii., " ruined by william iii., cvii, wool-running detrimental to england, and beneficial to her continental rivals, " could not be prevented in this country, y. yelverton, barry, his matriculation, a sizar, an usher in buck's school, lord chief baron, lord avonmore, lxxxvii, note " attorney-general, recorder of carrickfergus, m.p., presents the address to hussey burgh, his act for t.c.d. graduate law students, xii young, dr., bishop of clonfert, ex-f.t.c.d., liv printed by m. h. gill & son upper sackville-street, dublin. footnotes: [ ] his matriculation is--" , april th. johannes hely, filius francisci gen. annum agens . natus corcagii. educatus sub dr. baly. (tutor) mr. lawson." [ ] see note a. [ ] hutchinson had thus achieved very considerable success and distinction when he was thirty-seven years of age--"the fatal year" in the development of genius, according to lord beaconsfield. grattan accomplished his great work at the age of thirty-six, the age at which lord byron had finished his poetry. fitzgibbon, too, ran high in this respect. at twenty-nine he was a leading lawyer, and m.p. for the university, having displaced and replaced the provost's son; at thirty-four he was attorney-general, governing the country. he was lord chancellor and a peer before he had attained what dr. webb, in his "faust," calls "the mature age of forty-one." he died at . [ ] [pue's occur.] [ ] alnager, or aulnager, from the latin _ulna_, an ell, was an officer for measuring and stamping cloth in the wool trade. _pranceriana poetica_ has the line:-- "send prancer back to stamping friezes." [ ] see his will. [ ] see note e. [ ] lord lieutenant townshend's organ was "the batchelor; or, speculations of jeoffrey wagstaffe, esq.," published at the _mercury_ in parliament-street, by one hoey, a popish printer. to be "mimicked by jephson and libelled by hoey," were amongst the social terrors of the period.--[_baratariana._] [ ] _pranceriana_ has the line, "to storm her fane in owen's arch." [ ] it was sir hercules langrishe who accounted to lord lieutenant townshend for the marshy and undrained condition of phoenix park, by observing that the english government "had been too much engaged in _draining_ the rest of the kingdom." [ ] in the arms which had been intended for the militia were given by government to the volunteers, the militia enrolment act of the previous years not having been carried out, from want of money. in the volunteers were--prematurely--disbanded, and in the militia were enrolled, and langrishe's bill obtained from parliament £ , for clothing them. subsequently the commissioners of array were appointed. [ ] anthony malone, along with so many other grandees of the period, lived in chancery-lane. it requires an effort of historic faith to realise that the chancery-lane of to-day was a couple of generations ago the abode of such fashion and rank. the fact, however, is quite certain. st. bride's vestry book contains a copy of anthony malone's and alexander macaulay's opinions _in re_ powell's legacy to the dublin parishes. [ ] see note e. [ ] froude details the bargain. in it was important to secure for the army augmentation bill the support of hutchinson, who had been patriotising on the surplus, pension, and septennial bills. his terms to lord lieutenant townshend were, "a provision for the lives of his two sons, one aged and the other , by a grant to them or the survivor of them of some office of at least £ a year. if no vacancy occurred, then either a pension, or a salary to that amount to be attached to some office for them--and his wife to be created a viscountess."--"english in ireland," vol. i., p. , and elsewhere. [ ] palmerston, the provost's private country residence, was a noble and beautifully situated mansion on the banks of the liffey, between chapelizod and lucan. it is now occupied by stewart's idiot asylum. [ ] tisdall did not outlive him, and hutchinson got the principal secretaryship. [ ] one of the severest letters in the collection is no. , on edmund sexten pery, who, for fourteen years, was speaker of the house of commons. patriotic and eminent as pery was, and upright and loyal as he always was in the chair, it cannot be denied that he got the speakership by an unworthy manoeuvre. the passage is fully and bitterly rehearsed in the last volume of the historical manuscript reports. pery was bought by the corrupter townshend at the same time with hutchinson, tisdall, flood, &c. [ ] the court of king's bench granted an information in the name of the king, at the prosecution of the right hon. hely hutchinson, against samuel leathley, the printer of the _freeman's journal_, for publishing in that paper the article signed "crito," in november, . the article is not in the "pranceriana."--[_freeman's journal_, june th, .] [ ] the _pranceriana poetica_, or _prancer's garland_, published in , opens, "a harlequin provost, cognomine prancer; a duellist, scribbler, a fop, and a dancer; a lawyer, prime sergeant, and judge of assizes; a parliament man, and a stamper of friezes; a councillor privy; a cavalry major; a searcher and packer, comptroller and gauger; a speecher, a critic, prescriber of rules; a founder of fencing and 'questrian schools. if various employments can give a man knowledge, then who knows so much as the head of the college? * * * * * the seniors and juniors in this are agreed, as a consul of rome was caligula's steed; they very much fear that if prancer was dead sir john would appoint a jackass in his stead." (_halliday collection_) this book also is a collection of fugitive pieces, and it is dedicated to "sir john blacquiere, knight of the bath, alnager of all ireland, and bailiff of the phoenix park." there is not a copy in the college library. the royal irish academy copies have the excellent woodcuts. in an autograph note to his own copy of the book, dr. stock, f.t.c.d., afterwards bishop of killala, says that the engravings were made by his brother, mr. frederick stock, who kept a woollen draper's shop in dame-street. he states that the printer, michael mills, was forced from his house by a party of college lads, who conveyed him to the college, and there pumped on him; and that the late prime serjeant browne, then a student, had a share in the outrage. dr. stock gives the key to the "poetica," viz.--moderator, prancer, and hipparchus = the provost; dr. pomposo and mendex = dr. leland; matthew ben sadi and dr. dilemma = dr. forsayeth; billy bib = dr. hales; and bezabel black-letter = michael mills. a copy of the extract is in the possession of mr. traynor, bookseller, essex-quay. [ ] "pranceriana poetica" says that the provost multiplied the composition premiums as means of bribery. it gives one of the provost's advertisements ( ): "any student may be a candidate for all, or for _any more_ of the said premiums!" [ ] in sir bernard de gomme's map of the city and harbour of dublin, in , given in mr. prendergast's edition of "the scandinavian kingdom of dublin," p. , the college park is marked as set out in paddocks. dr. stubbs says that the park was thrown into its present champaign form, laid out, and planted in the year , as appears from "winstanley's poems," vol. i., p. . dublin: . [ ] other persons also were satirised occasionally in "pranceriana," as, for instance, philip tisdall in the following description:--"he was a man formed by nature, and fashioned by long practice, for all manner of court intrigue. his stature was low, so as to excite neither envy nor observation; his countenance dismal, his public manners grave, and his address _humble_. but as in public he covered his prostitution by a solemnity of carriage, so in private he endeavoured to captivate by convivial humour, and to discountenance all public virtue by the exercise of a perpetual, and sometimes not unsuccessful, irony. to these qualifications he added an extraordinary magnificence of living.( ) his table was furnished with everything that splendour could suggest, or luxury could conceive, and his position and policy united to solicit a multitude of guests. to his house, then, resorted all those who wished through him to obtain, or learn from him to enjoy, without remorse, those public endowments which are the purchase of _public infidelity_." tisdall was depicted in "baratariana" also. in the pungent rhyme on "the rejection of the altered money bill," in , we have-- "the next that stepped forward was innocent phil, who said 'that in things of the kind he'd no skill, but yet that he thought it a mighty good bill,' which nobody can deny." and again, in "a list of the pack," we have-- "lo, tisdall, whose looks would make honest men start, who hangs out in his face the black sign of his heart; if you thought him no devil his aim he would miss, for he would, if he could, appear worse than he is. then kick out these rascally knaves, boys; freemen we will be to our graves, boys; better be dead than be slaves, boys; a coffin or freedom for me." philip tisdall enjoyed a long tenure of very distinguished success. he was educated at sheridan's celebrated school in capel-street, and thence entered trinity college as a fellow-commoner in . his matriculation is:--" , nov. th. philip tisdel. soc. com. educatus dub. mag. sheridan. (tutor) mr. delany." he took his b.a. in the spring commencements of , the shortened three-and-a-half years' academic course, as exemplified in the case of grattan and fitzgibbon [see note d], being a fellow-commoner's privilege. in , tisdall was elected simultaneously m.p. for armagh and for the university. he chose the latter, and succeeded in a parliamentary petition against alexander macaulay. he afterwards contested the seat successfully in against mr. french, lord clonmel's nominee; and in unsuccessfully against provost hutchinson's second son. in , tisdall was promoted third-serjeant, in he was solicitor-general, and from till his death he was attorney-general. in he was presented by the city of cork with its freedom in a silver box. the solicitor-general gore was, in consequence of some of tisdall's trimming, appointed over his head chief justice of the king's bench, and soon after was created lord annaly. tisdall was a very eminent lawyer, and although not at all an orator, he had great weight and influence in the house of commons. he commenced political life as a patriot, and became the organ of the junto. he was then, along with pery and hutchinson, bought by the corrupter, lord lieutenant townshend. tisdall's house was in chancery-lane, and his country villa was in stillorgan. he died in . he was son of richard tisdall, registrar in chancery, and succeeded his father in the office, . philip's wife, mary, had a pension of one hundred a year, and his brother thomas was registrar of the court of admiralty. in his will, made , which is in the public record office, he leaves a remembrance to his daughter, elizabeth morgan, "heretofore amply provided for." the whole of his real and personal estate he leaves to his wife mary. his daughter elizabeth, by his wife mary (singleton), niece and co-heiress of lord chief justice singleton, was baptised in st. bride's church. she was married to colonel morgan, of cork abbey, county wicklow, and was grandmother to the late h. u. tighe, dean of ardagh, and of the chapel royal, dublin, and afterwards of londonderry.--[burke's landed gentry, art., "tighe of mitchelstown;" life of charlemont. life of shelbourne, record office, and s. bride's register.] ( ) in the pre-union times, when a home parliament secured the residence of our aristocracy and gentry, dublin was famous for its fashion and hospitalities. primate stone maintained a lordly style at leixlip castle; while, as we read in "mrs. delany's letters," bishop clayton at st. woolstons, close by, and in st. stephen's-green, kept up an equal grandeur. his house in the green had a front like devonshire house, and was _magnifique_. mrs. clayton's coach, with six flouncing flanders mares, was not "out-looked by any equipage except the duke of dorset's, for she would not be outshone by her neighbours, a thing not easily done here." the delanys entertained viceroyalty at delville, fed their own deer, and went about in a coach-and-six. luke gardiner's (lord mountjoy) house in the phoenix park was the head-quarters of fashionable life(_a_); and hussey burgh drove his coach-and-six, with outriders. the wealthy wool, linen, silk, &c., mercers, of bride-street and golden-lane, kept good style and equipages also, as appears by their wills in the public record office. (_a_) gardiner was master of the revels, and surveyor-general of customs. [ ] see note e. [ ] flood, who did not get the provostship, bequeathed, by his will, in , to the college, his estate in kilkenny, worth £ , a year, to found and endow a professorship of the erse or irish language, and to establish a library of manuscripts and books in that language, and in the modern polished languages. provost hutchinson did not leave a shilling to the college. flood's bequest fell through owing to his illegitimacy. he entered trinity college as a fellow-commoner, completed his junior sophister terms, and then migrated _ad eundem_ to oxford.--[flood's "life of flood," and webb's "com. biog."] [ ] he was a commissioner of barracks; as was also sir herc. langrishe. langrishe was, besides, commissioner of revenue and commissioner of excise. [ ] there does not seem to have been any mr. barlow in these servile days to exercise the ancient tribunitial power of the senior master non regent--the power to veto, in the name of the community, dishonouring presentations to honorary degrees. [ ] see page liii. [ ] in , primate boulter wrote that unless a new englishman was appointed to a then vacant bishopric there would be thirteen irish bishops to nine english, to the primate's great dismay. the editor of "boulter's letters," in , adds, in a note, that there was at one time in the irish house of lords a majority of native bishops, of whom five had been fellows of the university, viz., drs. howard, synge, clayton, whitcombe (archbishop of cashel), and berkeley. these are, probably, the five alluded to by duigenan. in a pamphlet entitled "thoughts on the present state of the college of dublin," published in , the well-informed author says that in king william's reign, at or nearly at the same time, "the people saw ten prelates on the bench, who had been fellows." the writer says that there was a great increase in the number of students--that the undergraduates were , the average of entrances yearly, and the average of b.a. degrees, .--[_halliday collection._] we can ourselves remember, dating from the year , eight bishops and one archbishop, all ex-fellows. altogether "there have been seven archbishops and forty-two bishops of the irish church chosen from amongst the fellows of trinity college. eight have become members of parliament, and six have been raised to the judicial bench."--[_coll. cal._] [ ] this seems not to have been the case in dr. delany's time. see primate boulter's letters, and mrs. delany's, and swift's. [ ] see page xlv, &c. [ ] the rack-renting cannot have been very exorbitant, inasmuch as the average rent per acre now paid to the college by its perpetuity tenants is four shillings and twopence. the great bulk of the college property is situated in the counties of armagh, kerry, and donegal. the following statement gives in round numbers the acreage and rental:-- rent acres. rent. per acre. armagh, , £ , s. d. kerry, , , s. d. donegal, , , s. d. ------- ------- -------- total, , £ , s. d. the number of perpetuity holdings let by the college are in all fifty-four; four only are let to persons of the class of tenant-farmers; of the remaining fifty, sixteen, containing over , acres, are enjoyed by three lessees, who pay the college an average rent of s. d. per acre.--[see letter by rev. j. a. galbraith, s.f.t.c.d., bursar, _freeman's journal_, march , , and also "statement to the chief secretary."--_freeman_, march, , .] [ ] the renewal fines in averaged £ , a year. the arbitration at that time between the college and the tenants cost the college £ , .--[see letter by rev. t. stack, s.f.t.c.d., registrar, printed in the report of the bessborough commission, and also "statement" as above.] [ ] this charge, as it stands, rests on a slender foundation, and is very misleading. the catalogue of the college plate, which, to guard against such imputations in future, mr. hingston, the chief steward, has drawn up with so much care and skill, shows that the old inscribed plate is still in use; and it enumerates pieces dated as early as and . a selection of the service was sent over, in mr. hingston's charge, to the late south kensington exhibition, and was greatly admired by all who were conversant with antique silver art--some of the choicest pieces being facsimiled for the london institution. the collection of plate is abundant, and the store was accumulated in this way. it used to be the custom that all students at entrance should deposit "caution money," which was returned to them on graduation. the rich men and fellow commoners, instead of taking back the money, used to present it to the college in the form of inscribed goblets or tankards, and in the course of years there was a large assortment of these offerings. provost hutchinson had a number of these tankards melted down and refashioned into the present silver plates, and this he did with the consent of the board. before hutchinson's time a large quantity of the plate was sold by the board, and the produce was invested in the purchase of land. in , when james ii. seized on the college, the vice-provost and fellows sold £ worth of the plate for subsistence of themselves and the scholars. at the same time all the rest of the plate was seized on and taken away to the custom house by col. luttrel, king james's governor of the city, but it was preserved and afterwards restored to the college.--[see mr. hingston's catalogue and _coll. cal._ list of fellows, .] [ ] in , seven marriage dispensations by king's letters were obtained.--[lib. mun.] [ ] in , the term of grace was extended to a twelvemonth by a king's letter.--[lib. mun.] [ ] the following--the th verse in milliken's ever popular song, "the groves of blarney"--was an _impromptu_ addition at an electioneering dinner in the south of ireland in . it is said to have been intended as an insult to lord donoughmore, who was present, but his lordship's readiness completely turned the tables. he applauded the verse, and in a humorous speech acknowledged the relationship, thanked the author, and toasted the murphy's, clearys, helys, and others who in the recent political contest had ventured life and limb in support of the hutchinson cause, and had thus made their blood-relationship with him unquestionable. "'tis there's the kitchen hangs many a flitch in, with the maids a stitching upon the stair; the bread and biske', the beer and whiskey, would make you frisky if you were there. 'tis there you'd see peg murphy's daughter a washing _praties_ forenint the door, with roger cleary, and father healy, all blood relations to my lord donoughmore. oh, ullagoane." lord hutchinson always heartily enjoyed this verse, which has become completely identified with milliken's song.--(see crofton croker's "popular songs of ireland," pp. - .) father prout has not translated this verse. why does not professor tyrrell render it, _græce et latine_? [ ] he challenged mr. doyle to single combat for daring to issue an address to the university constituency against his (the provost's) son's candidature. mr. doyle was a helpless invalid at the time, and had to stand on a spread-out coat, for fear of cold; the combatants met on summer-hill, "fired a pistol each, and made up the matter without blood." hutchinson had previously challenged dr. lucas, the patriot, who was crippled with rheumatism. [ ] the number now is , , of whom are "residents"--_i.e._, living within reach of college opportunities. [see dr. haughton's return analysis, quoted in the _freeman's journal_ of january , .] the number of students on the books under the degree of m.a. is , [see _college calendar_ for , page ]. the number of interns now is . [ ] see page xlv. [ ] on this visitation "pranc. poet." has-- "disgrac'd by libels, worried by his foes poor prancer labours under endless woes; he therefore only supplicates your grace that right or wrong you'll keep him in his place." the visitation lasted five days, and was held before primate robinson as vice-chancellor for the duke of gloucester, and archbishop cradock of dublin. hutchinson published a pamphlet reviling the visitors, and pronouncing their decision invalid. [ ] a king's letter was obtained for raising the salary for this special occasion.--_lib. mun._ [ ] duigenan did not execute this intention, as appears by the following record, kindly supplied by dr. carson, s.f.t.c.d.:--"i have to inform you that i have gone carefully through the college register for the years and , and i cannot find therein the least trace of any visitation having been held in either of these years. the censure on dr. duigenan is duly recorded under its proper date, in the year ; but no further collegiate notice appears to have been taken of it." [ ] walker's hiber. mag. - . [ ] grattan's life, and _hib. mag._ [ ] the round robiners probably bethought of the case of when the patriots who resisted the court in the matter of the disposal of surplus revenue were dismissed from office by primate stone. they, no doubt, were afterwards reinstated with honour, but the conspirators of had to deal with john fitzgibbon.--[see "plowden," p. , &c.] [ ] froude, vol. ii., p. . [ ] barry yelverton was an unsuccessful candidate in this college election of . in the next year he was elected for donegal, belfast, and carrickfergus, and chose the last.--[_ho. co. jour._] it was as recorder of carrickfergus that barry yelverton presented hussey burgh with an address and the freedom of that corporation in a gold box for resisting the government on the question of supplies while prime serjeant, and losing his place thereby. [_freeman's journal_, jan. , .] [ ] _walker's hibernian magazine_, _freeman's journal_, and _exshaw's magazine_. [ ] "the case of the borough of trinity college, near dublin, as heard before a select committee of the house of commons, a.d. ." [ ] swift made an eager canvass for macaulay, and wrote to pope, asking him to write to lord george (then mr.) lyttleton, who was private secretary to frederick, prince of wales, the chancellor of the university. the prince complied with the request, and tisdall's supporters sent over a remonstrance.--["swift's letters."] [ ] this francis stoughton sullivan got scholarship, in , at fifteen, and was probably one of the youngest scholars and the youngest fellow in the college records. [ ] he published, through the university press, in , a scholarly edition of "longinus," and was the author of several other works. (see an interesting sketch of his life prefixed to bohn's edition of his "philosophy of history.") [ ] "about a month ago considerable sensation was created in oxford by the rumour that one of the university examiners, who is also a "coach," had prepared his private pupils in the precise questions set for examination. this, we may observe, was one of the heavy charges brought against provost hely hutchinson, of trinity college, about a century ago, the provost having had recourse to the unprincipled manoeuvre as an electioneering dodge. the ever-memorable counsellor peter burrowes, when arraigning the provost before a committee of the irish house of commons, said that his trick "would have made a docile parrot appear superior to sir isaac newton;" but the committee condoned the provost, against the judgment and votes of arthur wesley (duke of wellington) and lord edward fitzgerald. the oxford authorities seem not to be disposed to view so leniently the action of mr. philip aldred, d.c.l. when the matter was reported to the vice-chancellor a substitute for the transgressing examiner was at once appointed. we believe that a university committee has been appointed to consider the expediency of taking away mr. aldred's degrees--as was done in the tractarian controversy days with mr. ward, the author of the "ideal;" and, meanwhile, mr. aldred is now about to bring his case before the public, with the protest that he has been condemned unheard, after challenging investigation, and that he is able and willing to meet every charge brought against him."--[_freeman's journal_, jan. th, .] [ ] he was prevented from voting, not by any university or college statute, but by the penal law of , which took away the franchise from catholics. all the long past exclusiveness of the college, detrimental as it was to the college and to the country, was enjoined by the foreign power which cared little for the advancement of either. down to this period the english legislature did not recognise at all the existence of catholics in the college, believing them to be effectually excluded by the statute enforcing attendance at anglican worship and sacrament, and by the supremacy and anti-transubstantiation declarations for degrees, which were swept away by the act of . [ ] in , primate boulter estimated that dr. delany, a senior fellow, and "the greatest pupil-monger," had from fellowship and pupils six or seven hundred pounds per annum.--[_letters._] swift, in , computed that delany, "by the benefit of the pupils, and his senior fellowship, with all its perquisites, received every year between nine hundred and a thousand pounds."--[_works_, vol. xiii., p. .] duigenan, in , reckoned dr. leland's senior fellowship at "£ , one year with another."--[_lachrymæ._] in , it was considered surprising that dr. leland refused the living of benburb, worth £ , a year, while his college income fell short of £ a year.--[_exshaw's magazine_, .] [ ] in , swift wrote to stella:--"i have been employed in endeavouring to save one of your junior fellows (mr. charles grattan) who came over here for a dispensation from taking orders, and in soliciting it has run out his time, and now his fellowship is void if the college pleases, unless the queen suspends the execution and gives him time to take orders. i spoke to all the ministers about it yesterday; but they say, 'the queen is angry and thought it but a trick to deceive her;' and she is positive, and so the man must be ruined, for i cannot help him. i never saw him in my life, but the case was so hard, i could not forbear interposing. your government recommended him to the duke of ormond, and he thought they would grant it; and by the time it was refused, the fellowship by rigour is forfeited." the college calendar has, "charles grattan, fellow, --removed for not taking holy orders, may th, --master of enniskillen school, ."--[_journal_, letter lxii., march th.] [ ] he got scholarship along with his brother robert, in . the brothers roberts, the present senior fellows, did the same in . [ ] denis george's name does not appear in the list of scholars. he took his b.a. in . neither does tankerville chamberlain's. he graduated in . [ ] from the ranks of the scholars have proceeded provosts, fellows; archbishop; bishops, of whom two held english sees; lord chancellors; lords justices; judges; m.p.'s; vice-chancellors; deans; governors, &c., of british dependencies; renowned professors in all the faculties, and nearly all the distinguished schoolmasters of the country; poet laureate, and several celebrated authors and editors, besides numerous eminent clergymen and lawyers. this is exclusive of the enumeration [page xxvi] of the dignities obtained by scholar-fellows. [ ] it is even more remarkable that this matter was not mentioned by duigenan. [ ] in the petition of one of the points set forth was that scholars and fellows should be legal protestants to entitle them to vote, whereas the provost had received for his son and yelverton the votes of some who were not protestants at the time of their election. [ ] catholics and nonconformists were not excluded from scholarship by the statutes or by any oath. they were, however, designedly, and in the main effectually, excluded by the statute that all scholars, students, and sizars should attend chapel and partake of holy communion as often as it was administered (see "history of university," _coll. cal._, , vol. ii. p. ), and the "heron visitation" (chartæ and statuta, vol. ii., p. , ). attendance on the anglican chapel service and communicating were of course intended as tests and pledges of conformity. [ ] parliamentary debates. [ ] william conyngham, lord, and lord chancellor plunket was the son of the rev. thomas plunket, minister of the strand-street unitarian congregation, who died on the th sept., . there is a very eulogistic notice of him in the _freeman's journal_ of the date. [ ] down to the alterations made in the statutes by the queen's letter of , the words of the lit. pat. of charles i. were:--"_in quem vel quos major pars sociorum seniorum unâ cum præposito, vel eo absente, vice præposito consensisse deprehendetur, is, vel illi pro electo vel electis habeantur, et mox pronunciabuntur a præposito. quod si primo, vel secundo scrutinio electorum major pars, cum præposito, vel eo absente, vice præposito non consenserint, eo casu in tertio scrutinio, is, vel illi pro electo, vel electis sunto, quem, vel quos, præpositus, vel eo absente vice præpositus, nominabit_." [caput xxv. de elect. form. et temp.] [ ] see also "an enquiry how far the provost of trinity college is invested with a negative on the proceedings of the senior fellows" ( ), by dr. young, ex-fellow and afterwards bishop of clonfert. it takes the same view of the case as that put forward in miller's pamphlet.--[_halliday collection._] [ ] note a. [ ] hutchinson had to say to three of these affairs of honour, and according to duigenan he came badly out of all of them. duigenan himself, it should be observed, once had a sham duel, in which he did not figure at all brilliantly, according to the orthodox interpretation of the code. he had insulted sir richard borough so grossly that a meeting could not be evaded, and when the paces were measured duigenan refused to take up the pistols, which in due form were laid at his feet. he then shouted to the "old rascal to fire away," and when borough thereon left the field duigenan declined to fight with his second, because he "had too great a regard for him to kill him." [ ] in george faulkner's "epistle to howard" ( ), contained in the halliday collection in the royal irish academy, we have-- "thou hutchinson whom every muse with winning grace and art endues, whose power 'gainst prejudice contends and proves that law and wit are friends-- in that promiscuous page alone by letters j. h. h. art known." [ ] ["life of lord charlemont."] [ ] see note c. [ ] "history of the university of dublin," p. , &c. [ ] "froude," vol. ii. p. . [ ] "distinguished irishmen," vol. v. p. , &c. [ ] "english in ireland," _passim_. [ ] barrè was over here at that time as vice-treasurer, &c. he received the freedom of dublin in . [ ] the bill was to raise the army in ireland to , men. pery and the nationalists saw that the object of the crown was to have troops to send to america to crush the colonists, and this they would not have on any terms. the government, in reply, passed an act through the english parliament, giving satisfactory security that the full force of , should be kept in ireland. nationalists now have not to complain of any want of troops in this country, and we do not hear of their demanding any "satisfactory assurance" of the permanence of the forces. nothing could exceed the eagerness of the english ministry to have the army augmentation bill passed through the irish parliament. lord shelbourne, the english home secretary, wrote to lord lieutenant townshend (march ) (_a_) that he would not hear of malone's and hutchinson's suggestions of delay in bringing in the bill. he further announced that the english parliament had passed an act taking off the limitation of the troops in ireland, imposed by the th of william iii., and pledging that a full force of , men should be kept in ireland. sexten pery led the opposition, which defeated the bill by a majority of four. the irish parliament was prorogued and dissolved, and did not meet for sixteen months, when they again threw out the army bill. eventually, in november, , townshend succeeded in having the clause carried in another act, whereby , men, in addition to the , to be kept here, were voted. in , lord lieutenant harcourt asked for , men for the king out of the irish establishment to be despatched to america, and he offered to supply their place by german protestant troops. anthony malone was chairman of the parliamentary committee which, after a warm debate, granted the contingent as "armed negotiators," but rejected the hessians. grattan afterwards fiercely, and not unfairly, assailed flood for carrying this discreditable measure. the troops were in time for the surrenders at saratoga and yorktown. lord edward fitzgerald, one regrets to read, served on this expedition as aide-de-camp to lord moira. lord effingham, on the other hand, resigned his regiment rather than serve against those who were struggling for freedom, and he was twice publicly thanked by the people of dublin.--[_plowden_ and _mitchell_.] in , the king was allowed to draw , men out of the kingdom. in , the irish force was raised to , . most of these acts were for one year. (_a_) "life of shelbourne," vol. ii., p. . [ ] in the debate ( ) on the altered money bill, hutchinson seems to have recovered his prudence. [ ] another page shows how he was compensated for this "trifling profit" of the prime serjeancy. [ ] _baratariana_ says:-- "the prime serjeant, then, with a shuffling preamble like a nag that before he can canter must amble, betwixt right and wrong made a whimsical shamble, which nobody can deny. 'twas important, he said, and availed not a groat; but whether 'twas right or whether 'twas naught, or whether he'd vote for it, or whether he'd not he'd neither assert nor deny." [ ] one of the rewards that hutchinson demanded from the government as the price of his support was, that his wife should be made a baroness. [lord lieutenant townshend's letter, quoted by froude, vol. ii., p. , and by lord fitzmaurice, vol. ii., p. .] [ ] see note e. [ ] _froude_, vol. ii., p. . [ ] [_plowden._] in the board granted an allowance of £ a year to mr. dunkin (who was ball's predecessor in the great ship-street school), on swift's appeal.--[_see swift's letters._] [ ] walk. _hib. mag._ . [ ] walk. _hib. mag._ . [ ] in , john ponsonby resigned the speakership rather than present to lord townshend the adulatory address of the house of commons, and pery was, by government influence, elected in his room. [ ] see wellington's correspondence. [ ] grattan said townsend was a corrupter, and buckingham a jobber in a mask. [ ] on this prorogation, "baratariana" has-- "our worthy lieutenant comes down to the house, protests their proceedings are not worth a louse, and leaving undone the affairs of the nation, the session concludes with a d----d prorogation, derry down. "here mark, my dear friends, that our ruin's completed since a parliament's useless which thus can be treated; while they served his foul purpose he'll fawn and collogue them, but if once they do right he'll that instant prorogue them. derry down." [ ] in the english parliament passed an act removing the duties on some of the irish woollen exports, and this was done for the benefit of the english wool manufacturers. [ ] out of members held places, and were nominated by patrons under the influence of government. the civil establishment, with its contingent expenses, amounted to over half a million sterling a year, while the entire revenue of the kingdom was under a million and a quarter.--[_pery._] in , lord jocelyn presented to the house, by order, the list of pensions. the civil pensions amounted to £ , , and the military pensions to £ , . in grattan's life, vol. iv., p. , the placemen in parliament are enumerated, and the list shows:-- in the military department in the law do in the revenue do in state and miscellaneous do pensions ---- total _lib. mun._ vol. i. part , enumerates patent offices in the establishment of ireland--amongst them are: keeper of the signet, under secretary of state for the civil department, do. for military do., pursuivant, master of the game, interpreter of irish tongue, star chamber, with commissioners, marshals, clerks, &c., courts of wards and liveries with masters; foedaries, &c., the court of palatines, the lord almoner, the vice-treasurer, transcriptor and foreign apposer, summonister and clerk of estreats, the trustees of the linen manufacture, commissioners of wide streets, commissioners of array, constables of castles, muster master general, commissioners for victualling, provincial provost martials, alnager, clerk of the pells, vice-treasurer, clerk of the lords, clerk of the commons, six clerks of chancery, principal secretaries of state, prime serjeant, lord high treasurer, chancellor of the exchequer, auditor-general, commissioners of treasury, commissioners of accounts, first clerk, second and third clerk to do.; commissioner of appeals, commissioners of stamps, hearth money collectors, poll tax collectors, cursitors in chancery, register of appeals spiritual, clerk of the pipe, prothonotary, philizer, or filacer clerk of privy council, wine-taster, escheator, searcher, packers, craners, seneschals, presidents of the four provinces, governors of forts, clerks of the first fruits, deputy master of the rolls, examinators, master of the revels, clerk of the nickells, exigenter, clerk of the outlawries, clerk of the essions, chirographers, sirographers, &c., &c. [ ] the first real and important debate in the irish parliament was in , on the money bill, on the commons' power to dispose of surplus revenue. the beginning of useful practical legislation for the country was made in by edmund sexten pery's land carriage act, giving bounties on the land carriage of corn to dublin. in the same year he carried another act giving bounties on ship carriage of coal to dublin. [ ] in the single year of (short parliaments and free trade having been already secured)-- the bank of ireland was established. habeas corpus was made law. the sacramental test for protestant nonconformists was abolished. poyning's act and th of george i. were repealed. the perpetual mutiny act was repealed. judges appointed _quam diu_. a great catholic relief act, including education, was carried. parliamentary independence was achieved. grattan's parliament did not keep up to this high level of public spirit. it sank and perished by its own unreformed corruption. [ ] "free trade for ireland," in , meant something quite distinct from the political economy free trade of the present day. the latter means an exemption from all duties to the state on exports and imports; whereas the former meant a release from the restrictions on irish trade imposed by england for the benefit of england. the reform of continued the duties, but enjoined that they should be imposed by the native parliament for the benefit of the irish kingdom. the irish free trade parliament was protectionist. in the november of grattan's amendment on the address, supported by hussey burgh and the volunteers, demanding free trade, was carried. in february the concession was made by england, and the provost's book had a large share in the triumph.--[see mitchel.] it was on the debate on the short supply in connection with this measure that hussey burgh said, and lost the prime serjeancy for saying, "the english have sowed their laws like serpents' teeth and they have sprung up in armed men." [ ] one other provost, archbishop loftus; one chancellor, lord cairns; two vice-chancellors, bishop jones and john fitzgibbon; one fellow, bishop howard; and three scholars, yelverton, wolfe, and plunket, also founded noble houses. [ ] see the summary of his speech in plowden. [ ] see note d. [ ] it is not said what either the real or the personal estate amounted to. in de burgh's "landowners of ireland," the donoughmore property is set down at , acres, with the government valuation of £ , . the tipperary portion is , acres, and £ , . the other portions are situate in galway, cork, dublin, kilkenny, louth, monahan, waterford, and wexford. [ ] he does not say what price he paid for it, or from whom he purchased it. probably it was part of his place-traffic with blaquiere. [ ] doubtless this is the "a. hely hutchinson" whose autograph appears in the preacher's book of s. bride's, dublin, in the year . under the autograph there is written, in a different hand and in different ink, "now an officer in h.m.'s service." [ ] this is the only mention of the college; in the will. the provost left it no bequest, and did not even designate himself as provost. [ ] this direction has never been carried out. the ms. is known to be in existence; and would it not be seemly and desirable to have it deposited in the college manuscript room? [ ] duigenan's matriculation is-- --june. patricius duigenan, siz., filius ______ annum agens . educatus sub ferula mr. sheill. natus in comtu derri. dr. lawson. it would be a pity not to give the matriculation above his-- "barry yelverton, siz. filius franc. gen. annum agens . educatus sub. fer. mr. egan. natus in comtu cork. mr. radcliffe." these two poor sizar boys, one from the north and the other from the south--meeting probably for the first time in the college hall and sitting side by side--what careers the college opened to them! probably, there is not in all the matriculation books a more interesting page than the page which contains these two consecutive entries. [ ] "wellington correspondence." [ ] for a full account of this school see "the old latin schools of dublin," by the editor. [ ] fitzgibbon's father had been a catholic, and was intended for the priesthood. he and his wife eleanor are buried in st. bride's churchyard, without any sort of monument or tombstone. [ ] mr. blackburne's "causes of the decadence of the industries of ireland," p. . there are two copies of the work in the college library, both of which have been recently obtained, and from one of them, by the obliging indulgence of the provost and board, the present re-issue is taken. [ ] froude--"english in ireland," vol. ii., p. . [ ] see the state papers of henry viii., and the official certificates almost ever since. see also lord o'hagan's address to the social science congress in dublin, . if any of these pronouncements were right, it would be difficult to discover any room for future improvement. all of these glowing congratulations were, however, invariably exposed and exploded by sober contemporary historians and observers, and the o'hagan passage illustrates the process. his lordship said: "i have indicated to you the results of honest effort by irishmen of this generation in obtaining for their country amended laws, cheap and facile justice--education liberal, unconditioned, and available to all--... increased provision for the national health and comfort--and security in his possessions and encouragement to his industry for the tiller of the soil. in the midst of many troubles and much discouragement, these have been steps of real cheering progress--improvements, permanently conquered from the past, and auspicious, as they will be fruitful, of a happier future." compare with this charming view the following versions. in his speech in the adjourned debate on the address in the house of commons, january, , mr. shaw, m.p. for cork county, showed the value of this "real cheering progress," and of the "permanent improvements and increased provisions for the national health and comfort." "within three or four months," said mr. shaw, "i have gone through various parts of the country, and i must say this--i did not think it possible for human beings to exist as i found tenant-farmers existing in the west of ireland.... it is a disgrace to the landlords, it is a disgrace to the government, it is a disgrace to every institution in the country to think of it that now for years, for generations, this cry year after year has been coming up from the people." in the debate on the th of january mr. gladstone said that "there are still hundreds of thousands in ireland who live more or less on the brink of starvation, and that forty years ago that was the case not with hundreds of thousands but with millions." a writer in the current number of the _quarterly review_, after picturing the maddened and disturbed state of the country, adds:-- "and all this with between four and five hundred suspects in gaols with an army of , men in the country, with land bills, coercion bills, proclamations, new magisterial boards, the island parcelled out into military districts, spies, informers, and all the endless appliances of a liberal government in full operation." see, too, what mr. justice o'hagan said in his judgment on the stacpoole leases. it is not very easy to reconcile these four unassailable statements of facts with the smooth optimism of the ex-lord chancellor, although without question the "conquests" enumerated by him have been, as he says, won. the truth is that these specialist statistics are no more a real index of the condition of the country than a brick is an index of the quality of a house. there is no use in attempting to deny that england--both when meaning well and meaning ill--has kept ireland in a deplorable condition. [ ] concerning this debate "pepys' diary," vol. iv., p. , records-- --october th:--"the house did this day order to be engrossed the bill against importing irish cattle--a thing, it seems, carried on by the western parliament men wholly against the sense of most of the rest of the house; who think if you do this you give the irish again cause to rebel. thus plenty on both sides makes us mad." p. -- . october th:--"thence to talk about publique business; he [lord belassis] tells me how the two houses begun to lie troublesome, the lords to have quarrels one with another. my lord duke of buckingham having said to the lord chancellor (who is against the passing of the bill for prohibiting the bringing over of irish cattle) that whoever was against the bill was there led to it by an irish interest or an irish understanding, which is as much as to say he is a foole. this bred heat from my lord chancellor, and something he [buckingham] said did offend my lord of ossory (my lord duke of ormonde's son), and they two had hard words, upon which the latter sends a challenge to the former; of which the former complains to the house, and so the business is to be heard on monday." clarendon and carte attribute cowardice to buckingham in the matter. both he and ossory were sent to the tower. the bill, as noticed above, was subsequently passed. [ ] "life of ormond," vol. iv., p. , &c. [ ] ten years later dublin sent out a cargo of provisions valued at £ _s._ to new england, and the benevolence was gratefully and gracefully commemorated in by captain potter, of the _constellation_, when he brought over america's consignment to our famishing agriculturists, and received the honorary freedom of our city. it may be noted, too, that ten years before the contribution to london, dublin sent a relief amounting to £ , to the waldenses, when suffering from the persecution of the duke of savoy. the last-named collection was made by a cromwellian fellow of trinity college, the rev. samuel mather, an excellent man, who on the restoration was thrown into a dublin prison, probably the "black dog," for declining to sign the act of uniformity. the new england collection was made by his brother, the rev. nathaniel mather, minister of the new-row meeting-house. the collection for london was made by the duke of ormond. [ ] this encouragement of the linen trade here proved a hypocrisy and imposture. the linen trade was never an equivalent for the wool trade. [ ] excepting, perhaps, poyning's act, and the act of union, this was the most disgraceful act ever passed by an irish parliament. [ ] see page lxx, note, and . [ ] see page lxx, note, and . [ ] it was on the army augmentation bill that hutchinson made one of his early "strides in apostasy." it was on this occasion also that ireland was for the first time called upon to contribute to england's war expenses. she passed a vote of credit for £ , . see pages , . [ ] the condition of the people would thus seem to have declined from what it was a century before. in , petty stated in his "political anatomy," that the drink of the irish people was milk, and in winter small beer or water; and that their food was bread made into cakes, with eggs and rancid butter, and with muscles, cockles, and oysters, on the sea-shore parts. [ ] there are also several inaccuracies in the printed edition, which are reproduced as they stand. _e.g._, in page "between £ , and £ , " is set down as an increase on £ , , ; and petty's "survey" is throughout put for his political anatomy. in the note to page the literal misprints in the greek quotation are corrected. the line is given "as homer quoted by longinus," and as if it were a homeric line, but it is not a hexameter at all. the quotation joins the beginning of one line to a portion of another, and it is needless to say that the break was duly notified by longinus, though apparently it was not perceived by the provost. the passage occurs in the th book of the odyssey, v.v. - :-- [greek: "hêmisu gar t aretês apoainutai euruopa zeus aneros, eut an min kata doulion êmar helêsin."] rendered by pope, "jove fix'd it certain, that whatever day makes man a slave, takes half his worth away." [ ] see _freeman's journal_, nov. and nov. , . [ ] _querist_, . [ ] on account of the inability of ireland, great britain, since christmas, , relieved her from the burden of paying forces abroad. [ ] a sum of £ , has been lately sent from england for that purpose. [ ] by a proclamation, dated the rd of february, , on all ships and vessels laden in any of the ports in this kingdom with provisions of any kind, but not to extend to ships carrying salted beef, pork, butter and bacon into great britain or provisions to any part of the british empire except the colonies mentioned in the said proclamation. th of january, , taken off as far as it relates to ships carrying provisions to any of the ports of europe. [ ] its tranquillity was so well established in , that king james reduced his army in ireland to horse and , foot; additional judges were appointed, circuits established throughout the kingdom ( nd cox, ); and sir john davis observes that no nation under the sun loves equal and indifferent justice better than the irish (davis, pp. - ). [ ] jac., ch. . [ ] vol. i. com. journ., p. . [ ] vol. i. com. journ., p. . [ ] ib., p. . [ ] davis, pp. , , . [ ] cox's hist. of ireland, vol. ii., p. . [ ] ib. some of these subsidies, from the subsequent times of confusion, were not raised. [ ] cox, vol. ii., p. . [ ] leland's hist. of ireland, vol. iii., p. . [ ] lord strafford's letters, vol. ii., p. . [ ] ir. com. journ., vol. i., pp. - . [ ] lord clarendon, cox, ib., ir. com. journ., vol. ii., pp. , . [ ] archbishop king in his state of the protestants of ireland, pp. , , , ; lord chief justice keating's address to james the second, and his letters to sir john temple. ib. the prohibition of the exportation of our cattle to england, though a great, was but a temporary distress; and in its consequences greatly promoted the general welfare of this country. [ ] lord sydney's words, in his speech from the throne in , from his own former knowledge of this country. ir. com. journ., vol. ii., p. . [ ] carte, vol. ii., pp. , . [ ] lord strafford laid the foundation of the linen manufacture in ireland, but the troubles which soon after broke out had entirely stopped the progress of it. [ ] harris's life of k. w., . [ ] the words of lord sydney, in his speech from the throne in . com. journ., vol. ii., p. . [ ] ir. com. journ., vol. iii., pp. and , that great supplies were given during this period. [ ] dobbs, pp. , , , . [ ] com. journ., vol. iii., p. . [ ] ir. com. journ., vol. iii., pp. , . [ ] com. journ., vol. iii., p. . [ ] ib. p. . [ ] ir. com. journ., vol. iii., pp. , . [ ] com. journ., vol. iii., p. . [ ] ib., pp. , . [ ] com. journ., vol. iii., p. . [ ] ib., pp. , . [ ] ib., pp. , . [ ] ib., pp. , , . [ ] ib., p. . [ ] com. journ., vol. iii., p. . [ ] ib., p. . [ ] ib., p. . [ ] in the same session an act was made for the advancement of the linen manufacture, which shows that both kingdoms then thought (for these laws came to us through england) that each of these manufactures was to be encouraged in ireland. [ ] ir. com. journ., vol. ii., p. . [ ] ib., p. . [ ] the sums paid on the exportation of irish linens from great britain, at a medium of twenty-nine years, from to , amount to something under £ , yearly.--ir. com. journ., vol. xvi., p. , the account returned from the inspector-general's office in great britain. [ ] com. journ., vol. iv., p. . [ ] ib., p. . [ ] ib., p. . [ ] com. journ., vol. iv., pp. , , . [ ] ir. com. journ., vol. iv., p. . [ ] ib., p. . [ ] ib., p. . [ ] it is not here intended to enter into the question, whether in different circumstances a national bank might not be useful to ireland. [ ] com. journ., vol. v., p. . [ ] ib., p. . [ ] it was then £ , _s._ _d._ vol. iv., p. . [ ] com. journ., vol. iv., p. . [ ] ib., p. . [ ] com. journ., vol. iv., p. . [ ] at midsummer, , it amounted to £ , _s._ - / _d._ vol. v., com. journ., pp. , , , , . [ ] com. journ., vol. v., pp. , . [ ] duke of dorset's speech from the throne. com. journ., vol. vi., p. . [ ] com. journ., vol. vi., p. . [ ] ib., vol. vi., p. . [ ] com. journ., vol. v., pp. , , . [ ] the act entitled an act for better regulation of partnerships and to encourage the trade and manufactures of this kingdom has not a word relative to the latter part of the title. [ ] com. journ., vol. vi., p. ; ib., vol. vii., p. . [ ] the sum remaining due on the loans at lady-day, , was £ , _s._ - / _d._ the whole credit of the nation to that day was £ , _s._ - / _d._, and deducting the sums due on the loans amounted to £ , _s._ - / _d._ com. journ., vol. ix. pp. , , . [ ] com. journ., vol. iv., p. . [ ] com. journ., vol. vi., p. . [ ] ib., vol. ix., p. . [ ] ib., p. . [ ] com. journ., vol. x., p. . [ ] ib., vol. ix., p. . [ ] ib., pp. , , , . [ ] march , , thomas dillon and richard ferral, failed. rd march, , william lennox and george french. same day, john wilcocks and john dawson. [ ] there was then no bankruptcy law in ireland. [ ] com. journ., vol. x., p. . [ ] ib., p. , speech from the throne, and ib., p. , address from the house of commons to the king. [ ] ib., p. . address from the house of commons to the king. [ ] com. journ., vol. x., p. . [ ] they brought in a law for the encouragement of tillage, which was ineffectual (see post ); but the preamble of that act is a legislative proof of the unhappy condition of the poor of this country before that time. the preamble recites, "the _extreme_ necessity to which the poor of this kingdom had been too frequently reduced for want of provisions." [ ] com. journ., vol. x., p. . [ ] com. journ. vol. xi., p. . speaker's speech. [ ] ib., p. . [ ] the acts passed in ' , giving bounties on the land carriage of corn, and on coals brought to dublin. [ ] com. journ., vol. xi., p. . [ ] ib., from to . [ ] ib., vol. xi., p. . [ ] ib., p. . [ ] ib., p. . [ ] ib., p. . [ ] ib. [ ] ib., p. , from th march, ' , to st of april, ' , exclusive. [ ] clement's, dawson's, and mitchell's. [ ] com. journ., vol. xi., p. , april , . [ ] com. journ., vol. xi., pp. , . [ ] ib., p. . [ ] brought in by mr. pery the present speaker. [ ] in the year ending lady-day, , it amounted to £ , _s._, and in that ending lady-day, , to £ , _s._ _d._ [ ] com. journ., vol. xii, p. . [ ] ib. p. . [ ] ib., p. . [ ] ib. p. . speech of lord hallifax from the throne, th april, . [ ] ir. com. journ., vol. xiii., p. . [ ] com. journ., vol. xiii., p. . [ ] for a year ending th march, , they were £ , _s._; they afterwards rose to £ , _s._ _d._ in september, , at the highest; and in this year, ending the th march last, amounted to £ , _s._ _d._ [ ] com. journ. vol. xiii., p. . [ ] ib. pp. , . [ ] com. journ., vol. xiv., p. . [ ] com. journ., vol. xv., p. . [ ] ib., p. . [ ] ib., vol. xvi., p. . [ ] ib., pp. , , . [ ] ib., p. . [ ] com. journ., vol. xii., p. . [ ] ib., vol. xiii., p. . [ ] ib., vol. xiv., pp. , , . [ ] com. journ., vol. xiv., p. . [ ] com. journ., vol. xiv., p. , report from committee, and ib., p. , agreed to by the house, _nem. con._ [ ] carte, vol. ii., pp. , . [ ] sir w. petty's "political survey," pp. , . sir w. temple, vol. iii., pp. , . [ ] by several british acts ( g. , ch. ; g. , ch. ; g. , ch. ), allowing from time to time the free importation of all sorts of cattle from ireland. [ ] personal prejudice against the duke of ormond (carte, vol. ii., pp. , .) [ ] ch. , ch. . ch. , ch. . [ ] carte, vol. ii., p. . [ ] com. journ., vol. i., p. , by a clause to be inserted in an irish act. [ ] see post, those acts stated. [ ] com. journ., vol. ii., p. . [ ] english acts, ch. , ch. , and . ch. , ch. . [ ] w., and m. ch. . [ ] and w., ch. . [ ] th jan., . [ ] th july, , dissolved. [ ] in a pamphlet cited by dr. smith (vol. ii., p. , in his memoirs of wool) it is said that the total value of those manufactures exported in , was £ , _s._ _d._, namely, in friezes and stockings, £ , _s._; in old and new draperies, £ , _s._ _d._; and that though the irish had been every year increasing, yet they had not recovered above one-third of the woollen trade which they had before the war (ib. ). the value in , according to the same authority, was £ , _s._; of which the friezes were £ , _s._; stockings, £ , _s._; and old and new drapery (which it is there said could alone interfere with the english trade), £ , _s._ [ ] preamble of english act of . [ ] th june, , vol. of lords' journals, p. . [ ] lords' journ., p. . [ ] th june, . [ ] th july, . [ ] rapin's hist., vol. xvii., p. . [ ] th september, , vol. ii., p. . [ ] com. journ., vol. ii., p. . [ ] ib., vol. ii., p. . [ ] october , . [ ] com. journ., vol. ii., pp. , . [ ] com. journ., p. . [ ] ib., vol. ii., p. . [ ] com. journ., vol. ii., p. . [ ] ib., , by against . [ ] w. , ch. . [ ] and. on com. journ., vol. i., . [ ] the commissioners of trade in england, by their representation of the th october, , say (eng. com. journ., vol. xii., p. ), "they conceive it not necessary to make any alteration whatsoever in this act," but take notice that the duties on broadcloth, of which very little is made in ireland, is per cent.; but the duty on new drapery, of which much is made, is but per cent. [ ] eng. stat., and william iii., ch. , passed in . [ ] ch. ii. ch. , eng., and afterwards continued by geo. i., ch. . brit. [ ] by an eng. act, made in , the same which laid the first restraint on the exportation of cattle. [ ] see the address of the english house of lords. [ ] potatoes and milk, or more frequently water. [ ] dr. smith's "wealth of nations," vol. i., p. . [ ] ib., pp. , . [ ] dr. smith's "wealth of nations," vol. i., p. ; dr. campbell's "polit. survey of great britain," vol. ii., p. ; anderson on "industry." [ ] smith, ib. [ ] sir w. petty's "political survey of ireland," p. . [ ] smith's "wealth of nations," vol. i., p. . [ ] ib. [ ] lord strafford's letters, vol. i., p. . [ ] smith's "wealth of nations," vol. i., p. . [ ] sir m. decker's "decline of foreign trade," p. , and anderson on "commerce," vol. ii., p. . [ ] compare the circumstances of the two countries in one of those articles which affects all the rest. the sums raised in great britain in time of peace are said to amount to ten millions, in ireland to more than one million yearly. the circulating cash of the former is estimated at twenty-three millions, of the latter at two. [ ] see post . [ ] essay on the "trade of ireland," pp. , . [ ] "decline of foreign trades," pp. , , . [ ] dobb's, p. . [ ] in . [ ] nor was this deficiency made up by the exportation of yarn. the quantities of these several articles exported from to are mentioned in the appendix, number. [ ] smith's "memoirs of wool," vol. ii., p. . the only way to prevent it, is to enable us to work it up at home. ib., p. . [ ] this was done for the benefit of the woollen manufacture in england. eng. com. journ., vol. xxii., p. . [ ] this is stated considerably under the computation made in the list of absentees published in dublin in , which makes the amount at that time £ , , _s._ _d._ [ ] smith's "wealth of nations," vol. i., p. . [ ] anderson on com., vol. i., p. . [ ] the wish of traders for a monopoly is not confined to england; in the same kingdom some parts are restrained in favour of others, as in sweden to this hour. abbé resnal, vol. ii., p. . [ ] eng. com. journ., vol. xii., pp. , . [ ] ib., p. . [ ] ib., p. . [ ] eng. com. journ., vol. xii., p. . [ ] ib., p. . [ ] ib., p. . [ ] ib., p. . [ ] ib., vol. xxii. [ ] eng. com. journ., vol. xxii., p. . [ ] the lords commissioners of trade in england, by their report of the st august, (eng. com. journ., vol., xii., p. ), relating to the trade between england and ireland, though they recommend the restraining of the exportation of all sorts of woollen manufactures out of ireland, make the following exception, "except only that of their frieze, as is wont, to england." [ ] see before speech of lords justices. [ ] mr. dobbs, and after him dr. smith. [ ] elizabeth, session , ch. . [ ] elizabeth, session , ch. . [ ] and , ch. ; ch. for the advancement of the linen manufacture. carte. [ ] see before. [ ] and w. , ch. , from the st of august, . [ ] and w., ch. . [ ] not till the year . [ ] com. journ., vol. ii., p. , ; vol. xvi., p. . [ ] see before. [ ] dobbs, , . [ ] com. journ., vol. xvi., p. . [ ] ib., p. . [ ] by rd and th anne, ch. . [ ] and. on comm., vol. ii., p. . [ ] this appears by the preamble to the english act of the th and th w. , ch. . [ ] anderson on commerce, vol. ii., p. . [ ] com. journ., vol. xvi., p. . [ ] in . [ ] by the law of , and the bounties given on the exportation of sail-cloth from great britain to foreign countries, ireland has almost lost this trade; she cannot now supply herself. great britain has not been the gainer; the quantities of sail-cloth imported there, in , exceeding, according to the return from the custom house in london, the quantities imported in the year , when the restrictive law was made. it has been taken from ireland and given to the russians, germans, and dutch (ir. com. journ., vol. xvi., p. ). [ ] g. , ch.--continued by act of last session to the year . [ ] in the year . [ ] com. journ., vol. xvi., , pp. . [ ] _to please the english_ scotland has for half a century past exerted herself as much as possible to improve the linen manufacture.--anderson on industry, vol. ii., p. . [ ] com. journ., vol. xvi., p. . [ ] the province of ulster, in two years, is said to have lost , of its inhabitants. com. journ., vol. xvi., p. . [ ] from th june, , and anne, ch. , for years, but afterwards continued. [ ] brit. acts, anne, ch. ; and anne, ch. ; g. , ch. . [ ] brit. act. g. , ch. . [ ] ir. com. journ., vol xvi., pp. , . [ ] ib., p. [ ] anderson on industry, vol. i., pp. to [ ] com. journ., vol. xvi., p. . [ ] see com. journ., vol. xvii., pp. to , for the sums paid from to . they amount to £ , _s._ - / _d._ [ ] this malady of emigration among our linen manufacturers has appeared at many different periods during this century. [ ] ch. ii., ch. . [ ] as other nations did the same, ireland was shut out from the new world and a considerable part of the old in asia and africa. [ ] ch. ii., ch. . [ ] ch. . [ ] th and th wm. iii., ch. . [ ] ch. ii., ch. . ch. ii., ch. . ch. ii., ch. . nd & rd ch. ii., ch. . [ ] petty's "political survey of ireland," p. , and _ib._ "report from the council of trade," pages , . sir w. temple, vol. iii, pp. , , that england was evidently a loser by the prohibition of cattle. dr. smith's "memoirs of wool," vol. ii, p. , that the english have since sufficiently felt the mischiefs of this proceeding. [ ] and anne, ch. . [ ] inst., . matth. paris, anno. , pp. , . vit. h. . pryn, against the inst., c. , pp. , . sir john davis's hist., p. . lord lyttleton's hist. of, h. . vol. iii., pp. , . co., , . th black, . [ ] cooke's th inst., . [ ] anderson on commerce, vol. i., p. . [ ] rd edward iv., ch. . [ ] the part of this law which mentions that it shall be determinable, at the king's pleasure, has the prohibition for its object, and does not lessen the force of the argument in favour of ireland. [ ] th edward iv., ch. . [ ] anderson on commerce, vol. i., p. . [ ] ib., p. . [ ] rd james, ch. . [ ] th ch. ii., ch. [ ] th ch. ii., ch. . [ ] th and th ch. ii., ch. . [ ] ib., ch. . [ ] th ch. ii., ch. . [ ] ir. act, th h. viii, ch. . [ ] th h. viii., ch. . [ ] ch. . [ ] the necessity of encouraging the people of ireland to manufacture their own wool appears by divers statutes to have been the sense of the legislature of both kingdoms for some centuries. [ ] ir. act of and ch. ii., ch. . [ ] carte, vol. ii., p. . [ ] th ch. ii., ch. . [ ] nd and rd ch. ii., ch. . [ ] sugar, tobacco, cotton, wool, indigo, steel or jamaica wood, fustick or other dying wood, the growth of the said plantations. [ ] th geo. ii., ch. ; th geo. ii., ch. ; th geo. ii., ch. . [ ] the articles in the last note, and also rice, molasses, beaver skins, and other furs, copper ore, pitch, tar, turpentine, masts, yards, and bowsprits, pimento, cocoa-nuts, whale fins, raw silk, hides and skins, pot and pearl ashes, iron and lumber. [ ] from the th of june, , it shall be lawful to export from ireland directly into any of the british plantations in america or the west indies, or into any of the settlements belonging to great britain on the coast of africa, any goods being the produce or manufacture of ireland (wool and woollen manufactures in all its branches, mixed or unmixed, cotton manufactures of all sorts, mixed or unmixed, hats, glass, hops; gunpowder, and coals only excepted); and all goods, &c., of the growth, produce, or manufacture of great britain which may be legally imported from thence into ireland (woollen manufacture in all its branches and glass excepted), and all foreign certificate goods that may be legally imported from great britain into ireland. two of the principal manufactures are excepted, and one of them closely connected with, if not a part of, the linen manufacture.-- th geo. iii., ch. . [ ] this appears by the english acts ( and anne, ch. , anne, ch. , geo. ii., ch. ), giving bounties on the importation of those articles into great britain. [ ] sir william petty mentions that "the english who have lands in ireland were forced to trade only with strangers, and became unacquainted with their own country, and that england gained more than it lost by a free commerce (with ireland), as exporting hither three times as much as it received from hence," and mentions his surprise at their being debarred from bringing commodities from america directly home, and being obliged to bring them round from england, with extreme hazard and loss.--"political survey of ireland," p. . [ ] nd and rd ch. ii., ch. , sec. . [ ] sir john davis and sir edward cooke. [ ] [greek: hêmisu gar t' aretês apoainytai doulion hêmar] homer, as quoted by longinus. [ ] sic utere tuo, alienum non lædas. [ ] sir william petty's "political survey of ireland," p. . [ ] sir william temple, vol. iii., p. . [ ] the act of explanation. [ ] ch. ii. [ ] sir w. petty, p. . [ ] ib. pp. and . [ ] sir w. petty, p. . [ ] ib., pp. and . [ ] ib, pp. , , . [ ] ch. ii., ch. . [ ] carte, vol. ii., pp. to , . [ ] archb. bishop king's state, . james ii., in his speech from the throne in ireland, recommended the repeal of the act of settlement. [ ] their demands in were the restitution of all the plantation lands to the old inhabitants, repeal of poyning's act, &c.--macaulay's hist., vol. iii, p. . in the meeting called a parliament, held by james in ireland, they repealed the acts of settlement and explanation, passed a law that the parliament of england cannot bind ireland, and against writs of error and appeal to england. [ ] rd and th anne, ch. . [ ] sir w. petty's "survey." [ ] ib., p. . [ ] order th march, , lords' journ., vol. xvi. eng. com. journs., th jan., , vol. xii., p. . [ ] the commissioners of trade, in their representation dated th november, , relating to the trade between england and ireland, advise a duty to be laid upon the importation of oil, upon teasles, whether imported or _growing_ there, and upon _all the utensils_ employed in the making any woollen manufactures, on the utensils of worsted combers, and particularly a duty by the yard upon all cloth and woollen stuffs, except friezes, before they are taken off the loom. eng. com. journ., vol. x., p. . [ ] see in the appendix an account of those articles imported from england into ireland for ten years, commencing in , and ending in . [ ] com. journ., vol. iii., pp. , . [ ] sir w. petty's "political survey," p. . [ ] sir w. temple, vol. iii., p. . [ ] lord's journ., th feb., . [ ] lord's journ., th feb., . [ ] see dr. smith's "wealth of nations." [ ] the consumption of our own people is the best and greatest market for the product and manufactures of our own country. foreign trade is but a part of the benefit arising from the woollen manufacture, and the least part; it is a small article in respect to the benefit arising to the community, and dr. smith affirms that all the foreign markets of england cannot be equal to one-twentieth part of her own.--dr. smith's "memoirs of wool," vol. ii., pp. , , , and , from the _british merchant_ and dr. davenant. [ ] address of eng. commons, _ante_. [ ] king's stat., pp. , . [ ] eng. com. journ., vol. xii., pp. , , . [ ] vol. iii., p. . [ ] see sir john davis's "discourses," pp. , , . [ ] summary of imports and exports to and from ireland, laid before the british house of commons in . [ ] those states are least able to pay great charges for public disbursements whose wealth resteth chiefly in the hands of the nobility and gentry.--bac., vol. i., p. ; smith's "wealth of nations," vol. ii., p. . [ ] a very judicious friend of mine has, with great pains and attention, made a calculation of the numbers of people in ireland in the year , and he makes the numbers of people to amount to , , ; but supposes his calculation to be under the real number. i have, therefore, followed the calculation commonly received, which makes their number amount to , , . he computes, as has been before mentioned, the persons who reside in houses of one hearth, to be , , . those find it very difficult to pay hearth money, and are thought to be unable to pay any other taxes. if this is so, according to this calculation, there are but , people in ireland able to pay taxes. [ ] ireland was much more numerous in than at any time, after the revolution, during that century, there having been a great waste of people in the rebellion at that era. [ ] ch. ii., ch. . eng. [ ] yet, in favour of great britain, old and new drapery imported into ireland from other countries are subject to duties equal to a prohibition. ir. act th and th, ch. ii., ch. . [ ] on every piece of old drapery exported, containing thirty-six yards, and so for a greater or lesser quantity, _s._ _d._, and of new drapery _d._, for the subsidy of alnage and alnager's fee. see th and th ch. ii., ch. . ir. but the english have taken off these and all other duties from their manufactures made or mixed with wool. eng. act and w. iii., ch. . [ ] per cent. by the british acts of and anne, ch. ., and anne, ch. . [ ] this tax is _ad valorem_, and the linen not valued. [ ] brit. act, anne, ch. . [ ] hence it is that the price of wool in england is said to be per cent. below the market price of europe.--smith's "memoir's of wool." [ ] ch. ii., ch. . and anne, ch. . and w. and m., ch. . [ ] g. i., ch. . [ ] when the commercial restraints of ireland are the subject, a source of occasional and ruinous restrictions ought not to be passed over. since the year , there have been twenty-four embargoes in ireland, one of which lasted three years. [ ] the common law of england. [ ] heads of bills for passing into a law the habeas corpus act, and that for making the tenure of judges during good behaviour, have repeatedly passed the irish house of commons, but were not returned. [ ] the eng. act of ch. ii, ch. --, calls the importation of cattle from ireland a common nuisance. [ ] this number of irishmen was computed to have served in the fleets and armies of great britain during the last war. [ ] the furs of canada, the indigo of florida, the sugars of dominica, st. vincent, and the grenadas, with every other valuable production of those acquisitions ireland was prohibited to receive but through another channel. her poverty scarcely gathered a crumb from the sumptuous table of her sister. transcriber's notes: passages in italics are indicated by _italics_. the original text includes greek characters. for this text version these letters have been replaced with transliterations. the original text includes an intentional blank space. thie is represented by ______ in this text version. foonote appears on page lxvii of the text, but there is no corresponding marker on the page. an humble proposal to the people of england, for the increase of their trade, and encouragement of their manufactures; whether the present uncertainty of affairs issues in peace or war. by the author of the complete tradesman. _london_: printed for charles rivington, at the _bible_ and _crown_ in st. _paul's_ church-yard: . (_price one shilling._) preface to the people of england. it deserves some notice, that just at, or soon after writing these sheets, we have an old dispute warmly revived among us, upon the question of our trade being declined, or not declined. i have nothing to do with the parties, nor with the reason of their strife upon that subject; i think they are wrong on both sides, and yet it is hardly worth while to set them to rights, their quarrel being quite of another nature, and the good of our trade little or nothing concerned in it. nor do they seem to desire to be set right, but rather to want an occasion to keep up a strife which perhaps serves some other of their wicked purposes, better than peace would do; and indeed, those who seek to quarrel, who can reconcile? i meddle not with the question, i say, whether trade be declined or not; but i may easily show the people of england, that if they please to concern themselves a little for its prosperity, it will prosper; and on the contrary, if they will sink it and discourage it, it is evidently in their power, and it will sink and decline accordingly. you have here some popular mistakes with respect to our woollen manufacture fairly stated, our national indolence in that very particular reproved, and the consequence laid before you; if you will not make use of the hints here given, the fault is nobody's but your own. never had any nation the power of improving their trade, and of advancing their own manufactures, so entirely in their own hands as we have at this time, and have had for many years past, without troubling the legislature about it at all: and though it is of the last importance to the whole nation, and, i may say, to almost every individual in it; nay, and that it is evident you all know it to be so; yet how next to impossible is it to persuade any one person to set a foot forward towards so great and so good a work; and how much labour has been spent in vain to rouse us up to it? the following sheets are as one alarm more given to the lethargic age, if possible, to open their eyes to their own prosperity; the author sums up his introduction to it in this short positive assertion, which he is ready to make good, viz., that if the trade of england is not in a flourishing and thriving condition, the fault and only occasion of it is all our own, and is wholly in our own power to mend, whenever we please. seasonable proposal, &c. as by my title i profess to be addressing myself to englishmen, i think i need not tell them that they live by trade; that their commerce has raised them from what they were to what they are, and may, if cultivated and improved, raise them yet further to what they never were; and this in few words is an index of my present work. it is worth an englishman's remark, that we were esteemed as a growing thriving nation in trade as far back as in the reigns of the two last henries; manufactures were planted, navigation increased, the people began to apply, and trade bringing in wealth, they were greatly encouraged; yet in king henry viii.'s reign, and even towards the latter end of it, too, we find several acts of parliament passed for regulating the price of provisions, and particularly that beef and pork should not be sold in the market for more than a halfpenny per pound avoirdupoise, and mutton and veal at three farthings. as the trading men to whom i write may make some estimate of things by calculating one thing by another, so this leads them to other heads of trade to calculate from; as, first, the value of money, which bore some proportion, though i think not a full and just equality to the provisions, as follows:--silver was at s. d. per ounce, and gold at _l._ s. to _l._ s. per ounce; something less in the silver, and more in the gold than half of the present value. as for the rate of lands and houses, they bore a yet greater distance in value from what they produce now; so that indeed it bears no proportion, for we find the rent of lands so raised, and their value so improved, that there are many examples where the lands, valued even in queen elizabeth's days at _l._ to _l._ per annum, are now worth from _l._ to _l._ per annum, and in some places much more. it is true, this advance is to be accounted for by the improvement made of the soil, by manuring, cultivating, and enclosing; by stocks of cattle, by labour, and by the arts of husbandry, which are also improved; and so this part is not so immediately within my present design; it is a large subject, and merits to be spoken of at large by itself; because as the improvement of land has been extraordinary great, and the landed interest is prodigiously increased by it, so it is capable of much more and greater improvement than has been made for above a hundred years past. but this i say is not my present design; it is too great an article to be couched in a few words. yet it requires this notice here; viz., that trade has been a principal agent even in the improvement of our land; as it has furnished the money to the husbandman to stock his land, and to employ servants and labourers in the working part; and as it has found him a market for the consumption of the produce of his land, and at an advanced price too, by which he has received a good return to enable him to go on. the short inference from these premises is this: as by trade the whole kingdom is thus advanced in wealth, and the value of lands, and of the produce of lands, and of labour, is so remarkably increased, why should we not go on with vigour and spirit in trade, and by all proper and possible methods and endeavours, increase and cultivate our commerce; that we may still increase and improve in wealth, in value of lands, in stock, and in all the arts of trade, such as manufactures, navigation, fishery, husbandry, and, in short, study an improvement of trade in all its branches. no doubt it would be our wisdom to do thus; and nothing of the kind can be more surprising than that it should not be our practice; and thus i am brought down to the case before me. if it should be objected that the remark is needless, that we are an industrious and laborious people, that we are the best manufacturers in the world, thoroughly versed in all the methods and arts for that purpose; and that our trade is improved to the utmost in all places, and all cases possible; if it should, i say, be thus argued, for i know some have such a taint of our national vanity that they do talk at this rate,-- my answer is short, and direct in the negative; and i do affirm that we are not that industrious, applying, improving people that we pretend to be, and that we ought to be, and might be. that we are the best manufacturers i deny; and yet at the same time i grant that we make the best manufactures in the world; but the reason of that is greatly owing not to our own skill exceeding others, so much as to our being furnished from the bounty of heaven with the best materials and best conveniencies for the work, of any nation in the world, of which i shall take notice in its place. but not to dwell upon our capacities for improving in trade, i might clear all that part without giving up the least article of my complaint; for it is not our capacity to improve that i call in question, but our application to the right methods; nay, i must add, that while i call upon your diligence, and press you to application, i am supposed to grant your capacities; otherwise i was calling upon you to no purpose, and pressing you to do what at the same time i allowed you had no power to perform. without complimenting your national vanity, therefore, i am to grant you have not only the means of improvement in your hands, but the capacity of improving also; and on this account i must add, are the more inexcusable if the thing is not in practice. indeed it is something wonderful, and not easy to be accounted for, that a whole nation should, as if they were in a lethargic dream, shut their eyes to the apparent advantages of their commerce; and this just now, when their circumstances seem so evidently to stand in need of encouragement, and that they are more than ordinarily at a kind of stop in their usual progression of trade. it is debated much among men of business, whether trade is at this time in a prosperous and thriving condition, or in a languishing and declining state; or, in a word, whether we are going backwards or forward. i shall not meddle with that debate here, having no occasion to take up the little space allowed me in anything remote from my design. but i will propose it as i really believe it to be: namely, that we are rather in a state of balance between both, a middle between the extremes; i hope we are not much declined, and i fear we are not much advanced. but i must add, that if we do not immediately set about some new methods for altering this depending condition, we shall soon decline; and on the contrary, if we should exert ourselves, we have before us infinite advantages of improving and advancing our commerce, and that to a great degree. this is stating it to the meanest understanding; there is no mystery at all in the thing; if you will apply, you will rise; if you will remain indolent and inactive, you will sink and starve. trade in england, at this time, is like a ship at sea, that has sprung a leak in sight of the shore, or within a few days' sail of it; if the crew will ply their pump and work hard, they may not only keep her above water, but will bring her safe into port; whereas if they neglect the pump, or do not exert their strength, the water grows upon them and they are in apparent danger of sinking before they reach the shore. or, if you will have a coarser comparison, take the pump room in the rasp-house, or house of correction, at amsterdam; where the slothful person is put into a good, dry, and wholesome room, with a pump at one side and a spring or water-pipe at the other; if he pleases to work, he may live and keep the water down, but if he sleeps he drowns. the moral is exactly the same in both cases, and suits with the present circumstances of our trade in england most exactly, only with this difference to the advantage of the latter; namely, that the application which i call upon the people of england to exert themselves in, is not a mere labour of the hand; i do not tax the poor with mere sloth and negligence, idly lying still when they should work, that is not our grievance at present; for though there may be too much of that sort too, among a few of the drunken, loitering part of mankind, and they suffer for it sufficiently in their poverty, yet that, i say, is not the point, idleness is not here a national crime, the english are not naturally a slothful, indolent, or lazy people. but it is an application proper to the method of business which is wanting among us, and in this we shall find room for reproof on one hand, and direction on the other; and our reader, i dare say, will acknowledge there is reason for both. it must in the first place be acknowledged, that england has indeed the greatest encouragement for their industry of any nation in europe; and as therefore their want of improving those advantages and encouragements, lays them more open to our just reproof, than other nation's would be, or can be who want them, so it moves me with the more importunity to press home the argument, which reason and the nature of the thing furnishes, to persuade them. reason dictates that no occasion should be let slip by which england above all nations in the world should improve the advantages they have in their hands; not only because they have them, but because their people so universally depend upon them. the manufactures are their bread, the life, the comfort of their poor, and the soul of their trade; nature dictates, that as they are given them to improve, and that by industry and application they are capable of being improved; so they ought to starve if they do not improve them to the utmost. let us see in a few words what nature and providence has done for us; nay, what they have done for us exclusive of the rest of the world. the bounty of heaven has stored us with the principles of commerce, fruitful of a vast variety of things essential to trade, and which call upon us as it were in the voice of nature, bidding us work, and with annexed encouragement to do so from the visible apparent success of industry. here the voice of the world is plain, like the answer of an oracle; thus, dig and find, plough and reap, fish and take, spin and live; in a word, trade and thrive; and this with such extraordinary circumstances, that it is as if there was a bar upon the neighbouring nations, and it had been spoken from heaven thus: these are for you only, and not for any other nation; you, my favourites, of england; you, singled out to be great, opulent, powerful, above all your neighbours, and to be made so by your own industry and my bounty. to explain this, allow me a small digression, to run over the detail of heaven's bounty, and see what god and nature has done for us beyond what it has done for other nations; nature, as i have said, will dictate to us what heaven expects from us, for the improving the blessings bestowed, and for making ourselves that rich and powerful people which he has determined us to be. our country is furnished, i say, with the principles of commerce in a very extraordinary manner; that is to say, so as no other country in europe, or perhaps in the world, is supplied with. i. with the product of the earth. this is of two kinds: . that of the inside or bowels of the earth, the same of which, as above, the voice of heaven to us, is, dig and find, under which article is principally our lead, and tin-coal; i name these only, because of these this island seems to have an exclusive grant; there being none, or but very small quantities of them, found in any other nation; and it is upon exclusive benefits that i am chiefly speaking. . we have besides these, iron, copper, _lapis calaminaris_, vulgarly called callamy, with several other minerals, which may be said to be in common to us and the rest of the world, of which the particulars at large, and the places where they are found, may be fully seen in a late tract, of which i shall have frequently occasion to speak in this work, entitled, a plan of the commerce of great britain, to which i refer, as indeed to a general index of the trade and produce of this whole island. ii. the product of the surface, which i include in that part, plough and reap; and though this is not indeed an exclusive product, yet i may observe that the extraordinary increase which our lands, under an excellent cultivation, generally yield, as well in corn and cattle, is an uncommon argument for the industry of the husbandmen; and i might enter into a comparison with advantage, against almost any countries in europe, by comparing the quantity produced on both sides, with the quantity of land which produce those quantities. you may find some calculations of the produce of our own country in the book above mentioned, viz., the plan of the commerce of great britain, where the consumption of malt in england is calculated by the value of the duties of excise, and where it appears that there is annually consumed in england, besides what is exported to foreign countries, forty millions of bushels of malt, besides also all the barley, the meal of which is made into bread, which is a very great quantity; most of the northern counties in england feeding very much upon barley bread; and besides all the barley either exported or used at home in the corn unmalted; all which put together, i am assured, amounts to no less than ten millions of bushels more. the quantity of barley only is so exceeding great, that i am told it bears, in proportion to the land it grows on, an equality to as much land in france, as all the sowed land in the whole kingdom of england; or take it thus, that fifty millions of bushels of barley growing in france, would take up as much ground as all the lands which are at any time sowed in england with any corn, whether barley, oats, or wheat. n. b. i do not say all the arable lands of england, because we know there are a very great number of acres of land which every year lie fallow (though in tillage) and unsowed, according to the usage of our husbandry; so they cannot be reckoned to produce any corn at all, otherwise the quantity might be much greater. this is a testimony of the fertility of our soil; and on the other hand, the fertility is a testimony of the diligence and application of our people, and the success which attends that diligence. we are told that in some parts of england, especially in the counties of essex, hertford, cambridge, bedford, bucks, oxford, northampton, lincoln, and nottingham, it is very frequent to have the lands produce from seven to ten quarters of barley upon an acre, which is a produce not heard of in the most fruitful of all those we call corn countries abroad, much less in france. on the contrary, if they have a great produce of corn, it is because they have a vast extent of land for it to grow upon, and which land they either have no other use for, or it may be is fit for no other use; whereas our corn grounds are far from being the richest or the best of our lands, the prime of our land being laid up, as the ploughmen call it, to feed upon, that is, to keep dairies of cows, as in essex, suffolk, and the fens; or for grazing grounds, for fatting the large mutton and beef, for which england is so particularly famed. these grazing countries are chiefly in sussex, and in the marshes of romney, and other parts in kent; also in the rich vales of aylesbury, and others in bucks and berkshire, the isle of ely, the bank of trent, the counties of lincoln, leicester and stafford, warwick and chester, as also in the county of somerset, lancaster, north riding of yorkshire, and bank of tees, in the bishoprick of durham. when this product of england is considered, the diligence and success of our husbandry in england will be found to be beyond that of the most industrious people in europe. but i must not dwell here, my view lies another way; nor do the people of england want so much to be called upon to improve in husbandry, as they do in manufactures and other things; not but that even in this, the lands not yet cultivated do call aloud upon us too; but i say it is not the present case. i come in the next article to that yet louder call of the oracle, as above, namely, fish and take. indeed this is an improvement not fully preserved, or a produce not sufficiently improved; the advantages nature offers here cannot be said to be fully accepted of and embraced. this is a large field, and much remains to be said and done too in it, for the increase of wealth, and the employment of our people; and though i am not of the opinion which some have carried to an unaccountable length in this case, viz., that we should set up the fishery by companies and societies, which has been often attempted, and has proved abortive and ill-grounded; or that we ought by force, or are able by all our advantages to beat out the dutch from it; yet we might certainly very much enlarge and increase our own share in it; take greater quantities than we do; cure and pack them better than we do; come sooner to market with them than we do; and consume greater quantities at home than we do; the consequence of which would be that we should breed up and employ more seamen, build and fit out more fishing-vessels and ships for merchandise than we do now, and which we are unaccountably blameable that we do not. and here i must observe, that the increasing the fishery would even contribute to our vending as well as catching a greater quantity of fish, and to take off the disadvantage which we now lie under with the dutch, by the consequence of trade in the fishery itself. the case is this: the chief market for white herring, which is the fishery i am speaking of, is the port of dantzic and konigsberg, from which ports the whole kingdom of poland, and great duchy of lithuania, are supplied with fish by the navigation of the great river of the vistula, and the smaller rivers of the pragel and niemen, &c. the return brought from thence is in canvass, oak, and spruce, plank and timber, sturgeon, some hemp and flax, pot ashes, &c., but chiefly corn. here the dutch have an infinite advantage of us, which is never to be surmounted or overcome, and for which reason it is impossible for us ever to beat them out of this trade; viz., the dutch send yearly a very great number of ships to dantzic, &c., to fetch corn; some say they send a thousand sail every year; and i believe they do send so many ships, or those ships going so many times, or making so many voyages in the year as amounts to the same number of freights, and so is the same thing. all these ships going for corn for the dutch, have their chief supply of corn from that country; it follows, then, that their herrings are carried for nothing, seeing the ships which carry them must go light if they did not carry the fish; whereas, on the other hand, our fish must pay freight in whatever vessel it may go. when our ships, then, from scotland, for there the fishery chiefly lies, and from thence the trade must take its rise; i say, when they have carried their fish to the ports above-named, of dantzic and konigsberg, how must they come back, and with what shall they be loaded? the only answer that can be given is, that they must bring back the goods mentioned before, or, in shorter terms, naval stores, though indeed not much of naval stores neither, except timber and plank, for the hemp and tar, which are the main articles, are fetched further; viz., from riga, revel, narva, and petersburg. but suppose after delivering their fish, some of the ships should go to those ports to seek freight, and load naval stores there, which is the utmost help in the trade that can be expected. the next question is, whither shall they carry them, and for whose account shall they be loaden? to go for scotland, would not be an answer; for scotland, having but a few ships, could not take off any quantity proportioned to such a commerce; for if we were to push the dutch out of the trade, we must be supposed to employ two or three hundred sail of ships at least, to carry herrings to dantzic, &c. to say they might take freight at london, and load for england, would be no answer neither; for besides that even england itself would not take off a quantity of those goods equal to the number of ships which would want freight, so if england did, yet those ships would still have one dead freight, for they would be left to go light home at last, to scotland, otherwise how shall they be at hand to load next year? and even that one dead freight would abate the profit of the voyage; and so still the dutch would have the advantage. upon the whole, take it how and which way we will, it will for ever be true, that though our fish were every way equal to the dutch, which yet we cannot affirm, and though it came as soon to market, and carried as good a price there, all which i fear must a little fall short, yet it would still be true that the dutch would gain and we should lose. there is yet another addition to the advantage of holland, viz., in the return of money; that whereas when our fish shall be sold, we shall want to remit back the produce in money; that is to say, so much of it as cannot be brought back in goods. and the difference in the exchange must be against us; but it is in favour of the dutch; for if they did not send their herrings and other fish to dantzic, they must remit money to pay for their corn; and even as it is, they are obliged to send other goods, such as whale oil, the produce of their greenland fishery, english manufactures, and the like; whereas the scots' merchants, having no market for corn, and not a demand for a sufficient value in naval stores, &c., viz. the product of the country, must bring the overplus by exchange to their loss, the exchange running the other way. it is true, this is a digression; but it is needful to show how weak those notions are, which prompt us to believe we are able to beat the dutch out of the fishing trade by increasing our number of busses, and taking a larger quantity of fish. but this brings me back to the first argument; if you can find a way to enlarge your shipping in the fishery, and send greater quantities of fish to market, and yet sell them to advantage, you would by consequence enlarge your demand for naval stores, and so be able to bring more ships home loaden from thence; that is to say, to dispose of more of their freight at home; and indeed nothing else can do it. n. b. this very difference in the trade is the reason why a greater quantity of english manufactures are not sent from hence to dantzic, as was formerly done; viz., not that the consumption of those goods is lessened in poland, or that less woollen manufactures are demanded at dantzic or at konigsberg; but it is that the dutch carry our manufactures from their own country; this they can do to advantage; besides their costing nothing freight, as above, though they are sold to little or no profit, because they want the value there to pay for their corn, and must otherwise remit money to loss for the payment. as these things are not touched at before in any discourses on this subject, but we are daily filled with clamours and complaints at the indolence and negligence of our scots and northern britons, for not outworking the dutch in their fishing trade, i think it is not foreign to the purpose to have thus stated the case, and to have shown that it is not indeed a neglect in our management, that the dutch thrive in the fishing trade, and we sit still, as they call it, and look on, which really is not so in fact, but that the nature of the thing gives the advantage to the dutch, and throws the trade into their hands, in a manner that no industry or application of ours could or can prevent. having thus vindicated our people where they are really not deserving blame, let us look forward from hence and see with the same justice where they are in another case likewise less to blame than is generally imagined; namely, in the white fishing, or the taking of cod-fish in these northern seas, which is also represented as if it was so plentiful of fish that any quantity might be taken and cured, and so the french, the scots, and the portuguese, might be supplied from hence much cheaper and more to advantage than by going so long a voyage as to the banks of newfoundland. this also is a mistake, and the contrary is evident; that there is a good white fishing upon the coast, as well of the north part of the british coast as on the east side of scotland, is very true; the scots, to give them their due, do cure a tolerable quantity of fish, even in or near the frith of edinburgh; also there is a good fishery for cod on the west side, and among the islands of the leuze, and the other parts called the western islands of scotland; but the mistake lies in the quantity, which is not sufficient to supply the demand in those ports mentioned above, nor is it such as makes it by far so easy to load a ship as at newfoundland, where it is done in the one-fifth part of the time, and consequently so much cheaper; and the author of this has found this to be so by experience. yet it cannot be said with justice that the scots' fishermen are negligent, and do not improve this fishing to advantage, for that really they do kill and cure as many as can be easily done to make them come within a price, and more cannot be done; that is to say, it would be to no purpose to do it; for it will for ever be true in trade, that what cannot be done to advantage, may be said not to be possible to be done; because gain is the end of commerce, and the merchant cannot do what he cannot get by. it may be true that in the herring fishery the consumption might be increased at home, and in some places also abroad, and so far that fishery is not so fully pursued; but i do not see that the increase of it can be very considerable, there being already a prodigious quantity cured more than ever in ireland on every side of that kingdom, and also on the west of england; but if it may be increased, so much the more will be the advantage of the commerce; of which by itself. but from this i come to the main article of the british trade, i mean our wool, or, as it is generally expressed, the woollen manufacture, and this is what i mean, when i said as above, spin and live. in this likewise i must take the liberty to say, and insist upon it, that the english people cannot be said to be idle or slothful, or to neglect the advantages which are put into their hands of the greatest manufactures in europe, if not in the whole world. on the other hand, the people of england have run up their manufactures to such a prodigy of magnitude, that though it is extended into almost every part of the known world, i mean, the world as it is known in trade; yet even that whole world is scarce equal to its consumption, and is hardly able to take off the quantity; the negligence therefore of the english people is not so much liable to reproof in this part, as some pretend to tell us; the trade of our woollen manufacture being evidently increased within these few years past, far beyond what it ever was before. i know abundance of our people talk very dismal things of the decay of our woollen manufacture, and that it is declined much they insist upon it; being prohibited in many places and countries abroad, of their setting up other manufactures of their own in the room of it, of their pretending to mimick and imitate it, and supply themselves with the produce of their own land, and the labour of their own people, and indeed france has for many years gone some length in this method of erecting woollen manufactures in the room of ours, and making their own productions serve instead of our completely finished manufacture: but all these imitations are weak and unperforming, and show abundantly how little reason we have to apprehend their endeavours, or that they will be able to supplant our manufacture there or any where else; for that even in france itself, where the imitation of our manufactures is carried on to the utmost perfection; yet they are obliged to take off great quantities of our finest and best goods; and such is the necessity of their affairs, that they to this day run them in, that is, import them clandestinely at the greatest risk, in spite of the strictest prohibition, and of the severest penalties, death and the galleys excepted; a certain token that their imitation of our manufactures is so far from pleasing and supplying other parts of the world, that they are not sufficient to supply, or good enough to please themselves. i must confess the imitating our manufactures has been carried further in france than in any other part of the world, and yet we do not see they have been able so to affect the consumption as to have any visible influence upon our trade; or, that we abate the quantity which we usually made, but that if they have checked the export at all, we have still found other channels of trade which have fully carried off our quantity, and shall still do so, though other nations were able to imitate us to, and this is very particularly stated and explained by the author of the book above mentioned, called the plan of the english commerce, where the extending our manufactures is handled more at large than i have room for in the narrow compass of this tract, and therefore i again refer my reader thither, as to the fountain head. but i go on to touch the heads of things. the french do imitate our manufactures in a better manner, and in greater quantity than other nations; and why do we not prevent them? it is a terrible satire upon our vigilance, or upon the method of our custom-house men, that we do not prevent it; seeing the french themselves will not stick to acknowledge, that without a supply of our wool, which is evident they have now with very small difficulty from ireland, they could do little in it, and indeed nothing at all to the purpose. on the other hand, it is not so with france in regard to their silk manufactures, in which although we have not the principles of the work, i mean the silk growing within our dominions, but are obliged to bring it from italy, yet we have so effectually shut out the french silk manufactures from our market, that in a word we have no occasion at all for them; nay, if you will believe some of our manufacturers, the french buy some of our wrought silks and carry them into france; but whether the particular be so in fact or no, this i can take upon me from good evidence to affirm, that whereas we usually imported in the ordinary course of trade, at least a million to twelve hundred thousand pounds' value a year in wrought silks from france; now we import so little as is not worth naming; and yet it is allowed that we do not wear less silk, or silks of a meaner value, than we usually did before, so that all the difference is clear gain on the english side in the balance of trade. the contemplation of this very article furnishes a most eminent encouragement to our people, to increase and improve their trade; and especially to gain upon the rest of europe, in making all the most useful manufactures of other nations their own. nor would this increase of our trade be a small article in the balance of business, when we come to calculate the improvement we have made in that particular article, by encroaching upon our neighbours, more than they have been able to make upon us; and this also you will find laid down at large in the account of the improvement of our manufactures in general, calculated in the piece above mentioned, chap. v. p. . if then the encroachments of france upon our woollen manufactures are so small, as very little to influence our trade, or lessen the quantity made here, and would be less if due care was taken to keep our wool out of their hands; and that at the same time we have encroached upon their trade in the silk manufactures only, besides others, such as paper, glass, linen, hats, &c., to the value of twelve hundred thousand pounds a year, then france has got little by prohibiting the english manufactures, and perhaps had much better have let it alone. however, i must not omit here what is so natural a consequence from these premises, viz., that here lies the first branch of our humble proposal to the people of england for increase of their commerce, and improvement of their manufactures; namely, that they would keep their wool at home. i know it will be asked immediately how shall it be done? and the answer indeed requires more time and room to debate it, than can be allowed me here. but the general answer must be given; certainly it is practicable to be done, and i am sure it is absolutely necessary. i shall say more to it presently. but i go on with the discourse of the woollen manufactures in general; nothing is more certain, than that it is the greatest and most extensive branch of our whole trade, and, as the piece above mentioned says positively, is really the greatest manufacture in the world. vide plan, chap. v. p. . . nor can the stop of its vent, in this or that part of the world, greatly affect it; if foreign trade abates its demand in one place, it increases it in another; and it certainly goes on increasing prodigiously every year, in direct confutation of the phlegmatic assertions of those, who, with as much malice as ignorance, endeavour to run it down, and depreciate its worth as well as credit, by their ill-grounded calculations. we might call for evidence in this cause the vast increase of our exportation in the woollen manufactures only to portugal; which, for above twenty-five years past, has risen from a very moderate trade to such a magnitude, that we now export more woollen goods in particular yearly to portugal, than both spain and portugal took off before, notwithstanding spain has been represented as so extraordinary a branch of trade. the occasion of this increase is fully explained, by the said plan of the english commerce, to be owing to the increase of the portuguese colonies in the brazils, and in the kingdoms of congo and angola on the west side of africa; and of melinda and the coast of zanguebar on the east side; in all which the portuguese have so civilized the natives and black inhabitants of the country, as to bring them, where they went even stark naked before, to clothe decently and modestly now, and to delight to do so, in such a degree as they will hardly ever be brought to go unclothed again; and all these nations are clothed more or less with our english woollen manufactures, and the same in proportion in their east india factories. the like growth and increase of our own colonies, is another article to confirm this argument, viz., that the consumption of our manufactures is increased: it is evident that the number of our people, inhabitants of those colonies, visibly increases every day; so must by a natural consequence the consumption of the cloths they wear. and this increase is so great, and is so demonstrably growing every day greater, that it is more than equal to all the decrease occasioned by the check or prohibitions put upon our manufactures, whether by the imitation of the french or any other european nation. i might dwell upon this article, and extend the observation to the east indies, where a remarkable difference is evident between the present and the past times; for whereas a few years past the quantity of european goods, whether of english or other manufactures, was very small, and indeed not worth naming; on the contrary, now the number of european inhabitants in the several factories of the english, dutch, and portuguese, is so much increased, and the people who are subject to them also, and who they bring in daily to clothe after the european fashion, especially at batavia, at fort st. george, at surat, goa, and other principal factories, that the demand for our manufactures is grown very considerable, and daily increasing. this also the said plan of the commerce insists much on, and explains in a more particular manner. but to proceed: not only our english colonies and factories are increased, as also the portuguese in the brazils, and in the south part of africa; not only the factories of the english and dutch in the east indies are increased, and the number of europeans there being increased call for a greater quantity of european goods than ever; but even the spaniards, and their colonies in the west indies, i mean in new spain, and other dominions of the spaniards in america, are increased in people, and that not so much the spaniards themselves, though they too are more numerous than ever, but the civilized free indians, as they are called, are exceedingly multiplied. these are indians in blood, but being native subjects of spain, know no other nation, nor do they speak any other language than spanish, being born and educated among them. they are tradesmen, handicrafts, and bred to all kinds of business, and even merchants too, as the spaniards are, and some of them exceeding rich; of these they tell us there are thirty thousand families in the city of lima only, and doubtless the numbers of these increase daily. as all these go clothed like spaniards, as well themselves as their wives, children, and servants, of which they have likewise a great many, so it necessarily follows that they greatly increase the consumption of european goods, and that the demand of english manufactures in particular increases in proportion, these manufactures being more than two-thirds of the ordinary habit or dress of those people, as it is also of the furniture of their houses; all which they take from their first patrons, the spaniards. it will seem a very natural inquiry here, how i can pretend to charge the english nation with indolence or negligence in their labouring or working their woollen manufactures; when it is apparent they work up all the wool which their whole nation produces, that the whole growth and produce of their sheep is wrought up by them, and that they buy a prodigious quantity from ireland and scotland, and work up all that too, and that with this they make such an infinite quantity of goods, that they, as it were, glut and gorge the whole world with their manufactures. my answer is positive and direct, viz., that notwithstanding all this, they are chargeable with an unaccountable, unjustifiable, and, i had almost said, a most scandalous indolence and neglect, and that in respect to this woollen manufacture in particular; a neglect so gross, that by it they suffer a manifest injury in trade. this neglect consists of three heads: . they do not work up all the wool which they might come at, and which they ought to work up, and about which they have still spare hands enough to set to work. . they with difficulty sell off or consume the quantity of goods they make; whereas they might otherwise vend a much greater quantity, both abroad and at home. . they do not sufficiently apply themselves to the improving and enlarging their colonies abroad, which, as they are already increased, and have increased the consumption of the manufactures, so they are capable of being much further improved, and would thereby still further improve and increase the manufactures. by so much as they do not work up the wool, by so much they neglect the advantage put into their hands; for the wool of great britain and ireland is certainly a singular and exclusive gift from heaven, for the advantage of this great and opulent nation. if heaven has given the wool, and we do not improve the gift by manufacturing it all up, so far we are to be reproached with indolence and neglect; and no wonder if the wool goes from ireland to france by whole shiploads at a time; for what must the poor irish do with their wool? if they manufacture it we will not let them trade with those manufactures, or export them beyond sea. our reasons for that prohibition are indeed very good, though too long to debate in this place: but no reason can be alleged that can in any sense of the thing be justifiable, why we should not either give leave to export the manufactures, or take the wool. but to speak of the reason to ourselves, for the other is a reason to them (i mean the irish). the reason to ourselves is this: we ought to take the wool ourselves, that the french might not have it to erect and imitate our own manufactures in france, and so supplant our trade. certainly, if we could take the whole quantity of the irish wool off their hands, we might with ease prevent it being carried to france; for much of it goes that way, merely because they cannot get money for it at home. this i charge therefore as a neglect, and an evident proof of indolence; namely, that we do not take effectual care to secure all the wool in ireland; give the irish money for it at a reasonable market price, and then cause it to be brought to england as to the general market. i know it will be objected, that england does already take off as much as they can, and as much as they want; and to bring over more than they can use, will sink the market, and be an injury to ourselves; but i am prepared to answer this directly and effectually, and you shall have a full reply to it immediately. but, in the mean time, this is a proof of the first proposition; namely, that we do not work up all our own wool, for the irish wool is, and ought to be, esteemed as our own, in the present debate about trade; for that it is carried away from our own dominions, and is made use of by those that rival our manufactures to the ruin of our own trade. that the irish are prohibited exporting their wool, is true; but it seems a little severe to prohibit them exporting their wool, and their manufactures too, and then not to buy the wool of them neither. it is alleged by some, that we do take off all the wool they bring us, and that we could and would take it all, if they would bring it all. to this i answer; if the irish people do not bring it all to us, it is either that it is too far for the poor people who own the wool to bring it to the south and east coast of ireland, there being no markets in the west and north-west parts of that island, where they could sell it; and the farmers and sheep-breeders are no merchants, nor have they carriage for so long a journey; but either the public ought to appoint proper places whether it shall be carried, and where they would receive money for it at a certain rate; or erect markets where those who deal in wool might come to buy, and where those who have it to sell would find buyers. no doubt but the want of buyers is the reason why so much of the irish wool is carried over to france; besides, if markets were appointed where the poor farmers could always find buyers at one price or another, there would be then no pretence for them to carry it away in the dark, and by stealth, to the sea side, as is now the case; and the justice of prohibitions and seizures would be more easily to be defended; indeed there would be no excuse for the running it off, nor would there want any excuse for seizing it, if they attempted to run it off. but i am called upon to answer the objection mentioned above; namely, that the manufactures in england do indeed already take off a very great quantity of the irish wool, as much as they have occasion for; nay, they condescend so far to the irish, as to allow them to manufacture a great deal of that wool which they take off; that is to say, to spin it into yarn, of which yarn so great a quantity is brought into england yearly, as they assure us amounts to sixty thousand packs of wool; as may be seen by a fair calculation in the book above mentioned, called the plan; in a word, that the english are not in a condition to take off any more. now this is that which leads me directly to the question in hand; whether the english are able to take off any more of the irish wool and yarn, or no. i do not affirm, that, as the trade in england is now carried on, they are able, perhaps they are not; but i insist, that if we were thoroughly resolved in england to take such wise measures as we ought to take, and as we are well able to do, for the improvement and increase of our manufactures, we might and should be able to take off, and work up the whole growth of the wool of ireland; and this i shall presently demonstrate, as i think, past doubt. but before i come to the scheme for the performance of this, give me leave to lay down some particulars of the advantage this would be to our country, and to our commerce, supposing the thing could be brought to pass; and then i shall show how easily it might be brought to pass. . by taking off this great quantity of wool and yarn, supposing one half of the quantity to be spun, many thousands of the poor people of ireland who are now in a starving condition for want of employment, would be set immediately to work, and be put in a condition to get their bread; so that it would be a present advantage to the irish themselves, and that far greater than it can be now, their wool which goes away to france being all carried off unwrought. . due care being then taken to prevent any exportation of wool to france, as, i take it for granted, might be done with much more ease when the irish had encouragement to sell their wool at home, we should soon find a difference in the expense of wool, by the french being disabled from imitating our manufactures abroad, and the consumption of our own would naturally increase in proportion. first, they would not be able to thrust their manufactures into foreign markets as they now do, by which the sale of our manufactures must necessarily be abated; and, secondly, they would want supplies at home, and consequently our manufactures would be more called for, even in france itself, and that in spite of penalties and prohibitions. thus by our taking off the irish wool, we should in time prevent its exportation to france; and by preventing its going to france, we should disable the french, and increase the consumption of our own manufactures in all the ports whither they now send them, and even in france itself. i have met with some people who have made calculations of the quantity of wool which is sent annually from ireland to france, and they have done it by calculating, first how many packs of wool the whole kingdom of ireland may produce; and this they do again from the number of sheep which they say are fed in ireland in the whole. how right this calculation may be i will not determine. first, they tell us, there are fed in ireland thirty millions of sheep, and as all these sheep are supposed be sheared once every year, they must produce exactly thirty millions of fleeces, allowing the fell wool in proportion to the number of sheep killed. it is observable, by a very critical account of the wool produced annually in romney marsh, in the county of kent, and published in the said plan of the english commerce, that the fleeces of wool of those large sheep, generally weigh above four pounds and a half each. it is computed thus; first he tells us that romney marsh contains , acres of land, that they feed , sheep, whose wool being shorn, makes up , packs of wool, the sum of which is, that every acre feeds three sheep, every sheep yields one fleece, and fleeces make one pack of wool, all which comes out to , packs of wool, twenty-three fleeces over, every pack weighing two hundred and forty pounds of wool. vide plan, &c. p. . i need not observe here, that the sheep in ireland are not near so large as the sheep in romney marsh, these last being generally the largest breed of sheep in england, except a few on the bank of the river tees in the bishoprick of durham. now if these large sheep yield fleeces of four pounds and a half of wool, we may be supposed to allow the irish sheep, take them one with another, to yield three pounds of wool to a fleece, or to a sheep, out of which must be deducted the fell wool, most of which is of a shorter growth, and therefore cannot be reckoned so much by at least a pound to a sheep. begin then to account for the wool, and we may make some calculation from thence of the number of sheep. . if of the romney marsh fleeces, weighing four pounds and a half each, fifty-six fleeces make one pack of wool; then seventy fleeces irish wool, weighing three pounds each fleece, make a pack. . if we import from ireland one hundred thousand packs of wool, as well in the fleece as in the yarn, then we import the wool of seven millions of sheep fed in ireland every year. come we next to the gross quantity of wool; as the irish make all their own manufactures, that is to say, all the woollen manufactures, needful for their own use, such as for wearing apparel, house furniture, &c., we cannot suppose but that they use much more than the quantity exported to england, besides that, it is too well known, that notwithstanding the prohibition of exportation, they do daily ship off great quantities of woollen goods, not only to the west indies, but also to france, to spain, and italy; and we have had frequent complaints of our merchants from lisbon and oporto, of the great quantity of irish woollen manufactures that are brought thither, as well broadcloth as serges, druggets, duroys, frieze, long-ells, and all the other sorts of goods which are usually exported from england; add these clandestine exportations to the necessary clothing, furniture, and equipages, of that whole nation, in which are reckoned two millions and a half of people, and we cannot suppose they make use of less than two hundred thousand packs of wool yearly among themselves, which is the wool of fourteen millions of sheep more. we must, then, allow all the rest of the wool to be run or smuggled, call it what you please, to france, which must be at least a hundred to a hundred and twenty thousand packs more: for it seems the irish tell us that they feed thirty millions of sheep in the whole kingdom of ireland. if, then, they run over to france a hundred thousand packs of wool yearly, which i take to be the least, all this amounts to twenty-eight millions of fleeces together; the other two millions of fleeces may justly be deducted for the difference between the quantity of wool taken from the sheep that are killed, which we call fell wool, and the fleece wool shorn. upon the foot of this calculation, there are a hundred thousand packs of wool produced in ireland every year, which we ought to take off, and which, for want of our taking it off, is carried away to france, where it is wholly employed to mimick our manufactures and abuse our trade; lessening thereby the demand of our own goods abroad, and even in france itself. this, therefore, is a just reproach to our nation, and they are certainly guilty of a great neglect in not taking off that wool, and more effectually preventing it being carried away to france. it must be confessed, that unless we do find some way to take off this wool from the irish, we cannot so reasonably blame them for selling it to the french, or to anybody else that will buy, for what else can they do with it, seeing you shut up all their ports against the manufacturers; at least you shut them up as far as you are able; and if you will neither let them manufacture it, for not letting them transport the manufacture when made is in effect forbidding to make them; i say, if you will neither let them manufacture their wool nor take it off their hands, what must they do with it? but i come next to the grand objection; namely, that we cannot take it off, that we do take off as much as we can use, and a very great quantity it is too; that we are not able to take more, that is to say, we know not what to do with it if we take it; that we cannot manufacture it, or if we do, we cannot sell the goods; and so, according to the known rule in trade, that what cannot be done with profit or without loss, we may say of it that it cannot be done; so in the sense of trade, we cannot take their wool off, and if they must run it over to france, they must, we cannot help it. this, i say, is a very great mistake; and i do affirm, that as we ought to take off the whole quantity of the irish wool, so we may and are able to do it. that our manufacture is capable of being so increased, and the consumption of it increased also, as well at home as abroad; that it would in the ordinary course of trade call for all the wool of ireland, if it were much more than it is, and employ it profitably; besides employing many thousands of poor people more than are now employed, and who indeed want employment. upon this foundation, and to bring this to be true, as i shall presently make appear, i must add, that a just reproach lies upon us for indolence, and an unaccountable neglect of our national interests, in not sufficiently exerting ourselves to improve our trade and increase our manufactures; which is the title, as it is the true design, of this whole work. the affirming, as above, that we are able to increase our manufacture, and by that increase to take off more wool, may, perhaps, be thought an arrogance too great to be justified, and would be a begging the question in an egregious manner, if i were not in a condition to prove what i say; i shall therefore apply myself directly to evidence, and to put it out of doubt:-- by increasing our manufacture, i am content to be understood to mean the increasing the consumption, otherwise, to increase quantity only, would be to ruin the manufacturers, not improve the trade. this increasing the consumption is to be considered under two generals. . the consumption at home. . the exportation, or consumption abroad. i begin with the last; namely, the consumption abroad. this is too wide a field to enter upon in particular here, i refer it to be treated at large by itself; but as far as it serves to prove what i have affirmed above, namely, that the consumption of our manufactures may be improved abroad, so far it is needful to speak of it here; i shall confine it to the english colonies and factories abroad. it is evident, that by the increase of our colonies, the consumption of our manufactures has been exceedingly increased; not only experience proves it, but the nature of the thing makes it impossible to be otherwise; the island of st. christopher, is a demonstration beyond all argument; that island is increased in its product and people, by the french giving it up to us at the treaty of utrecht. its product of sugar is almost equal to that of barbadoes, and will in a very few years exceed it; the exports from hence to that island are increased in proportion; why then do we not increase our possessions, plant new colonies, and better people our old ones? both might be done to infinite advantage, as might be made out, had we room for it, past contradiction. we talk of, and expect a war with spain; were the advantages which new settlements in the abandoned countries of america, as well the island as the continent considered, we should all wish for such a war, that the english might by their superiority at sea, get and maintain a firm footing, as well on the continent as the islands of america: there the spainards, like the fable of the dog in the manger, neither improve it themselves, nor will admit others to improve; i mean in all the south continent of america, from buenos ayres to port st. julien, a country fruitful, a climate healthful, able to maintain plentifully any numbers, even to millions of people, with an uninterrupted communication within the land, as far as to the golden mountain of the andes or cordilleras, where the chilians, unsubdued by any european power, a docible, civilized people, but abhorring the spaniards, would not fail to establish a commerce infinitely profitable, exchanging gold for all your english manufactures, to an inexpressible advantage. among the islands, why should not we, as well as the french, plant upon the fruitful countries of cuba and hispaniola, as rich and capable of raising sugars, cocoa, ginger, pimento, indigo, cotton, and all the other productions usual in that latitude, as either the barbadoes or jamaica. our factories, for they cannot yet be called colonies, on the coast of africa, offer us the like advantages. why are they not turned into populous and powerful colonies, as they might be? why not encouraged from hence? and why is not their trade espoused and protected as our other colonies and factories? but left to be ravaged by the naked and contemptible negroes; plundered, and their trade ravished by the more unjust and more merciless interlopers, who, instead of thieves, for they are no better, would be called separate traders only, though they break in by violence and fraud upon the property of an established company, and rob them of their commerce, even under the protection of their own forts and castles, which these paid nothing towards the cost of. why does not england enlarge and encourage the commerce of the coast of guinea? plant and fortify, and establish such possessions there as other nations, the portuguese for example, in the opposite coast on the same latitude? is it not all owing to the most unaccountable indolence and neglect? what hinders but that we might ere now have had strong towns and an inhabited district round them, and a hundred thousand christians dwelling at large in that country, as the portuguese have now at melinda, in the same latitude, on the eastern coast? and what hinders, but that same indolence and neglect, that they have not there growing at this time, the coffee of mocha, as the dutch have at batavia; the tea of china, the cocoa of the caraccas, the spices of the moluccas, and all the other productions of the remotest indies, which grow now in the same latitude, and which cost us so much treasure yearly to purchase, and which, as has been tried, would prosper here as well as in the countries from which we fetch them? what a consumption of english manufacture would follow such a plantation? and what an increase of trade would necessarily attend an increase of people there? i have not room to enlarge here upon these heads; they are fully stated in the said plan of english commerce, and in several other tracts of trade lately published by the same author, and to that i refer. see the plan, chap. iii. page . and chap. v. page . i come next to the consumption at home, and here indeed the proof lies heavy upon ourselves; nothing but an unaccountable supreme negligence of our own apparent advantages can be the cause of the whole grievance; such a negligence, as i think, no nation but the english are, or can be guilty of; i mean no nation that has the like advantage of a manufacture, and that has a hundred thousand packs of wool every year unwrought up, and a million of people unemployed. n. b. all our manufactures, whether of wool, silk, or thread, and all other wares, hard or soft, though we have a very great variety, yet do not employ all our people, by a great many; nay, we have some whole counties into which the woollen, or silk, or linen manufacture, may be said never to have set their feet, i mean as to the working part; or so little as not to be worth naming; such in particular as cambridge, huntingdon, hertford, bedford; the first three are of late indeed come into the spinning part a little, but it is but very little; the like may be said of the counties of cheshire, stafford, derby, and lincoln, in all which very little, if any, manufactures are carried on; neither are the counties of kent, sussex, surry, or hampshire, employed in any of the woollen manufactures worth mentioning; the last indeed on the side about alton and alresford, may be said to do a little; and the first just at canterbury and cranbrook. but what is all they do compared to the extent of four counties so populous that it is thought there are near a million of people in them? seeing then, i say, there are yet so many people want employ, and so much wool unwrought up, and which for want of being thus wrought up, is carried away by a clandestine, smuggling, pernicious trade, to employ our enemies in trade, the french, and to endanger our manufactures at foreign markets, how great is our negligence, and how much to the reproach of our country is it, that we do not improve this trade, and increase the consumption of the manufactures as we ought to do? i mean the consumption at home, for of the foreign consumption i have spoken already. it seems to follow here as a natural inquiry, after what has been said, that we should ask, how is this to be done, and by what method can the people of england increase the home consumption of their woollen manufactures? i cannot give a more direct answer to this question, or introduce what follows in a better manner, than in the very words of the author of the book so often mentioned above, as follows, speaking of this very thing, thus:-- "the next branch of complaint," says this author, "is, that the consumption of our woollen manufacture is lessened at home. "this, indeed," continues he, "though least regarded, has the most truth and reason in it, and merits to be more particularly inquired into; but supposing the fact to be true, let me ask the complainer this question, viz., why do we not mend it? and that without laws, without teazing the parliament and our sovereign, for what they find difficult enough to effect even by law? the remedy is our own, and in our own power. i say, why do not the people of great britain, by general custom and by universal consent, increase the consumption of their own manufacture by rejecting the trifles and toys of foreigners? "why do we not appear dressed in the growth of our own country, and made fine by the labour of our own hands?" vide plan of the english commerce, p. . and again, p. ; "we must turn the complaints of the people upon themselves, and entreat them to encourage the manufactures of england by a more general use and wearing of them. this alone would increase the consumption, as that alone would increase the manufacture itself." i cannot put this into a plainer or better way of arguing, or in words more intelligible to every capacity. did ever any nation but ours complain of the declining of their trade and at the same time discourage it among themselves? complain that foreigners prohibit our manufactures, and at the same time prohibit it themselves? for refusing to wear it is the worst and severest way of prohibiting it. we do indeed put a prohibition upon our trade when we stop up the stream, and dam up the channel of its consumption, by putting a slight upon the wearing it, and, as it were, voting it out of fashion; for if you once vote your goods out of wear, you vote them out of the market, and you had as good vote them contraband. with what an impetuous gust of the fancy did we run into the product of the east indies for some years ago? how did we patiently look on and see the looms empty, the workmen fled, the wives and children starve and beg, the parishes loaded, and the poor's rates rise to a surprising height, while the ladies flourished in fine massulapatam, chints, indian damasks, china atlasses, and an innumerable number of rich silks, the product of the coast of malabar, coromandel, and the bay of bengal, and the poorer sort with calicoes? and with what infinite difficulty was a remedy obtained, and with what regret did the ladies part with that foreign pageantry, and stoop to wear the richest silks of their own manufacture, though these were the life of their country's prosperity, and those the ruin of it? when this was the case, how fared our trade? the state of it was thus, in a few words:-- the poor, as above, wanted bread; the wool lay on hand, sunk in price, and wanted a market; the manufacturers wanted orders, and when they made goods, knew not where to sell them; all was melancholy and dismal on that side; nothing but the east india trade could be said to thrive; their ships went out full of money and came home full of poison; for it was all poison to our trade. the immense sums of ready money that went abroad to india impoverished our trade, and indeed bid fair to starve it, and, in a word, to beggar the nation. at home we were so far from working up the whole quantity or growth of our wool, that three or four years' growth lay on hand in the poor tenants' houses, for want of which they could not pay their rent. the wool from scotland, which comes all to us now, went another way, viz., to france, for the union was not then made, and yet we had too much at home. nor was the quantity brought from ireland half so much as it is now. was all this difference from our own wearing, or not wearing the produce of our own manufacture? how unaccountably stupid then are we to run still retrograde to the public good of our country, and ruin our own commerce, by rejecting our own manufacture, setting our people to furnish other nations with cloths, and recommending the manufacture to other countries, and rejecting them ourselves? if the difference was small, and the clothing of our own people was a thing of small moment, that it made no impression on the commerce, or the manufacture in general, it might be said to be too little to take notice of. if our consumption at home is thus considerable, and the clothing of our own people does consume the wool of many millions of sheep; if the silk trade employs many thousands of families; if there is an absolute necessity of working up if possible all the growth of our wool, as well of ireland as of england, or that else it would be run over to france, to the encouragement of rival manufactures, and the ruin of our own; in a word, if our own people, falling into a general use of our own manufacture, would effectually do this, and their continuing to neglect it would effectually throw our manufacture into convulsions, and stagnate the whole trade of the kingdom; if our wearing foreign silk manufactures did annually carry out , , _l._ sterling per annum for silks, to france and italy, and above , _l._ per annum for the like to india, all in spices, to the impoverishing our trade, by emptying us of all our ready money, as well as starving our poor for want of employment. again, if these grievances were very much abated, and indeed almost remedied by the several acts of parliament, first to prohibit east india silks, then to lay high duties, equal to prohibition, upon french silks; and, in the last place, an act to prohibit the use and wearing of printed calicoes; i say, if these acts have gone so far in the retrieving the dying condition of our woollen manufacture, and encouraging the silk manufacture; that in the first, we have wrought up all the english growth of wool, and that of scotland too, which was never done before; and in the last have improved so remarkably in the silk manufacture, that all that vast sum of , , _l._ per annum, expended before in french and indian silks, is now turned into the pockets of our own poor, and kept all at home, and the silks become a mere english manufacture as was before a foreign. if all this is true, as it is most certainly, what witchcraft must it be that has seized upon the fancy of this nation? what spirit of blindness and infatuation must have possessed us? that we are in all haste running back into the old, stupid, and dull unthinking state, and growing fond of anything, nay of everything that is injurious to our own commerce, and be it as ruinous as it will to our own poor, and to our own manufactures; nay, though we see our trade sick and languishing, and our poor starving before our eyes; and know that we ourselves are the only cause of it, are yet so obstinately and unalterable averse to our own manufacture, and fond of novelties and trifles, that we will not wear our own goods, but will at any hazard make use of things foreign to us, the labour and advantage of strangers, pagans, negroes, or any kind of people, rather than our own. unhappy temper, unknown in any nation but ours! the wiser pagans and mahometans, natives of india, persia, china, japan, siam, pegu, act otherwise; wherever we find any people in these parts, we find them clothed with their own manufacture, whether of silk, cotton, herba, or of whatever other materials they were made; nor to this day have our nicest or finest manufactures, though perfectly new to them, (and novelties we see take with us to a frenzy and distraction) touched their fancies, or so much as tempted them to wear them; all our endeavours to persuade them have been in vain; but with us, any new fancy, any far-fetched novelty, however antick, however extravagant in price, nay the dearer the more prevailing, presently touches our wandering fancy, and makes us cast off our finest and most agreeable produce, the fruit of our own industry, and the labour of our own poor, making a mode of the foreign gewgaw, let it be as wild and barbarous as it will. but i meet with an objection in my way here, which is insisted upon with the utmost warmth; namely:-- objection: you seem to acknowledge that the prohibition of india silks and the duties upon french silks, have effectually answered the end as to silks; and that the late act against the use and wearing of printed or painted calicoes has likewise had its effect on the woollen manufacture. there is nothing now left to support your complaint but the printed linen; which, though it is become a general wear, yet is our own product and growth, and the labour of our own poor; for the scots and irish, by whom the linen is manufactured, are our own subjects, and ought as much to be in our concern as any of the rest, and that linen is as much our own manufacture as the silk and the wool. nothing could, in my opinion, be more surprising of its kind, than to hear with what warmth this very argument was urged to the parliament, and to the public, by not the scots and irish only, but even by some of our own people, possessed and persuaded by the other, at the time the act against the printed calicoes was depending before the parliament; as if an upstart, and in itself trifling manufacture, however increased by the corruption of our people's humour and fancy, could be an equivalent to the grand manufacture of wool in england, which is the fund of our whole commerce, and has been the spring and fountain of our wealth and prosperity for above three hundred years; a manufacture which employs millions of our people, which has raised the wealth of the whole nation from what it then was to what it now is; a manufacture that has made us the greatest trading nation in the world, and upon which all our wealth and commerce still depends. i insist upon it that no novelty is to be encouraged among us to the prejudice of this chief and main support of our country, let it be of what kind it will; nor is it at all to the purpose to say such or such a novelty is made at home, and is the work of our own people; it is to say nothing at all, for we ought no more to set up particular manufactures to the prejudice of the woollen trade in general, which is the grand product of the whole nation, and on which our whole prosperity depends, than we would spread an universal infection among us, on pretence that the vegetable or plant from whence the destructive effluvia proceeded, was the growth of our own land; or than we should publish the alcoran and the most heretical, blasphemous, or immodest books, to taint the morals and principles of the people, on pretence that the paper and print were our own manufactures. i am for encouraging all manufactures that can be invented and set up among us, and that may tend to the employment of the poor and improvement of our produce; such things having a national tendency to raising the rent of our lands, assisting the consumption of our growth, and, in a word, increasing trade in general; i say i am for encouraging new manufactures of all sorts, with this one exception only, namely, that they do not interfere with, and tend to the prejudice of the woollen manufacture, which is the main and essential manufacture of england. but the woollen manufacture is the life and blood of the whole nation, the soul of our trade, the top of all manufactures, and nothing can be erected that either rivals it or any way lessens it or interferes with it, without wounding us in the more noble and vital part, and, in effect, endangering the whole. to set up a manufacture of painted linen, which, touching the particular pride and gay humour of the ordinary sort of people, intercepts the woollen manufacture, which they would otherwise be clothed with, is so far wounding and supplanting the woollen manufacture for a paltry trifle, and though it is indeed in itself but a trifle, yet as the poorer sort of people, the servants, and the wives and children of the farmers and country people, and of the labouring poor, who wear this new fangle, are a vast multitude, the wound strikes deeper into the quantity than most people imagine, makes a large abatement of the consumption of wool, lessening the labour of the poor manufacturers very considerably; and on this account, i say, it ought not to be encouraged, though it be our own manufacture. do we not, from this very principle, prohibit the planting tobacco in england, though our own land would produce it? do we not know there are coals in blackheath, muzzle-hill, and other places, but that we must not work them that we may not hurt the navigation? the reason is exactly the same here. this consideration is so pungent in itself, and so naturally touches every englishman that has the good of his country at heart, that one would think there should be no occasion for an act of parliament to oblige them to it; but they should be moved by a mere concern of mind, and generous endeavour for the public prosperity, not to fall in with or encourage any new project, any new custom or fashion, without first inquiring particularly whether it would not be injurious to the prosperity of the main and grand article of the english commerce, the woollen manufacture. were this public spirit among us, we need fear no upstart manufacture breaking in upon us, whether printed linen or anything else; for no people of sense, having the good of their country at heart, would touch it, much less make it a general fashion. but, as the plan of english commerce observes, our people, the ladies especially, have such a passion for the fashion, that they have been the greatest enemies to our woollen manufacture; and i must add that this passion for the fashion of printed linens at this time is a greater blow to the woollen manufacture of england than all the prohibitions in germany and italy, of which we may have formed such frightful ideas in our minds; or even than all the imitation of our manufactures abroad, whether in france, or any other part of europe. and yet, to conclude all, how easy, how very easy is it for us to prevent it; which, by the way, deserves a whole book by itself. finis. transcriber's notes: passages in italics are indicated by _underscore_. the following misprints have been corrected: superfluous "i" removed (page ) "of of" corrected to "of" (page ) "at at" corrected to "at" (page ) works issued by the hakluyt society. ------ diary of richard cocks. first series. no. lxvii-mdcccxxxiii diary of richard cocks cape-merchant in the english factory in japan - _with correspondence_ edited by edward maunde thompson vol. ii burt franklin, publisher new york, new york published by burt franklin west th street new york , n. y. originally published by the hakluyt society reprinted by permission printed in the u.s.a. diary of richard cocks. . _january ._--i delivered these bills to mr. osterwick this day, viz.:-- bill kyng firandos, figen a came, for _tais_. bill unagenses, for / barill gunpolder : : bill unagenses, for pec. dutts r. _corg._ sould for _tay_ pec., is : : bill kitskin donos, for money lent hym : : bill of guarian ushenusque dono, mony lent : : bill of guenchque or tonomon same, kinges brother : : bill ditto tonomon same, for pec. red zelas : : and i gave hym my writing for my boy tushma, called bicho, bought of jno. japon. we had much adoe with the mareners of our junk about carrying passingers along with them, and som of the officers of junk came ashore, but i sent them back per kinges order. and about midnight i went abord the junck to cochy my selfe, and carid loves bread, a veneson pastie, a peece rosting beefe, and a bottell spanish wyne; and in the way met an offecer of the junk, called tiquan, and caryed hym back againe. mr. eaton had much ado abord, before i came, and turned passingers ashore whom he fownd hid in mareners cabbins. capt. adames rec. _tais_ plate bars in parte of payment for his junk. and i had these newyears giftes following geven me:-- a barill _morofack_ from capt. adames. a _maky_ contor from mr. ric. wickham. a compas for variation from mr. wedmore. a band and a nightcap from jno. cook. a peece black taffety from capt. china. and i gave these newyears giftes following, viz.:-- to capt. adames a nest of _maky_ beakers. to mr. wickham a _wakadash_ and knife geven me per safian dono or chubio dono. to mr. wedmor _maky_ beakers. to jno. cook a pere silk stockinges, ash culler. _january ._--oure junk _sea adventure_ put to sea this mornyng betyme from cochy. i rec. the writing of my boy lawrance from mr. eaton. he cost me _tais_ japon plate. i delivered one hundred _tais_ plate bars to mr. nealson, proceed of thinges of his sould per ric. king at miaco. and ther was a bar plate, containing _ta._ _m._ _co._, geven to the botswains wife of our junk which is gon to syam, per a generall consent, she coming to se her husband. _january ._--the ould man of langasaque being desirous to retorne, although he were sick, mr. osterwick paid hym - / _tais_ plate for his payns coming from langasaque, buying and setteing the trees. and we rec. of the _tono_ of firando one thousand _taies_ plate bars in parte payment of his bill of _tais_, and _tais_ more was paid before in rise and money and tymber. so now restes _tais_ to be paid upon that bill. this _tais_ mr. osterwick receved, and paid it instantly to andrea dittis, china capt., yt being lent to hym and his brother whaw gratis for a yeare, without intrest, to be emploid about procuring trade into china. groby dono ment to play the villen, and thought to have brought me in danger for sale of _pico_ silk unto hym, having made a falce writing, as capt. adames, mr. wickham, our _jurebasso_, and others can witnesse; and procured takamon dono (our enymie) to bring the matter in question, he being cheefe justice in the kingdom of firando. and so he sent men unto me in the name of groby dono to demand performance of sale of _picull_ of silk. but i took such a course that my bad writing proved good, and served hym as he served me, yet nothing but the truth. the king of firando sent unto me to make an end of the processe i have with cazanseque, scrivano of giquans junk, which mr. sayer cam in from syam. _january ._--i began a plito (or processe) this day against cazanseque, the scrivano of giquans junk, and goresano, our quandom _jurebasso_, the coppie wherof, in japons, i keepe in my hand, and sent the princepall to king of firando per mr. sayer and jno. _jurebasso_. we cleared yisterday with king firando for his bill of _tais_, wherof he paid _tais_ in money, in tymber and rise, and this day gave me a bill for the other _tais_ to be paid within monthes. _january ._--i wrot a letter to capt. whaw to langasaque how i had paid the _taies_ to his brother, andrea dittis, tuching our busynes (or entrance) into china, and that my selfe and what else was in my power, was at his comand. also that i hoped our shipp would be ready to departe towardes bantam within few dayes, and was ready to serve hym in what i could, and ment to com to vizet hym at langasaque within few daies, being very sory for the death of his yong sonne, etc. _january ._--semi dono made a new junk, and the mareners danced about towne with whores in their company at semi donos apointment, i not having seene the lyke till now. _january ._--capt. adames being at supper at our howse, and going hom, met toncha samas wife going hom, and on of her slaves strock the lanterne out of capt. adames mans hand. _january ._--i went and advised oyen dono how capt. adams was abuced yisternight, i being an eye wittnes. he tould me i was best to enforme torasemon dono of the matter, and semi dono, yf i thought best, whoe would take order the fello should be punished. niquan came from langasaque to accord with capt. adames to goe pilot for cochinchina. _january ._--i wrot a letter to capt. adames expreesse, at request of china capt., to will hym to goe with the chinas rather then the japons, in respect the honorable comp. adventure with ed. sayer goeth in her, and they offer to geve hym more then any other. the hollandes shipp, called the _galleas_, put to sea from cochy daies past, hearing that the amacau shipp was falne downe and thought to seale away before they were aware. _january ._--we had news this day that the amacou shipp put to sea daies past and of purpose to fight with the holland _gallias_, but i am of opinion, yf they meete, that the amacau ship will goe for bantam or molucos. _january ._--news came from langasaque that the amacau ship put back to langasaque per meanes of contrary wyndes, but sowne after put out to sea againe. _january ._--i rec. a letter from capt. adames, dated in langasaque daies past, in answer of myne sent hym per expres the th currant, and that he meaneth to retorne to firando within or daies, and end with the chinas. the fownders, or mynt men, came againe to melt plate this day. this day newes came that the amacau ship is retorned to facunda, leagues from langasaque, and have sent a pinisse (or barke) to goto, to look out for hollandes shipp, being afeard to put to sea, yf she be out. _january ._--we had much adowe in fending and provinge betwixt the chirurgion of th' _adviz_ and ric. wedmor, the master his mate, the chirurgion saying that wedmor had broken open his chist and taken out bottell of oyle or medsonable stuffe; but the other denid it. yet there was witnes he took them out, but put them in againe. the truth is, the chirurgion is a fowle mouthed fello and on that is two much geven to drinking; and, on the other syid, wedmor is a pivish overwyneing fello. going about to melt plate in _somo_, we found it would stand us in about per cento losse in japon plate bars. so we gave it over, and melted but _tais_ in _fibuk_ or first melting, to send to bantam for a triall. in which plate we lost - / in som, - / in other, and in som more. _january ._--the hollanders broght the junk ashore which they took from the chinas and will trym her on a sudden (as they say) to send for cochinchina. capt. adames retorned from langasaque, haveing byn daies on the way per meanes fowle wether and contrary windes. he sayeth the pilot of the amacou shipp tould hym they had sight of the hollandes shipp, which made them to retorne back into langasaque roade for feare she would have set upon her. the china capt. desyrd to have our _fro_ heated for hym and other chinas; which was donne. _january ._--taffy dono sent us pine trees to set at our dore on the new years day of japon, being _shonguach_, which begyneth on sattarday next, being the th currant. _january ._--mr. nealson in his fustion fumes did beate co jno., our _jurebasso_, about the head with his shewes in the streete, because he came not to hym at his first calle, and yet had a _jurebasso_ of his owne as good a linguist as he. this man still seeketh quarrells against all men, which is no small trowble and greefe unto me, i having much adoe to please all and yet cannot. i gave a bar plate containing _ta._ _m._ _co._ to the _maky_ man in respect he gave me a banketing box. we gave taffi dono a present of - / _tatt._ black bayes and _tatta_ fustion, and the oyleman - / _tatt._ blak bayes: they being our money changers. _january _ (_shonguach _).--i sent the china capt. a present of a _keremon_, a bottell spanish wyne, and a banketing box portingall fartes[ ], diet bread, and other sweet meates; and to niquan the china, his kynsman, a _keremon_; and to matingas father a _kerremon_; and to the women boxes of portingall fartes, etc.; and to china capt. doughter a _keremon_, she coming to vizet me and brought a peece damaske. and many chinas came to vizet me in a troope together, wishing me a good new yeare. and tonomon sama, the kinges brother, passing by, sent his man in his behalfe to wish me a good new yeare, exskewsing his not entring, he being going to his mother. [ ] _farte_, a tart. _january ._--ther was presentes sent as followeth, viz.:--to the king or _tono_ _barsos_ wyne and fyshes; to tonomon sama, his brother, the lyke; to bongo sama, his uncle, the lyke; to sangero sama barilles wyne and fysh; to semy dono, the lyke; to oyen dono, the lyke; to taccamon dono, the lyke; to sugeon dono, the lyke; to his father, the lyke; to torazemon dono, the lyke. and i went and viseted capt. adames and his host and carid hym and thother a bottell spanish wine and a banketing box sweet meates, with little bottells _morofack_. _january ._--we gave the mint man a _tattamy_ and a halfe of bayes for a present, and paid him for melting plate, viz.: for _fibuk_, or once melted, _mas_ per c. _tais_; for bars twise melted, one per cento; they to find coles and we lead; as the hollanders did the like; and yf we melt plate _somo_, to pay - / per cento. the oyle man, our money changer, brought a present of bundelles money paper and a baskit of mustard seed. and the founders brought a bundell japon writing paper containing quire. we sent a present of _barsos_ wyne and fyshes to unagense dono, and sugien donos father came to english howse and brought a present of _muchos_, wyne, and fysh to me, and the like to mr. wickham. _january ._--oyen dono came to vizet me and brought me fans for a present, wishing us a good new yeare. and after dyner torazemon dono sent me word that capt. speck ment to vizet the kyng to wish hym a good new yeare, and gave me councell to doe the lyke, this day being held a happie day, and taken in kynd parte by them which were vizeted. so i went and carid a jar of conservs, not to goe emptie handed. and sowne after came capt. speck with a cheane of gould about his neck, being accompanid with capt. barkhout, mr. albartus, and leonard. and i had mr. nealson and mr. osterwick with me. and i think there were above japons at same tyme to vizet the king. i thought at first they would have called in capt. speck before me, which yf they had, i would have retorned home without seeing the king. but in the end i was called in and my present of _barsos_ wyne, fyshes, and jar conservs present, for which the king gave me thankes with many complementall wordes that he held my visetation that day in much esteem, and so drank to me and to the rest. and, at our going out, capt. speck entred, his present being a barrill wyne and fysh, with a long table or present bord, filled with trenchars, _gocos_, and tobacco boxes, china _maky_ ware. the china capt. sent to borrow a jar conserves of me, which i sent unto hym; and his littell doughter came and brought me a present of _maky_ standing cups and covers, her father being present. the kinges brother, bongo same, semi dono, and torazemon dono thanked me for the presentes sent them; but unagense saw me, not speaking to me. also yasimon dono and the smith came to vizet me, and brought each on a bundell paper and a fan; as divers neighbors brought fans, _nifon cantange_. _january ._--we sent presentes this day:--to gonoske dono, _barsos_ wyne and fysh; and to nobeske dono the like. the scholmaster brought a basket oranges for present. news came from langasaque how the amacau shipp riding at an ancor at faconde, a league from thence, som caffros or slaves of the spaniardes or portugezes went ashore in the night and stole a cow, having kilde her; but before they could get her into their boate, the owner pursued them with other cuntrey people and laid hould on them. but the spaniardes or portingalles came to sucker them, and soe they fell from wordes to blowes, the portingall etc. killing or japons. whereupon the king of umbra sent downe soldiers to take the offenders and would have forced the shipp, except they had deliverd the princepall offenders into his handes, which he caused to be cut in peeces, so many of them as they had kild of japons. _january ._--i wrot a letter to capt. whaw per niquan, and sent him _tais_ plate bars to melt into plate _somo_ per emperours rendadors. unagense dono sent me a present of littell _barsos_ wyne, fyshes, a phasant cock, japon cakes or _muchos_, and certen rootes. and chinas brought a present of sweetmeates, called by the japons _ye by god_, made of barley flower, suger, and other matters. _january ._--the herb woman brought a small _barso_ wyne and string cuttelfish for a present. _january ._--i rec. a letter from jor. durois, dated in langasaque, th february, new stile, wherin he advised me that a laskero, or more, which was a slave in the amacan shipp, had stolne a beefe ashore at faconda, the which coming to the capt. eares, and that there was a man slaine about it, he caused the lascaro to be carid ashore, and hanged. this he sayeth was the brute which hapened at facondo, of which i took notis before. i made up the _maky_ ware for my lady smith this day, for her contor rec. in the _adviz_, rated at mark str., is : : : and packed it up in parcelles in chistes, viz.: _ta._ _m._ _co._ no. , containing nestes trunkes, cost no. , containing case bottelles, cost no. , containing scritorios, cost no. , greate scritorio, cost no. , divers matters, viz.:-- _ta._ _m._ _co._ scritorio, cost basons and spout pots, greate ditto lesser sort, cost standing cups, cost tankardes, cost beakers, cost for chistes silk watta, cotton woll, ropes and mattes to pack them in --------------- som totall cost which i sent in the _adviz_ for bantam, consigned to capt. george bale, to send it for england per first conveance. mr. david watkins, sir tho. smiths man, wrot letters in my lady smiths name, to have the contor, or scritorio, sould, and retorne made in such matters as the company did not deale in; and mr. bale advised it to be in _maky_ ware. _january ._--the chinas at night came to our english howse, and made fyreworkes. _january ._--i gave andrea dittis, china capt., letters testimoniall or of favor, directed to all english ships at sea or others, frendes to his matie of england, on for a junk bound to tonkyn at cochinchina, and the other for junkes bound island formosa, called taccasanga or piscadores. skiamon dono brought a present of a bundell paper and a fan. _january ._--skidayen dono set the mastes of his junk this day, and made a feast, _nifon catange_; and i sent hym a banketing box, sweetmeates, and bottelles _singe_. groby dono came, accompanid with yasimon dono, capt. adames host, and an other merchant of sackay, to make frenship with me before he went back; and offred to deliver me back my bill of sale of silk to croby dono, and to rec. in his delivered to me with the _tais_ i had in hand, and with all desird a letter to croby dono of what past for his owne discharge. i demanded (or desird) of hym to let me have the _taies_ which i had in my handes, and to receave the like som of tozemon dono of sakay; of the which they said they would bethink them selves, and soe departed. _january ._--certen chinas came to vizet me after daylight, and brought fireworkes, which shewed well per night. _january ._--the china capt. had letters from langasaque that they were content to parte the _tiquan_[ ] office of tow, to let capt. adames men have the one halfe to send one or in it, as he would, and for marreners to send or , yf he would. the governor of langasaque, in the abcense of gonrok dono, passed by this place, and sent me a letter his brother had wrot unto me, complementall, for using him kyndly as he passed this way the last yeare. this man is bound to the emperours court, haveing a processe against tuan dono, the rich (as they terme hym), of langasaque, whome this man hath gotten a sentance against, and utterly undon tuan. this man brought me a _chaw_ cup covered with silver for a present, being worth som _tais_. and in his company came a servant of safian dono, and an other of chubio dono; and the first brought me a _barso_ of wine. skidayen dono and his consortes had the feast of baccus for their junk this day, dansing thorow the streetes with _caboques_, or women players, and entred into our english howse in that order, most of their heades being hevier than their heeles, that they could not find way hom without leading. [ ] chinese: _ti-kwan_, local office. _january ._--this day ended the japon feast of , and they took downe the trees sett up first day, and fet their faggotes with rise and wyne, as yearly they doe on this day. ushenusque dono sent me a phaisant cock, exskewsing his not coming per meanes of his emploimentes abroad. and i sent the governor langasaque and safian donos man, eache of them, a quart bottell strong waters, with eache of them a china cup to drink it in. also figen a came, kyng of firando, sent me _barsos_ wyne and a wild boare for a present, wishing me a prosperous new yeare. and ike dono, the cavelero of xaxma, came and vizeted me, with a present of bundelles or reames japon paper, he being lately retorned from xaxma, where he sayeth the king is much affectioned to our english nation. _january ._--groby dono wrot a letter to capt. adames to cochy in bad termes, that i went about to deceave hym, and would force hym to take _tais_ in bad nishew counterfet plate. unto which i retornd answer that all he said was falce, and that i offerd hym no money but the same i receved from hym. this fello is he which would have cozend me with a falce writing, to have brought me in domages for _tais_ for sale of _pico_ silk upon delivery, contrary to my trew meanyng, as capt. adames, mr. wickham, our _jurebasso_, and other japons are witnesse. _february ._--capt. adames fell into extreme termes this day about groby dono, he which falcefied the writing, taking his part against me and all the english. i never saw hym in the lyke humour. we paid this groby dono the _tais_ spoken of before, and receved in my bill of croby dono for sale silke in question before, and deliverd hym in his bill of croby donos geven to me. _february ._--mr. nealson said he had certen monies taken out of his scritorio, the theefe drawing the neales out of boxes, he laying it to the charge of mr. wickhams servant, whome he newly entertayned, mr. nealson haveing put hym away. but mr. wickham held it done of mallice rather then a truth. _february ._--the china capt. went to langasaque, and capt. adames tould hym before he went that he would be as good as his word and goe on the voyage to cochinchina. _february ._--i rec. a letter from botswain of our junk _sea adventure_, dated at tomare[ ] in xaxma dais past: how they put in theare the th day after they went from hence, per meanes w.erly wyndes and hie sea, and ment to put to sea som daies past. the japon slave i saved from the gallous, and gave to mr. wickham, ran away, and, sending after hym, was fownd in a horehouse with or _tais_ plate in his purse, parte wherof he had spent amongst those leawd people, and the reste delivered to a japon to keepe. he confeseth that he had sould certen buttons (as he cald them) to a japon for - / _mas_, they being som in nomber, which he sayeth he stole from mr. wickham; which (as he sayeth) were littell corall beades and som pearle, which he now misseth, looking for them. [ ] tomari, on the coast. _february ._--the china which went to edo to get out _goshons_, or pasports, retorned to firando this day, telling me he staid daies at edo before he could have a dispach, and was dais going from miaco to edo, and as many in retorning, and dais coming from osakay to firando. he sayeth the sonne of safian dono is to succeade his father as governor of langasaque, and that gonrok dono, his cozen, is to com to remeane at langasaque as his deputy. this china brought me a present of _barsos_ wyne and a greate charger of chistnuttes, and departed for langasaque on such a sudden that he was gon before i sent to thank hym, thinking to have sent hym a present. _february ._--the theevishe slave i gave to mr. wickham did accuse his father, mother, and many others, to whome he said he delivered all such matters as he had stolne; but they denid all. and he still accused others; but no proofe. _february ._--extreme cold wether. miguell, our ould _jurebasso_, envited capt. adames and me to breckfast, being recovered of a great sicknesse, wherof our chirurgion had healed hym when he was speechlesse and thought past cure; which he did at my request. _february ._--frost and snow. soyemon dono sent to borow money of me, for that, as he sayeth, he is shortly to goe to the emperours cort with the _tono_ (or king) of firando his master, whoe (as he sayeth) is to marry themperours kynswoman; but my answer was, i had noe money. also semy dono would borow the mast of a small junck we have, to make a foremast for his new junck. i answerd hym, yf he would take junck and mast together at price i paid for her, i was content, but to lend the mast i could not, having occation to employ the junck. _february ._--a hard frost, the lyke i not having seene since i came into japon, it being above an inch thick, the ise frozen this last night. snow all day and parte of night following. there was a howse broken open the night past and or japon _keremons_, or coates, stolne out. but the theefe was fownd, being a carpenter, and put into prison. _february ._--still cold frosty wether. sangero samma and others still send to borow money, which maketh me awery to live amongst them; for lend money i will not to such as i know will never repay it. _february ._--pasquall benita came from langasaque to firando and brought me a present of _coiebos_, _micanas_,[ ] and peares. he tells me the amacan carick will not goe out this yeare for feare of the hollanders, and that the merchantes and capt. major goe to law about it. the capt. would goe out, but the merchantes will not. i think this fello came for an espie to se whether the hollanders and we were ready to goe out. he is an italian borne. [ ] _mikan_, an orange. _february ._--i went to the king, accompanid with capt. adames, mr. wickham, and ed. sayer, to tell hym our ship was ready to goe out towardes bantam, and ed. sayer for cochinchina. soe, yf he pleased to comand my service to bantam, england, or cochinchina, we were ready to doe it; for the which he thanked us. also i demanded justice against cazanzeque and goresano, the which he tould me he would doe me reason in. jno. yossen the hollander came from edo this day. i went to hollandes howse to vizet capt. speck. so i met capt. barkhoot theare, whoe envited me and rest of english abord the _son_ to dyner on sonday next. jor. durois wrot me there were speeches at langasaque that shongo samme themperour was dead; but i esteeme it a lye, jno. yooson coming from edo and saw hym; delivered thordinance to hym which the hollanders sent for a present. _february ._--a cavalero of osakay sent me a present of a banketing box, meate, _nifon catange_ (or japon fation), with a _barso_ of _singe_, because i made hym colation thother day; but i rather think it a preparative to borow money; yet herein he may be deceaved, for i fynd many borowers but non that make repayment. _february ._--we dyned abord the _son_, where capt. barkhout used us kyndly, and drunk healths to the kinges matie of england, and at every cup a gun, rownd about table, being or persons, and was answered the like out of the _adviz_. and at our coming abord gave us peeces ordinance and at our departure; and we had out of the _adviz_. capt. speck came not at feast, as i thinke only of pride, dowbting whether i should syt above him or no. we had news that the junk _sea adventure_ was in xaxma daies past, yet i have no letter from mr. eaton. i gave the coxswayne and company hollandes shipp, for fetching us abord and seting ashore, ii r. of . _february ._--we sent chistes money abord _adviz_, all refyned plate, containing _tais_, which with exchange is : : - / . _february ._--the shipp _adviz_ went out to cochi roade this day and shot affe peeces for a fare well; and the hollanders answerd with from the _son_ and from the howse, and a japon junk ; and we replid with more; and at our departure from cochi back the _adviz_ gave us peeces more. there were som speeches passed betwixt mr. wickham and mr. totton, as also betwixt mr. nealson and mr. totton, which were taken in ill parte on thon parte and other. but in my opinion mr. totton was in the falt. i did what i could to make frenship, and made it betwixt mr. wickham and hym; but mr. nealson would not be frends upon no termes, although mr. totton desird it and before all the company drunk a health to hym, wishing it might never goe thorow hym yf he bare hym any mallice. the hollanders sent out their _foy fone_ to helpe to toe out our shipp, rowed with ores, and we set out _foyfones_, dowbting whether the firandesas would send barkes to helpe us or no, because they fealed in the junck. but they sent out or barkes, which had byn enough, allthough we had no others. _february ._--the hollandes shipp _son_ went out to cochy roade. went out our _foyfone_ with owres to help to toe them out. the kyng sent of his _foyfones_ to helpe them out, besydes the towne boates. i note downe he sent non to us yisterday. i deliverd up my letter and acco. to mr. wickham to be sent for bantam and london. _february ._--som two howers before day we went abord the _adviz_ at cochy, and presently after capt. speck came abord, desyring us the ship might stay an hower or two for hym to write a letter; which i promised hym, in respect we could not be ready no sowner, having forgotten provition behind us at firando. soe about a clock she set seale. god send her a prosperous voyage. and i sent in her these letters following, viz.:-- to sir tho. smith, knight, with copy last yeare. to mr. tho. wilson, with copie of last yeare. to capt. saris, with coppie last yeare. to my brother, walter cocks. ould to mr. fosters wife, enclosed to capt. saris. to wor. company, with coppies of last yeare; with coppie from syam, camboia, and champa. to capt. georg ball, of l th curant. to capt. raphe coppindall, of l th curant. to mr. westby. to worll. company, of th ditto. to my nephew, jno. cocks. _february ._--taccamon dono sent me a wild boare for a present. _february ._--by meanes of contrary wyndes the ship _adviz_ retorned back to cochy; and mr. wickham sent a letter to have a boate sent hym to com ashore, which i sent to hym. so he and mr. totton came ashore after nowne. i wrot a letter to sir tho. smith, how i was enformed mr. ed. willmot, defunct purser of the _adviz_, dying at bantam, left me a legasie of _l._ str., to pay in england. i left a remembrance with mr. nealson and mr. osterwick at my going to langasaque, to look to howse in my abcense. _february ._--we set forwardes towardes langasaque this mornyng, and passing by the ship _adviz_, they shot affe peces ordinance. and we went to bed to setto,[ ] leagues from firando. we paid _tay_ for our lodging and _mas_ for fish. [ ] seto. _february ._--we arived at langasaque at clock after nowne. many chinas, japons, and portingals, and spaniards came to vizet me, knowing of my arivall. yt is said the carick will not goe out this yeare for feare of hollanders. _february ._--we sent presentes this day, viz. to saco dono, riyoyets dono, soyen dono, saquemon dono, and saquise dono, magistrates in langasaque, each one _barsos_ wyne, fyshes. and to capt. whow and his wife, - / _tatta_ sad blew cloth, glasse bottell of annise water. and divers chinas brought me presents, viz., shinquan, boxes marmelad, _cattis_ comfets, egges; ickquam came from cort, _barso_ wyne, egges; yongsham, loves of bread; niquan, barilles wyne, pec. red cheremis, oringes, egges. we had news that the hollandes junck, which went out two months past towardes syam, is put back into the liqueas; and the _gallias_ holland shipp into xaxma, having lost her mast. shiquan, the rich china, owner of the junk ed. sayer goeth in for cochinchina, envited us to dyner to morrow; and capt. whaw the day after. _february ._--we went to shiquan the china to dyner, where we had extraordinary entertaynment and good cheare. and at my retorne, i fownd soca samma sent me a present of _barsos_ wyne, bundelles sea weed; saquamon dono, _barsos_ wyne and cuttell fish, with many complementall words and offer of frendship. also jorge durois sent me mi[n]ced pies and a dishe of oranges. and from niquan, a china, peares and _micanos_. and i sent a present to jor. durois of pec. of callicos, bought of hollanders, at _tay_ pece, and a glasse bottell of annis water, and another of _morofack_; and withall delivered hym dyvers cullers silke to get peare silke stockinges knyt for mr. wm. nealson. we had newes this day that our junk _sea adventur_ is retorned the second tyme into xaxma, and that there grew some broyle theare betwixt som portingals bound out in a junck for camboja and mr. eaton. the reason grew because the portingales picked occation because mr. eaton passed by them without puting affe his hat (he being bound to doe no more to them then they to hym); so that from wordes they fell to blowes, but the portingalles were well beaten and driven abord. soe after, they complayned to the justice that our junck had no _goshon_ nor passe from themperor of japon, but went out on pilfering. whereupon the justice of xaxma demanded of mr. eaton yf he had any passe (or _goshon_) from themperour or noe. to which he answered he had, and shewed it unto them, desyring them to tell hym wherefore they asked such a question, the which they tould them was by reason of the portingalles information. "whie, then," said he, "i pray yow demand whether they have any passe or noe, for it may be they are theeves and would put it upon others." which being brought in question, they were fownd to have no passe. soe they cauced their junck to be brought on shore, and or japons to be laid handes on which went in her. and the kyng of xaxma wrot forthwith to court of japon to know the emperours pleasure, whether they should procead on voyag or noe. _february ._--we were envited to capt. whaw, the china, to dyner, where we were extraordenarely entertayned, with musick at our entry, with the lyke at first, second, and therd course, where there wanted not wyne of all sortes, and each one a dansing beare to serve us, _nifon cantage_. i gave the china capt. letters of favour more to the english shiping they met at sea, with flagges, two new and one ould. _february ._--i delivered bandes and peare cuffes to spanish woman to make. sanquan, a china, sent me egges, _barsos_ wyne, greate fyshes, and _cattis_ diet bread. also sanquishe, the governors brother, brought me egges. i shewed our conyskins, lambskins, and fitchet skyns to china capt. and his brother; but it seemeth they had no stomock to buy them, yet heretofore they said they would buy them all. _marche ._--i gave a flag and a letter favor to a china which goeth to taccasanga. the boteswane of the junk of giquan, wherin ed. sayer came from syam years past, came to me, being ernest to have me geve hym a letter of discharg tuching the sute i have against cazanzeque the purcer. but i denied hym, for i heare the purcer and he are consorts in thefte. _marche ._--i rec. letters this day from mr. eaton out of xaxma, dated in congushma,[ ] the th january, and the other in tomare, the th, th, and th february, in which he wrot me of the kynd usage the kyng of xaxma cauced to be geven to hym and to helpe our junck. also he advised how the portingalles complayned that we were theeves, and came to take their junck, not having the emperours pas; but it proved we had one and they non, by which meanes they fell into danger. i also rec. japan letters from miaco, sakay, osaky, firando, and out of xaxma. a china pilot brought me a present of pound citrons and egges; and capt. adams host, _micanas_ (or oringes), and the boteswains wife of our junk _sea adventure_, rowles of bread. also a china, whoe was hurt in his lip, brought a present of _barsos_ wyne, greate fyshes, and lobstars, with a bar plate to robert hawley, for dressing of his lip. the plate i cauced to be retorned, but the rest robt. hawley took. i went and vizeted ould gorge durons (_sic_) with capt. adames and rest, he using us kyndly. i gave his littell son jonico a riall of . [ ] kagoshima. _marche ._--i retorned answer to mr. eaton per same expres he sent letter by. we dyned at goquan, a chinas, this day, where we were well entertayned. _marche ._--we were envited to dyner to the plate fownder (or mynt man) called gota shozamon dono, where we had good cheare after christion fation, syting at a hie table with cheares. but the good man of howse did not eate with us, which [made] me jelous of poison. but in the end he came and drank with us. i think his abcense was for that he is a papist christion, and now tyme of lent. the china capt. was at dyner with us. i gave this mans two children, each of them, a r. of . _marche ._--i sent presentes as followeth, viz.:-- to fingo shiquan, the rich china, _tatta._ yelo bayes, fowling peec. to goquan, other rich china, _tatta._ yelo bayes, fowling peec. to capt. whow, china capt. brother, fowling peec. these men are emploid about geting trade into china. to goto zhozabra dono, mynt man, _tatta._ yello bayes. to chimpow, capt. junk which ed. sayer goeth in, two _tatta._ yello bayes, _barsos_ wyne, fyshes. and an ould china called shiquan sent me two _barsos_ wyne, egges , oranges , diet bread a platterfull. and from a china which went to kagalion, _barsos_ wyne, bundelles sea weed. and i gave this china an english flag and a letter of favor, at request of china capt. also i sent a present to a china called chimtay. _marche ._--i went to capt. whowes with andrea dittis, the china capt., and capt. adames, where we translated one of the kinges matis. letters into china, dated in westminster pallace, the th january , and th yeare of his matis. rayne of great brittany, france, and ireland; wherof i took coppies in chinas. one was sent to china with the said letter, an other to send for england, and the therd to keepe my selfe. i gave fingo shiquan, the china, a letter of favour and an english flag in his junck. co jnos. kynsman brought me a present of a marchpane made lyke a miter. _marche ._--news came to langasaque that they should make very dilligent search for padres (or pristes) and in whose howse they were fownd, not only to kill all that famely, but allso all the street in which they are fownd. i sent a bar plate, containing _tas_ _mas_, to the china musitions which plaid at capt. whows when we weare at dyner. also i sent the rest of a pece of straw culler baies for a present to a china called lanquin niquan, he coming the other day to vizet me with a present, and is of the place neare unto that we hope to enter for trade. and i paid the china notory for translating the kinges letter x _tais_ iij _mas_. the china capt. went late at night towardes firando, per whome i wrot a letter to mr. nealson and mr. osterwick that i ment to follow within daies. his going was to put money into the junkes afforsaid. _marche ._--ric. hoodson paid georg durons for sope and candelles, viz:-- _ta. m. co._ for cakes sope for tallo candelles _marche ._--i gave the dansing bears _ta._ _m._, and ther servant _mas_. and i paid the shew maker, for peare clampes and peare pumps, _ta._ _m._ ric. hudson paid _tay_ _mas_ for a vyne tree to be carid to firando. _marche ._--niquans junk departed towardes tonkyn this day. i gave jorges doughter _mas_, her father (capt. adams host) sending me a hare. _marche ._--sanquishe dono, the governors brother, sent me a banketing box, meates, fish, and other matters, _nifon cantange_, with bottels wyne, with many complementall wordes. the dansing beares came againe, and i gave them a bar plate of - / _tais_. _marche ._--tozayemon dono deliverd ed. sayer _picull_ _cattis_ _ta._ goco copper, which he laden abord fingo shiquans junck for voyag to cochinchina, at _mas picull_. a china, which was capt. of junck which goeth to cagellon, died on the sudden this day, as they think being blasted. _marche ._--a portugez called garçia machado, a portugez of amacau, came to me at such tyme as a japon was about to sell me a rapier and dagger, which he laid cleame to, as being stolne from hym per a silvere smith with _tais_ of plate he had deliverd hym to plate the sword and dagger. the dagger hilt was plated, but not the rapier. soe he rec. it out of the japons owne handes, and gave me a recept to save me harmlesse, yf in case it were brought in question. there was an extreme storme or tuffon this day, which drove one of the china junckes on shore; and, had it not byn for good helpe, she had byn cast away. wynd vering to n.w. _marche ._--i delivered iij c. _tais_ plate bars to the china capt. to goe in adventure for tacca sanga or isla fermosa, and mr. osterwick paid hym iij c. _tais_ more at firando, in all vj c. _tais_, and goeth for accompt of right honble. and worll. company, our emploiers, to be disbursed for silke. god send a prosperous voiage. i envited capt. adames, yasimon dono, mr. sayer, and robt. hawley, and had the dansing beares, which cost ij _tais_ plate bars, and two _mas_ small plate geven their boy, all paid my selfe. shoyemon dono, the master of dansing beares, came and brought me a present of _barsos_ wyne and loves bread. ghiquans junck went downe to facondo; soe capt. adames, ed. sayer, and robt. [hawley] took ther leave and went abord. _marche ._--i gave dansing bears one bar plate containing _tais_, and _mas_ to _neremonnears_[ ] brought them. this night about son seting the junck of fingo shiquan put to sea, wherein capt. adames went pilot, and ed. sayer and robt. hawley for worll. company, chimpow a china being capten. tachemon our cooke had - / small plate, which he paid to jor. durons to reedeme his son, and the money goeth on his wagis. [ ] the bearers of the sedan chairs or _neremons_. _marche ._--i delivered _tais_ plate bars to andrea dittis, china capt., for our diet since we came to langasaque; but he would have taken nothing, it being in a howse of his slave where we la. also i ment to have geven the good wife a bar plate of _ta._ _m._, and an other bar to servantes of _ta._ _m._ _co._, and a therd to the children, containing _ta._ _m._ _co._; but he would not suffer me to geve nothing to wife nor servantes, but the _ta._ _m._ _co._ to the children. albartus the hollander came to langasaque this day and came to vizet me, and tould me he ment to have sent or _tais_ plate in the junck where capt. adames went, yf she had not departed from hence before he came. so now he menes to send it in the junck of barnardo. _marche ._--i rec. letters from mr. osterwick and mr. nealson, dated in firando, le th currant, sent per a japon, advising of the needfull, namely, how the king of firando had geven a streete of above howses joyning to their howse, to pull it downe and build their howse larger with new warehowses (or gadongs). i wish we had our howse at langasaque, and then let the hollanders domener at firando, for out of dowbt they pay for it. phesemon dono, a kinsman of sugian dono of umbra, came to vizet me, being an inhabitant of langasaque, and had built a howse (second to our lodging), reared but dais past, offering me greate frendship, enviting me to his howse, he having maried a frend of gonrok donos, governor of this place, she being a christian, whoe urged me much to know our principles of religion, and whether we had churches in our cuntrey. unto all which i answered in particular that we had both archbushopps, bushops, and other sortes of church men, but not mas pristes which said service in lattin, but in our owne language, etc. palle the _bozes_ father, called yoshiemon, came and brought me a present, fyshes; and i gave his littell doughter he brought with hyme a peece of two single rialls. _marche ._--i bought a _catabra_ for tango dono, cost in plate bars _tais_. _marche ._--we departed from langasaque towardes firando in the after nowne, and the dansing beares with mr. saris host were in the way in boates with severall bankits; unto whom i gave a bar plate _ta._ _m._ to make mery at retourne. the china capt., albartus, and tozeyamon dono went with us and went to setto this night, lying abord bark. _marche ._--we arived at firando after dyner this day, and tozayemon dono and other merchants of sackay envited them selves to our _fro_. _marche ._--three of the kynges soldiers being in drink (as it is said) fell out, and two of them drue their _cattans_ and kild the therd, and after thought to flie in to the mountans, but were instantly followed by oyen dono and cut in peeces with his owne handes, telling them they were villens and cowards, not worthie the name of soldiers, that, having kild a man, did run away and not kill them selves according to order of japon. _marche ._--i envited the king of firando to dyner for sonday next, with such noble men and others as it pleased hym to bring with hym; which he tooke in good parte, and named these persons, besides hym selfe, to accompany hym, viz. tonomon samma, bongo samma, sangero samma, taccamon dono, shesque dono, gonosque dono, sofo samma, sichsaymon dono, jubio dono, oyen dono, torozemon dono. ther was but one of the soldiers kild outright, but two wownded, the one his arme and shoulder halfe cut offe, and the other all the side of his cheeke and one eye, but both soe sore wounded that nether lyke to escape it. he which did it (and is dead) was brother to shosque dono, whoe lately cut his bellie, as i noted heretofore. the quarrell was about a woman whoe this shosque was in love withall, and, as it should seeme, jolose, did use the other two as afforsaid, leveing them for dead, and then went into the chamber where the woman was, calling her aparte, and cut her throate and put her into a chist, and after came and knockt at dore where the kyng was, having two _cattans_ drawne, as it is thought, to have kild the king in reveng of his brothers death. the king hym selfe openyng the dore, thinking it had byn his brother, tonomon samma, which knockt, but seeing the other armed in that sort, and having his _cattan_ drawne before, hearing the nois was made, did strike shosque a deadly bloe over the bellie, and was seconded with oyen dono with a _langenack_ and one of his pagis with a lance, whoe made an end of hym and cut affe his head. ould synemon dono sent his yong doughter of months ould, with her nurce, and brought me a _barso_ of wyne and egges for a present. and i gave the child a silk coate, and the nurce _mas_ in small plate. _marche ._--the king of firando sent me a doe or veneson for a present, with many complementall words. _marche ._--capt. speck sent me an other bottell spanish wyne, with offer of any other matter in the duch howse, knowing we had envited the kyng. _marche ._--the kinge and rest of noble men _ut supra_ came to dyner and, as they said, were entertayned to theire owne content, and had the dansing beares to fill them wyne, _nifon catange_ (or japon fation), with a blind fidler to singe, ditto. and in respect the king is going up to edo, yt was agreed to geve hym a present of peeces of stuffe, viz. damask, velvet, and grogren, severall cullers, bought of china capt. at _tais_ per peece. _marche ._--sent a bar plate of _ta._ _mas_ to dansing bears; and to skyamon dono and the kinges cook, each of them, _tatta._ fustion, to make them breeches; and to yasimon dono, a _bose_, and to the gilder, each of them, a _barsoe_ of wyne and fyshes; and to an ould cook _mas_; and to other carvers, - / _mas_ per peec., and to the blind fidler. _marche ._--i wrot another letter to jor. durons, to langasaque, and sent hym - / _gantas_ of _jurialin_, cost me _mas_ _condrin_, and wrot hym to send me som gardin seed, espetially carret seed, called in japon _ningin_. i lent the china capt., andrea dittis, fyve silk _keremons_ with silk watta, of them geven me at japon cort. the occation he borrowed them is for that he sendes his doughter to langasaque to be betrothed to goquans son, and geves her _keremons_, with other matters amounting to above _tais_, as china manor is. _aprill ._--skiemon dono took the bar plate that should have gone to _cabokes_ (or dansing beares), being _ta._ _m._, and sent them but _tais_ small plate. soe he kept _tais_ wanting _condrins_ to hym selfe. which coming to my knowledg, i caused restetution. there was _tais_ small plate with _cattis_ gunpolder geven to two chinas for making fireworkes. we bought fagottes of wood, every faggot being / a _tatta_ in the band, and fagg. for a _mas_. _aprill ._--our host of the china howse at langasaque came to vizet me, and brought me a present of a live phaisant cock and loves of bread. the china capt. whow wrot me he understood our junckes were arived at goto, wherin capt. adames and others went; but that is a tale, etc. also here is speeches that shongo samme, themperour of japon, is dead; but this is japon newes, etc. _aprill ._--i rec. a letter from ed. sayer, dated at narra in goto, the th ultimo, how they put in there with the junk the th ditto, and, the grownd being bad, were driven upon the rockes, lost their ruther, and split the sterne post it was hanged at, and were in danger to have lost all; yet, per the pleasure of god, got her affe, recoverd the rother, and mended that which was amis, and put to sea againe the th ultimo. he writes me that another junk of shiquan, a china, bownd for manillas, put into an other roade of gota, and was driven agrownd, yet saved in the end, and hope to goe on their voyage. he also wrot how all the junkes which put out of langasaque of late, with the went out of firando, are all driven ether into goto or xaxma. god send them a good voyage. _aprill ._--jno. japon paid the carpenters and labourers, and for tymber and other matters, for building an old china howse, whose kay we use contynewally to trym and calke our boates, the sum of _ta._ _aprill ._--the china capt. sent me a peece blew tuft taffety, with barrills wyne, for a present at this feast of easter. and i gave the china capt. doughters for a present, whom he sent to vizet me, pec. black wroght satten and pec. blew damask, and lent hym pec. stuffs more. he also sent me a present of a _caw_ box of china, gilt and varnished, being in peces. we envited of our neighbours and the china capt. to dyner. _aprill ._--the king sent oyen dono to entreate me to let hym have one of my golden fyshes of china, i having geven hym and his brother of same sort before, and now much against my will gave hym one other, and sent it per michell, our _jurebasso_, which it seemed he took in good parte. sangero samma sent to borrow our _foyfone_ to accompany the kyng on the way, whoe is thought will departe towardes edo to morrow. so i lent yt hym with ores. news came to towne that the king of umbras brother is dead (whoe is uncle to king of firando). so it is thought it will stay his voyag som dayes. i went and vizeted capt. speck, whoe was sick, and fownd hym looking on the ruens of a hill or mountayne fallne downe against their howse; the reason being the pulling downe of a ston wall made before to keep it up, which being taken downe to buld it better, all the hill slipt downe and fell upon a banketing howse and other buldinges, spoiling them, etc. _aprill ._--cushcron dono, our neighbour, bult and reared his new howse this day; and i sent hym _barsos singe_ and fyshes for a present, as he did to us at our buildinge, and each neighbour doth the lyke according to japon fation (or _nifon catange_). _aprill ._--cushcron dono envited me with mr. nealson and osterwick to a colation, with all rest of neighbours that sent presentes, where there wanted no drinking, japons being well seene in that facultie. _aprill ._--i wrot a letter to king of firando, to have justice against cazanseque and goresano. the cause i did it was for that i sent formerly to hym about same matter, and spoake my selfe lykwais to hym to same effect, and wrot a former letter last yeare to lyke effect, but can get no remedy, only he answerd he would geve order to taccamon dono to doe me right. soe this day i sent mr. osterwick to taccamon dono, to know his pleasure herein. his answer was, the king had not spoaken to hym thereof, and without order from hym he would not meddell therein. which is the occation i have now wrot this letter, and sent it per mr. osterwick, because the king is now ready to take bark to goe for edo, etc. the coppie of this letter i keepe by me, in japon languadg, written on the back side what it is, etc. the king retorned me word he would geve such order as i should have justice; but nothing but wordes have i fownd hitherto. _aprill ._--sugean dono of umbra envited the kyng to dyner this day, and sent to borrow _bubes_, swetmeates, and other matters: a singular uuse they have in japon (_nifon cantange_). also his yonger brother sent to borrow _tais_, for that he was to goe up with the king, and, yf we had no money (as i had non to lend hym), then to trust hym with the vallue in merchandiz. but i lyked not such mens payment, having fownd it per experience, etc. _aprill ._--i sent to capt. speck to have had peeces lynen to make me sherts of, and sent money to pay for it. but he retornd me answer, it was all sould, when i knew to the contrary they had thousands of peeces of that sort taken from chinas lying by them. i had bought before of same sort for _tay_ _mas_ peece, which made me sherts. the kinges brother, tonoman samma, sent to beg or buy an english hat. soe i sent him one which i had of mr. nealson. _aprill ._--a yong man of sakay, walking out at towns end of firando, met with a villen whoe cut his throte and took _tais_ or shillings str. of money which he had in his purce, and soe escaped. yet the man was fownd alive and soe brought into towne, i seeing hym carid by all bloody. he said he had seene the man before which did it, but knew not his name. yt is thought he cannot live. _aprill ._--the partie which had his throte cut yisterday is said to have donne it hym selfe, because he had spent his masters money upon whores, and soe wounded hym selfe (but not deadly) to make the world beleeve theeves had taken it from hym. _aprill ._--there were rymes cast abrode and song up and downe towne against matinga and other english mens women. wherupon matters being brong in question to put them all away, noe proofes could be fownd against them, but a mater donne of spyte by their evell willers, all the neighbours coming to speake in their behalves, affermyng all was lies and that they would take such order that handes should be laid upon such as were heard to sing it hereafter and punishment inflicted upon the offenders. i imagen they were set on by the hollanders, songs haveing byn made against them to lyke effect before, but not against us. _aprill ._--this day most of the inhabitantes of firando, marid men and their wives, went a gossiping to tabola, over to an other iland, many boates being filled with them. geffrey the boy wanting or daies, we thought he had byn lost, yet was fownd at a kinsmans house. soe i sent hym hom, except his parents would geve a writing he should serve the company for terme of yeares. _aprill ._--kytskin dono made me a bill in japons languadge, wherin he gave me jeffrey the boy for to dispose of hym hereafter as i would my selfe, to cary hym into england or otherwais. and taffy dono was wittnes unto it, in presence of jno. _jurebasso_, mr. nealson, and mr. osterwick, and our japon vintner whome we buy our wyne of. _aprill ._--jeffrey, the boy geven me the othe day, broke up a chist of co jnos. and took out some thinges, and upon his examenation hath confest he had stolne dyvers thinges before. soe i determen to retorne hym to them which gave hym to me. _aprill ._--i sent both jeffrey and the writing back to kitskin dono, whoe gave hym me. mr. nealson tould me this day that mr. osterwick reported to hym that he thought i kept _tais_ in my handes of the companies, to make my private benefite thereof. which being brought in question, he said he thought the china capt. owed me _taies_ more then i had put to acco. to which i replied, it had byn better he had told me therof then to speake such matters to others; but that, to burthen me with keeping money of the companies i took in ill part, and for the china capt. i esteemed hym such a man as would deale well with me and hym both. _aprill ._--i brought the matter in question this day with the china capt. tuching the _taies_ that jno. osterwick spoke of, noted by me yisterday, and som wordes were about a parcell of money delivered, namely of _taies_, at one tyme, which in the end the china capt. said he thought niquan his kinsman had receved. i stand in dowbt of _taies_ more, noted downe in my booke the th december, , but blotted out by my selfe this day to bring the rest to rightes. god grant jno. osterwick deceave me not. capt. speck sent a man with peece china lynen, with complementall wordes that they had non to sell, but sent them of his owne provition he kept to make hym shertes. i retorned hym thankes per hym which brought them, and bad hym tell capt. speck i would send hym money for them, which i did sowne after. but he retorned the money and sent me word he gave them as a present, wishing they were better. the china capt. tould me, betwixt hym and me, that jno. osterwick reported (or tould to hym) this day that he was out of purce _taies_, he knew not how, which he had paid out, he knew not how, not having written it downe. _aprill ._--i rec. a letter from capt. adames per way of langasaque, dated in goto, le th of marche last, in the rode (or haven) of narra, in which he wrot me of the extremety they passed in loosing of their rudder. _aprill ._--the china capt. went to langasaque with his doughter to vizet his brother whow, she never having byn there before, as also to contract a marriadge betwixt her and the sonne of an other rich china called goquan. yt is now reported that the _tono_ (or kinge) of firando will not goe to edo this yeare. soe he hath geven leave to his hostes son of osakay to goe his way, whoe a long tyme hath staid to goe along with hym. _aprill ._--there was a silver spoone lost at supper, and non in the howse but our owne folkes. so som of them went to a wisszard to know whoe had taken it. he wished them to look presently out for it, and they should come to knowledg whoe had it, but, yf they let midnight passe, it would never be knowne. wherupon they made a privie serche, and went about to heate a ston red hott, and take it in their hands, it being dailie proved that those which are giltlesse goe free and the giltie burne. whereupon bycho (the boy i gave mr. osterwick) willed them to desist, and he would tell them where the spoone was, but carid them to divers places, they not finding it; and in the end tould them he had cast it into the sea, willing them to let it alone and say nothing, and he would bring it back or pay for it, etc. _aprill ._--i brought bicho to disepline (or whiping cheare). soe at first he stoutly denied what he of hym selfe had formerly confessed; but in the end he yilded, and said he had stolne it at supper tyme, and delivered it to the servant of a japon. soe i sent to that mans howse, but his servant was working at hollandes howse, he sending for hym and bicho acknowledging he had receved it from his handes, we being at supper, he being without, looking on a munkie or ape. but that fello denid it, and his master used many thretning words, that he would kill bicho for sclandring of his servant. yet the boy still stood to his word that the said fello had it. whereupon i sent mr. osterwick, with our _jurebasso_, to taccamon dono, to seek justis against that fello; but he was gon to the kinges howse before they came. _aprill ._--i sent mr. osterwick to taccamon dono, cheefe justice, to demand restetution of the silver spoone of the recever, although he denid the recept thereof, otherwais to proceed against hym by order of justice. he retorned answer, he would do me justice. _may ._--gonosco dono envited us to dyner to morrow. mr. nealson and mr. osterwick went to tabola with their women to make merry; but nealson entred into humours at his retorne, being in potum. _may ._--i canot forget to note how mr. nealson roze this night, three howers before day, and called me up to drink, etc., and fell into termes with me because the neighbours went not out to meet hym with a banket, laying the falt in me; and, not contented with that, caused the porter to open the dore to let hym out, as though he went to walk (as ordenarely he seemeth to doe). but i, wondering he went out soe tymely, roze up to have geven hym councell to take heed how he went out at such an hower, but fownd he was gon over the way to mr. osterwickes lodging, to tell hym (in my hearing) that i used them as slaves and not as merchantes, with stamping and swearing upon it, and that it was not to be sufferd. i have much adoe with this man in his drunken humours, he seeking (when he is most soberest) to set me at odds with all men. god defend my just cause. we were well entertayned at gonosco donos at dyner, and had much talk about the hollanders and english, being by hym urged thereunto, and, as i think, set on by the king or _tono_ of firando. but, as it should seeme, they esteemed much more of our nation then of the hollanders, esteeming them as theeves and we true men. _may ._--there is some murmering speeches geven out that these sotherne _tonos_ (or kinges) draw back whoe should set forward first to goe up to themperour, and he of umbra sent this of firando word that he might exskews the matter in respect of his infermity (or sicknesse), and the rather because no other is about to goe as yet, except it were frushma tay, whose cuntrey is neare cyaw (or miaco). this frushma tay is as greate a man as he of xaxma, and of more revenews, and loved and esteemed at miaco more then any other prince in japon; and he only is gon to miaco, and no ferther; and what will ensue is uncerten. yet out of dowbt, yf miaco, that is to say cyaw, osakay, and sackay waver from themperour, and that xaxma, frushma tay, and the rest of sotherne lordes take part against hym, he will hardly preveale. for out of dowbt all the northerne lordes are not sure, no not his owne nephewes, etc. _may ._--a brute was geven out the _tono_ (or king) of this place firando would set forward towardes themperours court, and all the boates ready to accompany hym. but it proved but a falce allarom, as divers other tymes hath byn the lyke; only to make a shew he is a going, for out of dowbt themperour is not without spies in this and all other places. _may ._--i sent our _jurebasso_ to taccamon dono, and bicho the boy with hym to certefye that he delivered the spoone to that other felloe; but still taccamon dono puts me affe with the kinges going out, yet that in the end he will doe me justice. before nowne the king of firando went out on his voyage towardes miaco, or to themperours court. the hollanders shot affe peeces ordinance at their howse, as the boates passed by; but one recoyled and strouck up earth and stoanes, and hurt a hollander very sore which gave fire. there were many barkes went out to accompany hym out of the harbor, and amongst the rest both us and the hollanders. i carid hym pottell glasse bottelles of very good strong annis water, stilled by my selfe heare, and the hollanders carid a stick or peece of _ginco callamback_ (or lignum allois) which i think could not be a _li_. he seemed to be merry, and drunk to us both, with many others. _may ._--taccamon dono and rest of nobles retorned from accompanying the king onward on his journey to miaco; and soe i sent our _jurebasso_ againe to hym, to procead in justice about the stolne silver spoone. he retorned answer that he was content i should proceade to my owne content (or as i would), only their triall was by fire, so that, yf he i burthened proved to have it, it was to my honor, otherwais, yf i accused hym wrongfully, the contrary. soe he wished me to be well advised before i proceaded therein. _may ._--the china capt. retorned from langasaque and brought word how the junck wherin capt. adams went is retorned back to langasaque (as all the rest which went out are the lyke), and that our junck _sea adventure_ is at liqueas and lost her voyag for syam. also that the juncke of billang ruis (which should have gon for phillipinas and went out a month before capt. adames) hath also lost her voyag and retorned back, haveing in stormes (or tuffons) cast most part of her lading overboard, to lighten her. i rec. letters from langasaque, viz. from gota shoyamon dono, the mint man, and from shoyemon dono, master _caboques_. _may ._--this mornyng calme raynie wether, but after, a stiff gale, northerly, all fore nowne, but after vered southerly. much rayne all day and like per night following, with lightnyng and thunder; and in the evenyng, towardes night, was a mighty cracking or rustlyng in the aire or fermament, as though it had byn the flying of a thunderboult, and yet no lightning nor thonder at that tyme. i took notis of it as a fearfull thing, and many spoake of it afterwardes. _may ._--the china capt. sent me china golden fyshes, and his doughter a peec. silk borall, or taffety mad borall fation. _may ._--capt. adames, with ed. sayer and robt. hawley, arived this day from langasaque, the junck having lost her voyag for cochinchina. so ed. sayer brought back the goodes and monies sent in that voyag. _may ._--i rec. the letter ed. sayer wrot me from langasaque, dated the th present, with coppis letters in it, one written from liqueas to me, and other to mr. eaton, whoe is in an other iland of same liqueas, and hath lost his voyag or monson, yet, as it seemed, ment to stay theare till begining next monson and then procead on her voyag. but he advized mr. eaton his opinion to lade her with wheate and retorne to japon, which course i formerly advised hym to take yf he lost his monson. god grant he take it. _may ._--this day the king firandos bark retorned from miaco, which carid up his horse, and they report that the emperour hath sent downe order to miaco that all the _tonos_ of japon shall stay theare, and not goe forward to edo. soe it is thought the emperour is dead, or else he standeth in fear that the northerne _tonos_, or kinges, meane to joyne with them of the south and rize against hym. once it is thought somthing will happen. _may ._--mr. nealson went to the bath at ishew to recover his health, being much out of temper. comissioners, or rather survears, came to firando this day, sent with order from themperour to survay all the cuntrey at their pleasure. what is their entent is not well knowne, yt not having byn donne in these partes heretofore. _may ._--this day was the feast of the resorection of the greate profet of japon, or rather a god, as they take hym, for som hould no other god but he. they deck all the forefront or eves of their howses betymes in the mornyng with greene bowes, in remembrance of his resurrection.[ ] we sent _tay_ small plate, with a barell of wyne and a bondell sea weed, to the _boz_, our landlord, for a years rent of a garden hired at present of hym. [ ] marginal note: "feast of shacka". _may ._--the gunfownders did borow all our copper, to deliver as much same sort within months, and left on fardell for a sample. _may ._--we set men to bale out water and make cleane our small junck, to bring her agrownd and calfret or mend her, to serve to carin our shiping, as the hollanders doe the lyke with an ould junck of theires. the china capt. being sick of the headache extremly, i gave hym a glas bottell roze vinegar i brought with me out of england. _may ._--cushcron dono, our neighbour, haveing made his new howse, envited his kindred and other neighbours japons to heate his howse (as they terme it), where they drunk themselves drunk for company, with howling and singing after a strang manner, yet ordenary in japon. i paid vii- / _mas_ small plate to matinga for covering or shingling the howse. i receved a letter from mr. nealson from bath at ishew, dated daies past, wherin he writes to have robt. hawley, the chirurgion, to com to hym to let hym blood and purg hym. _may ._--news is now com to towne that themperour will retire hym selfe into the ould howse his father kept at edo, and that his sonn (a littell boy of or yeares ould) shall remeane in the cheefe fortresse with the councell to adminester justice. which reportes doe conferme men in opinion that themperour is dead. _june ._--we had this day ship carpenters and laborers about tyying our littell juncke to serve to caryn shiping. mr. osterwick is falne sick on a sudden with much paine in head and boanes. _june ._--this day was carpenters, cawkers, and laborers about junck; and laborers wrought all night to have stuffe in the mornyng for carpenters. _june ._--this day carpenters, cowkers, and laborers for junck. capt. speck came to english howse to vizet me, and is much affeard of the junck which went owt this yeare, in respect the others are retornd and lost their voyage. he tould me he howrly expected shiping from the molucos. _june ._--i rec. a letter from jor. durons, dated in langasaque, le th of this month, new stile, wherin he wrot me how feze dono had accused twan dono for murthering or japons without law or justice, and amongst rest a famely, because the parents would not consent to let hym have their doughter, and the maid her selfe passed the same way. but the councell tould feze dono they would have hym to take in hand matters of leeveing and not dead people. soe then he apeached twan and his children as christians and maintayners of jesuistes and fryres whoe were enemies to the state, and hath cauced or to be taken. so that it is thought greate persecution will ensue at langasaque. _june ._--robt. hawley went to ishew to mr. nealson to geve hym phisick and let hym blood, as he required. and i wrot mr. nealson a letter, and sent hym a barell of skarbeare and loves bread and a barell japon wyne for their provition. we had news towardes night that there was shipps without, and in the end said to be hollanders. soe capt. speck sent out a boate to see. _june ._--early in the mornyng the domene (or prist) of the holland shipp _son_ came to vizet me, and tould me how our ship _adviz_ departed from them the second day after they went from hence, or rather they sayled from her, and since they know not what is becom of her. the domene tould me they sent the small ship _gallias_ to cochinchina, where they had not staid daies but there entred china junckes, all which they took and brought them away; and that it is not a month past that this shipp took china junckes more. soe i sent ed. sayer to capt. speck to use complement of their ships safe retorne; and he exskewsed hym selfe he had not sent me word thereof before. he tould ed. sayer how they had not medled with any junck which was bound for cochinchina, only they had taken junckes which were bound for the manillas; and were on the cost of phillippinas, where they burned a spanish ship, all the people being gon ashore. also they say the _gallias_ was in the rode of amacau, where they rode at an ancor serten daies, and the chinas came abord of them with provition and silk stocking and other matters, using them kyndly. i went out to meete the holland shipp _sonn_ at cochy, and carid capt. barkhowt _barso_ wyne, of skarbeare, a hogg, and hense; but he was on the way, and entred the same tide into the harbor of firando without casting ancor. he used much speeches to me of his proceadinges, and that he had taken chinas twise, i meane them which the _gallias_ had taken before, and after tould me they were of them they had taken at manillas the yeare past. once it is certen they have taken junckes which were bound from china to cochinchina, and yet deny it, saying now it is vj wickes since they saw the _gallias_, and that they had put , _tais_ plate into her to goe to cochinchina to trade, and what they have donne since they know not. so yt is easie to be seene by the wordes the domene tould me all is falce. mr. nealson and robt. hawley retornd from ishew. _june ._--yt is serten that the hollanders have taken more riches this yeare from the chinas then they did the last, and each marrener hath his cabben full of silk stuffes and musk. _june ._--towardes night the duch shipp _gallias_ arived at the rode of cochy in firando. but, as they say, it is allmost a month past that they left company of junckes they brought in company with them, per meanes of stormy wether, they haveng put or hollanders into each of them, which they now think the chinas have cut throtes of and carid the junckes away. they report the wether was soe extreme when they took those junckes (and others) that they could not discharg the goodes out of them, because the sea went soe hie, only brought them along with them, expecting calme wether, but lost them, as afforsaid. they say that, having taken most parte of goodes out of junck, and seeing her reddy to sink, they put chinas in to her, and bad them shift for them selves, etc. capt. adames did also retorne this day per land because the sea went hie. all these people begin to murmor against the hollanders for taking all junckes they meete, whether they trade into japon or no, and doe all under the name of english. soe god knoweth what will com of it. a quarter master of duch ship _son_ gave me muskcods. _june ._--the hollanders were in councell to have sent back the ship _gallias_ to have looked out for the juncks which they put their men into. yet in the end they were of an other mynd, in respect it is above xx daies they lost sight of them, etc. _june ._--the _gallyasse_ came into the harbor at firando, and i sent out our _foyfone_ to helpe to tow her in. cornelius scott, pilot of the _son_, gave me a littell gold ring with a garnett ston set in it. _june ._--many chinas and japons came from langasaque to firando with r. of , to buy stuffes of duch marreners, and wanted not store of falce r. of . jno. yossen bought good store of stuffes of them for reddy money at deare rates, as their damasks, grograns, and sattens ordenaris, at _tas_ peec. _june ._--i gave mr. nelsons woman the out side of a _keremon_, silk, for that shee made me halfe a dozen shertes and would take no payment. the capt. of the _gallyasse_ sent me a _barrico_ of spanish wyne for a present, and, after, capt. barkhout, accompanied with hym, came to thenglish howse, where i entertayned them in the best sort i could. _june ._--this day capt. speck sett at liberty or chinas of the princepall in the junck, and gave each of them a bar of plate. they went and lodged at howse of andrea dittis, china capt. yt was held base to geve them no more, being such men as they were, and is thought that the emperour will bring matters in question, because these ij shipps went out of purpose to rob and for nothing else, making by this meanes his cuntrey a receptacle of theeves, to his great dishonor and their owne inriching. yt is thought both spaniardes, portingales, and chinas will goe to cort, and cry out with open mouth against them tuching that matter, and the rather because themperour will not suffer his owne vassalles of japon to doe the lyke. _june ._--they decked all the eves of their howses this mornyng with flagges and mugwort, in honer of the great feast which is held to morrow, being the th day of the th month. all the chinas which are sett at liberty out of the junck came this day to thenglish howse to vizet me, and said they fownd per experience the english nation were honorable people, and soe would report when they retorned into their cuntrey, and made no dowbt but we should have entrance for trade. they complained much of the hard usage of the hollanders. _june ._--i went and vizeted the hollanders at their howse, whoe used me very frendly, and shewed me all their new workes, which truly is greate, in enlarging the mantion howse with a new hall, divers fayre chambers for merchants, two new gedonges (or warehouses), with a gatehowse and duffcote, a strong howse made of lyme and ston to put gunpowder in, many lodgings for sick folkes and for other uses, beside ston work for walles and wharfe, etc. _june ._--i receaved a letter from tozayemon dono, our host of sackay, wherin he wrot that silck is risen to _taies pico_, per meanes that the junckes have lost their voyages this yeare. _june ._--we sent a present to an ambassador of xaxma that is now com to towne, viz. _tatta_ fustion to make hym a vest, and tablebooks. _june ._--jorge durons writes me the amacan shipp is safely arived at home, as they are advized per a junck of camboja which went thither. the ambassador of xaxma came to thenglish howse and brought me a present of a barell wyne and vj fyshes, offring to send me a letter for liqueas, or any other matter i would demand. a mad gentellman (as it is said), having byn pocessed with the devill more then a yeare past, was this day at a banket with his father, brother, wife, and kyndred, they perswading hym to be better advized and leave affe such cources. but on a sudden, before it could be prevented, he start up and drue out a _cattan_ and cut affe his brothers head, wounded his father, allmost cutting affe his arme, and cut his wife behind her sholder on her back, that her entrills appeared, wounded divers others, and slue out right his steward (or cheefe man). and yet it is thought nothing will be said to hym, they which he hath kild being his kindred and servantes, he being a gentelman. also news came to towne that theevs are on the way betwixt this and langasaque, or vessells, to robb such as com to buy merchandiz of the hollanders; and took on boate, killing men and women; which others escaping made knowne to the justice of firando, whoe sett out or vessells, armed with munition and solders, to seek them out; and the hollanders armed out a bark with small ordinance, to accompany them in the action. the china capt. had letters this day per way of xaxma out of a junk arived theare (which should have com for langasaque, and forced per them of xaxma to stay theare), that the letters i sent are receved by the noble men in china in good parte, and a mandarin, or _loytea_,[ ] apointed to com for japon, to speake with the chinas and me about the matter, and withall to goe to themperour of japon about the receving the hollanders into his domynions which robb the chinas. yt is above months past that he was apointed, and now howrly expected. [ ] chinese: _lao-ye_, a title of respect. _june ._--i wrot letters to mr. eaton, willing hym, at sight of any of them, to retorne for firando with the junck laden with wheate, and not to procead forward from thence for syam in begining of wynter, it being dangerouse. these letters i sent per ambassador of xaxma, whoe departed from hence this mornyng. this gentellman had iij _tattamis_ yello broad cloth, xi _taies tattam._, and icadono, the gentelman remayning heare, gave his bill for payment thereof at demand. i am enformed that chinas and japons have byn at miaco before ingo dono, lord cheefe justice of japon, to complaine of the theevery of the hollanders; and he asked them whether the english did not the lyke, which they said no. "well," said he, "the emperour will take order for these matters shortly." _june ._--there came news that shiping was entred into the rode of cochy and shott affe ordinance; and albaro munos sent his man to me to tell me he heard or greate peeces shott affe. i know not wherefore these people doe this but to mock at us, because we have no shipping com in as hollanders have, and urge us to send out boates and men to look for nifells,[ ] that they might laugh at us the better afterwardes. truly, i think it is not without instigation of hollanders, who, although they speake us faire, love us not. yet i dowbt not before it be long to see them fall into the trap they provide for others. [ ] trifles. _june ._--the barkes that went out to look for the theevs retorned without fynding any thing. out of dowbt, they were advized from hence of what was pretended against them, and soe prevented the danger. for here is such a company of pedlers which goe up and downe the streete crying wares, that the lyke i have not seene till now, and after such a redickalus manner that it is to be noted. and amongst the rest, one counterfetted the blind-man, and was fownd out, and then fell a laughing, and was let goe without saying any thing to hym. i saw this my selfe. _june ._--there is flying news that they of goto have taken ij boates of the theevs; but i think it will prove a lie. _june ._--i wrot ij letters, j to capt. whow in answer of his rec., with _barsos quash_,[ ] or sweetmeates, as also of differance in acco. betwixt andrea dittis and me (as he saith), by reason niquan his kinsman rec. money in his name and made him not accoynted therwithall. [ ] kuwashi. _june ._--the hollanders sett all the rest of the chinas att libertie, and gave them their aparell and other luggadge. it is thought som frend put them in mynd to doe it, understanding complaint was made to themperour of their proceadinges, and that they did more then the japons them selves durst doe, not only to take the chinas goodes, but to keepe their bodies captives, making japon the store howse or receptacle for their theeverie, much to the dishonor of themperour to suffer it. it is to be thought it are papistecall christians which doe it, for they put themperour and councell in mynd that it was to be considered that these hollanders, fyew years past, were naturall vassals to the king of spaine, and by open rebellion cast hym affe. soe that, yf themperour gave entrance to them, it would geve discontent to the king of spaine, whoe was helde to be the powerfullest prince in christendom; and besides, it might breed som alteration in the hartes of his owne vassales to doe as the hollanders had donne with the spaniardes, and it may be by provocation of the hollanders to make others as they them selves are, to the overthrow of the state of japon. this was i secretly enformed of per a china, thinking i was an enemy to the hollanders. but my opinion is, yf the hollanders be driven out of japon, thenglish must not stay behind; for the spaniardes and portingales geve it out that thenglish were they which gave them meanes to stand out against their naturall prince, and held their cheefest fortresses in their power, and was to be thought (as som have tould me) that they and we were all on in effect, allthough different in our proceadinges. _june ._--towardes night news came that the junck of yasimon dono of langasaque (which went for syam) is safely retorned to langasaque, and hath brought word that the hollandes junck and an other of langasaque came out with hym, and were at sea altogether, and cannot want to be on this cost. and within night capt. adams sent me word that the small junck of jno. yoosen which went from cochinchina for camboja the last yeare is now arived in a harbor neare languay in crates. _june ._--late towardes night the hollandes junck from syam arived in the roade of cochy, a league from the towne of firando; and jno. yossens at tasquey, a league or ij on thother side firando. _june ._--about nowne the junck of jno. yoosen entred, which came from camboia. they report that one of thenglishmen of the ij is theare, namely, mr. savidge (as they think), fell into a madd humour and ment to have kild hym selfe with a pistoll charged with ij bullettes, and shot hym selfe, but after was cured.[ ] the other englishman is called facie. these men say that we have somthing com in the other junck of yosen, but they know not what it is, nether have those englishmen wrot i word by this junck. they say also that thenglish have built a junck, and sent her for pattania with such merchandiz as they had bought in camboja, and that the king of the cuntrey is a greate frend to thenglish, but a mortall enemy to the portingalles and spaniardes. and i sent mr. sayer abord the junck of jno. yosen with a barill wyne and hense, to bid the master welcome and know whether we had any letters com in them. and jubio dono, servant to king of crates, came to vizet me and brought a barrill _morofack_; and an other gentelman of that place came in company with hym, and he envited me and the rest of thenglish to dynner ij daies hence. and within night capt. speck sent me a packet of letters which came in their junck from syam. wherin one richard pittes writes of the death of jno. johnson that was in place before hym, and sent an other letter which he receved from mr. adam denton, dated in meslapotama, the th august, , wherin he writes mr. gurney died betwixt bantam and that place, coming to have byn agent for the cost; and that generall josephe met with a portingale carick bound from portingall to goa, and fought with them ij daies about the iland of comora, beating her mastes overboard; soe in the end they fired her them selves, and, as it seemed, escaped ashore at camora, bengamyn josephe hym selfe having byn slayne at first with a peece of ordinance, and capt. pepwell suckceaded in his place. also he adviseth that the king of callecut detayneth all in his handes that capt. keeling left theare, so that the _unicorne_ going thether carid away all our men. and that from suratt we have setled a new factory in the kingdom of pertia, not far from ormus, to the greate hartbreach of the portingales of that place. mr. pitt hath sent in the hollandes junck from syam, viz.:-- _cat. tale. m._ silck - / _cattis_, cost _callemback_, - / _cattis_, severall sortes; iij fardelles _lifas_, or fish skins, cost with charges of all, cost [ ] a marginal addition runs as follows: "the pilot of yosens shipp told me it was an untruth that mr. savidg would have kild hym selfe, but rather, going a burding his peece would not goe afe at first, but, turnyng the mouth towardes hym, it went afe, etc." _june ._--i receved a letter from miaco from gonrok dono, to keepe all the lead and gunpoulder we have for themperour when our shiping cometh, and the lyk he wrot to the hollanders. the hollandes junck entred into port of firando, and i sent out our _foyfone_ to helpe to toe them in. the junck wantes parte of her lading; soe, yf ours had gon, yt is thought she had had but a bad voyag. i wish mr. eaton had followed my comition and laden her with wheate, having lost their monson, and so might he have made (it may be) a saveing, if not a better voyag, for the worll. company. _july ._--we went to dyner to jubio dono of crates, viz. capt. adams, ed. sayer, mr. nelson, mr. osterwick, and my selfe, where we were kindly used; and i sent hym before a quart of anise water of my owne with boxes of suger cakes, of them capt. whow sent me. a hollander, a quarter master, gave me a peece black taffetie and vij musk cods for a present. he tould me that mr. nealson had geven hym a crosse staffe gratis, whether he would or no, he offering to have geven hym either money or stuffes for it, but he would not take any thing, but bad hym take it away with hym. but the duch man desired hym to let it ly in his chamber untill he had made a new chist to keepe both it and other matters in. but in the mean tyme mr. nealson sould it unto an other hollander, wherat this man took exceptions, having geven it hym before. of the which i tould mr. nealson aparte, in frendly sort; but he took pepper in the nose, calling the holland ill names, and misusing hym in vild termes, although ric. king, our butler, were _jurebasso_ betwixt them when he gave hym the staffe, he geving hym as bad wordes as the rest only because he said it was marvell the hollander would speake of such a matter, yf he had not geven it hym. in fine he called the hollander, dogg, and thenglish as bad, in my hearing, telling me to my face i sett them all one to misuse hym, espetially ed. sayer, my viz-regent, when god is my judg i have byn taxed with all thenglish in the cuntrey for suffering mr. nealson to abuze all men as he daylie doth. thus much i thought good to note downe, whether i live or dye, that truth may be knowne. i gave hym back his dager this day, he telling me that cornelius the duchman offred hym _pezos_, or r. , for it and his rapier; but he had not had it an hower by his syde but he fell into this frenzy, madd, or at best drunken, humour, and in my hearing rapt out an othe, by the blood of god, that let thenglish stand cleare of hym, for, yf they used hym in such sort, he would speed som of them. _july ._--i receved a letter from alvaro munos, dated in langasaque, th july, new stile, wherin he writes that news is com from new spaine that don juan de fashardo, sonne to don lues de fachardo, is ordayned governor of the manillias, with soldiers and mareners, in gallions and galles coming from new spaine. also, that the fleet in manillas, which fought with the spaniardes the last yeare, is all cast away per stormy wether, many mores, chinas, and spaniard being drowned in it; and that their is new gallions built theare in place thereof. for the gallions, i esteem it a lie, that on such a sudden they canot be made. also, that the frenche have sett out gallions, or men of warr, to aide the spaniardes in their affares. and that the king of spaine had ordayned a fleete of gallions to have com by cape bona speranza, to have joyned with them at manillas, to have gon for the molucas; but had staid them to make warrs against the duke of savoy. miguell, the _jurebasso_, reared his howse this day, and i sent hym ij _taies_ in small plate, and a barill wyne, the plate on my owne acco. also mr. nealson, sayer, and osterwick sent each of them a _tay_, all for capt. adams sake, whose servant he was in tyme past. so, matias, the hollander capt. of junk which came from syam, came to vizet me this day. he tells me that mr. pittes the englishman envited one james peterson, thenglish umper, to a banket at syam, and after, upon what occation he knew not, fell out with hym, and went with iij japons to bynd hym and take hym prisoner. but peterson laid soe about hym that he kild ij of the japons, and made pittes and the other to run away. this peterson is in greate favour with the king of syam, and therefor i marvell mr. pittes would take this cours; but mr. mattias saieth it was doone in drink. _july ._--we had news that jno. yoosens other junck which came from camboja is entred into langasaque, in which i esteem we have letters and somthing else; but no letter came in the other. our nation is over slo in writing; the labour is not greate. _july ._--news came from langasaque that a frigatt or ij are entred theare which came from amacau, and that or more are a coming after, and that they bring store of silk and peeces of silk, for that the carik will com no more. they report that these frigattes (or galliasses) met with a hollander or english shipp at sea, and sunck her; but out of douwbt that is a lyie, only they may have wronged our junck _sea adventure_; but if it com to knowledg they may pay deare for it, she going under themperours _goshon_, and with japon marreners. _july ._--i wrot to antony biscaino, pilot of jno. joosens junk which is com from camboia, to will hym to send me my letters the english have wrot, as i understand they have. we opened the ij chistes which came from syam with _callamback_ and silk, and waid it out. news came from a japon of langasaque to capt. speck that of a certen or frigattes of portugezes of amacau did meete with a small hollandes shipp at sea, and after fight a long tyme the holland shipp was sunk with ij or of the friggotes, and the rest soe ill handled that non proceaded forward but , which is this lately arived at langasaque, the capt. or cheefe wherof was lykwais slaine and many others hurt. capt. speck sent me word hereof, esteeming it rather our shipp _adviz_ then a hollander; but i hope it will prove contrary. _july ._--i sent a letter to alvaro munos desiring hym to writ me the truth of the newes of the sinking of a duch or english shipp per the friggattes. there came news this day that the shipp which the portingales took was a hollander, and that they sunk her, and have brought prisoners to langasaque. and after came a japon whoe said he was in the portingall frigattes when they laid her aboard, being iiij in all, ij on thone syd, and ij on thother, but that in the end the hollanders, seeing they could keepe their shipp no longer, set their powder on fire, and blew the ship in peeces, fyring on of the sayles of one penisse, wherin above xx men were lost in going about to quench the fire. this fello sayeth he was abord when the ship was fired, and called to them in the japon tong that, yf any japons were in her, they should come out and save them selves, and that one japon was saved only out of her, and no hollander. but i doe not beleeve that this fello could escape so free, yf he had byn abord when she was fired, nether that a japon could be saved out of her but som hollanders would have donne the lyke. in fine, there is so many talles that a man knoweth not which to beleeve. the umpras father came to vizet me, and brought me a _barso_ of wyne and a cuttell fish. _july ._--the china capt. with other chinas went this day to langasaque to look out for retorne of ther junckes from taccasanga and other partes; for as yet non are com; which puteth them in feare the hollanders have mett with them. god keepe them out of their walke. here news came this day that the hollandes shipp which fought with the portingale frigottes is at tushma, with many hurt men in her. others say it is the portingall frigot which is wanting, being one of the iiij which boarded her and was fired. once here is soe many tales that a man knoweth not which to beleeve. _july ._--bongo samma came to thenglish howse to vizet me, and said he was glad it was a hollander and not an english shipp which was spoild by the portingales. he said they were ij holland shipps, and that the bigger ran away and left the lesser to be spoiled; but that i esteem a fable. _july ._--i rec. iij japon letters this day, i from capt. adams wife, from edo, an other from croby dono, capt. adams host at osakay, and the therd from tozayemon dono, our host at sackay, all complemental, tozayemon dono advising that silk was risen to _tais pico_ at miaco. and this day came a bark from tushma, and passed by to goe to langasaque to adviz the governor of the arivall of a portingall frigat was there arived with many wounded and hurt men in her, for that they desired barkes to toe them from thence to langasaque. this is on of them which fought with the hollanders. the other are allready arived at langasaque. _july ._--ther came a company of players (or _caboques_) with apes and babons sent from the _tono_ (or king) to play at our house, unto whome was geven iij _taies_ in small plate. they were also at the hollandes howse in same sort, and had ij barrs plate, is _tais_ vj _mas_. _july ._--i receved a letter from andrea dittis, china capt., from langasaque, of a junck arived from tacca sanga with som hides and sappon wood, but no silk at all, non coming thether this year from china. and i rec. an other letter from alvaro munos from langasaque, wherin he writes ther was but iiij portingals slayne in synking the holland shipp, wherin were xxx hollanders and japons, all being dead but one japon which escaped, who telleth the news, and that she came from bantam laden with cloth and som rialles of , with cheese and other matters; and that the junckes which the hollanders put their men into at sea are retorned to canton with all the goodes, having kild all the hollanders. _july ._--harnando ximenes came this mornyng to firando in a small bark or friggot which came from macasar and thought to have gon for the phillipinas, but was cast on the cost of corea, and all the men dead but before they could get [to] tushma; and is shee nomenated before, which we thought had byn on of them which fought with the hollander which is sunck. he bringeth word that capt. copendall is dead, and that the hollanders misuse our english men in vild sort and take them presoners in all places where they can lay handes on them. he is not now servant of the company, as he saith, and complayneth much of mr. lucas antonison, of his going away, and that by his meanes he was trayned abord, and shipped away for macosar, and his chist, aparell, and other matters detayned from hym. so from thence he got hither. he also sayeth that marten prin cometh generall of a fleet of good shipps this yeare for surat and soe for bantam. also he saith (to my greefe) that my nephew jno. cocks is dead at bantam, and that he did not hear of the _advices_ arivall at bantam, although it were late before he departed from thence. this spanish vessell arived at tushma is a shipp of som or tonns, and, as i understand, was sent from manillas the last yeare laden with victuelles, to have gon for the molucas, but never went thether at all, but rather for macasar, geving it out that they were at molucos and had in chase by ij holland shipps, and forced to save them selves at macasar. but being theare, they took councell together, and agreed to provid them selves of the needfull and to retorne for the cost of manilla, there to attend the coming out of the china junck with their money, and soe to stripp them of it, thinking they might easely doe it, and all passe under the name of hollanders. but now, all their people being dead, they are driven to this extremetye and send this scots man, called john portis, to the spaniardes at nangasaque, to excuse the matter that they were driven into these partes by meanes of fowle wether, not having any merchandiz in the shipp, and therefore needlesse to com to nangasaque, and to this effect carry a _bongew_ of the king of tushma with them to certefie as much, thinking (as is should seeme) to provide them selves of men at tushma and to goe out againe upon their former pretence of boothaling. this much harnando ximenes, being drunk, did discloze. _july ._--this night past a howse was set on fire, but by good helpe sowne quenched; yet many barkes of other places being in the harbour, the men went ashore, knocking at other mens dores, calling for buckettes, and the dores being opened they rushed in and carid away all they could lay handes on, and undid divers pore men. but whether serch will be made after them, it is not knowne, this justice, taccamon dono, being a simple felloe. _july ._--jor. durons writes me that yt is a holland shipp that the portingall frigottes burned. also that the conde redondo is com for viz roy of goa (or india), and that all in generall have complained against don jeronimo de silva for his covetousnesse, desyring to have hym sent away and an other sent to phillippinas in his place. he writes also how the king of spaine maketh sharp warrs against the duke of savoy, and that the venetians and the turk take the savoyans part. allso that prince charles of england hath maried or is made sure to the king of spaines doughter. _july ._--yasemon dono, capt. adames host, came out of xaxma, and hath bought store of planke and tymber secretly underhand for the hollanders; otherwaies the king of xaxma would not let them have any, being noe frend to the hollanders. yt is said the hollanders meane to make a galley of parte of this tymber to set out against the portingale frigotes. _july ._--i rec. a letter from jor. durons, wherin he writes me that it is of a certen that the shipp the portingalles sunck is a hollander and no englishman, and that they have saved many letters of the hollanders, which it should goe hard but he would get som of them and send to me to put me out of dowbt of the matter. also he writes that ther was above _pezos_ or r. of sunck in her, which were sent to buy tymber in xaxma, to make or vj gallis or friggates to set out against the portingalles and spaniardes, espetially them which com from amacou. the other ij letters were from capt. andrea dittis and capt. whow, his brother, that the junckes which went to taccasanga, wherin the worll. company had _tais_ adventure, are all retorned to langasaque without silk, non being permitted to com out of china, and that they had sent much money into china to buy silk (from taccasanga), but had noe newes what was becom of men nor money. i forgot to note downe how georg durons advized me that the cheefe hollander in the indies is sunk in the shipp that was coming from bantam by the portingales, and that the holland shipp had taken ij china junckes, which the portingales reskewed, and retorned them to china. _july ._--a china brought me a present of a cup of _abado_[ ] (or black unecorns horne), with suger cakes. [ ] span.: _abada_, the female rhinoceros. _july ._--jno. portis the scotsman gave me a peare white silke stockinges with ij greene stoones lyke esmeralles, but i know not whether they be right or counterfett, etc. four noblemen of crates came to see thenglish howse, viz. the cheefe justis, the secretary, and ij other princepall men, whome i enterteyned in the best sort i could. _july ._--capt. adames tould me this day that capt. speck and the hollanders sent to desire hym to goe up with capt. barkhout for edo, to carry their present to themperour, for that jno. yoosen, their countreyman, was out of favour with themperour and other princes by meanes of his fowle tong. so this day the kinges brother hath lent them a bark to carry them up. jorge durons writes me of a miraculosse matter happened in england which, allthough i know to be a stark lye, yet i thought good to sett downe verbatum, viz.:-- yt is here reported (or spoken) for certen that in england apeared in the fermament a very greate cros, with the crowne of thorne and nailes, such as our saviour christ suffered his passion withall; and that the kinges matie. of england and all his nobilletye saw it and fell downe and worshipped it; only one prist (a bad christian) tould the king and the rest it was no miracle, but a fantesie. wherupon at an instant both the pristes eyes flew out of his head, and he died imediatly in the sight of all men. whereupon the king of england sent presently to the pope of rome to have a learned bushope to com into england to treate of these miraculos causes.[ ] [ ] cocks, as a thorough-going protestant, marks this last sentence with a marginal note: "o monstroze lye". _july ._--i wrot these letters following to send per capt. adames, he being now bound up with the hollanders, viz. to figien a came, king of firando; to gonrok dono; to tozayemon dono of sakay; to amanuo crobio dono of osakay; to neamon dono of edo; to magazemon dono of miaco; to cuemon dono, our host osakay; to cocozayemon dono, secretary to oyen dono, at edo; to capt. adames wife and children, at edo; to skengero dono, hostes sonne of miaco; to sebeoye dono, hostes sonne of osakay. _july ._--the hollanders had a bark lent them per the king to goe for osakay, and soe forward per land to edo to vizet themperour. _july ._--i rec. a letter from jor. durons, dated in langasaque, the th of august, new stile, wherin he writes me much news how gon rock dono is brought in question with one lues tanares, for taking up much goodes of the chinas at a loe rate in themperours name, and forthwith sould them to other merchantes at greate prices, whereby gonrok dono gayned _tais_, and tanares . for which they are now brought in question by the merchantes which bought the goodes of them, whoe put up a pitition thereof all together to themperour. he also writes that a greate _bongew_ is coming downe to lay handes on or padres, and to cut affe the heades of x or xij guardians, or officers of langasaque, etc. the _barso_ of wyne from magozemon dono, our host of miaco, with iij jars of _caw_, the wyne for my selfe, and _caw_ for mr. wickham, i rec. this day. capt. adams was envited to dyner abord holland shipp, and much ordinance shot affe. _july ._--sugean dono of umbra sent me a present of millons, and came hym selfe to vizet me, using many complementall wordes, and tould me the king of figen was dead, and he ordayned to goe to his funerall in place of the king of this place, as sent from hym. he saith he was a pagon, and that it is ordayned a new grove shall be erected where his body is to be burned, and a pagod built in it, where devine servis or worship must be donne in memory of hym as a _came_,[ ] or saint, or rather more then a saint, for the _camis_ are helde in greate esteeme. [ ] _kami_, the sintoo deities. _july ._--i rec. a packet of letters from mr. eaton, containing letters, dated at naffa in the grand liquea, le th, th, and th of aprill last past, wherin he wrot me of the danger the junk _sea adventure_ passed after their departure from xaxma, being driven agrownd at liqueas ij or tymes, and out of hope at last to get her affe, being / partes full of water, he having carid the money and other cheefe matters ashore at an islend called .[ ] yet in the end she floted of her owne accord, and soe they got her (not without greate danger) to the cheefe iland of the grand liqueas, to the port of naffa. but he writes, when the kinges _bongews_ (or governors of the ilandes) understood it was an english junck, they sent them boates with men and all other helpe possible, to save her, by which meanes under god they escaped; and after sent them word to look out thorow all his woodes and forist for tymber, plank, or what else we stood in need of, for all was at service of thenglish nation. but this must needes be by meanes of the king of xaxma, whose vassale the king of the liqueas is, whoe had formerly geven them charge soe to doe, as mr. eaton thinketh. in fine, he meanes to repare the junck theare, and to proceed on his voyag for syam, yf i sent hym not word to the contrary. but i hope my letters are with hym before now, to com away forthwith, at sight thereof, for firando. i also rec. ij japon letters from liqueas, i from the botswaine of the junck, and the other from co domingo, and a therd from antony, the negro. [ ] blank in ms. _july ._--i set small potata rootes in a garden. mr. eaton sent me them from liques. _july ._--the hollanders departed towardes miaco this day before nowne, and capt. adams with them, and had peeces ordinance shot affe out of the ij shippes, and from the howse. capt. yarmans, capt. of the _gallyasse_, and sr. matias are they which went. i wrot a letter to _bongew_ of xaxma which sent the man with the letters unto me which came from mr. eaton from liqueas, to geve hym thankes, and an other letter to boteswaines wyfe at langasaque, and gave her sonne which carid it _mas_. and the man which brought the letters had geven hym for his paynes, viz. _tais_ plate bars, to defray his charges hither and back againe, with bar plate containing _ta._ _ma._, and ij _tatta._ fustian to make hym a peare breeches. _august ._--our hostis of bingana tomo and her sonne came to vizet me, and brought me ij _barsos_ wyne, and bundels of japon paper. there came ij gentlemen in company with her sonne, one of them the cheefe _bongew_ under frushma tay, king of the cuntrey, whoe is a man of greater revenues then the king of xaxma. _august ._--i rec. ij letters from langasaque, from andrea dittis with water millons, and the other from alvaro munos with a sword and dagger for ed. sayer. we bought _gantos_ fysh oyle of our hostice of bingana tomo for a _mas ganto_. _august ._--jno. portus, the scotsman, envited us to dynner this day: i mean all thenglish. _august ._--this night past came news that the china capt. junck which went for tonkin is cast away at that place by neglegence of the pilot; but all the people saved. som say the japons did muten, and carid away the money, but how trew it is i know not. also it is reported that both the junckes of kitskin dono and semi dono are arived at cochinchina, and they of the junk of semi dono are cozened of _taies_ of their money, being waid out to pay for silke was stolne from them, as that was from edmond sayer the yeare past. _august ._--i receved a letter from andrea dittis, from langasaque, wherin he conferms the newes of casting away capt. whaws junck, not knowing whether the people were saved or no. also he writes me how gonsalvas junck is arived from manillas, in whome his sonne is com from manillas, i meane andrea dittis sonne, and that jno. yossens junck is lykwais arived at langasaque. he writes also that iij shipps are arived from new spaine at manillas which bring a new governor. we had ij _pico_ suger from holland factory, i browne and thother candie, to pay as rest is sould. _august ._--there came news that a shipp is without, yf not ij, but what they are is not knowne. _august ._--about midnight i had news brought me that the ship without is a hollander, and com from molucos, and that her mast is cut over board, and the ship much broaken. so i sent ed. sayer in the morning to the duch howse to know the certen news, and sent out our _foy fone_ to helpe to toe her in, shee being but a littell distance without and the wether calme. and presently after a french man, chirurgion of the _son_, came to me in secret, and tould me that this shipp without was an english shipp, and one of iiij which the hollanders have lately taken at molucos, not without slaughter of many men, and the rest taken prisoners, and sent this small shipp to bring news hither of it, i think of spite to scorne thenglish nation. and, as they say, an other great holland shipp, called the _black lyon_, is without, and com from bantam. yt is to be esteemed they have taken our shipp which should come from bantam, and dowbtfull they did the like the last yeare by the _adviz_ which mr. wickham went in. after nowne our _foy fone_ retorned from the dutch capt. speck, telling our _jurebasso_ co jno. that yt was an english shipp they had taken by order of war, and therefore had noe need of our helpe to bring her in. and this tyme co jno. tould me that out of dowbt it was the ship _adviz_ that mr. wickham went from hence in the last yeare, and that he saw som negros in her which were heare the last yeare. soe herupon i went to oyen dono, the kinges governor, and tould hym what past, desiring hym to speake to tonomon samma, the kinges brother, to let me have a _bongew_ to goe abord this shipp betyme to morrow, to take notis what she is, and whether the hollanders take them selves enemies of thenglish or no, and in what manner they have taken this shipp, to thentent i might goe to themperour to have justice. _august ._--i sent an expresse to langasaque with letters to andrea dittis and jor. durons, that i am to goe to edo to aske justice aganst the hollanders, and that yf the chinas will goe up about that matter i will assist them in all i may. the hollanders brought in our shipp in a bravado, and shot affe many guns out of her, and out of their other two. but i had forgotten to note downe how i went to tonomon samma, the kinges brother, to desyre hym to let me have a _bongew_ to goe abord thenglish shipp which the hollanders had taken, to be a witnesse before themperour what answer they made. but he would let me have no man, saying as yet no shipp was com in, nether had he heard any thing of the matter till now. soe i retorned and sent out mr. osterwick, with mr. nealson and others, to look upon her, to see yf they could know her or no. but they mett her coming into the roade, and soe returned; only they spoake unto them and bad them welcom, and much good might she doe them. but sowne after (two severall tymes) capt. speck sent his _jurebasso_ unto me to certefie me he was sorry for what had happened, and that the shipp and goodes were at my devotion. i both tymes retorned hym thankes: they had pocession, and therefore might make their benefite. soe in the end he came to thenglish howse, accompanied with capt. barkhout and sr. albartus, using many complementall wordes, offring the shipp and what was in her at my comand. but yow must understand they had well emptied her befor, having byn ij nightes and a day abord of her before. i made them answer, i was sory for that which was happened, and wished it had not byn soe, and that yt had byn enoffe for them to have taken our shipp and goodes without bringing in of the shipps in such a scornfull sort. he made me answer, they were not in the falt, but them which sent the shipp, nether they in falte, for that they did nothing but what their masters comanded them. "why then", said i, "yt seemes your mastars comand yow to be comune theevs, to robbe english, spanish, portingalles, chinas, javas, and all others whatsover, without respect, and to synk a french shipp going thorow the straites of sonday, becauce they should not carry news into france of the abuce yow had offered them." these speeche did somthing move them; soe they answered me that hitherto they had held frendshipp with us, and still would do, till their comanders gave them order to the contrary, and then they would doe as they thought good. unto which i answered they might showe them selves frendes to thenglish, yf they pleased, ether now or hereafter, but for my parte i did not care a halfe peny whether they did or noe. and soe they departed. _august ._--we had a councell this day, wherat assisted me ed. sayer, wm. nealson, and jno. osterwick, where it was debated whether it were fiting to send up to themperour, to complaine against the insolentie of the hollanders in presuming not only to take our shipps, but openly to bring them in to our disgrace. wherupon it was concluded that i my selfe should take that long and troblesom voyag in hand, and that mr. wm. nealson should accompany me, as well to look out and cleare debtes above, and bring reste downe, as also to carry up with us such matters as the factory afforded, and to buy stuffes to geve presentes to themperour and his nobles (at least, yf they would take them), or els to make sals therof, yf they were refuced. also it was ordayned to send away a post, both by water and land, after capt. adams, to enforme hym of the theevery of the hollanders, to the entent he should retyre hym selfe from them and stay my coming, and not goe with them before the emperour. soe we dispached a swift bark of ores away, not dowbting but they will sowne overtake them, for that our host tozayemon dono of sackay arived heare this day, and left hym at shimonaseak two daies past, and i make acco. our bark will be at shiminaseak. oyen dono came to vizet me in the name of tonomon samma, offering me all assistance against the hollanders, and wishing me to make hast, not dowbting but the hollanders would be driven out of japon, yf i made my complaint in due forme against them. also yt is tould me how the hollanders have made a greate _pancado_,[ ] or sale of silk to divers japons, and the silk waid out and sealed up, but coming to payment there is _taies_ in a _pico_ difference in the price, which amounteth to above _tais_. so that much adow is lyke to be about it. oyen dono being gon, sugian dono of umbra came unto me (as from tonomon samma) and wished me to make good enformations against the hollanders, wherin he would assist me, and made no dowbt but they would be banishid out of the cuntrey. i desired hym that he would assist me in the matter, and that i might be quickly dispached, to goe up to the emperour. soe he went from me to the _tono_, telling me he would use such dilligence i should be dispached to morrow. [ ] span.: _pancada_, contract for sale in gross. _august ._--i went to tonomon samma, or rather he sent for me, to know whether i ment to goe to themperour or no, to complaine against the hollanders. and i answered hym, yea. "but", said he, "do yow pretend to comence any processe against them?" to which i answered, noe, for that i would seek justice against them in england; only my pretence was to geve themperor to understand they were comune theeves and sea rovers and took all men they met withall, without exception, were they frendes or foes; and that his matie. might doe well to embarg their shipps and goodes till he better understood the truth thereof, and not suffer them to carry out victuelles and munition and money as they did, and to keepe two or shipp to goe a roveing as they did this last yeare, to take chinas and all others they mett withall under culler of them; which they could not doe, had they not this receptacle. yt seemed he lyked my answer well, and wished me to proceed therin formally, and that he for his parte would [geve] assistance in what he could, and write to the king his brother at large thereof, whome he knew would take my parte against them, as not haveing yet forgotten the complaint they made against hym to themperour the last yeare; and that i needed not to carry any _bongew_ up with me, in respect the kynge hym selfe was theare, whoe he knew would assist me in person to goe to themperour and his councell. we agreed with a bark this day to cary us to osakay for lx _tais_ plate bars. there was som which came and tould me this day that tonomon samma, the kinges brother, and others asked the hollanders wherefore they tooke englishmen and their shipping in this sort; unto which capt. speck answered, it was because we brought shott, powder, lead, and other munition, and sould it to their enemies. "why", said the other, "are the englishmen your vasselles that they are bound to observe what yow would have them, and may not they doe as they please with that which is their owne to any one they esteem their frendes? as", said he, "they bring lead and such other matters as themperour hath need of yearly, which now it seemeth yow have taken, that non is lyke to com this yeare. soe that", said he, "this will make much against yow." whereunto capt. speck has littell to replie. i gave matinga a silke _keremon_, a _catabra_ of same, and an upper garment of fine white casho. _august ._--i wrot a letter to capt. adames to same effect as the former, and sent it per our hostice of bingana tomo to send it from thence expres. _august ._--tonomon samma, the kinges brother, sent for me to come and speake with hym; which i did, and fownd that the portingalles had againe made complaint against harnando ximines and jno. portus, saying they were murtherers of their capt., with many other falce reportes of them, desyring to have them deliverd into their handes. unto which i answerd, that, yf the portingales had anything to doe with them, they should goe before themperour, wheare i would answer for them, and to their shame prove their reportes falce. _august ._--i put into one chist to carry up, viz.:-- pece yello shag. peec. ruch wrought velvett. pott musk, containing coddes. box currall. peec. red cherenis. peec. black and green grogran. pec. red damask. pec. ruch figerd satten. peec. corse damask. pec. black ruch taffety. pec. fyne white china taffety. peec. japon taffetie. pec. yello satten. peec. ordinary taffeties. pec. white satten lymis. peces damask. peec. satten, capt. china. peec. orreng culler shagg. pec. oreng culler velvett. pec. ordenary taffeties. pec. ruch taffeties. pictures. pec. ordenary taffety. also capt. whow sent me a letter with many frendly speeches, that he and what he had was at service of me and thenglish nation during life, for that, till now, they stood dowbtfull that thenglish and the hollanders were all one, but now were fully resolved to the contrary; and that in all hast they would send word to china of what was past, to the entent to put them out of dowbt. gonosko dono, an ould gentelman, our frend, dyed this evenyng. he was father in law to ushanusque dono, our _bongew_, and the only souldier esteemed of by foyne samme, thould king. _august ._--we went to tonomon samme, the kinges brother, and carid hym a present, i being reddy to goe to themperour, viz.:-- - / _tattamy_ straw culler cloth. _tatta._ straw culler bayes. russia hide. _cattis ginco_ that came from cochinchina. ij greate gallipottes. ij small gally pottes. ij duch jugges. ij green tuns. and i desird his letter of faver to the king, his brother. also taccamon dono, cheefe justis, sent me a _baroso_ of wyne and a drid salmon. and sowne after i sent mr. nealson and our _jurebasso_ with a present of j peece of damask and ij cattis _ginco_, which he took in good part, and offerd us all frenship he could doe our nation. there passed a bark by, which came from cocora[ ] with banished christians, to goe for langasaque. there came som of them to see thenglish howse, amongst whome were or women. they say the king of cocora hath crusefied xxxvij men and women, wherof men were crusefied with their heades downeward. [ ] kokura, at the extreme north of the island of kiushiu. _august ._--i wrott ij letters, i to bantam, directed to capt. balle, and thother to camboja, directed to mr. georg savidg, with the former in it rec. back from nicholas marin. and these letters i deliverd to andrea dittis, who gave conveance to them per way of china. capt. speck sent for mr. osterwick to com and speake with hym, of which he tould me, and i bad hym goe and knowe what was the matter. soe at his retorne he said the cheefe occation was for that i spoke ill of their comanders or generalls of the indies, wishing me to refrayne my tong, or else to take heed of my selfe. also he said he sat still in his howse and said nothing tuching thenglish, as also that there could nothing be done in thenglish howse but that he knew it within xxiiij howers after; and that he held me for a furious and hastie man which misused all thenglishmen in the howse, and did all thinges on my owne head and spleene without taking councell. the first point of these speeches jno. osterwick made knowne unto me, and the rest tould unto other englishmen which gave me to understand therof. i dowbt this jno. osterwick, because his father was a duchman, and it may be he dealeth dubly. soe, being tuched soe neare by this prating duchman, i took occation to write hym a letter in spanish, the coppie wherof i have extant, in which i advized that i marveld much he medled in my howsehould affares, braging that nothing could be donne but he knew it within xxiiij howrs after, esteeming me a hasty, furious, and he might as well have said, a madd man, doing all thinges on spleene without councell. unto which i answerd that i desyred to know my accusers, which yf he did not manifest, and that yf any man went upon spleene or ill will to geve out or speake such ill and falce reportes of me, that he or they lied in their throtes. and whereas he said he sat still in his howse and said nothing tuching thenglish nation, my answer was, they hadd not geven hym nor them any occation hitherto, nether in taking of shipping, killing of men, and robing them of their goodes. and, yf i spoke ill of their generall, i did it upon a good grownd, holding hym as an enemy to my soverigne lord the kinges matie. of england and his estate in taking of shiping, killing his matis. subjectes, and bereving them of their goodes. and as tuching his thretnyng speeches, i did not well understand his meanyng, but gave hym to understand i did nether feare his wordes nor weapons. he also sent me word that i might make what hast i would to themperour to make complaint, and that he would follow after at his leasure, and that i could doe nothing till he came. unto which i answerd in my letter that i went not up to themperour to demand restetution of shipp nor goodes, for i was assured to have satisfaction in england, and therefore he was deceaved in that matter, and might ether goe up or tarry at home yf he list. _august ._--i receved a letter from capt. adams dated the th present, at a place leagues beyond camyna seke, wherin he writes me of the wrack of many barkes, and that the governors bark of provition is all cast over bord but one peece of ordinance. and that touan dono hath lost his processe, all his goodes confiscat, and his lyfe at emperours pleasure. also that a china bark or junk arived in xaxma with much silk, which he had taken from other chinas and sould it at miaco for _tais_ the _pico_; but themperour, coming to know they are theeves, hath geven them into the handes of other chinas, to have the goods retorned to whome they belong, and execution to be donne upon the offenders. and this day news is com from capt. whow that it is not niquans junk which is cast away, but an other, smaller, of not halfe themportance, but belonging to same owners. alexander, a scotsman in the duch shipps, gave me china picturs of saynts and our lady, paynted upon bras leaves. _august ._--icana came came to vizet me and take leave as he said, i being ready to goe up, and wished me to take good councell in my proceadinges against the hollanders, and that he knew the king of firando would assist me therin in all he could. _august ._--tonomon samma, the kinges brother, sent me his letter for the king his brother. and divers others came to vizet me and wish me a good voyage. _august ._--we set forward on our voyag towardes edo this mornyng about a clock in the mornynge, and at night came to an anker at languay, the farther towne, leagues from firando. _august ._--we departed from languay about midnight, and at nowne this day came to an ancor at the iland of anushma[ ] in faccatay, and there remayned all the rest of day and night following, wind being a stiff gale at n.e., the sea going hie. we la on shore all night, and gave to the howse xij _mas_, having made hitherto leagues. [ ] aishima. _august ._--we departed in the mornying from anushma to a port on the maine of faccata, called chuiasaquy,[ ] leagues from anushma, and to short of shimnaseaque. here we understood of a small china junck which was entred into a port of faccatay, leagues hence, called ginushma, being driven thither per contrary windes, but bound for firando, laden with suger, purselon, and other matters. but the _tono_ of faccata will not let her goe for firando, but discharg and sell her goodes there. [ ] tsuyasaki. in the margin is also added the name, wattary. _august ._--i was enformed this day that the china junk which was at ginushma, leagues hence, was one of the which the hollanders took and put their men into. these chinas, having lost the sight of the holland shippe, made the hollanders drunk that were put into the junk, and then cut their throtes; but, the wind being contrary, they could not retorne for china, but passed by firando and soe put into faccatay, where they staid not longe but put to sea againe, thinking them selves to neare firando, where the hollanders are; and are gone, as the report is, to a harbor on the north part of japan, called quitamare. some are of opinion that the junk which put into the back side of xaxma or bongo, whome went to miaco to sell their silke, was lykwais one of them, although it were geven out they were theeves and had stolne that silk and goodes from their owne cuntremen. _august ._--this day being a festivall day, our host of wattary (we lying ashore) envited us to dynner at his owne charge. _august ._--the _bongew_ of faccata envited us to dyner, and sent me word he was sorry he was out of the place when we arived, otherwais that we should have lodged in his howse. soe with thadviz of mr. nelson we sent hym a present of a peece of damask and a bottell of annise water. and within night, the wind coming sotherly, we waid ancor and put to sea from watary, and paid out in howse where we la these dais, viz.:-- bar plate to good man howse and peece green taffety and to his wife, in small plate and to his littell child and to his servantes _august ._--we arived at shimenasek this day, about a clock in thafter nowne, having made leagues. here our host tould me that leon overtook capt. adames before he arived at osakay, and that the bark leon went in retorned back per this place daies past, and is gon for firando, and that the marrenars tould hym capt. adames ment to stay for me at miaco, which god grant. our host tould me that, before the hollanders went from this place, there were japons which brought hym newes how the hollanders had taken english shipps, of which they had brought into firando without any englishmen in her, unto which capt. adames said littell, nether tould the hollanders what the others said unto hym; but that was all one, for one of the hollanders spoke the japon tonge. _september ._--i receved a letter from capt. adames, in answer of myne sent hym per leon thexpres, whome he retorned back unto me with such an unsezonable and unresonable letter as i littell suspected he would have done, saying he was non of the companies servant, and is, as it seemeth, altogether holandized, perswading me not to goe up about this matter. _september ._--we departed from shimina seak this day in the mornyng, and paid out to our host, viz.:-- for charg of diet, our selves and servantes for wyne for bark for rice for bark, our provition for herbes and onyons and redesh geven the servantes more, i gave to our hostis musk cods, and to her doughter musk cod, and to _caboques_ musk cods. and at son rising in the mornyng we arived at a place called yew,[ ] under a hill, without howses, having made this day and night past leagues. [ ] yu, in suwo. _september ._--we made this day, till night we came to an ancor neare miwarry,[ ] leagues, being leagues short of bingana tomo. [ ] mihara, in bingo. _september ._--with much adoe we got this day to bingana tomo, having made leagues, rowing in raynie wether against the wind. certen chinas came to vizet me heare and sent letters by me for edo, telling me that now they knew well hollanders theevs and englishmen trew men and ther frendes. _september ._--the wind being contrary, i sent away an expres, leon, with letters to capt. adames, as mr. nealson did the lyke, to perswade hym from the accompanying the hollanders, yf it be possible. i also sent other letters in japons to the king of firando and cacayemon dono, secretary to oyen samma. we departed from bingana tomo against the wind, and rowed it up to an iland leagues offe, where we came to an ancor, the wind encreasing. iland called sherais. we paid at bingana tomo, viz.:-- to the howse for charges to the servantes for wyne for wyne for leon and i gave ochora our hostis a picture and musk coddes; her doughter in law a pictur and musk cod; her doughter a musk codd; to her doughter in laws father a picktur and ij musk coddes. and i paid _tais_ _mas_ to _caboques_. _september ._--we departed from sheraish and made this day till son rising next day leagues. _september ._--we came to an ancor towardes night at a towne called moro, leages short of miaco, and stayed the tide; and soe put to sea againe and made leagues till mornyng at son rising. there was barkes at moro alltogether put to sea towardes miaco, som of them having staid there daies for a wynd. _september ._--we arived at osakay late at night, having made this day leagues. at my coming to this place i fownd leon, the expres i sent from bingana tomo, not yet departed, nether had grubstreet our host sent away my other letter which came from firando per conveance of our hostis at bingana tono; which gave me small content. yet in the end i perceved per grubstreet that capt. adames had tould hym i had no reason to complaine against the hollanders as i did, which was the occation he sent not that letter after hym. soe here i wrot an other letter to capt. adames, and sent both it and the rest per post after capt. adames. _september ._--tozoyemon donos wife of sakay sent me a _sesto_[ ] (or basket) of japon figges and peares, and an other _sesto_ of lyke to mr. nealson. [ ] span.: _cesta_. _september ._--i forgot to note downe that yisterday mr. nelson went to croby dono, capt. adames host, and took a note of all the goodes capt. adams wife or neamon dono had sent from edo, to thentent we might better recon with them at our coming to edo. _september ._--we went to the governor of osakay, shemash dono, with a present, as also with another to his secretary, viz.:-- fowling peece, damasked. _tatta._ strawculler brodcloth. peeces silk damask, at _tais_ peece. muskovie hide. and to the secretary:-- ij peces damask, at _tais_ peece. and j pec. rich taffety, as good as the rest. but going to the castell to deliver it, we had answer that the governor slept and the secretary was biden out to a banket. so we retorned without doing anything. i am of opinion our host grubstreet doth play the gemeny, and per instigation of capt. adames, both taking the hollanders partes for lucar. yf it be proved soe, god reward them according to their deservinges, and god deliver us from frendly secret fowes. _september ._--we set forwardes towardes miaco this morning. i gave our hostis ij pickturs and ij musk coddes; and to woman dono pickture, musk cod; to the nurce musk cod; to the anymall musk cods; and to them in plate bars - / _tais_, of which was to the humerus of mr. nealson; _tay_ to their _casero_;[ ] _tay_ to shisque dono, and musk cod; _mas_ to their maid; _mas_ for sowing my bedd. so this night we arived at fushamy[ ] at supper tyme; but our hostes sonne of miaco met me per the way with a banket. [ ] span.: _casero_, landlord. [ ] fushimi. _september ._--we departed this mornyng towardes miaco. _september ._--we set mr. jehan the scribe awork to write out an information against the hollanders, to deliver up to the emperour, the coppie whereof i have both in english and japons. we went to vizet the antient monumentes of japon, and amongst the rest the pagod, or monument, erected in remembrance of ogosho samma, the last emperour, which, in my opinion, is the most magnificent peece of work which i have seene in japon, both for the greatenesse and workmanship. and their is _boze_ (or pagon pristes) have alowance and mentaynance for eaver to pray for his sole, in the same sort as munkes and fryres use to doe amongst the roman papistes, and have their lodginges and buildinges about it in most sumtuouse sort, with a square cloister and other _futtakies_ (or chappels) within the said compas. all which is seated on the side of a mountayne among a greate wood of pine trees, most pleasant to behould. the great _dibattes_, or pagod, standeth in length due north and south, with pillars on a rowe in length and in breadth, the greate idoll or imag standing in the midst of the pagod, looking with his face w.ward. there is pillars in a rank on eache side with lantarns in them go downe to the gate howse w.ward, with on pillar or grete lantarne before the pagod dore. and the other pagod with the images standeth due s.ward from the said pagod. our hostes sonne accompanid us and provided bankettes for us in or places in the way. _september ._--we went and vizeted inga dono, the lord cheefe justis of japon, and carid him a present, viz.:-- fowling peece. _tattamis_ black cloth. russia hide. cakes wax. peeces damaske, cost _tais_ peece. peare specktacles. and to his secretary:-- peeces damask, cost _tas_ peece. pece ruch taffety. and withall i shewed hym the coppie of the information i ment to put up against the hollanders, wherat he marveled. i said they were theeves, for that allwais till now the hollanders reported our nation to be the comune theevs of all the world. "but", said he, "yow doe well to make the truth knowne, and your writing is well framed. soe yow need not dowbt but themperours councell will geve eare unto yow." he gave me a writing to all places where i came, to lett me have horses at ordenary rate, and to all hostes to use me and the rest in my company respectively. the _mackey_ man envited us to supper, where we were well entertayned with dansing beares, and i gave them a bar plate, ill bestowed. _september ._--i gave our hostis at miaco pictures and musk cods; and sent musk coddes to inga samas secretary; and gave our hostis little doughter musk cod. and i cut a peece white satten lyn to make mattinga a _keremon_, and gave the rest to our hostis littell doughter, and left the _keremon_ with our hostis to be wrought with silk and gould. cuemon dono envited us to supper, where we had kynd entertaynment with dansing beares, to whom i gave a bar plate. _september ._--this mornyng lowring, calme, droping wether, but, after littell, wind northerly. raynie wether all day, but much more by night, with an earthquake, etc. we set forward from miaco towardes edo, and dyned at fushamy, whither divers frendes accompanid us with dansing beares (or _caboques_). so we paid out _ichebos_ of _ta._ _m._ - / _co._ peec. for dyner; _ichebos_ to _caboques_; _ichebo_ to other women; _gins_ to servantes in howse; _gins_ geven in a howse per way, where our host of miaco provided a banket. nota, that our _rockshackes_, of them to carry me to edo and back againe, were agreed withall for _tais_ _mas_ per peece, we to fynd them victuelles. and horses to cary our provition and presentes, at _tais_ _mas_ per horse; and _tais_ for a horse for mr. nealson, to cary things to edo and then to be free, and pay their owne and horse charges themselves. also mr. nealson paid the horsemasters _tais_ on acco., and _tais_ to the _rockshackes_. about midnight or sowne after was an exceeding greate earthquake, which endured halfe a quarter of an hower. it happened at a towne called cussattes,[ ] leagues from otes,[ ] whither we went this day to supper, having made this day leagues. soe betyme in the mornyng we departed from cusattes; and paid out to the howse, for expenses, _ta._, and to the servantes _cash_. [ ] kusatsu. [ ] otsu. _september ._--a kinsman of our host at miaco mett us in the way with a banket, having com xx milles; unto whome was geven an _ichebo_. we went to dyner to a towne called ishebe,[ ] where we were constraned to stay all night because the waters were up, that we could not passe by reason of much rayne which happened. we paid for our diet at ishebe _ta._, and to the servantes _cash_. [ ] ishibe. _september ._--we dyned this day at a towne called suchiama,[ ] and paid for our diet : : - / , and to the servantes _cashe_. and went to supper to a towne called sheque no jeso;[ ] and paid for our diet with brekfast : : , and to the servantes _cash_. [ ] tsuchiyama. [ ] seki. _september ._--we went to dyner to a towne called ishaquish;[ ] and paid for our diet : : , and to servantes _cash_. and we went to supper to quanno,[ ] where we were at our arivall (servantes and all) envited to supper by the governor or _tono_, where i have not had better entertaynment since i came into japon. i had laid out a present of a peece damask, a bottell spanish wyne, and an other of annis water, to have geven hym, with musk coddes; but he refuced it, saying he would not take any thing till i retorned from themperour, his master, offering me barkes for nothing to carry me and all the rest over the water to mia, leagues; which i thanked hym for, having hired others before. and soe per night we departed from quano per water; and gave our host, for use of his howse and _rackshackes_ diet, _ichebo_. [ ] ishiyukushi. [ ] kuwana. _september ._--som howers before day we arived at mia,[ ] at fox my hosts, where we brok fast and laded our horses, being . and paid for our diet and travell : : - / , and gave the servantes c. of _cash_ or _gins_. and we went to dyner to cheru;[ ] and paid diet : : , and to servantes c. _gins_. here we met themperours eldest sister with a greate trayne after her. and sowne after we met the portingalls retorned from the court at edo, it being daies past since they departed from thence. they say the hollanders delivered their present and had audience the same day. soe we went to occa sackey[ ] to bed, having made this day but leagues; and paid for diet night and mornyng _ichebos_, : : , and to servantes ij c. _gins_. this towne ogosho sama was borne in. [ ] miya. [ ] chiriu. [ ] okazaki. _september ._--we dyned at acca sackey[ ] and paid diet : : , and to servantes j c. _gins_. we mett this day in the way soyemon dono and semi dono, of firando, going downe from edo to firando, but about what busynes i could not learne. soyemon dono tould me that themperour knew of the hollanders theft and that i was coming up to the cort. and after, when i mett semi dono, he wonderd at the matter, and said nether themperour nor king of firando knew nothing thereof; but i think he dealeth dubly, etc. we went this night to bed to yoshenda,[ ] having made this day but leagues; and paid for diet night and morning : : , and to servantes c. _cash_, and to his sonne for a barill wyne c. _cash_. [ ] akasawa. [ ] yoshida. _september ._--we went to dyner to famma mattes;[ ] paid diet i _icheboes_, and to servantes c. _cash_ or _gins_. and soe we went to mitsque[ ] to supper, having made this day leagues; and gave for diet night and morning : : , and to servantes c. _gins_. i forgot to note downe that, passing a river, the boatmen misused our servantes and would not let our horses passe, but gave them blowes. soe i showed them a passport or comand from the great justis of japon, inga dono, wherin he comanded them to geve us free passag without molestation; which seeing they cried pecavie and followed after me leagues to aske pardon, many other neighbours accompanyng them to speak in their behalfe, for they knew full well, yf i had made complaint, it had cost them their lives. [ ] hamamatsu. [ ] mitske. _september ._--we went to dyner to cagingaua,[ ] a towne wherin themperours unckle dwelleth; and paid diet : : , and to servantes c. _cash_. and met a servant of semi donos by the way, lame, unto whome, he asking for god sake, we gave _gins_, etc. also i met gonrok dono, the _bungew_ of langasaque, going downe from edo, whoe took knowledg of me before i knew hym, and offerd me much kyndnes in wordes, etc. soe we went to bed to cainagh,[ ] having made this day leagues. at this place i met a china coming from edo, per whome i wrot to andrea dittis, china capt., and to ed. sayer and jno. osterwick, of my arivall in this place. we paid for diet here : : , and to servantes c. _gins_. [ ] kakegawa. [ ] kanaya. _september ._--raynie wether; per night a very storme or tuffon. we passed the great river[ ] and went to dyner to a towne called fugieda;[ ] and paid diet : : , and to servantes c. _gins_. and paid men, to helpe us over the deepe river without bridg, _gins_. and went to bed at shrongo,[ ] having made this day leagues, to get over the rivers before they did rize per meanes of this rayne. [ ] oi-gawa. [ ] fujieta. [ ] suruga. _september ._--we staid all this day at shrongo by meanes of the raynie wether, and departed from thence the morowe mornyng; and paid for diet all the tyme _ichebos_, is : : , and to servantes c. _gins_. and i gave our hostis a picture and a musk codd. _september ._--we made this day leagues, going to bed at a place called cambara,[ ] and could goe no farther, the way being fowle and no place of lodging neare. and paid for meales : : , and to servantes c. _gins_. [ ] kambara. _september ._--we went to dyner to yoishwarra.[ ] paid to the howse for diet and to servantes _gins_, is : : . and went to supper to mishma,[ ] at foot of the great mountayne, wherin above howses were burned few daies past. soe we had but pore lodging, yet paid for diet night and mornyng : : , and to servantes howses c. _gins_. [ ] yoshiwara. [ ] mishima. _october ._--we went to dyner to a place called facony,[ ] on the top of the mountayne with the greate lake, and paid diet and howse c. _cash_. and we went to bed to wodowrey,[ ] at the other foote of the mountayne, a greate towne all burned the last yeare but one howse. so we made this day leagues. the towne standes by the sea side called wodowra; from whence i wrot capt. adames an other letter per expres that to morrow i ment (god permiting) to be at edo. and i wrot letters to king firando and torazemon dono to same effect. and we paid for diet at wodowra _ichebos_, is : : , and to servantes c. _cash_, and to a screvener to writ letters c. _cash_. [ ] hakone. [ ] odawara. _october ._--we went to dyner to woiso,[ ] where our hostes howse was taken up per the king of figen. so we dyned at an other place, where i was taken on a sudden with such an extrem wind collick and stoping of my water that i verely thought i should have died. so i sent an other letter to capt. adames of my stay per meanes of sicknes. our new host, seing me sick, would not let me stay in his howse; soe our ould sent for me, when the king of figen was gon. we paid for our dyner an _ichebo_, is : : - / , and to servantes c. _cash_. [ ] oiso. _october ._--we departed from woiso and paid howse ij _ichebos_, : : , and to servantes _gins_, is : : - / ; and i gave children, in silver, : : , and to a maid servant that attended me and warmed clothes all night _ichebo_, and to goodwife of howse a pece rich taffety. this day we met the hollanders retorned from edo, leagues short of edo, hollanders besides japon servantes. there was small greeting betwixt us; and so they passed. we went to bed at a place called todska. _october ._--betyme this mornyng, at break of day, we met capt. adams, whoe came to meete me leagues from edo. and sowne after we met horses sent from king of firando to meete me, attended on by men. and soe we went to dyner to a place called caningawa;[ ] and paid _ichebo_ and c. _gins_ for howse, and to servantes c. _gins_, and for charges kinges horses _gins_, and for colation at shiningawa[ ] _gins_. and sowne after we met on of the king of firandos gentelmen sent to meete me, with pikes carid before hym, to accompany me into the towne; and sowne after yada dono and capt. adames his children with a banket, before our entrance into the cittie. soe i gave the king of firandos men which came with the horses _gins_, and sent them away. and sent mr. nealson with our _jurebasso_ to king of firando, to thank hym for the honor he had done me, and that i was so weary now after my sicknes i could not com my selfe, but ment to vizet hym to morrow. [ ] kanagawa. [ ] shinagawa. _october ._--i went to vizet the king of firando, and delivered hym the letters i brought from his brother, and carid hym a present, viz. _tatta._ of murrey cloth, muskovie hide, peeces damask; and to his brother peeces of damask. and i shewed the information to the _tono_ of firando that i ment to put up to the emperour against the hollanders, which he read over with silence, and then called torazemon dono to see it; whoe having read it over, looked somthing sowerly on the matter, for he was allwais a great frend to hollanders. _october ._--capt. adames with torazemon dono and our _jurebasso_ went to the court to know when we might have audience of themperour and deliver our present, but they fownd so many noble men geving presentes to themperour, it being the th day of the moone (and a festivall day), that they could have noe answer, and soe were put affe till to morow. the king of firando sent me a present of a barill wine, and a table of cuttell fish drid. _october ._--i wrot a letter to firando to ed. sayer and jno. osterwick, with others to china capt. and matinga. in that to china capt. i wrot for my _goshon_. these letters sent per horsmen. codgskin dono sent me a present of greate peares, of spans about one peare. also i rec. a letter from semi dono, dated in miaco, as he also wrot an other to capt. adames to same effect, to gett hym out a _goshon_ for cochinchina. soe this night torazemon dono came and brought me the letter with the ould _goshon_, and caqemon dono came in company with hym and an other gentellman of king of firando. they used many speeches to perswade me from putting up this writing which i have made against the hollanders, which i esteme is torazemon donos doing, for that he hath allwais byn a frend to hollanders. _october ._--capt. adames was sent for to the court, soe that i thought we should have delivered our present to themperour this day. but he remayned there from nowne till night, and had not one word spoaken to hym. _october _ (_conguach_ th).--capt. adames sent his man to firando and soe for languasakey with a _goshon_ for fingo shiquan, per whome i sent the letters for firando. and gave hym an _ichebo_ to spend per way. this day we went and delivered our present to themperour, viz.:-- fowling peeces. de. cloth, black. de. sadd blew. peeces damask and satten. _cattis_ wax. _cattis callamback_. _cattis_ silke. _october ._--capt. adames went to cort with our _jurebasso_, and it was ordayned to morow we should vizet the prince with a present, i meane themperours eldest sonne. _october ._--we carid a present to the prince wacange samme:-- fowling peece. _tatta._ black clo. _tatta._ primeroz. peece damaskes or stuffes. cake wax. peec. _calemback_. bundelles silk. we attended a greate while to have entrance to the prince after our present was carrid in, and in the end were put affe till to morrow, i doe think by instigation of som from the _tono_ of firando, who enformed them we came to make processe against the hollanders. once we retorned back, and left the present behind. _october ._--this day we carid the present to the prince wacange samme, or rather delivered it to hym, yt being well accepted of; and the emperours factor went with us. _october ._--we carid our presentes to oyen dono, and to his secretary; and to codgskin dono, and to his secretary. more presentes geven to emperours councell, viz. to oto dono, tushma dono, itame genuske dono, and their secretaries. _october ._--we carid presentes to chana shogero dono; to the two admeralles; and to sonne fongo samma. the admerall sent a bark for us, to carry us to a howse of pleasure where he was, and entertayned us very kyndly. so at our retorne we gave an _ichebo_ to the barkemen. the singing man and sugien donos brother came to vizet me, and brought a barken [baken ?] box of meate for a present. _october ._--a littell before son rising there happened an earthquake at edo, but of small contynewance. the king of firando sent a man to me with a letter which he rec. from oto dono, advising hym of the present we gave hym, willing hym to geve us thankes for it. also gensero samma, the kinges brother, sent to envite me to dynner daies hence; but i retorned answer that as yet we had not donne any thing for dispach of our busynes at cort, but howrly attended the councells answer; but, having ended, i would com and kisse his lordshipps handes, etc. _october ._--we went to see the sepulcre of ogosho samma, now new made. a wonderfull peece of work it is, and farr before that of ticus samma at miaco; and neare unto it is an other monument of sada dono, father to codgskin dono, and a pogo[d] of heathen pristes, with a monument of noble men which kild them selves to accompany ogosho samma in an other world, as they think. a servant of oyen dono, who kept the monument, made us a colation, and showed us all the singularreties of the place; unto whome we gave an _ichebo_. _october ._--this day was the great feast of shecco, all the japon kinges (or _tonos_) viseting themperour with presentes. soe we could doe nothing at cort. _october ._--capt. adams went to cort remayning there all thafter nowne; but themperour went a fowling, soe nothing was donne for our dispach. i sould this day _tay_ wight of corall for _tais_. _october ._--i forgot to set downe how cakeyamon dono came to vizet me, telling me he came new out of cuntrey from the funerall of oyen donos wife. he also advized me that i should not think ill of hym, yf he ware forward in wordes to speake in the hollanders behalfe in presence of the king of firandos people, for that he did it of purpose. this is a craftie fello. i sent hym a present this day, viz. pece fugered satten, cost _tais_; branch corall, containing _mas_ _condrins_. the king of firando sent one of his gentellmen to vizet me, with many complementall wordes and offers of greate frenshipp, and that he wanted not to labour to get our dispach. i retorned his highnes many thankes; but rather imagin he standeth in dowbt we goe about to get lycense to send our shiping to langasaque, in respect we desire to be apart from the hollanders, and in that he is not deceaved. but whether it will take effect or no, i know not, only the emperours factor sent me word per capt. adames it would. _october ._--we went and vizeted oyen dono, the secretary, but had but one word with hym, he only biding us wellcom and so went to cort. i thought to have delivered hym the writing i had made against the hollanders; but he went away without it, although he saw me have it in my hand. so i gave it to his secretary, cacakayemon dono, whoe of hym self promised me to deliver it to hym at his retorne. i also went and vizeted the king firando, and carid hym branches corall, containing _mas_, and a bottell of strong water; and to his brother a branch of corall containing _mas_ _condrin_. the king i fownd in company with certen caveleros whoe went lyk wais to vizet hym, he being very weake and full of the french disease, soe i think he will not live longe. _october ._--i went and vizeted the emperours merchant or factor, and carid hym a present of branches corall, containing _mas_, with a bottell hoot distild water. i receved _tais_ for _mas_ wight corall of my owne, and _tais_ for a landshast of companis, sould per capt. adams. we were envited to dyner to yada dono, where we were kyndly entertayned. _october ._--i sould _mas_ _condrin_ wight of corall at per one silver, is _tais_ _mas_, trusted. capt. adames was all day at cort, expecting answer for our dispach, but did nothing, most of the councell being gon to honer a pagod where ogosho samas was bured, daies journey hence, the seremony being to be observed the th day of this moone after japon stile, which was the day of this buriall. _october ._--capt. adames was all day at cort to get our dispach, but retorned without doing of any thing. _october ._--not having busynes to doe by meanes the councell were abcent about seremones of the ould emperours mortuary, we went and vizeted the pagod of otongo, which these people hould to be the god of darknes (or hell), as the antientes called pluto. it standes on the topp of a hill which overlooketh all edo, and the idoll (or picture) of otongo is made in forme lyke a devill, with a hooked nose and feete lyke a griffon, and riding upon a wild boare. he was painted after severall formes, but allwais monted upon a wild boare, which the people say was his blason or armes. and for that entent there is a greate wild boare alive kept in a cage (or frank) at the foote of the hill, which i saw at my entrance. and there goeth an upright peare of [s]ton staie[r]s of stepps, of a lardg breadth, leading directly up to the pagod; but an easier way is to goe compas about the hill. there was many people went to vizet that place, and their use is to goe tymes rownd about the pagod mumbling out serten prayers. this i marked of dyvers. from thence we went to an other pagod, where the eldest sonne of ogosho samma (a valient man) lyeth bured in a stately monument. this pagod is the seate of the greate or high bushopp of japon, next after the _deyre_. his people used us very kyndly, and opened the dores of the monument, and let us enter in, and opened the secret place where the idoll of the dececed was placed, whereat all the japons fell prostrate and adored it. and from thence they led us into the bushops chappell or oratory, all sett out with idolls and lamps, nether more nor lesse then in the papist churches, before which idolls the japons did likewais fall downe and worship. this pagod (or monestery) was erected to the honor of amida, a greate saint of china, equaled with shacca. and i gave an _ichebo_ to them which shewed us these matters, and so retorned hom. _october ._--fongo dono, the ould admerall, sent me a present of frute with a letter from his manor howse, leagues hence. capt. adames was all day at cort to get our dispach; but had nothing from the councell but a nod and smiling countenance. _october ._--mr. nealson did but ask capt. adames for shire maps without frames, which per his acco. he hath resting in his handes; but he fell into such a chafe about that matter, telling them which were about hym, in the japon tong, that this was not the first tyme we had charged hym with falce accomptes and after reconynges. truly i was ashamed to heare hym in such a humor; yet, after, yt seemed he recanted, for he came to me and asked me yf i know of any such matter. and i answerd hym, it apered by mr. eatons accompt that he had them, wherof i know yow (_sic_) have a coppie under his owne hand. so he went away, and said nothing to the contrary. matabio oye dono, our host of oisa,[ ] sent me a letter with a present of greate fyshes, to know whether i were in health or no, for that i was sick in his howse, and not heard any news whether i were recoverd or noe. he sent this man leagues with this present only to see how i did. so i gave his man an _ichebo_ of gould to pay for his horshier and wrot a letter to his master. we went this day to vizet a greate temple of yemia fachman, the god of war, with an other god, as they take it, joyned with hym, which every th day of eache moone the people goe on pilgremage to offer to the shrines; and this was the th day, which made me the more willing to goe to see it being accomplished, with capt. adames, mr. nealson, and others. and i doe verely thinke there were above , people, men, women, and children, which went this day upon devotion to that place, and in many places in the way were comodies (or plaies) to be seene, and other showes; and before the temple the sorserars or witches stood dansing, with knottes or bunches of hawcks belles made fast to sticks, which they held in their hands, mumbling over sertayne prayers. but that which i tooke most note of was of the liberaletie and devotion of these heathen people, whoe thronged into the pagod in multetudes, one after an other, to cast money into a littell chapell before the idalles, most parte, or rather all which i could see, being _gins_ or bras money, whereof of them may vallie som _d._ str., and are about the bignes of a _d._ english money; which coyne (or brasse money) they cast in by handfulles, and then came out of the temple, delivered a writing to one that sat within the dore, who piled them one on the top of the other. and so the pilgrams turned on the left hand of the entry of the pagod, and in a gallery went tymes about it, and soe departed away. there was many of gentellmen which went on horsback to doe these devotions in the forme as afforsaid. and soe, as we retorned, we went into a _vento_[ ] or tavarne, where we dyned of presentes and bankets which were brought us; and gave to the howse _gins_, and the servantes ditto. cacayemon dono came to vizet me, and tould me many matters, how his master and all the rest of the councell were offended against the hollanders, etc. [ ] oiso. [ ] span. _venta_, a roadside inn. _october ._--capt. adams went to cort about our busynes, and there saw jno. yoosen, the hollander, delivering up a present to themperour and getting out a _goshon_. mr. nealson envited cacayemon dono and torazemon dono to supper this night, and had the dansing beares. this day at clock after nowne an earthquak. _october ._--chauno shrogero dono, emperours factor, sent me a letter of his retorne to edo; and i retorned hym answer, desiring his frendship to procure us emperours _goshon_ to carry our shiping to langasaque. capt. adams went againe to cort, to gett our dispach, but retorned only with a nodd from the counsellors, with a smile. also he understood that for daies space jno. yoosens present is not yet deliverd, although he tendered it each day. and i had forgotten to note downe that caquemon dono, secretary of oyen dono, tould me that the said yoosen brought a present to his master, which he asked hym whether it were stolne goodes or noe, for that, said he, the hollanders are now well knowne to be comune theevs, etc. also, capt. adams being at cort, oyen dono asked hym wherefore he came; whereunto he answered that he came for the dispach of thenglish capt. "whie," said he, "is he not gon? it is almost a month past since i thought he had byn gon." this he spoake in hearing of jno. yoosen, and soe went away laughing, for what event i know not, only capt. adames thought it was in mocking ye hollanders. _october ._--capt. adames went to castell to have gotten our dispach, but retorned without doing any thing, the emperour being gon to looke on them which shott at blank with hand guns or kalivers. also he saw jno. yoosen, the hollander, still with his present unreceaved, attending their pleasures. capt. adames went to cort to get our dispache, and the councell gave hym order to com to them to morow morning, for that they would talke with hym. the emperour went this day a fowling, and with his owne handes kild elkes (or wild swans), which coming out to send them abroad to his brothers and frendes (after his retorne to his pallace or castell), he saw jno. yoosen stand in a corner with his present, and asked what he was; and, being knowne, he went away asking whether he were a hollander, and yt was answersd hym yea. "whie," said he, "it is reported this fellow is much indebted and will not pay his creditors." unto which a frend of his answered, it was to the hollanders, his cuntremen, and to noe others; wherin his frend lied, for he oweth to divers others. yet upon this report his present was receaved. _october ._--i went and vizeted chawno shrogero dono, and desird hym to be a meanes to get our dispach; and he tould me he would, and for our going to langasaque with our shiping, we might doe it yf we would, as well as to firando, for that it was all one to this emperour, soe we might doe it. capt. adames went to cort, as the councell did bid hym, but attended most parte of the day, and then retorned without geting out our dispache. _november ._--this day we reconed with yadeo dono, partner with neamon dono; but much trowble we had with hym, for he would have put lodghier, incomiendo, and servantes wages to acco. for goodes sould, and yet have kept all the profit to them selves, over and above the bare prise left with them, they having, upon my knowledg, sould it for much more. also he would have put som thinges sould at a lower price then it was left at, with other unreasonable matters. soe i referd all to capt. adames to make an end of it, without going to law, where i am ashewered we should have fownd small right, as i have known per experience. _november ._--jno. yoosen came to vizet me, and brought me a present of sweet meates, enviting me hom to his howse, etc. yt seemed by his speeches he was not well pleaced with the hollanders liberallety towardes hym, considering the paynes he had taken for them, for which he hath the ill will of the _tono_ of firando and divers others. capt. adames went to cort to get our dispache, but themperour was gon out a hawking and the councell a feasting; soe nothing was donne. _november ._--i receved three letters per expres, viz.:-- from ed. sayer and jno. osterwick, dated in firando, th october; from capt. whaw, china capt., at langasaque; from jno. _jurebasso_ at firando--all to sett out _goshons_ for chinas, yf i can, one for tonkin, and other for taccasanga. capt. adames went to cort to get our dispach, but retorned without doing anything. only oyen dono asked hym whether i were gon or no. unto whome he answerd, how i could goe without lycence of themperour. so he tould hym i did well, and that we should forthwith be dispached. there was japons of langasaque with presentes to get out _goshons_ for cochinchina; but they and their presentes were sent away without any answer, but that they might com an other tyme, viz. capt. barnardo, cutarro or gotarro, manuel gonzalves man. _november ._--i went to oyen dono, accompanid with capt. adams and mr. nealson, and by good fortune met hym in the street at his owne dore, desyring his lordshipp to get us our dispach from themperour, which he promised to procure forthwith, being ashamed (as he said) we staid soe longe, and with all tellinge me he was beholden to me. _november ._--yisternight at a clock was an earthquake, which for a good while shooke very much. capt. adames went to cort to get our dispache, and was answerd we should be dispached to morow. the japons presentes, which came for _goshons_, were receved. _november ._--the emperour sent me silk _keremons_ (or coates) for a present, wherof i gave to capt. adames, to mr. nealson, and to our host of miaco, magazemon dono. _november ._--i forgot to note downe that there was a comett (or blasing star) which hath appeared this or daies som hower before day, easterly, a littell to the southwards; but it is so neare the sunne that we could see nothing but the teale, yt being of a hudg leangth, and doth, by littell and littell, draw to the westward, sotherly. also this day i went and took my leave of all the lordes of the councell, but spoake with none but oyen dono. and, as we retorned, about a clock, hapned a greate earthquake, which caused many people to run out of their howses. and about the lyke hower the night following hapned an other, this cuntrey being much subject to them. and that which is comunely marked, they allwais hapen at a hie water (or full sea); so it is thought it chanseth per reazon is much wind blowen into hollow caves under grownd at a loe water, and the sea flowing in after, and stoping the passage out, causeth these earthquakes, to fynd passage or vent for the wind shut up. _november ._--we dyned at king of firandos brothers, where we were kindly entertayned, and i carid him a _barso_ of wyne and a fresh salmon for a present. the people in this place did talke much about this comett seene, that it did prognosticate som greate matter of warr, and many did ask me whether such matters did happen in our cuntrey, and whether i knew what it did meane or would ensue therof; unto which i answerd that such many tymes have byn seene in our partes of the world, but the meanyng therof god did know and not i. _november ._--capt. adams was sent for to cort about our _goshon_ of last yeare, to know what junk it went in to cochinchina, and, as it is thought, andrea dittis, the china capt., hath deceaved me, and delivered my _goshon_ to seme dono at firando and served his turne in his junck, which now is com out. these matters are com to light per meanes of seeking out the truth of sturrs which happened in cochinchina with japons against chinas, whereof the king of cochinchina advized themperour of their unrulynesse; soe that it is thought noe _goshons_ will be geven out for that place this yeare. the comet apered this mornynge greater then any tyme before. _november ._--i went to chawna shogero dono this morning to desire hym to get out our _goshon_, which he promised me he would, and desird to buy som corall of me, yf i had any. soe i sent hym that which i had, out of which he took _mas_ _condrin_ wight, and would have sent me money for it; but i gave it hym. towardes night torazemon dono and an other gentellman came to vizet me from king of firando, unto whome i made knowne how semy dono had used me about my _goshon_, which was thoccation i was staied heare soe long tyme without my dispach from themperour. _november ._--i went and tooke leave of king of firando, i being ready to retorne to morrow for miaco, and fownd him very weake and sick; yet he gave me very kind entertaynment, and wrott letters (as he tould me) to his brother and semy dono, to pay me the rest of money he oweth to the company and to doe me justice against gorezano and all others. and before night torazemon dono and wrot me a joynt letter to deliver them my _goshon_ for use of semi dono; which i denyed, and wrot them answer therof. _november ._--i went to cawno shogero dono about the report geven out of selling my _goshon_, and he tould me that the capt. of semi donos junck is com up and witnesseth that semi dono sould hym my _goshon_ for _taies_; so that, yf the matter should com in question before the emperour, it would cost som men their lives. yet, for his parte, he would doe the best he could to amend all, and said it was better i stayd here or daies to se all ended, for, yf i went away, nothing would be donne. _november ._--the comet doth contynew still till this day, drawing towardes w. southerly. about a clock at night a fyer began in the north parte of the citty of edo; but it was calme wether; otherwais much hurt had byn donne. yet ther were a few howses of pristes (or _boses_) servantes with pagon temples burned in divers places a greate distance one from an other, many merchantes howses and tradesmens howses betwixt, and yet it passed over all them without doing harme, and only burned downe the other, as aforsaid; which many esteeme a handy work of god. _november ._--i forgot to note downe how the night past, when the fire was neare to the king of firandos howse and cakayemon donos, i sent or men to have holpen them, yf need required; but the streetes were so stopped that non could passe but one as a messenger, to tell them of my good meanyng, which they took in good part. _november ._--there was presentes geven to andrea and maddalyna, his wife, mrs. adams sister, in repect they had sent us presentes of _barsos_ wyne, frute, and a fresh salmon, and came from orengaua, daies journey, to vizet us, viz. peece velvett, pece damask, and _mas_ wight corall. mr. nealson fell sick on a sudden of a fever with a bloody flux, in greate extremety; so we sent for one of kinges chirurgions, to take his councell, mr. nealson being very ernest to be lett blood; but he councelled the contrary, saying it was nothing but an extreme cold he had taken which drove hym into this excesse or fever, which, out of dowbt, was his syting in his shert and a gowne or howrs together on the topp of the howse, to look at the fyre when the pagods were burned nightes past. _november ._--yisternight about a clock was an other fyre. _november ._--we went to see the emperours eldest brothers howse, called shrongo samma, being envited to doe it per the ould emperours cook, who sent me a present at shrongo and came hither and vizeted me or tymes since with presentes, besides this frenship. so i sent hym a peece of damask for a present. this howse we saw cost the workmanshipp, besides the tymber and all other stuffe, bars of oban gould at _l._ _s._ str. per bar. and his yonger brothers have made other howses adjoynying unto yt, not much inferior to the others. and it is to be considered that all these buildinges are of tymber, covering and all, but soe guilded over with gould, both within and without, that it sheweth most gloriouse to the eye, but endureth but or yeares, and then build an other new; which they accompt a greate glory and take it a base thing to dwell in a howse builded by his predecessors. capt. adames went to court againe to get our dispach, but did nothing. soe he talked with chawno shogero dono about my departure from hence to morrow, i having busynes at miaco and else where, and that capt. adames, havyng busynes to stay heare or daies after me, might bring it with hym. _november ._--we departed from edo this day, after nowne, and gave presentes as followeth:--to capt. adames _tatta_ black cloth, and one peece damask; and to mrs. adames peece cushen velvett, peece damaske, and _mas_ wight corall; and to mrs. adames sonne josephe pec. velvet; and to his doughter susanna pec. damask; and to his wives mother pec. damask; and to tome dono, _jurebasso_, pec. taffety; and to jacobe dono, his clark, pec. taffety. and geven to servantes in house _gins_; and paid for our diet _tais_. and so we went to bed to sheningaua, leagues from edo; and paid charges, supper and breckfast, : : , and to servantes _gins_. _november ._--an hower before day we saw an other comet (or blasing starr) rising just east, in the constellation of scorpio. it is a mighty comet, and, in my opinion, bigger then that which was seene when sebastian, king of portingall, was slayne in barberry.[ ] and paid for a colation at caningaua[ ] _gins_. and for dyner at todska[ ] _gins_. and for ferrying over water _gins_. and so we went to bed to oyse;[ ] and paid for supper and breakfast _ichebos_, and to servantes _gins_. [ ] slain in battle in marocco, th august, . [ ] kanagawa. [ ] totska. [ ] oiso. _november ._--we broke fast at wodowra,[ ] and paid _gins_. and dyned at facony,[ ] and paid _gins_. and la all night at mishma;[ ] and paid for supper and breakfast : : , and to servantes _gins_. [ ] odawara. [ ] hakone. [ ] mishima. _november ._--we went to dyner to yoishwarra,[ ] _gins_; and to supper to yegery,[ ] and paid : : , and to servantes _gins_. and paid at passag at fagicaw[ ] _gins_. the first comet was not seene after this night. [ ] yoshiwara. [ ] ejiri. [ ] fujikawa. _november ._--we dyned at shrongo;[ ] and paid : : , and to the servantes _cash_. and soe we went to supper to fugida;[ ] and paid to the howse night and morning : : , being in _ichebos_, and to servantes _gins_. [ ] suruga. [ ] fujieta. _november ._--we dyned at nisakay;[ ] and paid _ichebo_, and to servantes _gins_. and went to supper to meetsque,[ ] and paid for night and mornyng diet _ichebos_ and _gins_, and to servantes _gins_. [ ] missaka. [ ] mitske. _november ._--we went to dyner this day famma mattes,[ ] where, mr. nealson being sick, we staid the rest of the day, and paid for dyner, breckfast, and supper _ichebos_ _gins_; and for passage at a river _gins_; and to _rockshakes_ to cary mr. nealson _gins_. [ ] hamamatsu. _november ._--we dyned at arra,[ ] and paid _ichebo_ and [hundred ?] _gins_; and for passage at a river _gins_; and to _rockshakes_ to cary mr. nealson _gins_ or _ichebo_. and so we went to supper to ushinda,[ ] and paid evenyng and mornyng _ichebos_; and to servantes _cash_ or _gins_; and _ichebo_ for cutt _tattams_ spoiled per our people. the _tattams_ afforsaid were cut by co john and other knaves, as we went up, unknowne to me till capt. adames had receved a letter therof. [ ] arai. [ ] yoshida. _november ._--we dyned this day at acca sackey;[ ] and paid _ichebo_, with _gins_ to the servantes. and went to supper to occa sackey;[ ] and paid _ichebos_ and _gins_, and to servantes _gins_. this day we mett the _dyres_ women going towardes edo to fetch one of themperours doughters to be married to the _daire_. [ ] akasawa. [ ] okazaki. _november ._--we went to dyner to mia,[ ] and paid _ichebo_ and _gins_ to howse and servantes; and passed from mia to quano[ ] per water; paid barkhier _ichebo_ _gins_. and paid for diet at quano, night and morning, _ichebos_ _gins_ to howse and servants. and to our ould host for his pains _ichebo_, and to an other man which brought a present _mas_ _condrin_; they taking paynes to goe to the king of quanno, to whome i ment to have geven a present for his kyndnes as we passed towardes edo, but he was not within; so his secretary exskewsed the receving thereof, with many kynd wordes that he would mak it known to his master. but there was musk cods geven the admerall, borowed of richard king. and in the mornyng, as we were going out of the towne, the street being full of hackneymen and horses, they would not make me way to passe, but fell a quareling with my _neremoners_, and offred me greate abuse, som of the townsmen taking their partes. but, when they saw me about to goe to the _tono_ to complaine, they made frendes to speak unto me, and asked me forgivnes on their knees: they being in danger of lyfe, yf i complained. [ ] miya. [ ] kuwana. _november ._--we dyned at ishaquese,[ ] and paid _ichebo_ _gins_; and went to supper to sheque,[ ] and spent night and morning diet _ichebos_ and _gins_, and to servantes _gins_. [ ] ishiyakushi. [ ] seki. _november ._--we went to dyner to chuchamy,[ ] and paid _ichebo_ and _gins_ for diet and servantes. and to supper to ishebe;[ ] and paid for dyet _ichebos_ and _gins_, and to servantes _gins_. [ ] tsuchiyama. [ ] ishibe. _november ._--in passing by cousattes,[ ] our host sent his sonne to desyre us to enter into his howse, and made us a banket. soe i gave hym an _ichebo_, and _gins_ to servantes. and at setto,[ ] leagues short of oates, our host magamon dono had provided a banket for us. and so we dyned at oates,[ ] and paid _ichebo_ and _gins_ to the howse, and _gins_ to the servantes; and betwixt oattes and miaco skengoro dono and makey dono mett us in severall places with bankettes. soe this night we arived at miaco, haveing made leagues this day. [ ] kusatsu. [ ] zeze. [ ] otsu. _december ._--we were envited to cuemon donos sonne to dyner, where we had very niggardly fare for our selves and worse for our servantes. this fello is grubstretes sonne, and worse then the father, and that needes not. _december ._--our hosts kinsman, dwelling at oates, brought me salted cod fish and mr. nealson for a present. he mett us at a towne beyond oates, leagues, with a banket at our retorne from edo, and with an other as we went. _december ._--i bought and paid for my selfe, viz.:-- duble womens gerdelles, cost duble wo. gerdelles, cost duble gerdell ditto, cost watty of silke for a _keremon_ halfe peece ben silk to lyne a _keremon_ --------- and we bought bundelles writing paper, cost _tais_. _december ._--we were envited to dyner to mackey dono and had kynd entertaynment. and he gave me a pike for a present. and there were presentes geven to shebe dono, grubstreetes sonne; and to magamon donos kinsman at otes. and i paid our hostis for embradoring and making matingas _keremon_ a bar coban, : : . _december ._--our host of miacos brother in law envited us to dyner to a place of pleasure without the cittie, where the dansing beares were, with a greate feste. and there came an antick dance of saters or wild men of other japons, unto whome i gave _gins_, and a bar of plate to goodman of howse, containing : : . soe the dansing beares were sent home after us. _december ._--giffio dono delivered us upon his master tozayemon donos accompt, as not being sould, viz.:-- muscovie or russia hides. peeces stamet bayes, containing - / _tattamis_. remnent black bays, " " remnent strawculler bais " - / " all brod cloth: no. brodcloth strawculler, containing - / _tattamis_. no. ditto strawculler, containing - / _tattamis_. no. murey, containing - / _tattamis_. no. murey " - / " no. popinge " - / " no. popinge " - / " no. sadd blew " - / " and _tatta._ strawculler, no. unknowne. our hostis sent me a present, viz. _keremon_ for a woman, peare _segdas_ or womans shews, codd fish called in japon _tarra_. and she sent mr. nealson the lyke, with codd fish. and the host of the howse where we hadd the banket brought me a present of eating stuff in boxes. and cude dono of firando brought me a _barso_ of wine and a banket, _nifon catange_. i sould skengero dono rest of my corall, containing _ta._ _mas_, for _taies_. _december ._--we went this night to supper to fushamy, and gave presentes to magamon dono, our host of miaco; to skengero dono, his son; and to our hostis. and i gave her littell doughter an _ichebo_ of gold. and there was paid out for diett _tais_, and to the servantes in howse _gins_. _december ._--we went from fushamy to osakay this morning, and gave presentes: to our host _tatta_ black bayes; and to his wife one peece ordenary taffety; to his doughter a gerdell, cost _mas_; to ric. cocks, his sonne, a coate, a gerdell, and shews, cost : : ; to wickham, his sonne, a gerdell and shews, cost : : . and to servantes in howse _gins_, and for dyett _tais_. and i gave a bar plate to maky donos sonne, containing _tais_, he bringing hym to me to geve hym the name of richard cocks. i gave also _tay_ to mr. nealsons boyes syster; and _ichebos_ to dansing beares which followd us to fraccata. _december ._--i forgott to note downe, the th day of this month, after goodes receved of giffio dono, that there wanted or rested yet to rec. for his master toz. do. acco. goodes left with him. no. , halfe brod cloth strawculler, containing - / _tatta._ no. , halfe " " " - / " no. , halfe " " " - / " more bayes black wantes " and bayes straw " and in money due per salles and lent hym at firando ----------------- _december ._--capt. adams arived at osakay, but brought not the _goshon_ with hym, but left his man to bring it after, non yet being geven out per meanes of the brute betwixt the japons and chinas at cochinchina. _december ._--tome dono the _jurebasso_ retornd to miaco with his kinsman, and had geven them for horshier _tais_ plate bars. _december ._--we sould maky dono, in truck of _maky_ ware, viz.:-- brod cloth, no. , hayrculler, containing - / _tat._ brd. cloth, no. , cynemond, " " brd. cloth, no. , strawculler, " " stamet bayes _tatta._ at vj _tay tat._ ------- ------- for which he is to deliver me, upon my owne accompt, within months after date hereof, in _maky_ ware, viz.:-- scritorios, according to measure, at _tas._ combcases, at - / _mas._ peece is beetell boxes for king syam, at _tais_ pec. the rest being _tais_ in other ware or money ------- ------- mr. eatons littell doughter helena came from sackay to vizet me, and brought me a banket for a present, japon fation, brought per her nurce, the mother being sick. and i sent her mother, by her, a bar plate, and gave the nurce _mas_ small plate. and cuemon dono, grubstreet, our host, gave me a present: sleeping silk _kerremon_, codfishes, bundells sea weed drid, _barsos_ of wyne, _barso_ of vinegar; and to mr. nealson silk _catabra_. _december ._--this day we went to sakay to dyner, to meet tozayemon dono, our host, whoe i am enformed is newly arived from firando, and i would cleare acco. with hym. and, being at sackay, i bought for helena, mr. eatons child, these thinges following, viz.:-- silk _kerremons_, at _tais_ peece is peare _tabis_, at _condrins_ peece gerdelles in peece, cost pere shew stringes, cost ------- ------- _december ._--i bought this day _keremons_, outside silk and inside lynen, cost _kerymon_, all silk, cost for my boy larrance. black _kerremons_ for women, of silk also i paid for a scritorio with brass garneture : : . _december ._--we retorned to osakay; and paid for our diet and other bankettes : : , and to servantes : : . ther was theevs taken at osakay and put to deth, being of the consort of roages sworne to robb and spoile all they could, and had a head or master over them. so ther is much looking out after the rest; and were discoverd per a woman. _december ._--i rec. a _cubo_ (or womans box) from maky dono, cost _mas_, which i sent hym by his man; and wrott hym a letter to make me chirurgions boxes and salvatoris to them, _maky_ ware. _december ._--yechere dono, _alius_ cynemon dono, brought me a present of barrilles of wyne. and i bought for woman dono:-- _kerremon_, cost more, for silk watto to put into it more, gerdell, cost more, peare _tabis_, cost more, peare stringes for them, cost and geven her in money to buy oyle bar plate --------- --------- susannas uncle sent me a letter from sakay with pewter bottelles for a present. _december ._--this day at nowne we sett forwardes towardes firando, and gave out presentes to cuemon dono, host at osakay, to his wife, luisa dono, and to their sonne. and for our diet in plate bars : : . and bar plate to gifio dono of sakay for riding up and downe about busynes. and there was _ta._ _ma._ paid per mr. nealson for a barke to carry us aboard. and our hostes sonne and other frendes, with capt. adams, accompanid us to dembo, leagues from osakay, where we road at an ancor all night, the wind being contrary. _december ._--cuemon dono, _alius_ grubstreet, our host, came aboard our bark within night with a banket. and i wrot a letter to capt. adams of our stay this day per meanes of contrary wynd and tide. unto which he retorned answer, and sent me _muchos_ (or loves of bread). _december ._--we set forward from dembo, or rather incobe, at osakay this mornyng, passing the bar of osakay, and arived at fiugo[ ] at nowne. the wind being contrary, we staid at an ancor all night, having mad leagues this day. after this night, the comett, or blasing starr, was seene noe more, and ended under the d starr in chorls wayne or ursa maior. [ ] hôgo. _december ._--we tarryed all day and night at fiungo. _december ._--we gave rice and fish to all our barkmen to dyner this day, with a _barso_ of wine, in respect of christmas day. and meeting with a man of yechero donos, i wrot a letter to capt. adames of our puting into this place per meanes of contrary wind, and that yf he understood tozsayemon dono were arived at sackay, to send me a letter expres per a _tento_, to thend that yf the wind remeaned contrary, i might put back to sackay, or else send mr. nealson, to look out for the _taies_. _december ._--we departed from fiungo, and paid to the host : : , and to his littell sonne : : , and to servantes : : . soe we made leagues this day and night, and came to an ancor at shemuts,[ ] leages short of bingana tomo. [ ] shimotsai. _december ._--the wind being contrary, we staid here all day and night following; and, the wether being cold, we had a fyre made with a few charcoll in my chamber, in a place of purpose for such occation, dawbed about with clea. but it seemeth it was decayed, for, after i was in bedd, it took fyre beloe (not being seene before). and had not som of our servantes byn up late, i had byn burned in my chamber, in such a place that i could not have gotten out. for the fyre began within foote of the place i did lie in upon the mattes; and, when they came in and fownd it, yt flamed up brest hie, but, god be thanked, was sowne quenched without hurt. _december ._--the _tono_ or king of this place is a yong man called mats dayre cunay dono, of som years ould; the cuntrey called bigen[ ] sshmutsa; his revenews esteemed at (as our host his vassall tould me), [ ] _mangocos_ per anno. he is now at edo per themperours comandment; and som yeares past his father builded a greate castell or fortresse in this place, which was pulled downe yeares past, when all (or the most parte of) the fortresses in japon were dismantelled and utterly ruenated. the ruens of this are to be seene very large at my being heare. we departed from shemuttes, and arived at bingana tomo within night, having made leagues. sent a bark to miwarry[ ] to buy _barsos morofack_ to carry to firando. [ ] bizen. [ ] blank in ms. [ ] mihara, in bingo. _december ._--i bought and paid for peare _shegdas_, or womans shews, _mas_. _december ._--the wind being contrary, we could not departe; but receved barilles _morofack_ from miwarra, cost : : . _january , / ._--we departed from bingana tomo, although the wind were contrary, and paid out for diet : : , for barkhier and a man to fetch wine from miwarra : : , to servantes : : . and we gave to our hostis of bingana tomo for a present one salmon and codd fysh, and to her doughter a pikture of christ and two musk codds. soe we made this day and night following leagues. _january ._--raine and heale per night, a very storme or tuffon. so we went but leagues this day, and ancored under an iland or rock. _january ._--we wayed ancor, and with much adoe gott to an other iland to a roade, the village called sua, having made this day leagues, but, wind serving after, we gott to camyna seak[ ] by break of day, having made per night leagues. [ ] kaminoseki. _january ._--we gott this day and night following from camina seake to chimina seake[ ] by break of day, having mad leagues. but som or leagues short of shimina seak our boate ran against a rock in the water, that it was a woonder she was not split in peeces, but being a strong new boate shee had noe hurt. god be praised for it. [ ] shimonoseki. _january ._--our host at chimina seak came abord of us, and brought me a _barsoe_ of wine and a bundell of drid cuttell fish for a present, but, the wind being good, we did not stay, but put to sea. the wind being contrary, we were forced to put back leagues which we had gotten, and to enter into a port in faccata called ashia[ ] (or asha), where we staid all night, and went ashore; and paid to howse : : , and to servantes : : , and for fresh fish bought to carry abord. and so we made this day leagues. [ ] ashiya. _january ._--we departed this mornyng at sunne rising from ayshia, and the morow morning, at lyke hower, arived at langway[ ] in crates, having made per day and night leagues. i forgott to note downe that the towne of ashia was sett on fire some daies past by drinking of tobaco, where their were above howses burned, and of the ruchest men in the towne burned in adventuring over far to save their monies and goods. amongest the rest a mynt man was one of them, whome was noted above all others for a badd covetous man and one that had gotten his goodes uncontionably. [ ] nagoya. _january ._--we departed from languay at sunne rising, and about a clock were forced by a tempest (or tuffon) of wynd and rayne to put into a harbor of firando, called awoe, leagues short of firando, the sea being so overgrowne that we could not keepe it out to gett to firando. soe we made leagues this day. _january ._--we arived at firando this day about nowne, having made leagues this day. the _tono_ and all the caveleros sent messengers to bid me wellcom home, and all the neighbours and other frendes came in person to doe the lyke. and at our passing by the english shipp which the hollanders had taken, they shott affe peeces of ordinance to wellcom me, which i tooke rather in scorne then otherwaies. _january ._--i sent presentes as followeth, viz.:-- to tonomon samma _barsos morofack_ and salmons. to bongo sama _barso morofack_ and salmon. to taccamon dono the lyke. to oyen dono the lyke. to andrea dittis, china capt., _barsos morofack_, and salmons, with one silk _kerremon_ geven me per emperour; and an other silk _keremon_ same to his sonne augustine; and a silke gerdell, a pere _morofak tabis_ and string, with a perfumed fan to capt. chinas wife; and a box or littell trunk _maky_ ware, and a silverd fanne to his eldest doughter, with a pere _tabis_ and stringes; with an other silverd fan to his yongest doughter. to ed. sayer a silk _kerremon_ geven me per emperour. to jno. osterwick the lyke. to mr. wickhams woman a silke gerdell, a perfumed fan, a pere _morofak tabis_ and stringes; with the lyke to mr. eatons and mr. sayers women; and allso to mr. nealsons and mr. osterwicks women. and to jno. portus, robert hawley, and jno. cooke, eache of them a peare of lether buskins; and to each of their women a peare _tabis_ and stringes, with a silverd fanne. and to matinga ruch _kerremons_, with gerdelles to them, a womans box, a box to put gerdelles in, a peare _tabis morofak_ with peare stringes, and peare small _beaubes_. and to susanna a box with a gerdell, a peare of _tabis_ and stringes. and to otto, matingas mad, a gerdell, _tabis_ and stringes. and to gynne, littell otto, and besse, each one a pere _tabis_ and stringes. and to littell wm. eaton a gerdell, _tabis_, stringes, and silverd fan. and to my boy larrance, to geve his mother, a gerdell. also yoskes father sent me a pigg for a present. _january ._--i understand that in my abcense at emperours cort that the hollanders misused me in speeches, which som frendes hearing reproved them for it, and they made answer, a t---- for me and them to. and after, mr. sayer and jno. portus going along the streete, the hollanders cast a cup of wyne in the faces of them. where upon they grew into wordes, and fell together per the eares; in which broyle jno. portus broke a hollanders pate with his dagger. i doe know that speck, the holland capt., sett them on, otherwais they durst not have donne it. soe herupon jno. osterwick and jno. portus went to the hollandes howse to know what their meanyng was to use us in such sort, and withall to tell hym that yf it were by his instigation, to challeng hym and his second into the feeld to answer ed. sayer and jno. portus, or any other the prowdest hollanders he would apoint, yf he durst not doe it hym selfe; that they were base people in respect of thenglish, and i a better man then hym selfe or any hollander in these partes. capt. speck exskewsed hym selfe, and said it was unknowne to hym (yet a lie), and soe put them affe. yet, after, they did not attempt such matters noe more. tozayemon dono, being now ready to retorne for sackay, wanteth and odd _tais_ of the somo plate lent hym before my going up. and soe i dowbt he will play the gemeny with us, and that it will not come in tyme to send it for cochinchina, as it is ordayned. yet he sayeth he will pay duble yf it com not in tyme. we have now no remedy but patience. we were envited this day to dynner to andrea dittis, the china capt., (all thenglish), where we hadd good cheare. and in the ende he brought me his littell doughter of an yeare ould, called ingasha, willing me to geve her a christian name, and esteeme her as my doughter. soe i gave her the name of elizabeth. and he gave me a present with her, as followeth, viz:-- _ta. ma. co._ silver candell stickes, poz. silver branches, gouldsmiths work peeces grogran, which i esteem at _ta._ peece peeces cheremis, or silk sipers, estemed at as much ------------ ------------ with _barsos_ wyne and fyshes. capt. whow sent me pound sitrons for a present. _january ._--heale and snowe all day, and lyke per night following. divers caveleros sent me frute and other eatable presents, and came to bidd me wellcom home. i cut a peece of green damask, and made _keremons_ of it for helena, mr. nealsons gerle, and mr. wickhams gerle, and lyned them with a peece japon taffete. also i gave susanna a _keremon_ of them i had of tozayemon dono, and lyned it with a peece redd taffetie. _january ._--cold, frosty, snowie wether, wind northerly, and soe remayned all day and night following. soe this is the deepest snowe i sawe since i came into japon. mr. sayer and mr. osterwick wrot letters to syam to send in the holland junck in my abcense, capt. speck assuring them conveance. but this day he sent them back againe, saying that they fownd them under albartus bed, whoe had forgotten them and left them behind hym. but this is one of specks tricks, whoe, out of dowbt, had opened them before. but the worst is, ed. sayer and jno. osterwick were soe unadvized that they noted in their letter how i sent others per same conveance, which i did per a japon unknowne to the hollanders, which i dowbt now will be intercepted: which angereth me not a littell. _january ._--this mornyng still cold, snowey wether, with much wind northerly, and soe remayned all day and the lyke per night following, with a hard frost. [_here there is a gap in the ms._] _december _ (_shimutsque _), .--i receved a letter from cuemon dono, of nangasaque, that he hath beeves lying by hym, and our men will not take them, for that they are leane; and therefore he would have us to take of the best and leave the rest, and would send them by boate for firando at his owne charges. but i retorned answer that, yf his beefes hadd byn fatt and com in tyme, we had took all, and now hadd taken pork of hym in place thereof, for that i could not meddell in this matter to keepe leane beevs all winter, having neither hayestack nor pasture. _december _ (_shimutsque _).--mr. wilkyn, a purcers mate of the _james royall_, having byn sick of a consumption a long tyme, departed out of this world this night past, and was buried this day in our ordenary buriall place. capt. pring, capt. adames, and many other accompanied the corps to grave; and mr. copland, the preacher, made a speech out of the chapter read in the buriall. the king of firando sent word he was lame of a legg, and therefore could not goe abord the _james royall_ to see her, as he desired, and therfore thanked capt. pring for his love, wishing hym a prosperouse voyage. also capt. pring, capt. adames, capt. lennis, with the ij preachers, [mr.] browne, and my selfe, dyned abord the _bull_, and had peces ordinance at our departure. and i deliverd mr. robinson five r. of to pay, when in england, to my brother walter cocks. _december _ (_shimutsque _).--the _james royall_ went out to cochie roade this day, but, waying ancor too sowne, was put to the northward of foynes iland, and lost an ancor of c. wight; and, yf she had not quickly let fall an other, had byn in greate danger, the currant driving her to windward, against the seyles and above boates which toed her to leeward. yet, god be praised, the second ancor held and staid her till tide turned. the duch sent barks to toe her out, and i the lyke; and capt. spek and others came abord to bidd capt. pring fare well. _december _ (_shimutsque _).--the duch shippe _trowe_ went out to cochie road this day; and i sent out barkes to helpe to toe her, as they did the like to the _james royall_ yistarday. we bought the howse oque dono our overthwart neighbor, for c. x _tais_, viz. _tais_ to hym selfe, for princepall, and _tais_ to his wife in respeck our bakers made an oven and baked bread in the yard, and our maltman made malt and lodged all in the howse this monson. mr. eaton put to acco. lj _tais_ vj- / _mas_ rec. of mr. henry smith, purser of _james_, for lovs bread of flower which should have gon in the junck _godspeed_. _december _ (_shimutsque _).--i rec. letters from nangasaque, viz. from mr. chapman, of the th and th present, and from mr. badworth, of the th present, of thinges sent for firando in barkes, one of which is cast away, wherin mr. white of the _bull_ was. _december _ (_shimutsque _).--i rec. a letter from gonrok dono at langasaque, per his man yasimon dono, to sent price of our lead, and that he was ready to rec. it. and capt. speck rec. another to same effect. this yasimon dono offerd us - / _condrins_ for a _cattie_, which is - / _tais_ per _pico_, not the money it cost in england. and som speeches are geven out that our men above, at edo, are kept presoners. but i think it is a lie. yet there weare the like reportes the other day; which was occation i gave capt. pring councell to get out into cochie road, and will make as much hast as we can to gett out the _moone_ and _bull_. god send us good luck. and we sent presentes to the king of firando and his brother, tonomon samma, and to semi dono, as followeth. capt. speck, the duch comander, jno. johnson, and mr. leonard for hollanders, and capt. pring, capt. adames, and my selfe for english. for figien a camma, king of firando:-- _cattis_ white silke, viz. skeanes white, and twisted bunds., containing _tatt._ _tatta._ stamet brod cloth. pec. stuff, viz. branch sattin, with rozes, blak sattin, with gold, blak, with gold flowers. pec. redd sais, viz. greate, small. pec. white saies. pec. damaskes, greate. _pico._ of lead. _pico._ peper, with bagges of damask. for tonomon samma:-- _cattis_ white silke. _tatta._ stamet broad cloth. pec. redd sayes. pec. white sayes. pec. canton damasks. _pico._ lead. _cattis_ pepper, with a damask bagg. for semi dono:-- _cattis_ white silke. _tatta._ stamet brod cloth. pec. redd sayes. pec. white sayes. pec. canton damasks. _pico._ pepper and china basons. _pico._ of lead. _december _ (_shimutsque _).--andrea dittis, china capt., retorned this morning from nangasaque, and tells me he mett mr. sayer going ashore yistarday, as he was coming from thence. he sent capt. pring and me, each of us, a jar of _markasotes_, or sweet bred, and one to capt. adames. also i rec. a letter from mr. sayer, dated in nangasaque yistarday, wherin he writ that one faccata soka dono will lend us or _tais_ at intrest, yf we will. this day, at english howse, both we and the hollanders sett our fermes to books (one english, thother duch) containing the presentes geven the king of firando, tonomon samma his brother, bongo samma their greate uncle, and semi dono. yazemon dono of faccata hath lent us this day two thousand _tais_ plate of barrs at intrest, to pay ij per cento per month, is forty _tais_ per month. i wrot a letter to the _bongews_ of umbra to thank them for releeving our men cast away in the bark. and towardes night bonomon dono came from tonomon samma his master, and brought a pike and _langenatt_ for presentes to capt. pring and capt. adames. and presently after came semi dono with japon guns and _barsos morowfack_ for capt. pring and capt. adames, and brought a bankett after japon fation, to drink with them and take his leave, because he had no tyme to envite them to dynner. also the king sent men to put us in mynd that he hadd ordayned them serchers, to look out we carid no japons in our shiping. and i made answer we ment to carry out non but such we would formerly geve his highnesse notis of, but were loth to consent to a new custom to serch our shipps, never used hertofore, it being against our preveleges granted us per themperour. _december _ (_shimutsque _).--we supped all at duch howse, both capt. pring, capt. adames, and all the masters of the shipps and merchantes ashore, where we had greate cheare and no skarsety of wyne, with many guns shott affe for healthes all the night long. _december _ (_shimutsque _).--i went downe to cochie abord the _royall james_ to seale up my letters, capt. pring soe desiringe me. and the dutch mett us there at supper. and before i departed from firando i sent our _jurebasso_ to tell the new serchers apointed that i made acco. the _royall james_ would goe out to morow morning before day, soe that, yf they would vizet her, it were good they went downe this night. i did it because they should take noe advantage against me, being lardg tonged felloes as they are. _december _ (_shiwas _).--i delivered all my letters to capt. pring for bantam and england, viz.:-- joynt letter to mr. tho. brockedon and capt. augustin spalding, to bantam. privat letter to capt. spalding, with _maky_ skritorios to sell for me. to mr. adam denton in answer of his, and sale of a cloak for hym. to jno. beamond, with a _cattan_ from jno. _jurebasso_. to right worll. company, of shipping arived this yeare. to sr. tho. smith, in answer of recept of of his, with peare tables. to mr. wm. harrison, treasurer, with a peare _macky_ tables. to mr. mouris abbot, deputie, with a peare pleing tables. to my brother walter cocks, with xxiij _ll._ xv _sh._ to mr. totton. to christofor lanman. to capt. jno. saris. to mr. jno. barker. to andrew charlton. to tho. antony. to sr. tho. wilson. to mrs. mary adams. leger expedition from mr. robt. price. _december _ (_shiwas _).--i went downe to cochie againe, and wrot these letters for bantam and england:-- to mr. brokedon and mr. spalding at bantam. to mr. jno. ferrers at bantam. to mr. tho. ferrers at london, to pay _l._ to my brother walter cocks. to my brother walter cocks to receve it for acco. jno. ferrers. _december _ (_shiwas _).--capt. cleavenger, mr. cockram, and the hollanders did arive this day from themperours court, with busynes to their owne content, the lead being put at five _tais_ the _pico_, and the prize referred to the king of firando of the padres and friggat. i rec. these letters from edo and miaco, viz.:-- from oyen dono, themperours secretary, to capt. speck and my self with many good words in it, and how our men were gratiously rec. per themperour. from gentero dono, king of firandos brother, complementall, that he is glad of tharivall of soe many english ships this yeare, etc. [and others.] and i wrote these letters for england and bantam, viz.:-- to honble. company, of arivall of our men from edo. to mr. tho. brokedon and mr. augustin spalding, to same effect. to capt. spalding, with a nest of tronks for mr. denton. to mr. adam denton, to same effect. and i carid oyen donos letter to the duch howse, because it was directed to capt. speck as well as unto me, and it emported as much as i noted before, as also of the recept of the cheane of gould and presentes sent hym from honble. company. and capt. speck shewed me an other letter which came from codgsque dono, directed both to hym and me, and one to same effect as that from oyen dono. _december _ (_shiwas _).--the _james royall_ put to sea out of cochie roade this day before nowne with a good wind. god send her a prosperous voyadge. _december _ (_shiwas _).--i paid unto one of the smiths of the _moone_, a staffordshire man, for a fowling peece, fyve rialles of eight in spanish plate, is xx_s._ str. and there was brought ashore out of the shipp _elizabeth_ xvj canestars of silk, and xv bales black china stuffes, cotton woll, and hhds. of china rootes, all of prize goodes taken in the friggatt. the china blak stuffes somthing rotten. and i lent xij r. of to ij staffordshire men, to pay me _s._ per r. of yf they retorne to japon months hence; yf not, to pay x_s._ for r. of in england. the name of thone is smith, cook of the _moone_; the others name is asberry, a marrenar in the _bull_. _december _ (_shiwas _).--i forgot to note downe how yistarday a japon did beate an english man, and hald hym into his howse for r. ; but abraham smart met that japons man in our howse and put hym into the stocks, unknown to me. but i let out the japon, and put smart into his roome, although the japon hadd sett the other into bilbous--i meane the english man--wherof i complained to semi dono, and he caused thenglishman to be retorned, and bad me chuse whether i would pay the money to the japon or no. mr. sayer arived from nangasaque this day, and brought a letter from pheze dono of _tais_ plate barrs taken up of a merchant for months at ij per cento per month; also iij m. v c. _tais_ ditto more, taken up of soka dono of faccata at same term and intrest. _december _ (_shiwas _).--capt. speck and my selfe sent a letter to gonrok dono to nangasaque per mr. osterwick, co jno. our _jurebasso_ accompanyng hym, to deliver the councells letter to hym from edo to take all our lead at _condrins_ the _catty_, and make us ready payment. _december _ (_shiwas _).--the shipp _moone_ went out of firando to cochi roade this day at nowne; and the hollanders shott affe pec. ordinance at duch howse and out of the greate junck; and the _bull_ shott affe more; and the _moone_ answered with peces to them, and gave us at retorninge ashore. the hollanders sent out barks to helpe to toe her out, and i . _december _ (_shiwas _).--the shipp _bull_ went out this day, and i sent boates, and the hollanders , but the sea _bongews_ sent non. _december _ (_shiwas _).--we had a duble councell this day at english howse, first viz. amongst ourselves, thenglish, capt. adames, capt. clevenger, capt. lennis, and mr. munden, mr. cockram, mr. eaton, and my selfe assisting, viz.:-- . yt was agreed mr. ed. sayer shall goe merchant in the shipp _bull_, and robt. hawley and ric. king and harry dodsworth to goe in other shipping, duch or english, as shall be thought fitt. . allso that the coates or _kerremons_ geven per themperor should be prised, it being referred to mr. eaton and mr. cockram to doe it, and then to be destributed per the amerall and his councell to whome they pleased; they being coates of two sortes, one rated at vj _tais_ per peece, and thother at _tais_ peec.; and they which receve them to be bound to pay the money in england, yf the company like not of the geveing. the other was a generall councell both of us and hollanders:-- . wherin was sould a cheane of gould, poz. vj _tais_ nyne _mas_, which i richard cocks bought for c. x r. of , ready paid downe, the one halfe being deliverd to the english admerall, capt. adames, and the other to jno. johnson, the duch comander. but first there was xxiij r. of taken out and geven to capt. morgan, which he had formerly disbursed. so rest neate delivered to each one - / r. of . . and in this councell was agreed that the shipp _swan_ shall goe for manillas with the fleete at halfe charges betwixt the hollanders and us, i meane betwixt the ij compans. of england and holland, they first to geve in a trew acco. what it coms to. . also it was ordayned that ij english men shall goe in each duch shipp, and ij duch in each english shipp. . there was presentes sett downe to be geven to men in firando. _december _ (_shiwas _).--i gave out my bill for iij m. v c. _tais_ unto faccata soka dono, taken up at intrest for months at per cento per month, the bill being dated from the th of the japon _shiwas_, is daies past. also certen miaco men brought _tais_ more, telling me feze dono took it up att same rate for months, but they desiring a bill of my hand and our lead bownd for payment therof, with a letter to same effect to gonrok dono, i denid it, ofering them ether to take my bill or my letter, whether they would, or my bill without mentioning the lead and the letter to mention it. but they would not, but carid away their money. _december _ (_shiwas _).--we shott affe chambers and peces of ordinance this morning, it being christmas day. i gave _tay_ to mall nubery, the _caboques_ coming to vizet us. the _elizabeths_ company mutened, and ment to have stured up the _palsgraves_ company to the like, but capt. cleavenger clapt the messengers into the bilbos till the admerall determened of it. but a multetude of the _elizabeths_ men came to reskew them, and mr. browne, master of the _palsgrave_, sent them packing with broaken pates and kept the presoners; for which the muteners sware by flesh and fell they will kill them. one james littell, a scotsman, is verey forward in the muteny as a turbulent felloe. and capt. edmond lennis, capt. of the _elizabeth_, went ashore, not reproving those felloes for it. these felloes abovsaid in generall demanded in mutenose sort the fift parte of the merchandiz taken in the friggot, as also for other matters taken before, aledging capt. keeling did the like for priz goodes taken before. also it is said capt. lennis hath secretly detayned a cheane of gould taken in the friggot. _december _ (_shiwas _).--we envited the hollanders to supper this night in the name of capt. adams, admeralls name, as they before envited us in their comander capt. johnsons name; and we made them cheare to content. _december _ (_shiwas _).--mr. osterwick retorned from nangasaque and brought answer from gonrok dono that it was referd to his discretion whether he would take our lead at _condrins_ or no; soe he thought it too deare at that rate and ment to com to an other price. and one jacob littell, a scotsman, was taken prisoner for writing idell lynes to make the _elizabeths_ company to muteny, he being of that shipps company, and wrot those lynes to the _palsgraves_ company to have made them doe the like, but could not effect it per reason of capt. cleavengar and mr. browne prevented them. and this littell, being taken and sent to firando to be heard, broake out of the bilboes and sled (_sic_) we know not whither. _december _ (_shiwas _).--we went (with the duch) to vizet the king; and the admerall and vizadmerall gave hym to understand shipps were ready to departe, and therefore came to take leave of hym, which he accepted of in good parte, and thanked the admerall for the _baricas_ spanish wine he sent to hym the other day. we took up vj m. _tais_ plate barrs of souchio dono and cofio dono of miaco at intrest for months, at ij per cento per month. and i paid the shewmakers for xj peare slippers and shewes - / r. of in spanish money, viz.:-- r. . peare blak slippers for my selfe - / pear red slippers for my selfe peare shewes for mr. hely, the soulder - / peare shews for barnardo peare shews for malt man - / peare shews for the brewer - / peare for jno. forster the trumpeter - / _december _ (_shiwas _).--capt. speck came to the english howse to talke about going to nangasaque to gonrok dono, to settell the price of the lead. soe it was agreed capt. speck should goe for both partes to doe his endevour. and mr. eaton rec. xxv _tais_ of mr. cockram for peces stuffes, at _tais_ pece, to make aparell for servantes which went to cort. _december _ (_shiwas _).--yt was thought fytt and brought in question by the hollanders to trym up a china _sampan_[ ] to goe with the fleete, but she was fownd unservesable, and rather thought to proceade from the hollanders to protract tyme till capt. speck retorne from nangasaque, to see yf he can procure license from gonrok dono for men to goe out in their junck for bantam; yf not, then must they keepe hollanders, although they want them in the fleete. capt. speck went this day to nangasaque about the busynes spetified yisterday, and carid bottells spanish wine from hollanders and as many from us to present to gonrok dono. [ ] _san-pan_: literally, three planks. _december _ (_shiwas _).--i paid threeskore and rialles of eight, spanish money, to mr. joseph cockram upon a peare of gould masse beades waying _ta._ _ma._ _co._, to sell for hym in his abcense and make hym what other profitt i can. and i gave or paid for susan xvij- / _mas_, viz.:-- _ta. ma. co._ for a gerdell for a lyning for coate for flowers to dye _january _ (_shiwas _), / ._--i went to cochie to take my leave of the admerall and rest of our frendes, and remeaned theare all night. _january _ (_shiwas _).--there was a sea councell held this day abord the shipp _moone_, admerall, both of the english and duch, where it was debated what course they ment to take when they went out, being now ready to sett seale. and i gave all the cheefe comanders in our shipps each one a remembrance of my opinion tuching this pretended voyage for manillias, and that i understood there is xxiiij china junckes bound this yeare for manillias, and the course they ment to take as apereth per coopie of that remembrance dated in firando yistarday, being the th of january , curant. and i carid a butt of rack of pie abord thadmerall to parte it with thother shipps in respect of a butt of spanish wine geaven into the factory. and i sent xx. jarrs bisket abord the _moone_. _january _ (_shiwas _).--this morning betymes all our fleete, both english and hollands, being seale, put to sea towardes the manillias. god send them good speed. and capt. speck retorned from nangasaque, but did nothing with gonrok dono, for he will not take our lead at _tais pico_, although the emperors councell tould our men at edo they hadd wrott hym to doe it. _january _ (_shiwas _).--i went to the duch howse to see the laying out of the presentes to geve to noblemen, as per councell ordayned. and at that instant the king of firando departed towards miaco and soe for edo, the hollanders shooting affe store of chambers and ordinance. and i went after in a bark with capt. speck, and we carid hym jarrs concerves, i c. vj. _cattis_ grose tare, wherof _cattis_ grosse weare of myne, rest of hollanders. and unagense dono accompanying hym, we gave hym a present of pec. red says and pec. cheremis and - / _cattis_ silk. and i sent richard hudson to cochie to take notis of thinges left in our howses, and delivered them to shinso dono, greate domingos father, and weare as followeth, viz.:-- long shething plankes. shorte ditto. square tymbers. ladders. dores for gedonges, and dore lost out of littell howse. windoes to shutt. shipp boates or skiffes, without ores. and for the mattes, our marreners brutishly tore and cutt them in peeces, and carid such part they thought good away with them, in spite of them i lefte to keepe them, and would have wrong out staples and all iron work out of windoes and dores. and cuemon dono, our fleshman at nangasaque, retorned this day thither, and would not end accomptes with me, except i would alow hym i c. _taies_ plate of barrs put to acco. and paid hym per mr. ed. sayer, as apereth per cuemons owne hand writing; yet he will not alow thereof, but went away in a fustian fume. _january _ (_shiwas _).--i paid the japon glover for a peare pomps ij _mas_ small plate. and we went with the hollanders and carid presents this day to bongo dono, sangero dono, stremon dono, nagen or unagense dono, cacamon dono, oyen dono, jeamon dono, jensamon dono, taccomon dono, weamon dono.[ ] [ ] the presents comprised sayes, canton damask, silk, cheremis, lankin silk, and lead. _january _ (_shiwas _).--capt. speck, capt. leonard, albartus, and mattias envited themselves to our _fro_ and supped at english howse. _january _ (_shiwas _).--we envited our neighbours to supper on tewsday next, which provided thinges for our shipping, with the gunfounders, master carpenters, and smiths. _january _ (_shiwas _).--the china capt. delivered me ij small cheanes of gould, sent me in present out of china, viz. from chisian ducuco and from ticham shofno, ij of the emperor of chinas councell; but the last from ticham shofnos sonne, his father being slaine in the tartarian warr; they sending me word that we may have free trade into china, and the rather for that the ould king hath delivered up the goverment of china to his sonne. all our neighbours that weare envited on sunday last came to dyner this day, and had the _fro_ heate[d], and a play of _caboques_, unto whome i sent two bars of plate containing viij _taies_ vj _mas_. capt. speck came to me late to desire me to look out for capt. adames _goshon_ to get japons goe in his junck for bantam, he standing in dowbt that andreas, capt. adams woamans brother in law, is gone to nangasaque to make it away to others. _january _ (_shiwas _).--i wrott letters into china per conveance of andrea dittis, to chisian dicuco and to ticham shofno, of recept chenes gould, with other complementall matters. i lent my _goshon_ to andrea dittis, china capt., and itamia migell dono, to make a voyadge for tonkin or cochinchina, and to retorne it to me, voyadg enden, under a recept geven me in japons, fermed per both. _january _ (_shiwas _).--i was suretie for china capt. for _tais_ plate barrs, taken up at intrest at per cento per month from first of later moone of _shiwas_, being the th of this month of january, antedated daies, for month space; which is to be sent into china with _taies_ more from china capt. to procure free trade into china; which not taking effect, the china capt. is to repay the _tais_ back, with the intrest, for honble. companis use. _january _ (_shiwas _).--we sent our _jurebasso_, tome dono, with the hollands _jurebasso_, to nangasaque, with a letter to gonrok dono, with good wordes once more to desire his lordshipp to take the lead as the councell sett price. _january _ (_second shiwas _).--andrea dono, capt. addames brother in law at edo, arived heare this day, and brought the _goshon_ of capt. adams from themperour, which capt. speck soe much desireth to make use of to sett out their junck for bantam, otherwais she will loose her voyag this year (as she did the last). soe i made it knowne to andrea, who tould me he dowbted to doe it, in respeck of the badd tong of jno. yoosen that kept such a bawling at emperours court against it. soe he thought nether capt. speck nor i would be an occation to disgrace the children of the deceased capt. adams, whome we weare bound rather to favour then otherwais. and that which was more, he had, in the childrens behalfe, bought the halfe of a junck at nangasaque, wherin he ment to goe hym selfe and make use of the _goshon_ lawfully. unto whome i answered that he might make acco. that nether capt. speck nor my selfe ment not to doe any thing prejuditiall to our deceased frendes children in any sort whatsoever, but yf he had bought halfe that junck, that capt. speck should take and quit hym of that losse and all other dangers that might ensue; and that upon necessitie it was as fitt our frendes should make use of it as a china or any other stranger. soe we agreed to morow morning to goe to capt. speck and take councell about it. _january _ (_shiwas _).--i went to the holland howse about the _goshon_, and cald andreas thither, to perswade hym to deliver it to me and lett the hollanders make use thereof to the most benefite of capt. adams children. but he answerd me he hadd sent it overland from shimena seak to nangasaque by one of mrs. adams men. yet, before, he tould me it was heare at firando, but that he could not let me nor noe other have it, in respect he had promised it to one goquan, a china, and had bought the one halfe of his junck. and then i asked hym whoe gave hym authoretie to dispose of this _goshon_, i sending it up to be renewed, without taking my councell herein. unto which he could make noe answer. soe i required a writing at his hand of sending the _goshon_ from ximina seak, and therin he promised me to use meanes to retorne it to me, and would goe to morow with me to nangasaque to performe it. _january _ (_shiwas _).--i was enformed andreas sent away a boate at midnight past to nangasaque, to adviz his consortes of my demand for the _goshon_. soe this day at nowne i went towards nangasaque about that matter and our leade, and desird andrea to goe with me as he promised, and went to his lodging with my bark to call for hym; and he sent me word he would com after in a bark of his owne. soe we went this night leagues on our way, and came to an ancor. _january _ (_shiwas _).--we arived at nangasaque this day at a clock in the after nowne, but andrea was not com. and i fownd tome dono, our _jurebasso_, whoe hadd spoaken with gonrok dono about my plito with cuemon dono of nangasaque for the bords and tymber; and he tould hym he would refer it till he came to firando or dais hence, and then end it before tonomon samma, the king's brother, whome had spoaken about the matter before. also i sent to jenquese dono, mrs. adams frend, to adviz hym of my being heare and wherabout i came; yet he came not to me. and at night itamia migell dono came to vizet me with hollands ost and divers others, and brought me a banket with ij _barsos_ wyne and ij wilduckes; and palus (? pauls) father a basket orenges and small lobstars. _january _ (_shiwas _).--i sent to gonrok dono and feze dono of my arivall and that i would vizet them to morow or next day. but gonrok made a feast to princepall in this place. andrea arived heare and sent me word he was aweary, yet ment sowne after to com and speak with me. many presentes were sent unto me. _january _ (_shiwas _).--andrea of edo came to me after nowne and tould me he could not nor would not deliver the _goshons_ unto me, telling me he did that which he did by order from capt. adams woman. unto which i answered that that woaman had nothing to doe with it, but her children, whom i had charg over and not shee. and then he answerd me, she (or he for her) had taken all the paines and disburced the money to buy presentes to get out the _goshons_. but, at same instant, tozayemon dono standing by answerd that he had delivered iij c. and odd _taies_ to jenquese, capt. adames man, he demanding it for that purpose, this plate belonging to the deceased capt. adames. soe i then demanded of andrea whoe disburced this plate, he or i? unto which he could answer nothing; but tozayemon dono desired me to refer the matter to hym till to morow, and he would end it to both our contentes. and this day we went to dyner to itamia migell dono, where we had kind entertaynment and great cheare with _caboques_. and i sent my packes of letters to firando, to goe in the hollandes junckes for bantam and syam. _january _ (_shiwas _).--we were envited to dyner to kitskin donos howse, and hadd good entertaynment. _january _ (_shiwas _).--a portugez called augustino de fiquira came to me and desyred a letter to capt. speck to retorne hym a slave of his which was in cure of the ---- in the duch howse, as he understood, his name being francisco mallabar. of the which i gave hym a letter with the slaves name, with my opinion the keeping of such a slave would doe us nether creddit nor profitt. and we were envited to dynner to groby dono, the hollandes host at this place, where we had greate cheare, with the dansing beares. and at last cast tozayemon dono sent me word, now i have staid dais at his request, that andrea and the rest will doe nothing. _january _ (_shiwas _).--i went to gonrok dono to demand justice against andrea, jenquese, and wyamon, for the _goshons_ of capt. adams and the money they have receaved without lycense from me. and he gave me faire wordes, and willed me to retorne to hym to morrow after nowne, for that he was envited out to a frendes howse to a banket and at instant ready to departe. and we were envited to supper to paulo dono, our gunpouder man, where we had good cheare, and many chambers and guns shott affe. _january _ (_shiwas _).--i went againe to gonrok dono about my plito with andrea of edo for the _goshons_ of capt. adames children. but he sent for the said andrea, and, in my hearing, tould us both he would not meddell in the matter, he being of edo and i of firando. soe i think gonrok was grezed in the fist before hand. also cuemon of nangasaque came before hym about our processe with ed. sayer for the _tais_ he saieth he had not receved, although we have his hand to shew for it. soe gonrock dono entreated me to geve hym _tais_, because he was a pore man, and the matter in question both before the king of firando and hym selfe. i answerd i would be ruled herin per his lordshipp, but first desired the acco. might be perused betwix the china capt., for me, and let hym apoint an other for hym selfe. _january _ (_shiwas _).--i went and vizeted feze dono, the justis, and carid hym bottelles of strong waters, bottelles and all, which he took in good parte and gave me greate thankes for it. alsoe i sent other two of same to gonrok dono, which he kindly accepted of. and i gave the water of other to alvaro gonsalves and alferes twerto. also i took up iij m. _tais_ in plate of barrs this day of tozayemon dono, our host of sackay, at ij per cento per month, or else at his coming to firando to geve hym silke or other comodety in payment to his content, or keepe the money for months at intrest. this day hollands junck departed from firando towardes syam. _january _ (_shiwas _).--the china capt. sent away china marrens to capt. speck. i left a letter with alvaro gonsalves for to deliver to emanuel rodrigos when he returneth from xaxma, of my coming hither only to make plito against capt. adames men for delivering the two _goshons_ without making me privie to it; and that jenque hath receved above _tais_ of capt. adams money without making me privie to it nor how it is disburced; and wyamon dono, an other of the deceased capt. adams men, hath taken up _tais_ worth merchandiz of me, and meneth to goe capt. of the _goshon_ in his junck without making me payment; and torosacka, an other of capt. adams men, oweth mr. eaton _ta_, and meneth to goe offecer in his junck without making payment, which i desire non of them may. as also that mr. eaton hath certen fyne corse lynen, which he meanes to send to manillias. the china capt. junck arived from firando. i receved a writing of itamia migel dono to retorne me my _goshon_ at retorne of juncke _willing mind_. and i reconed with paule for these thinges bought, viz.:-- _ta. m. co._ for a chist for baskittes to put oringes in for halfe a beefe for an emptie jarr to put bread in for roles biskett bread for neales to neale money chistes for reddish rootes to spend at sea, with other hearbs and rootes for hense for sea for fish at sea to eate for xx loves bread for sea for candelles for howse provition and geven for a present to china capt. junck, viz.:-- for emptie barilles for _gocos singe_ for ij _tay_ fishes more roles of bread aforsaid. and i sent mr. osterwick to gonrok dono with a coppie of my processe i ment to begyn with capt. adames servantes about the _goshons_, for the childrens right. _january _ (_shiwas _).--i reconed with paule for these thinges following, viz.:-- _ta. m. co._ for _gocos_ of _singe_ for sea for bunch of carrotes for _gocos_ of vinager for sea for sack salt for sea for a jarr to putt egges in for ij mattes to make up money chist for sacks of coles mor for sacks rise for marrenars and sack geven the pore and for provition for sea i retorned towardes firando after nowne; and we paid out for diett in the howse _ta._, and to the servantes bar plate, is : : . and i gave peeces black satten, the one to capt. chinas wife, and the other to his sonne augustins wife. and paulo dono, our gunpouder man, went out to meete us with a banket leagues on our way, and placed chambars on a rock and shott affe or tymes. so we arived at setto at night. _january _ (_shiwas _).--we departed from setto, and paid in howse, viz. for howse rowme : : , for fish geven us : : . soe, the wind rising, we put into woamon docka. _january _ (_shiwas _).--about midnight we departed from woamon docka, and arived at firando about a clock this day in the affore nowne. we paid at woamon doka, for howserowme : : , and for fish at one draught : : , and for other tay fish : : , and for live fresh fish : : . and at my coming to firando i found that man the companis slave, bought the last yeare at nangasaque to goe in our junck for a cawker, was run away, and hath stolne plate and other matters. this fello hath byn a secret theefe ever since he came into the howse, and hath stolne dyvers silver cupps, spoones, and forkes, with other matters, both of the companis and others. i sent all the orenges, rownd biskit cakes, and sweete bread to our neighbors wives whoe lent us money and furnished us with our tymber, mastes, biskit, etc. _january _ (_shiwas _).--i paid out myselfe in plate barrs vij _tais_ for the outsides of _kerremons_ for mr. eatons sonne wm., his hostes daughter, and china capt. doughter. capt. leonard campes came to thenglish howse, and tould me he knew not where the negros weare which came from nangasaque, which alvaro gonsalves and others wrot for; nether thought he it was fitt to retorne them, although he did know where they weare. unto which i answerd that yf it were my case, as it was his, i would retorne them both, but espetially the one which was our frends slave. but it semeth he will not, nether take hym at r. of , as he cost alvaro gonsalves. _january _ (_shiwas _).--i wrot letters to nangasaque about man, the companies slave which is run away, viz. to skidayen dono, secretary to gonrok dono, to paule the gunpoulder man, to yoshemon dono, pauls father, to look out for hym; laying to his charge the stealing of silver cupps, spoons, and forks, with other matters; and they to seek hym out and send hym back in bonds. also i wrot to alvaro gonsalves i canot procure his servant out of the hollanders handes. the hollandes junck for bantam went out to cochie roade this day, and shott affe peces ordnance and had the chambers and other ordnance shott out of hollandes howse. and i sent the capt. of her a barill of _skar_ beare and an other to hollandes howse. _january _ (_shiwas _).--i paid to the hatmaker china teliar, for making aparell, in small plate ij _ta._ vij _mas_. more for a _kerremon_ geven a child, small plate xv _mas_. _january _ (_shiwas _).--i delivered iij chistes of plate of barrs to mr. eaton, the same i receved of tozayemon dono at nangasaque, to accompt with cushcron dono, our neighbors and others about provition of our fleete; and paid per him _tais_. and i carid my packet of letters to the hollands howse, to send for bantam in the junck, per capt. albartus, being coppies of them sent per the _royal james_ both to the honble. company in england and precedent at bantam, with others of th present and this day, as appereth per coppies. and in these letters i sent the coppie of taxation of _swan_ per hollanders and other charges about her in comune, she going with fleete for the manillias; as also a note of charges laid out for james littell, sent presoner in the junck for bantam, in said junck: amont unto, in all, _ta._ _m._ - / _co._ and mr. eaton paid iij _tais_ in small plate unto tome of nangasaque, who staid heare daies to prune, cutt, and sett our trees in orchards and garden. and the cutlar came to make cleane my weoapons this day. also this day a carpenter was cutt in peeces for a muteny he and other xj made, to enter a pedlars house and cutt certen wooden shewes in peeces, they esteeming to have preveledg to make such matters. all xij had died for it, yf the queene mother had not begged their lives. _february _ (_shiwas _).--i sent ij _taies_ to the dansing beares, in small plate, they coming to our garden with a banket when we planted our trees. and we began our work to wall in our howse, newly bought to make a gadong in. _february _ (_shiwas _).--i paid out xiij _tais_ plate of barrs my selfe unto the founders for a peace of a cheane of gould, and sent the money per luarance my boy. also i paid out, in small plate, for divers thinges for susan, viz.:-- for ij gerdelles for servantes in howse for i bundell of paper, for selfe for / _catty_ tobaco, ditto for woamans oyle, ditto for _chaw_, ditto for i peare wooden clamps, ditto more paid out to larrance, my servant, to buy hym a coate or _kerremon_ of silke, in small plate, _ta._ and i went to oyen dono, kinges secretary, to vizet hym, and carid hym a bottell spanish wine and a greate fish, and took his councell about buying our three neighbours houses, and to aske leave to make our wharfe or kay _tattamis_ further out into the sea. he tould me he would make it knowne to tonomon samme and taccamon dono, and then would advize me when it was tyme to goe my selfe. and i rec. an other letter frem alvaro gonsalves about his caffro, and he sent the like to hollandes capt., but they will deliver no caffro. _febrary _ (_shiwas _).--i receved ij letters from nangasaque in answer of myne, from palue (_sic_) dono, the gunpoulder man, from yoshemon dono, palus father, tuching man the slave. they write me how skidayen dono, gonrok donos secretary, having receved my letter, went to feze dono and shewed it to hym. soe they made a comune serche throwe the towne for the theefe man, and, not finding him, comitted his father, mother, and brother to preson, with an other, his master which sould hym, whoe the ten of the streete are bound to answer for his forth coming, and, in fallt of fynding out the theefe, must answer with their lives or geve us content for what is stolne. and i retorned answer of my ij letters rec. this day from nangasaque, thanking them for their paines taken to find out the fugetive theefe man, and that we could not find hym out heare, desiring them to look out theare to his sureties to retorne hym to me, and i would use hym noe worse then he deserved. these ij letters i retorned per paule the gunpowder man his man, whome he sent expres to me to adviz what hadd past. and i gave hym _mas_, to pay for his boate hier, and a silke coate or _doboque_,[ ] an upper garment or japon cloake. and i paid the spanish telier five r. of , as followeth viz.:-- for buttons and loopes for a black bay coate, being r. for making the said bay coate r. for buttons for the sleeves - / r. for buttons and loopes for a portingall cap, or _galtera_[ ] - / r. for making the said _galtera_ or capp, _mas_ is - / r. which money i paid in spanish r. my selfe, being tymes more then was reason; and so an end, etc. we lent andrea dittis, china capt., viz. murthering peeces, or fowlers, with vj chambers, wherof bras; hargabushes of crockes[ ]; and japon calivers or guns. and the gouldsmith came to work this day. [ ] _d[=o]-buku._ [ ] port.: _gualteira_. [ ] probably the "crook", or rest, for the harquebus. _febrary _ (_shiwas _).--this morninge cold wether, with a hard frost, with snowe. hard frost all day, and the like per night following. _febrary _ (_shiwas _).--capt. leonard and capt. albartus and wm. cuiper went to the kinges brother to take leave of hym, to departe with the junck towardes bantam; albartus going capt. and wm. cuiper master. and, after, came to english howse for like occation. and this day one catsso dono, the kinges kinsman, caused a master carpenter, his servant, to cut his bellie, which was master to the carpenter kild the other day. soe it is thought he meaneth to pick a quarrell with taccamon dono for killing his other slave the last day; and verely thought sett on per others of the greatest sort; for tonoman samme and the queene mother labourd to have had the matter left till the king hadd retorned, but taccamon dono would not. _febrary _ (_shiwas _).--tyamon dono our master carpenter came and borrowed xx _taies_ to redeeme the other xj carpenters freed the other day, they being taxed at iij _taies_ per head, forfeted to the king. and i paid out money as followeth, viz.:-- for a _kerremon_ outside, lyning and dying, for williams nurse for a silk gerdell for tassak and in plate bars, for ij pec. lyning for williams coate, with the gerls coates, is ij _tais_ _mas_ bars and i paid in small plate to the glover sumaker, viz. for iij peare of pumps, at ij _mas_ peare for making iij peare of sue rozes at _con._ _febrary _ (_shiwas _).--i went to hollandes howse, and took leave of sr. albartus, whoe i understand was ready to goe downe abord their junck to cochi roade. and gonrok dono, governor of nangasaque, arived at firando, and sent me ij silk _kerremons_ for a present, with many frendly words of salutation. and we agreed with fezemon dono of firando, in presence of tayamon dono, the carpenter, for tymber and boardes to make a new gedonge. all which amontes unto iiij c. xxxj _tais_ vij _mas_ plate barrs, _ta._ _m._ _c._; wherof he is to have thon halfe in hand and the other at full delivery of all tymber, as by particulers. _febrary _ (_shiwas _).--the hollanders and we went to vizet gonrok dono, and carid hym ij _tatta._ of stamet cloth for a present. and, after, tonoman samme sent for us and the hollanders to bring the fryres before hym and gonrok dono, which we did, he examenynge them what they weare, they denying to be pristes, although we shewed their letters to verefie it. soe gonrok would have made a new processe of it; but we answerd the processe was made before the king of firando, which we could not alter, yet would geve his lordshipp a coppie therof, yf he pleased, and was the same we had also delivered to themperours councell. soe he was contented with it. _ta._ _m._ _co._ and i paid the cutler for skowring weapons and for making skabard for _cattan_, redd and to the gouldsmith for daies work _febrary _ (_shiwas _).--gonrok dono came to vizet our english howse and desired to see our lead, which i shewed unto hym; which he took in good part, as also the entertaynment he hadd; and did promise to doe his best to bring the price of the leade to _tais pico_, yet, because he had written to the contrary, could not now on the sudden doe it. and he being ready to departe towardes themperours court, i sent hym ij glasse bottelles of a pottell a peece filled with spanish wine, to drink in the way; which he took in very kind parte. and the hollandes junck being ready to departe, i went to cochie, and toke leave of capt. albertus, and carid hym a barill skarbeare and a bankett, _nifon catange_, or japon fation. and wrot ij other letters, viz.:-- to honble. company, enclozed to precedent. to precedent of bantam, tho. bockedon, and capt. augustyn spalding. and, after, i wrot an other letter to the worll. tho. brokedon and capt. augustin spalding, sent per james littell, the scotsman, of the duble dealing of capt. jacobo especk to sett our leade at - / _tais pico_, without asking councell of me. soe now he will geve but - / _tais_ per _pico_, and not pay for it till mo. hence, or it may be more, when he pleaseth to send money from edo or miaco. i wrot ij letters to the woamon of deceased capt. adames and to shongo samma, the admerall, about the knavery of andrea and jenquese. _febrary _ (_shiwas _).--i paid the barber for laurance, my servant, for tryming hym the yeare past, iij _mas_. and capt. leonard campes came to me to aske me whether i hadd consented to lett the lead goe at - / _tais pico_, as gonrok dono had certefied hym. unto whome i answerd that gonrok had sent to me to demand whether i would lett our leade passe at - / as he had ended with the hollanders; unto whome i retorned answer that, yf the hollanders had soe agreed with hym, i would know of them, and would not obstenately replie noe. so it seemed this gonrok plaid on both partes, thinking his faire wordes would make fooles faine; for he tould me he esteemed our parcell of lead much better then the hollanders, and to the hollanders said he esteemed theirs much better then ours. divers neighbors sent wyne and fish for presentes. _febrary _ (_shonguach _).--i sent the china capt., andrea dittis, a present, this being their new years day, for a new years gift, viz.:-- silk _kerremon_ of them gonrok dono gave me. pece redd silk cheremis to his eldest doughter. damask _kerremon_ to his youngest doughter. bottell spanish wine to hym selfe. more, i sent to niquan, his kinsman, silke _kerremon_, which gonrok sent me. these presents i sent to hould frendshipp, hoping to get traffick into china, this niquan being emploied therein. and i gave to our servantes in the howse, viz. to jno. _jurebasso_, tome _jurebasso_, coa jno. _jurebasso_, fachemon and sangero, cookes, and porter, to each one a silk cloake or _doboque_. i sent ric. hudson to fetch back my letter which i wrot to the precedent at bantam, dated the th present, and sent per james littell, the scotchman, which letter i instantly, at recept thereof, shewed unto mr. eaton and jno. osterwick, for that by their countenances i perceved they thought i hadd written somthing against them, which i had not donne, but only tuching capt. speck, how he did thinges of his owne head, not making us of councell in doing thereof. which letter i had noe sowner shewed to jno. osterwick but he forthwith went to the hollandes howse, and there i fownd hym talking with the hollanders, and, as i surmised, tould them what i hadd wrott tuching capt. speck, for he blusht at my entrance, mr. eaton accompanyinge me, to speake with capt. leonard to determen what to send the _tono_ to morow, and he to accompanie me in doing of it in halves, as he thought it fitt to doe the like to taccamon dono, lord cheefe justis. _febrary _ (_shonguach _).--we went with the hollanders to vizet tonomon samma and wish hym a good new yeare, and carid presentes, viz.:-- all presented in name of both. from our selves _barsos_ japon wine great fyshes from the hollanders bottell strong water of spanish wine platter of fritters platter mange royall and to taccamon dono:-- presented in both names. from english _barsos_ japon wine fishes, great from hollanders bottell strong water bottell spanish wine and we sent presentes to others, viz. _barsos_ wyne and fishes to bongo samma, oyen dono, sugen umbra dono, his father, sesque dono, semi donos sonne, and sangero samma--all from english. and we receved presentes from our neighbours. _febrary _ (_shonguach _).--we sent these presentes following, viz. _barsos_ wyne and great fishes to ucana came of xaxma, minema soyemon dono, geemon dono kinges man, cakemon dono kinges man, lezeamon dono sea _bongew_, sheroyemon dono his brother, and yasimon dono. and we receved presentes. _febrary _ (_shonguach _).--we gave these presentes following, viz. [wine and fish] to chozamon dono, oyen donos sonne, to tobioye dono, garden _bongew_, [and others]. _febrary _ (_shonguach _).--the hollands junck departed from cochie roade this day in the morning towardes jaccatra or bantam. god send her a prosperous voyage. and within night gonrok dono sent his man to know whether we would lett our lead goe at - / _taies_ the _pico_ or noe, he being determened to departe towardes miaco at midnight. and i sent answer, as the hollanders did the like, that under _taies_ the _pico_ we could not sell it, it being the price sett downe per the emperour. soe, after, tonomon samma sent me word, likwais within night, that both we and the hollanders should com to hym in the morning to confer about price of the leade, and that gonrok dono would be theare about it. _febrary _ (_shonguach _).--tonomon samma sent againe for me to com to hym about price of the leade; and i sent to the hollanders to know when they ment to goe about it. but capt. speck came to the english howse and tould me gonrok had sent for hym and asked him whether we ment to lett the price of the leade goe at - / _tais pico_ or noe; which he tould hym, yf he had ready money heare to pay for it, he would take councell with us. unto which he answerd, yf we sett the price, he would use his best endeavours to get money from nangasaque or miaco within or months. soe hereupon they broke affe, capt. speck denying it; and gonrok dono departed away towardes miaco; and tonomon samma sent word we needed not to com unto hym. _febrary _ (_shonguach _).--we made agreement this day with seezamon dono, our wood or tymbar man, for matters following, viz.:-- for great mastes or trees containing japon _tatta._ in length, and - / _tatta_. rownd at greate end, and at the lesser end inches diametar, at _tais_ plate bars _ta._ per mast for smaller mastes, viz.:-- all of one bignes, viz. at great end _tatta._ rownd, and at small end xi inches diametar: of xj _tattamis_ long of x _tatta._ long of ix _tatta._ long at _taies_ the tree (or mast), bar plate, is more, for shething boardes or plankes, containing _tatt._ long and xij japon inches broad, but the thicknesse / of an inch, at iij _mas_ iij _condrins_ per bord, barr plate, is more, square tymbers (or _cakis_) hard wood (or oake) containing - / _tatta._ in length and vj japon inches square every way, at vij _mas._, barr plate, per peece is more, ditto lesser, same hard wood, containing _tatt._ long per peec., inches square, at _mas_, bar plate, pec. to be delivered all within the space of v or vj monethes after the date hereof, all amonting to _febrary _ (_shonguach _).--the hollanders, viz. capt. speck, capt. leonard camps, matias vander brook, and william, came to english house, where we had councell about sending up after gonrok dono for price of the lead, and about the friggat to get it for prize. soe it was concluded to send an expres only with letters directed to the king of firando, with others to themperours councell, written in good sorte; and to send presentes, viz.:-- _tattamis_ fine damask tabling to oyen dono. _ditto_ to codskin dono. pec. fine parcullas to king of firando. _febrary _ (_shonguach _).--taccamon dono sent to desire me to lett hym have the favour to serve us with gunpolder and match, and would be bound to deliver it at as loe a price and as good as any other should doe, unto whome he sent, they being our neighbours and his secretary. i made answer that his lordshipps request was reasonable, and therefore i was content, but must stay till our fleete came, to know the quantety of each sort; and for the gunpolder i desired that paule dono, our gunpolder man of nangasaque, might have the oversight of the work, which it seemeth taccamon dono had pretended before, as his man tould me. capt. adames childe in firando was brought to me per the mother, unto whome i gave ij _tais_ in small plate, and offerd her to pay for the bringing of it up to schoole, yf she would deliver it to thenglish nations protection. _febrary _ (_shonguach _).--i agreed with uquese dono the tylor to make tilles for our new godong and other building at _mas_ the tiles of all sortes, one with an other. _febrary _ (_shonguach _).--we went and measured the buriall place, and had _tattamis_ square alowed us. and semi dono retorned from miaco, unto which place he accompanied the king when he went up. _febrary _ (_shonguach _).--we and the hollanders went to vizet semi dono, and we carid hym a bottell of strong water and an other of spanish wine, with a great box (or _bandeja_[ ]) of sweet bread; and the hollanders ij bottelles of spanishe wine and one of strong water--which he tooke in kind parte, and sowne after sent us ij _barsos_ of wine and a salmon. [ ] span.: _bandeja_, a sideboard or waiter. _febrary _ (_shonguach _).--yochemon dono and the gunpolder mans servant broght the theefe mon back from nangasaque, with iiij letters from feze dono and skidayen dono and ichemon dono and paule dono, the gunpoulder man. _febrary _ (_shonguach _).--i wrot iiij letters to nangasaque in answer of the others i receved yisterday, geving them thankes for their pains taken about finding out the theefe. and i bought xij stringes of silke of som fathom long a peece, to make pointes of; cost xij _mas_, barr plate. _febrary _ (_shonguach _).--we consorted this day with yazemon dono, the master sea carpenter, for tymbers, to be deliverd before the end of the japon _singuach_. also we agreed with trebioye dono, the _bongew_ of the filde where the buriall place is, to make a ston wall about it of _tatt._ square, for the som of _tais_ plate of barrs, or, yf it be larger, to pay for overplus per rato. and there was ij _tattamis_ black bayes cut out this day and geven, the one to yoshemon dono, pauls father, and the other to paulo dono, the gunpoulder man, for their labour in finding out mon, the theefe, and bringing hym from nangasaque, with other former paynes taken. and i was enformed that gonrok dono hath promised the capt. moro at nangasaque to procure the emperours passe or _goshon_ that the carick of amacou shall trade freely into japon to nangasaque yearly, in despite both of us and the hollanders. _febrary _ (_shonguach _).--semi dono sent me a sholder of venison, and withall sent me word that he had conferred with tonomon samma about our demand of the ij howses next unto us, and to enlardge our wharfe or bridg _tatta._ lardger into sea; which he thought would be granted unto us. and sowne after tonomon samma sent me word of the like conferrence with semi dono. and i paid trebioye dono, the _bongew_ of buriall place, fiftie _taies_ in plate of barrs, upon acco., to build the ston walle, agreed upon price yisterday. coa jno. our _jurebasso_ had a yong sonne borne this day. _febrary _ (_shonguach _).--this day we began to build our gadong on the w. side, and took labourers to break downe ould building and cleare the place and make roome for ston wall. _marche _ (_shonguach _).--capt. speck and capt. leonard came to english howse to have our letters sent to court read over. _marche _ (_shonguach _).--i sent coa jno. _jurebasso_, to his child feast, barr of plate with ij _barsos_ of _singe_. i sett otto, matingas slave, at liberty, she discovering her mrs. villany, and that she had abused her selfe with vj or persons, as apereth under witnesses. _marche _ (_shonguach _).--i paid out to zazabra dono, our neighbor on the north side, for his howse, foure skore _taies_ in plate of barrs, wherof liiij _taies_ was paid unto cushcron dono for a chinas howse deliverd unto the said zazabra dono, is : : , and xxvj _taies_ to zazabra hym selfe. _marche _ (_shonguach _).--we had barkes laden of stones brought this day. and i receved letters from nangasaque, viz. from andrea dittis, china capt., that he will not goe to the iland of taccasanga this yeare as lyers report; from harnando ximenes, to like effect; from pasquall bonita. also harnando ximenes writes me that the portingale ambassador is retorned back to edo per councell of gonrok dono, as it seemeth, to get out a _goshon_, as also to plite against us for the friggat taken. _marche _ (_shonguach _).--i gave bore pigges and ij sow piges of thenglish race, ij to tonomon samme and the other ij to the hollanders. _marche _ (_shonguach _).--oyen dono came to thenglish howse and tould me how semi dono staid only for taccamon dono to make an end about our demand both for howses and kaye seaward. so i sent tome dono, our _jurebasso_, to taccamon dono, leagues hence, to desire his lordshipp to hasten the matter, tyme passing on, and the shipps would be heare shortly, and then could we doe nothing. _marche _ (_shonguach _).--we had xxviij barkes lading of stones. and tome dono, our _jurebasso_, retorned from taccamon dono with answer that, yf we had the one howse at _taies_, he knew no reason but we might have the other at same price; and for the kay or wharfe, he thought we might have it, and would write thereof to semi dono per his man, hym selfe being busie about building his owne howse in the cuntrey, as our _jurebasso_ saw, he having above ijc. men at work, and, as it is thought, determeneth to retire hym selfe to dwel in the cuntrey and leave all to seme dono, whoe will be domenus factotum. taccamon dono wrot me a letter he was content we should have both howses and kay. _marche _ (_shonguach _).--upon taccamon donos answer i wrot a letter to semi dono that all but he were content we should have both howses and key. and there was labourers and xj carpenters this day, with xviij boates lading of stones. and semi dono sent for our _jurebasso_ and tould hym he was content to let us have the howses and wharfe as well as other men; but as yet we have nothing but wordes. yet, as i perceve, the hollanders stood out in it that it was unfitt we should build soe far out into sea; yet they have donne much more. yet they will not be knowne to deale in this matter; only capt. leonard tould me, yf men did fyll up the end of the bay with building, then ther would be no place to grownd junckes or small shiping to trym them upon. yet ther is place enough besides, as i tould hym. mr. eaton departed this day for nangasaque, and i sent per hym letters of adviz, to goe for manillias to our fleete, being all one verbatum: one to goe in emanuell rodrigos junck, the other two in the china capt. junck for caggalion and pangasinan. also i sent per hym letters of favour or pasportes for china capt., dated the th ultimo, for taccasanga or isla fermosa, and ij for manillias, as abovesaid, and i wrote other letters to nangasaque, viz.:-- in spanish. to emmanuel rodrigos to alvaro gonsalves to harnando ximenes in japons. to itamia migel dono to pasquall bonita to china capten and we had xviij barkes of flatt stones this day. _marche _ (_shonguach _).--we had carpenters xv- / , with c. xxv laborers all this day. _marche _ (_shonguach _).--we had carpenters and laborers this day. the hollanders hadd the _caboques_ this day, and sent for me and mr. osterwick, and soe had a play. we had iij barkes lading flat stones. _marche _ (_shonguach _).--i wrot an other letter to nangasaque to itamia migell dono in favour of cujero dono which goeth in his junck, as also to desire hym to have a care he goeth to the place apointed per my _goshon_ and to no other. and i wrot an other to mr. eaton to same entent, to writt per cujero dono and send my letter ther inclozed to deliver to first english or holland ship he meetes withall, to thentent, yf itamia migel dono goe for amacan and lade portingals goodes, to seaz upon it and bring yt for japon, and then after geve rezon for it. _marche _ (_shonguach _).--semi dono and taccamon dono sent each of them a man to tell me they came to deliver the kay towards the sea unto me, but it should be but ij _tattamis_; unto whome i made answer that, yf it weare not iij, i would not take it but rather rest as we weare and not breake our howse and spend ij or iij c. _taies_ for nothing. and withall i sent our _jurebasso_ to tell them that, yf they gave us vj _tattamis_ it weare far better for the harbor, as i would prove, yf they pleased to understand me. but i know it is the hollow harted hollanders geve councell for dispite to disgrace us, as tyme will try it. i rec. a letter from andrea dittis, china capt., to same effect as that from his son augustyn, that he ment to send hym and niquan on the voyage. and we had c. xxx laborers and xviij carpenters and a cane man wrought all this day. _marche _ (_ninguach _).--taccamon dono sent for our _jurebasso_ and tould hym he hadd donne as a frend in our demand for the iij _tatta._ to be alowed for our key into the sea, but others stood out, although he and the whole streete took our part. so that, yf i would geve a writing under my hand to stand for the kings award at his retorne, he would deliver it; which i performed. _marche _ (_ninguach _).--we had this day xviij carpenters and j c. lx laborers all day, with iij tilors halfe a day, and caneman all day; and we rec. viij barkes flatt stoones this day. and i receved the box of specktacles at the handes of mr. osterwick: dozon and peare specktacles in all. and i bargened this day with yasimon dono for these tymbers and boardes following, to be delivered at ij moneths, viz.:-- _ta. m. co._ small boardes, viz. _tarakis_ or spars _nukes_ or rayles _ficamons_ or beames _marakis_ or rownd tymber ------------ ------------ _marche _ (_ninguach _).--we had carpenters and laborers and caneman, tilors; but laborers all day, and laborers at iiij _condrins_ pece per day. and we hadd barkes lading flatt stoones this day. also itamia migell dono sent me _barsos_ wine and stringes drid cuttell, desiring me to send hym a pasport or letter of favor, yf he chansed to meet with any english or hollandes shipps at sea. _marche _ (_ninguach _).--i rec. xxix _tais_ viij _mas_ iiij _condrins_ plate barrs for merchandize sould unto shushro dono of firando. and we had this day carpenters, laborers, one plasterer, iij tilors, and one caneman. also we had this day xix barkes stones. _marche _ (_ninguach _).--we had carpenters, laborers, plasterer, and caneman. capt. leonard camps, with sr. matias and jacob swager went to nangasaque; matias and swager to goe on a voyage for cochinchina in a japon junck. and i wrot letters to nangasaque: to mr. eaton, with a pasport enclozed for itamia migell dono, yf he would geve sureties that the junck shall goe for cochinchina and not for amacon. _marche _ (_ninguach _).--we had this day - / carpenters, laborers, and cane man. also we had barks lading of flatt stones. and being driven affe from day to day per semi dono and taccamon dono about geving us licence for _tatta._ out to sea to enlardg our kay or wharfe, they, having hetherto promised it, did now send me word they must shorten it. wherupon i wrot a letter to them both, how i knew they had geven tymes more to the hollanders and howrly augmented it with all the howses they demanded to be puld downe, and shortned thenglish in all they demanded, contrary to the kinges promis at his departure to let us have all we demanded, soe that now i did but expect answer whether they would let me have that promised per themselves or no, and soe would rest satisfied. we sould silk of divers sortes to tozamon dono of sackay for : : . _marche _ (_ninguach _).--we had carpenters, laborers, plasterer, and caneman, all this day. we had x barkes lading rownd stones. _marche _ (_ninguach _).--we had carpenters, laborers, plasterers, and caneman. _marche _ (_ninguach _).--we had xiiij laborers this day to sift white lyme and make it, with other matters. and we envited tozemon dono and other merchants to dyner, and heat the _fro_ for them, they enviting themselves thereunto; and had the dansing beares sent for, _nifon catange_ or japon fation. _marche _ (_ninguach _).--i wrot letters in japons to nangasaque, viz. to itamia migell dono; to andrea dittis, china capt.; to skidayen dono, gonroks secretary, desiring hym not to let ita. junk goe out till he gave surtis to goe for cochinchina, and warning itamia migel dono hym selfe to se it performed, as he would answer it before the emperour; and the china capt. to se it performed, he being suretie to me. we had xxx carpenters, c. l. laborers, ij plasterars, and iij tilars, all this day. and we receved five hundred tilles this day, viz., iij rownd ends, and ij c. pointed endes; as also boates lading rownd stones. _marche _ (_ninguach _).--we had carpenters, laborers, iij tilors, ij plasters, all this day. semi dono sent to comand me i should make noe bargen nore buy nothing of any other japonnars for provition of building of howse or shiping or victuling, but only of them of firando. unto whome i retorned answer that he should pardon me in that matter, for i would buy wheare i could find best cheape, either at firando, nangasaque, miaco, or else wheare; but as yet i had bought all of them of firando, and soe would doe the like hereafter, yf they would lett me have it as good and as good cheape as others. unto which he answerd he would take care for that, but would have me promisse to take it all of firando men and no other, or else he would geve comand that noe carpenters nor laborers should work any more on our work. and i answerd, he might doe herein as he pleased, for to doe as he would have me was against the preveleges themperour and his councell had granted our nation. so forthwith he gave comand to carpenters and all other laborars that none should labor; and soe our work standes at a stay. and we had gutter tiles this day. _marche _ (_ninguach _).--i sent our _jurebasso_ to taccamon dono to know whether he hadd geven comandment our work should stay and not goe forward. but he sent me word he medled not in the matter, it belonging unto semi dono and not to hym. soe, after, i sent for capt. speck to goe with me to speake to semi dono, to know wherefore he staid our worken. but semi dono sent us word he was busy about matters of justis, soe that we might com towardes night; but in the meane tyme capt. speck sent hym a letter which pasefied his proud humor. _marche _ (_ninguach _).--we hadd our wharfe into the sea deliverd us this day to content. but semi dono sayd, as he passed by our dore, it was by his apointment, lighting affe his horse, telling me he was sory i was angry with hym. unto whome i replied, i was sory his lordship was angry against me, whoe was ready to doe his lordshipp the best service i could; and soe he departed. but taccamon dono sent me word that it was he and others stood out for us, semi dono desiring it should have staid till the kinges retorne, and not have byn deliverd. we receved this tymber following for the buriall place, viz. of tymon dono:-- _marrokis_ or rownd tymbers, at ij per _mas_. _cakis_ or square tymbers, at j _mas_ per pec. boardes of _tatt._ long, at per _mas_. _tarrakis_, at - / per _mas_. greate _marokis_ for the dore, at _mas_ pec. great _caky_ for dore, at - / _mas_. duble _caky_ for dore, at _mas_. _marche _ (_ninguach _).--we had carpenters, laborers, tylors, and ij plasterers, all this day. we rec. yisterday of tayemon dono tymber, viz. _nuquis_, or rayeles, at per _mas_, for gedong, and _shemottes_, or rownd small poles, for gedong, at per _mas_. and i sent a barr of plate to the _caboques_, due for playing the night when tozemon dono and others weare envited for sale of our silke. also we had carpenters and laborers this day for our work at buriall place. _marche _ (_ninguach _).--we had carpenters, laborers, tilors, and plasterers, all this day. and we receved iij c. tiles this day from tilar of tabilo. and capt. speck and my selfe wrot letters to nangasaque about the busynes of the _goshon_ lent to itamia migell dono, viz. to skidayen dono, the chefe justis, under my owne ferme, to desire hym to comand migell dono not to goe for amacon; to itamia migell dono, with the fermes of capt. speck, capt. leonard champes, and my selfe, to same effect; to skidayen dono, with our fermes, to same effect. _marche _ (_ninguach _).--we had carpenters, laborers, plasterers, and caneman, for the howse; and, for buriall place, carpenters, laborers, all day. semi dono, taccamon dono, and others, went this day to ishew to vizet tonomon samma, whoe is gon thither to hawk and hunt or daies past. _marche _ (_ninguach _).--we had carpenters, laborers, ij plasterers, and cane man, for the howse, all this day; and for the buriall place, carpenters, laborers. and we receved tymbers, ij barkes lading this day, viz. great _caquis_, or square tymber, and great _nuqins_, for gedong; also _marakis_ for the buriall place. capt. leonard camps retorned from nangasaque, and sent me word that mr. eaton would be heare this night or to morrow, and that all the junckes weare gon out and sr. matias in that of jno. yoosen. _marche _ (_ninguach _).--we had carpenters, laborers, plasterers for / day, for howse, and laborers, halfe day, and laborers, whole day, for howse; and carpenters and laborers all day for buriall place. _marche _ (_ninguach _).--we had carpenters, and laborers, for howse, and, for buriall place, carpenters and laborers, all day. _aprill _ (_ninguach _).--we had carpenters, laborers, for howse, and, for buriall place, carpenters, laborers, all day. mr. eaton retorned this night from nangasaque. _aprill _ (_ninguach _).--we had carpenters, laborers, plasterar / day, and one cane man / day, the rest all day, for the howse, with carpenters and laborers for the buriall place. and mr. eaton delivered these papers in japons unto me, viz.:-- recept of ichemon dono. bill of cuemon dono. coppie of a writing sent to cochinchina per mr. eaton per capt. chimpan, to recover in what he can, the one halfe of which he is to have for hymselfe, and thother for the company, of all he can gett ether of that lost per mr. peacock or mr. sayer; for beter somthing then nothing. writing in japons, fermed per itamia migell dono named ziemon, soude giemon, his boteswaine, and shobioye dono, his purser or scrivano, wherin they are bound upon payne of livse and goodes not to tuch at amacon nether going out nor retorning home, but to goe directly for cochinchina, and noe place else. yt is reported that the king of goto hath cutt his belly at miaco by comand of themperour, by reason he put away his wife, which was of the blood royall (he being made king by marying of her), and took an other woaman of basse degree in her place. this is the generall report, yet som say he is not yet dead, but in greate danger to die, the matter having been in plito the space of or yeares. _aprill _ (_ninguach _).--we had carpenters, laborers, and caneman, for howse, and ij carpenters and iiij laborers for buriall place. i gave coa jno. _jurebassos_ wife a bar plate with a _barso_ of wyne and box sweet bread, she going to a new howse, and brought her child to me to geve it a name, which i did call coa jno., as his father. tonomon samma, taccamon dono, and semi dono did retorne from ishew, where they were to take pleasure. soe i sent our _jurebasso_ to bid them well home in my name, and to offer them my service. but taccamon dono (before the _jurebasso_ spoake with hym) sent a man to tell me of his retorne, offring me all frenship wherin we had occation to employ hym, either toward tonomon samma or else where. _aprill _ (_ninguach _).--we had carpenters, laborers, and caneman, for the howse and gadonge. _aprill _ (_ninguach _).--we had carpenters, laborers, and cane man, for howse, with iiij laborers for buriall place. we bought tymber this day, viz. _cakis_ and duble _cakis_, pyne tree. _aprill _ (_ninguach _).--we had carpenters, laborers, and caneman, for howse, and laborers for buriall place. we whipped man, our empresoned theefe, and he hath confessed he stole the silver cup, lost when the _caboques_ weare heare a yeare past; also that he stole the greate silver tankar at our going to nangasaque, and, as he saith, sould them at nangasaque to portingalles which went in the friggattes. _aprill _ (_ninguach _).--we had carpenters, laborers, for the howse, and laborers for the buriall place. ther was speeches geven out per a lying profitt or pagon prist that this day all the iland and towne of firando should be overwhelmed with water, and many stood in dowbt thereof; yet it proved a lye. _aprill _ (_ninguach _).--we had carpenters, laborers, and plaster, for the howse, and carpenters, laborers for buriall place. _aprill _ (_ninguach _).--we had carpenters, laborers, and plastrars, for the howse. i deliverd c. _tais_ plate barrs to jno. _jurebasso_ upon acco. of building. the china capt. retorned to firando, and saith all the junckes are departed on their voyages, but only two small ons which goe directly for china. ther is greate seeking after place to make howses at cochie, the king having geven order, as they say, to erect above new howses to putt inhabitantes into. soe capt. leonard camps and mr. eaton went thether to look to the measuring out of our grownd, geven us per the king, others begining to encroche upon us, especially to get xj _tatta._, which lieth betwixt us and the hollanders. also we determen to make out our kay there into sea vj _tattamis_ in bredth, we having _tatta._ in length, and the hollanders _tattamis_, besides the xj _tatta._ betwixt us which we pretend to demand of the king yf he will geve it us. and japons went to esteemate what the making out our kayes (or wharfes) might amont unto, and esteemed it at _taies_ for us and the hollanders. we receved tilles this day from tabula, viz. ordinary broat or flatt, and rownd or hollo tilles--all at _mas_ per j m. _aprill _ (_sanguach _).--we had carpenters and laborers for the howse, and rec. tilles from tabilo this day. harnando ximenes retorned to firando this day from goto, having geven over his voyage in the capt. chinas junck, falling out with a china about a whore and beating of hym. _aprill _ (_sanguach _).--this day being a great pagon feast called _sanguach sanch_, or the therd day of the therd moone, non would work upon it, the pagons upon their ordinary superstition, and the christians for feare to be noted to be christians. soe noe work was donne this day. yet on the sonday all will work, both christians and pagons of japon, and the papistes in japon will more strictly observe and keepe any other blind hollyday of fayned saintes (made knowne unto them per jesuistes and frires) then the sabath day. this is daylie seene per experience. harnando ximenes saith he was enformed per a china which spoake spanish how the other chinas, which went in the junck of china capt., laid a plot to kill hym, saying, yf they did it, whoe would bring them in question for it at their retorne. but the china capt. saieth it was about a whore, and noe such matter ment. but harnando saith he esteemeth that ould harry shanks, the scotsman, whoe is gon with them, will never retorne, but be murthered by them; which the end will prove. _aprill _ (_sanguach _).--we had carpenters and laborers, for howse; and we receved tiles. _aprill _ (_sanguach _).--we had carpenters and laborers, with plasterers and tylers; and we receved tyles, with ij mark and ij head tiles, from enquese dono, the tilor at tabilo. and i paid ij _tais_ j _mas_ for peces japon taffety to lyne capt. adams and coa jnos. childrens coates. _aprill _ (_sanguach _).--we had carpenters, laborers, plasterers, and tillors, for howse; and carpenters and laborers for the buriall place. and we receved ij m. iij c. xliiij tils ordenary from imory; and vj c. ditto from tabilo, with lyons, mark tilles, head tilles. and we receved tymber this day from shezemon dono, from umbra: _nuqus_, _caquis_, rownd tree or _maraky_, _naccabassas_ or great rownd trees, etc. _aprill _ (_sanguach _).--we had carpenters, laborers, plasterars, and tylors, for howse; and laborers for the buriall place. and i reconed with tobio dono for ston wall made about buriall place, it being ended this day, i having paid hym formerly _tais_ : : and now, in plate bars, as the lyke before : : and geven hym in plate of bar gratis : : -------- : : -------- _aprill _ (_sanguach _).--we had carpenters, laborers, and plasters, for the howse; and for the buriall place, carpenters, laborers, and iij tilors. and we receved tymbers; and iij m. tiles from tabola, for buriall place. _aprill _ (_sanguach _).--we had carpenters, laborers, all day, and laborers halfe day, with ij plasterars all day, for howse; and iij tilars / the day, and laborers for buriall place / a day. and we receved tiles, with viij barkes lading of flatt stons and one of rownd. _aprill _ (_sanguach _).--we had carpenters and laborers for the howse; and laborers at buriall place. also we had barkes lading rownd stones and barkes lading gravill or sand. and we rec. j m. vij c. xx tiles ordenary from imorey. _aprill _ (_sanguach _).--we had carpenters, laborers, and plasterers, for howse; and xxxiiij laborers for buriall place. _aprill _ (_sanguach _).--we had carpenters, laborers, and ij plasterers, for howse; and tillars and xxv laborers for buriall place. and there was ij m. c. liij ordenary tiles rec. from imory; and one barkes lading of rownd stones. and i went to cochie this day with mr. eaton to measure our grownd geven us per the _tono_ to build upon, and find it to be l. _tatta._ long and - / _tatta._ deepe to seaward, to make a wharfe of ston _tatta._ broad and the whole length. soe i esteemd it at _tatt._ in all and did offer them i c. l. _taies_ to doe it, they demanding iij c. _tais_. and soe we broake affe; for they had agreed with the hollanders before to make their key xxxiij _tatta._ long and viij broad at one end and vj at thother, and ij _tatta._ deepe to seaward for most parte, which i did esteem as much work as ours. _aprill _ (_sanguach _).--we had carpenters and laborers for the howse. capt. leonard came this day and tould me that tonomon samma and semi dono had advized hym that themperour had sent greate men for _bongews_ into gonto, to enquire about that plito betwixt the king and queene; and that from thence they ment to com to firando; and in the meane tyme semi dono ment to goe to meete them at goto, and advized us it weare expedient we sent som one to doe the like on our behalves with a letter from us. soe we agreed to send our _jurebasso_ with the hollanders to that entent, with som present of sweetmeates and wine. faccata soco dono, which lent us _tais_ at intrest, came to see our english howse, offring us, yf we needed xx or _tais_ at intrest at any time, he hadd it ready for us, wishing us to take non of any others. soe we envited hym to our _fro_ tomorrow, with v or vj others to beare hym company, viz. faccata yayemon dono, andrea dittis, china capt., cushcron dono, synemon dono, and yasimon dono; with paulo dono, gunpouder man, shoyemon dono, palus father, and chubio dono, our host of bingana tomo. _aprill _ (_sanguach _).--we had carpenters and laborers for the howse. i paid lues, the spanish telior, i _tay_ small plate for a _carapesa_[ ] of wrought velvett, black laid on with silver lace. semi dono departed towardes goto to meete themperours _bongews_; and the hollanders and we made ready our presentes to send to morrow morning per our _jurebasso_, viz.:-- for thenglish. jar conserved ginger, poiz nett, _cattis_ great bottell of ij gallons, strong water for the hollanders. jar conservd nutmegges of like bignesse bottell of allegant or tynt wyne [ ] span., _carapuza_ or _caperuza_, a hood. _aprill _ (_sanguach _).--we had carpenters, laborers, and i plasterer, for howse, with tylors and laborers for buriall place. alsoe we receved ij m. j c. xl ordenary tilles from imory. and i sent a bar plate to _caboques_ for bringing a banket and coming per water to cochie, when wee went to measure grownd. i rec. r. of of capt. speck, delivered hym on a wager before. _aprill _ (_sanguach _).--we had carpenters, laborers, plasterer, caneman, for howse, and tillors and laborers for buriall place. and there was tyles ordenary rec. from tabola. the china capt. envited both us and the hollanders to dyner this day, where we had greate cheare with dansing beares. _aprill _ (_sanguach _).--we had carpenters, laborers, plasterar, and i caneman, for howse all day; and for buriall place, tylors and laborers for halfe a day. and i paid unto chubio dono, our host of bingana tomo, for _pico_ _cattis_ shething neales at _tais pico_, : : ; and for xx _barsos morofack_, at _tay barso_, : : . and advanced upon a bargen of _pico_ neals more, : : . and gave a peece black satten to chubio dono upon bargen. _may _ (_sanguach _).--we had carpenters, laborers, and caneman, for howse: and plasterer and laborers for buriall place. i bargened this day of tobio dono to make a ston walle at cochie before our howsing, of _tatta_ long, vj _tatta_ broad, and - / _tatta_ deepe towardes sea, to be greate stonnes / a _tatta._ to seaward and at end, and the rest small, to have ij c. _tais_ in money, and one peece black satten. this night, within night, the king of xaxma passed by this place, retorning from themperours court. soe we and the hollanders went out to meete hym, and carid a present as from both companies, viz.:-- guilt lether skin, containing skins. faggott of steele. peeces white percallas. _tatta._ fyne damask tabling. and to his secretary, peeces redd cheremis. peeces white percallas. but he was sick, that he could not be spoaken withall, nether by tonomon samma the kinges brother, whoe went out to meete hym with a present, nether by us. soe we left the present with the secretary, whoe at first made diffecultie to receve it, yet in the king his masters name promised all assistance to our shiping, yf in case any putt into his dominions. _may _ (_sanguach _).--we had carpenters, laborers, and j plasterar, for howse; and plasterer and laborers for the buriall place. and our _jurebasso_ retorned from goto with answers from thembassadors, who tooke in good parte the present sent to them from us and hollanders. _may _ (_sanguach _).--we had carpenters and laborers, for the howse. and there was delivered to bonga sammas man, for acco. of his master, _cattis_ _tay_ wight wax. and presently after he sent a ram gote to thenglish house for a present, which i make acco. is in payment of the wax. _may _ (_sanguach _).--we had carpenters, laborers, plasters, and caneman, for howse. also we receved ij barkes lading of small stones, cost xvi _condrins_; and square hewed stones for steares from languay. _may _ (_singuach _).--we began to set up or reare our new howse to sea ward. _may _ (_singuach _).--we had carpenters and laborers, for the howse. and there was tymber rec. from goto, of shezemon dono. _may _ (_singuach _).--we had carpenters, laborers, and tilors, for the howse. and there was tilles receved, viz. tilles in barkes from imory, and bark containing tilles from tabola. also there was iij barkes lading gravill or small stons of _con. pico_. _may _ (_singuach _).--we had carpenters, laborers, and tilors, and ij masons, for the howse. and we rec. x great free stons from languay for to make the steares, wheron the masons now work. also we rec. tilles ordenary from tabola. we went this day to cochie to look on our work; and the hollandes capt. and china capt. met us theare; and all the dansing beares weare theare before us. _may _ (_singuach _).--we had carpenters, laborers, tilors, and masons, for the howse. also we rec. tilles ordinary from tabola. capt. speck and capt. camps came to english howse, and we went together to vizet china capt., he sending for dansing beares. _may _ (_singuach _).--we had carpenters, laborers, and masons, for the howse. this day, being the th of singuach, or th japon moone, is the feast of the resorection of their great profitt shacka, as they fondly beleeve, and soe deck all the eaves of their howses with green bowes, and goe on pilgremadg to ther pagodes. i sent ij bars plate, containing : : , to the ij companis dansing beares, for going to cochie and, after, to china capt., for duble _fannas_.[ ] tonomon samma and semi dono sent for spanish wine and conservs, in respect of the coming of the emperors ambassadors, which are looked for this night. soe i sent eather of them a pottell bottell of wyne and conservs to tonomon, and a bottell strong water to semi dono. and there was iij c. xx bundelles of shingelles rec. from nangasaque. [ ] _hana_, a present to an actor or dancing-girl. _may _ (_singuach _).--we had carpenters, laborers, and masons, for howse. and i rec. ij letters, viz. from shongo samma, admerall of japon, at edo, in answer of myne, and that he had geven warning to capt. adames woaman to let me have the disposing of the _goshons_ for her childrens use; and thother from uquese dono of miaco. _may _ (_singuach _).--we had carpenters, laborers, and masons, for howse. this evenyng the king of arima, named bongo samma, arived at firando, and lodged in semi donos howse, much preparation being made to receve hym, and all the streetes made cleane. he is in greate favor with themperor, whoe gave hym that kingdom few yeares past, and per som suspected that themperor meaneth to shift the king of this place to arima, and set the other heare. the last yeare he sent one of his noblemen to vizet the king of firando, and gave hym charge to com to thenglish howse, and in his name to offer us any servize or favor his kingdom afforded, or, yf we stood in need of money, he had or _taies_ allwais ready at our service. soe i now sent our _jurebasso_ to bid his hignesse welcom to firando; which he took in very kind parte. also i sent to the holland capt. to know yf they ment to vizet hym to morow with som small present. and they sent me word, they had noe accoyntance with hym and therfore ment not to goe to hym. _may _ (_singuach _).--we had carpenters, laborers, and mason, for howse. and we began to reare or set up our new gedonge this day. and we had barkes lading stones for to make the steares. and we supped at hollandes howse, where the china capt., andrea dittis, was also envited; and we had greate cheare. _may _ (_singuach _).--we hadd carpenters and laborers, for the howse. the emperors ambassadors arived at firando, retorned from goto with the king of arima, whoe went from hence to fetch them. _may _ (_singuach _).--we had carpenters, laborers, caneman, and masons, for the howse, the masons tide work. the hollanders and we went to vizet the _bongewes_ or ambassadors from themperor, and carid them for presentes as followeth, viz.:-- hollanders. peces cushen velvet of hollanders peces or duble velvet cushin, ditto english. peces cheremis, ours peces canton damask, ours faggottes bar steele, ours and we rec. ij m. v c. tilles ordinary from imory; and i m. iij c. ditto from tabola. _may _ (_singuach _).--we had carpenters, laborers, caneman, and masons. we went with the hollanders to vizet the king of arima, and carid hym a present betwixt us, viz.:-- peces damaskes lankin, of hollanders. of english acco. peces canton damask peces parcallas, white fagot stille and we had j m. iij c. v tilles ordinary from tabola. the emperours ambassadours, with tonomon samma and others, came to se our english howse, whome we entertayned in the best sort we could. _may _ (_singuach _).--we had carpenters, laborers, masons, and caneman, for the howse. also we receved i m. ij c. ordinary tilles from tabola. and our rearing of the gedong being ended, we made a feast to the carpenters, and gave these presentes, viz. to tayemon dono, pec. blak satten and ij _barsos_ wine and fishes; to synemon dono pec. blak satten, he being kinges carpenter; to two other master carpenters pec. white lyns; to other master carpenters pec. canton damask; to yong carpenters, each one one _mas_ in paper. and cushcron dono, yosemon dono, shezemon dono, sent each one a _barso_ of wine and fishes. tonomon samma envited the emperors ambassadors to a hunting, and provided a banket for them and persons more in the woodes (or forest), where they went to hunt; but the ambassadors retorned back in the mid way and tasted not of the banket; the reason i know not. _may _ (_singuach _).--we had carpenters, laborers, masons, and caneman, for the howse. and we receved ij m. v c. lx ordinary tilles from imory, and vj c. ditto from tabola. this day themperours embassadors departed from firando, and semi dono accompanid them to languai. the x japon coates or _kerremons_, sent from the emperours councell to capt. camps and my selfe for a present, came this day, and we tooke each of us . and i gave of myne to mr. eaton, mr. osterwick, and ric. hundson. these came per the expres we sent up about procuring price of our lead; but noe answer of any price or any end to be made consernyng our prize goodes taken in the friggott. _may _ (_singuach _).--we had carpenters, laborers, plasters, and tilors, for the howse. and the hollanders and we agreed to send an other expres to edo with letter, to procure the dispach of price of our lead and ending prize goodes, viz. to oyen dono, to codgskin dono, to itamia quenusque dono, to matsin dayre yemon, of themperours councell; to figen a came, king of firando; to torazemon dono, his secretary. these letters we sent expres per a foote post, because we have no finall answer of our former; and pay the post _tais_ for his voyadge. and we rec. iij m. x tilles ordinary from imory, and j m. j c. from tabola. also a barke with xj free stoones from nangoya. _may _ (_singuach _).--we had carpenters, laborers, plasterers, tilors, for the howse. and we rec. ij m. v c. iiij xx ordinary tilles from imory, and iij c. xx from tabola. _may _ (_singuach _).--we had carpenters, laborers, plasters, tilors, masons, for the howse. _june _ (_singuach _).--we had carpenters, laborers, plasters, and mason. _june _ (_singuach _).--we had carpenters, laborers, plastarars, and masons. _june _ (_singuach _).--we had carpenters, laborers, plasterers, and masons. the china capt. reportes that the newes at nangasaque is that a gallion and a junck which went from nangasaque the last yeare or monson for the manillias are cast away on the islandes of liqueas, and very few or non of the people saved. the junck, they say, belongeth to bongo dono, the king of arrima; and the friggat is ether that which went out first, wherin our runawaies were fownd, or else that wherin alvaro munos went afterwardes. as we sat at supper at night, there entred a japon gentellman into our howse, with or men attending on hym, and came into our halle before we saw hym. soe i desird hym to sitt downe and take parte of such fare as we had; which he did, and seemed to take it in very kind parte. and sowne after he sent me a jarr of _nipa_, or rack of _pi_, for a present, per one of his gentelmen, per whome i understood his masters name was ismo dono, a greate man of xaxma, whome the king of that place sendes up to edo to kisse themperours handes and geve hym thankes for the greate presentes and good entertaynment themperour gave hym at his being at edo. soe, after his man was departed, i sent ric. hudson with tome, our _jurebasso_, abord his bark (for he passeth secretly, and lodgeth not ashore) to crave pardon of his lordshipp, yf i had not geven hym such entertaynment as his worth deserved, being ignorant of his greatnesse and abashed at the honour he did me in sending me a present. and withall i sent hym a bottell of strong water which, as it seemed, he took in very kynde part. ric. hudson and the _jurebasso_ said he had a very great bark with a faire cabben in it, hanged all about with ruch damask, and attended on with many men, both ould and yong, with greate reverence and silence, their heads bowed downe to the grownd, soe that they judged hym a man of greate qualletie; yet he seemed not to be above xxx yeares of adge. _june _ (_singuach _).--we had carpenters, laborers, and plasterers, for the howse. and we went to cochie this day, to look on our wharfe or ston wall newly made, it being well don. _june _ (_singuach _).--we had carpenters, laborers and plasterars. and we dined at semi donos, where we had great cheare and kind entertaynment; and the hollanders are to dyne theare to morrow. _june _ (_singuach _).--we had carpenters, laborers, and plasterars. andrea, the boateswaine, retorned from nangasaque, and brought us a new boate or _foyfone_, cost xxx _taies_. and he bringeth certen news that the king of arimas junck is cast away at liqueas, and the people saved and retornd to arima per nangasaque, who bring the news; and also that the galliot wherin alvaro munos went is cast away, and not a man saved; and an other junck, the mast apering above the water, but not a man saved; soe they know not what junk it is, but dowbt it is jno. yoosens junk. _june _ (_singuach _).--we had carpenters, laborers, and plasterars, for the howse. and i paid j c. _taies_ plate barrs to tobio dono, in full payment of making the ston wall at cochie, he having rec. j c. _tais_ more before. and we gave him a peece black satten gratis, as we promised at bargen making; the wall being _tattamis_ long and vj _tatt._ broade and - / deepe at water side, as per agreement, but it is spans broader then bargen. the hollanders refused to goe to dynner to semi dono, because he envited us before them; which semi dono took in very ill parte. _june _ (_singuach _).--we had carpenters, laborers, plasterars. _june _ (_singuach _).--we had carpenters, laborers, plasterars, and tilors. and i paid i c. xix _tais_ more unto cosio dono, in full payment for making our kay or wharfe to sea wardes at firando, viz:-- _ta. m. co._ in r. of . at _mas._ per r. i c. r. is, in plate of bars in i c. l _tais_ paid hym before is ----------- _june _ (_gonguach _).--we had carpenters, laborers, and plasterars. the hollands capt. sent us sackes of barly for a present, in respect we have furnished them with skarbeare from tyme to tyme. alsoe they sent us greate _barsos_ of _morofack_, in place of littell ons lent them. _june _ (_gonguach _).--we had carpenters, laborers, and plasterars, and mason. and there was square stones for steares rec. this day from nanguay. _june _ (_gonguach _).--we had carpenters, laborers, plasterars, and masons. _june _ (_gonguach _).--we had carpenters, laborers, plasterars, and masons. and we receved tymber. _june _ (_gonguach _).--this day is a great feast, called _gonguach guench_, or the th day of the th moone called _gonguach_. having ended our new building, and tonomon samma being to goe to edo, we thought good to envite hym to dyner with other noble men daies hence. _june _ (_gonguach _).--we had carpenters, laborers, plastrars, and mason, for the howse. here was speeches geven out that both english and holland shipping ware without, wherupon above j c. barkes went out to meet them, with wyne, frutes, bread, hennse, and other matter. the reason was for that or englishmen and hollanders went to passe the tyme at cochie, and retorning back on horsback in hast, the people thought there was shiping entred, they english and hollanders telling them it was true. _june _ (_gonguach _).--we had laborers and plasterars, for the howse. there came to dyner this day, viz. tonomon samma, now called canzemon samma, kinges brother; sangero samma, now called matzera crodze samma; semi dono, more then the king; taccamon dono, lord cheefe justice of firando; ito stizemon dono, the poet or singer, a good drinker; morano cofioze, a gentelman, singer; sofo dono, a doctor of phisik, japon fation or _nifon cantange_; showan dono, doctor of phisik, eidem; ishon dono, doctor, eidem; shofan dono, doctor, eidem. all our neighbors came unsent for, to assist us in the making ready the dynner for the nobles, which, as it seemed was much to their content. and i had presentes geven me, as followeth:-- from tonemon samma. _langenatt_ lynen _catabras_ from sangero samma. silke _catabra_ lynen _catabra_ from semi dono. silk _catabra_ lynen ditto from taccamon dono. silk _catabra_ lynen ditto _june _ (_gonguach _).--we had carpenters, laborers, plasterars, and masons, for the house. palo dono, the gunpoulder man, bringeth news that a portingale galliot arived ij dais past at nangasaque, com from amacau; and some say j more is coming after, others say or . also the portingales report that junckes and friggattes which went from japon to manillas this yeare are cast away upon that coast, and that they saw non of our shiping nor hollanders upon the coast of manillas this yeare; but that may very well be, they keeping upon that parte called cagalion, and this news came from luson to amacow. _june _ (_gonguach _).--we had carpenters, laborers, plasters, and two masons, for the howse. we envited our neighbors and frendes to dyner this day, after the japon fation, with _caboques_, viz. coyemon dono, cofio dono, tobio dono, lisomon dono, genemon dono, sannemon dono, jenquero dono, yoyemon dono, faccata, yayemon dono, carpenter, shezemon dono, taffio dono, fioyemon dono, yoyemon, oylman, cuze dono, cuzemon dono, seyemon dono, yoiemon dono, nicolas martin, gembio, founder, ficobioy, founder, china capten, sinemon, carpenter, tayemon, carpenter, yoyemon, smith, cuemon, plasterer, zazabra dono, cushcron dono, mr. eaton, mr. ostarwk., my selfe. and we hadd the dansing beares, unto whom the gesse gave aboue xx _taies_ for a larges. _june _ (_gonguach _).--we had laborers for the howse. i receved a letter from goresak dono, dated in nangasaque dais past, wherein he writes me of the arivall of the portingall friggat or galliota from amacou, and that, as they report, vj more are gon from thence to luson in the manillias. and that they report an english shipp was cast away on the coast of china the last monson, and that of the men are in the portingalles hands at amacou. soe i dowbt it is the _unicorne_, or else it may be the english ship called the _hope_, or a small penisse which was sett out from pattania in company of the _royale james_ the last yeare. also others have letters that our fleete at manillas have taken china junckes; others report more, and that they have taken a portingall galliota. _june _ (_gonguach _).--i sent ij barrs plate to the ij companis of dansing beares or _caboques_. _june _ (_gonguach _).--we had carpenters, laborers, plasterars, and masons, and tilors, for the howse. we dyned at tayemon donos, the master carpenter, where we had good entertaynment, with dansing beares. _june _ (_gonguach _).--we had carpenters, laborers, plasterars, and masons, for the howse. i receved a letter from pasquall benito, dated in nangasaque yisterday, accompanid with a duch letter directed to capt. leonard campes, which came from camboja, wherin he is advized that the news theare is that seale of shipps came the last yeare out of england and holland for the indies, to passe by cape bona speranza, and that seale were prepared to com out of spaine same way. also a small galliota is arived at nangasaque which came from manillias, and is com emptie. soe it is thought she is a theefe run away from spaniard to seek purchases. and we receved tymber at cochie. _june _ (_gonguach _).--we had laborers, plasterars, and i mason, for howse. we fownd the greate ancor, lost when the _james royall_ went out; and paid for finding it bars plate. and bonga samma sent me a leane pork for a present. _june _ (_gonguach _).--we had carpenters, laborers, plasters, and i mason, for the howse. and we have news that itamia migell donos junck is retorned to nangasaque, and hath lost her voyage. _june _ (_gonguach _).--we had news that the china capt. junck is arived from tonkyn, which staid theare the last monson, now arivd at nangasaque. _june _ (_gonguach _).--we had carpenters and laborers. i rec. a letter from itamia migell deno, dated in nangasaque the th of _gonguach_, wherein he writes me of the losse of his voyadg, and that he will come hym selfe and bring me my _goshon_ before it be longe. and oyen dono, with an other cavelero, cam to thenglish howse, sent from tonomon samma, semi dono, and taccamon dono, to warne us, when our shiping came in, that our marenars walked not ashore with weapons or _catanes_. _june _ (_gonguach _).--i receved a letter from china capt., dated in nangasaque th _gonguach_, of his arivall theare and of the junck com from tonkyn, but that his factor he sent is left behind, and a new small junck retornd in place of ould. also that he understandes our shipps are arived in the bay of manillias, and have taken ij china junkes, and that few adventure now to that parte for feare of us and the hollanders; and that the ould emperor of china and his sonne are dead, and thempire com to a yong man, his sonns sonne. _june _ (_gonguach _).--i rec. a letter from pasquali, dated in nangasaque daies past, wherin he writes me that the admerall of thenglish hath cut affe the head of an english capt. in the manillias, and hanged other english men; and that the _unecorne_ was cast away upon the coast of china, and that furbeshar, the carpenter, his wife, and maid, are prisoners at amacow. these news the friggat or galliota, which cometh from the manillias, hath brought. and that the galliota of the capt. more, which went for manillias, is cast away, but alvaro munos arived in safetie; and that they are making ready a good fleete of shipps and gallis at manillias. but i esteem it all fables of puting to death of a capt. and others at manillias. about nowne there came one runing from the hollands howse, and brought news that shipps, english and hollanders, weare arived on this coast, neare to cochie roade. soe mr. eaton and mr. osterwick went out on horsback by land to see what it was; and sowne after capt. specks and capt. camps followed. god send us good and profitable news. and sowne after came news that ij english and i duch shipp weare arived and at an ancor in cochie; whereof i sent word to tonomon samma, bonga samma, semi dono, and taccamon dono, per our _jurebasso_. and soone after arived ashore mr. cockram and mr. tubervill, and brought news all the fleete of shipps, both english and duch, were arived at chochie, and that they had taken china junckes in all. _june _ (_gonguach _).--i went abord the shipps, where, after my arivall, there fell debate ashore betwixt english and duch marrenars. soe one hollander was slane and divers others hurt, both english and duch, espetially englishmen. so the admerell called a councell, where it was determined to seek out the murtherers or strife makers on both partes, and to punish them with death or otherwais, according to desert. alsoe it was ordayned to begyn to unlade our shipps on munday, mr. cockram to be at hollandes house to take acco. of all landed, and mr. balke at english howse, to like effect; and duble lock to be put on dores till the goodes be vallued and parted. _july _ (_gonguach _).--notwithstanding the orders taken by councell that nether english nor hollander should goe ashore with weopens, to prevent quarreling, yet the hollanders flocked on shore with swordes and _cattans_ and sett upon our unarmed men and slew one and hurt divers others; and, as it is said, are alowed and sett one per comander jonson, vizadmerall. _july _ (_gonguach _).--we receved ashore this day ij boates lading of prize goodes, being fardelles and chistes, great and small, but i know not what is in them; and put duble lockes on the dore of the gedonge, both of ours and the hollanders. allsoe we receved iij boates ladinges priz goodes, landed at hollandes howse out of their shiping, and put into their gedong under double lock likewais, being fardels and chistes, whereof ij boates lading came out of the ship _bantam_. and towardes night capt. adams, capt. clevengar, and capt. lennis came ashore to english howse, and comander johnson to hollandes howse, to seek out all the marrenars, english and duch, and to send them abord, to keepe them from brawling. _july _ (_gonguach _).--we receved prize goodes ashore out of the duch shipp _bantam_. _july _ (_gonguach _).--we rec. prize goodes out of _moone_ and _bantam_. _july _ (_gonguach _).--an englishman of the _elizabeths_ company, being drunk, much abused hym selfe and drue his _cattan_ against the japons, but they took it from hym and drubd hym sore, and i think had kild hym, yf i had not taken hym out of their handes and sent hym abord. _july _ (_gonguach _).--i sent ij drunken englishmen abord the _moone_, the one called gray, a calker, for misusing the admerell in ill termes, as many witnesses heard. mr. henry smith, purcer of the _royal james_, had a child by a japon woamon, and was christned this day per mr. arthur hatch, prechar, per the name of henry; mr. joseph cockram and mr. wm. eaton, godfathers, and maria, mr. sayers woaman, godmother. _july _ (_gonguach _).--the admerall, capt. robt. adames, with the rest of the english comanders, came ashore to thenglish howse at firando and satt in councell about the murthering of a hollander by an english man, called john peterson: viz. robert adames, charles clevenger, edmond lennis, jno. munden, arnold browne, seamen; joseph cockram, wm. eaton, edmond sayer, jno. osterwick, ric. cocks, english merchantes; with mr. vaux, a hollander, whoe spoke english, to be enterpreter or heare what duchmen aledged against john roane, the murtherer of jno. peterson, whoe all with viva voce accused the said roan to doe the acte in their sight, and stabed hym into the leaft brest and soe to the hart (with a knife), that he never spoke word but fell downe dead, the wound after being seene and serched by mr. owen and mr. eaton, chirurgions, whoe saw the corps taken out of growne daies after it was buried. the jurie empaneled weare named as followeth, viz.:-- _eliza._ robert turbervill, foreman, wm. morgon, john goulding, _bull._ ric. wattes, wm. legg, _palsgrave._ jno. humphrey, ed. bates, tho. harod, bartholomew ale, _moone._ galliard, guner, phillip okebank, roger burdok, and the names of men witnessing against rone, viz. jno. ive, an englishman; derick harmonson, duchman; evert lubbertson, duchman; jno. johnson, duchman; jno. henrikson, duchman; joyemon dono, a japon, in whose howse it was donne, at cochie. _july _ (_gonguach _).--the shipp _elizabeth_ entred the harbor of firando this day, without any helpe of boates, and without order ether from the admerell or capt., and came agrowne, not without greate danger, yet got afe againe. _july _ (_roquenguach _).--this day jno. roan of bristoll, marrenar, was condemned by the xij men before nomenated, for killing of jno. peterson, a duchman, and hanged at the yard arme abord the shipp _elizabeth_. he confessed before his death that he kild the said man, being in drink and not knowing what he did, wishing all the shipps company to take example by hym, and to beware of woamen and wine, which had brought hym to that untymely death. he died very resolutely, and receved the sacrament by mr. arthur hatch befor he went to execution. capt. robt. adames was forced to put the roape about his neck with his owne handes, for non of the shipps company would doe it, yf he should hang them, and soe tould hym to his face. and we rec. prize goodes out of _bantam_ and _hope_. _july _ (_roquenguach _).--we rec. prize goodes ashore out of the dutch shipp _hope_. _july _ (_roquenguach _).--we rec. prize goodes ashore out of duch _hope_, and out of ship _palsgrove_. _july _ (_roquengach _).--tonomon samma and semi dono sent to us and the hollanders, in the kinges name, to desire us to lend hym xx m. _taies_ in plate, for a tyme, for that he had marid the emperors kinswoaman the of last moone, and will bring her to firando shortly. _july _ (_roquenguach _).--the admerall, capt. adames, came to firando to confer about vizeting the prince and semi dono to morrow. soe we and the hollanders did conclude to vizet them to morrow, viz:-- for tonomon samma. barell spanish wine china bason full ginger conserv, poz. _cattis_ china bason full nutmeg conserv china bason with peper, poz. _cattis_ for semi dono. barell wine ditto china bason conserv ginger, poz. _cattis_ ditto with peper, poz. _cattis_ _july _ (_roquenguach _).--we went and deliverd our presentes as before named, and had very frendly entertaynment and taken in good parte. and the prince caused a helth to be drunk rownd for the good news of the kinges his brothers marriadg with themperours kinswoaman, and an other for the safe arivall of our shipps. _july _ (_roquenguach _).--the _tono_ sent word unto us and the hollanders that we must carry back our shipps to cochie, themperour and his councell soe comanding. unto whome we answerd, that we brought them into firando at their request, not without greate danger, and, the wind being contrary, could not carry them back againe; and that within a few daies we ment to goe to themperours court to kisse his handes, and in the meane tyme, or at least till the king retorned to firando, to let them rest as they weare; which they seemed not to be unwilling to permitt. also semi dono sent againe both to us and the hollanders to know whether we would lend the king , _taies_, as he formerly requested. unto which we retorned answer that first we must pay the debtes we owed, and then furnish our shiping with the needfull, and afterwardes, yf we had an overplus, we weare ready to serve his highnesse in what with reason we might doe. _july _ (_roquenguach _).--the _tono_ sent againe both to us and the hollanders, to know whether we would lend the king , _taies_. unto whome we made answer, as formerly, that, our debtes being paid and shipps furnished of the needfull, we then would doe his highnesse any lawfull servis we could. _july _ (_roquenguach _).--i went to cochie to vizet thadmerall, as also to look upon the new building and to take acco. of tymber. and i fownd there had byn a broyle there betwixt the japons and hollanders, as the like was at firando daies past, where a hollander stabed or hurt japons, for which they drubed hym well and took hym presoner, and keepe hym in durance till this hower, the _tono_ sending the hollanders word that he would not suffer hym to be delivered into their handes, except they would promis before hand to put hym to death; which the hollanders answered they could not doe, because he had kild no japon, but they would wound hym or cut hym as bad or worse then he had hurt the japons. and soe the matter restes till this day. _july _ (_roquenguach _).--i wrot a letter to capt. adams, admerall, to cochie, per tobio dono, to take measure and make the steares at key. the unruly marrenars of the hollandes shipps, being drunk, did ride over children in the streetes, and slasht and cutt japons. whereupon the justis took two of them presoners, and without any more adoe cut affe their heades. and i heard of a scotsman which ment to run away to nangasaque, called james lester. soe i sent a boate and brought hym back. _july _ (_roquenguach _).--i wrot a letter to capt. robt. adames, and sent hym lester, the runaway, to cochie. and matias, the hollander, and swagger did arive this day at firando from cochinchina, in a junk which brought them to nangasaque; and bring word they met with an english shipp neare amacou, called the _pepercorne_, wherin came merchant mr. bugims, that was purcer in the _unecorne_ the last yeare, when she was cast away neare amacou, and now is bound for this place in the _pepercorne_, and, as matias saeth, is to stay upon the coast of amacou till the middell of august, before she com for japon, to look for bootie. god send her well in. only i note it neglegence that they wrot us not word how we should prepare our selves for busynes to succeade. _july _ (_roquenguach _).--capt. camps and my selfe receved letters this day from themperours court in answer of ours sent per expres, viz. from codgsque dono, that priz frigot was not ended; from king firando to same effect, and that price of lead was not made; from torazemon dono, lardg, how that emperour had comanded we nor hollanders should carry no munition out of the cuntrey, nether any japons in our shipp, and that much ill was reported to the emperour and his councell against us and the hollanders, as he could not write it per letter, but would relate it per word of mouth shortly at his arivall at firando. and towardes night we had newes the shipp _pepercorne_ was arived at cochie roade in firando. so i sent mr. ed. sayer, mr. jno. osterwick, and hary dodsworth abord with a barill _morofack_, loves fresh bread, a hogg, hense, fisantes, with redish, cowcomber, and millons. but presently after mr. morton, the master, with mr. bogins, the merchant, and georg christmas, purcer, came ashore and brought me these letters following, viz.:-- dated th aprill in jaccatra, from the precedent mr. ric. fursland from mr. tho. brockedon with a note of instructions for orderly keping acco., and broad cloths, no. and , and a bill lading thereof fermed per georg cristmas. letters from pattania, of th and th june, verbatum, from mr. jno. jourdaine. from sr. tho. wilson, dated in london, th november, . _july _ (_roquenguach _).--i receved chistes r. ashore out of the shipp _pepercorne_, from jaccatra, from precedent fursland, per the handes of georg christmas, purcer, should contain , r. , for which i gave a recept of my hand, with ij broad cloathes. and heare arived a hollandes ship, called the _muyen_ or _mugon_, from jaccatra, wherin sr. albartus the hollander retorned and brought me these letters following, viz. copie of former rec. per _pepercorne_, from precedent mr. ric. fursland, dated th june, with a relation, dated the th ditto, from the councell of defence, that our fleete shall retorne back this yeare for manillias, and wm. johnson goe for admerall, and capt. robt. adames vizadmerall. _july _ (_roquenguach _).--jno. avery, pursers mate of the ship _elizabeth_, died this morning of a wound he receved from a fleming called jno. johnson van hamborg. _july _ (_roquenguach _).--we opened chist no. , which came in the _pepercorne_, in presence of mr. bogens, mr. eaton, mr. sayer, mr. osterwick, ric. king, and my selfe, and did both tell and way it over, and ther wanted - / r. of in it short of , r. . the duch envited admerall adames and rest of thenglish to dyner this day to hollandes howse. _july _ (_roquenguach _).--we changed this day r. for plate barrs, viz.:-- _ta. m. co._ r. to cushcron dono, is - / r. to pasquall, is r. to jno. portis and harnando r. to mr. hatch, is bars _august _ (_roquenguach _).--we had a councell or speches about geving the xvj parte of priz goodes to the marrenars, and that the admerall and comanders of fleet should geve in securety under their ferme that the shipps companis would not goe to manillias this second tyme without it. _august _ (_roquenguach _).--i delivered j c. _tais_ small plate to capt. robt. adams, admerall, to pay unto x japons which went in our fleet for manillias, each one x _taies_ per man; their names as followeth, viz.:-- in the _moone_. jenza sanshero cuishti in _bull_. cusa matias goresak in _elizabeth_. tuestro shengro cugero gibatch _august _ (_roquenguach _).--we sould all our silke which came in the manillia fleet unto tozayemon dono of sackay, as followeth, viz.:-- fine white pole silke, at _tais pico._ second sort pole silke, at " " kense or oylie silke, at " " sleze silke, at " " white twisted silke, at " " blak pole silke, at " " cullered pole silke, at " " but sowne after came news that or galliotas weare arived at nangasaque from amacon and had brought much silk and stuffes, and soe he said he would goe from his bargen, notwithstanding he had geven us a bill under his hand writing for performance. the bill of tozemon donos to take our silk was made in such sort that he might take but i _pico_ of a sort, yf he would, for no quantety was set downe, nether that he should take all. this was donne per neglegence of mr. eaton, that trusted his boy and would not call for a _jurebasso_. _august _ (_roquenguach _).--jno. yossen came to thenglish howse to begg the life of the hollander condemned for killing mr. avery, but could not preveale. _august _ (_roquenguach _).--this day, before nowne, the hollanders did behead jno. johnson van hamborg, for killing mr. avery, or english men standing by at doing theirof; they having first made the man soe drunk that he could scarse stand on his legges, and soe cutt affe his head within their owne howse. we had news for certen this day that galliotas were arived at nangasaque from amacou, with silk and stuffes, and others yet without to enter. also mr. christofer bogans had a letter from a portugez at nangasaque, wherin he wrot hym a long cercomstance how well the men (espetially the woamen) weare used that escaped out of the shipp _unicorne_ in china, when she was cast away; and with what pompe the woamen weare receaved; with many other portingall lies. others also wrot that china juncks, portingall friggottes, arived at manillias after our fleete was departed from thence, soe that now both silk wares and all other provition of munition and victuell[ ] [ ] the sentence unfinished. _august _ (_roquenguach _).--the _bulls_ company wholy mutyned, and of them came to firando and deliverd a writing unto me, wherin they demanded their th parte of priz goods. and, after, capt. adames, admerall, wrote me to take one james martin, a scotsman, yf he came to firando, and lay hym in irons. this scott is he which stured up the _bulls_ men to muteny, promising to perswade the _moons_ men to doe the like and to follow them, "because" (said he) "they sell away the goods, and, yf yow suffer them to carry them away, yow shall never have any thing". _august _ (_sitinguach _).--we had a jenerall counsell this day at the english howse, both of english and hollanders, where it was ordayned that the duch should carry the flag in the meane topp, as admerall, this second voyage for manillias, and the english as vizadmerall. but capt. robt. adams, admerall the former voyadg, aledged he was free per meanes of a letter he brought out of england, and soe ment to resigne his place to capt. chorles cleavenger and retorne for jaccatra. unto whome it was objected that, yf he shronke, it was a bad precedent to make all the rest doe the like. unto which he replied that, rather then that should happen, he would goe meanest man in the fleete; yet that he would not put out the flagg in the fore topp for or daies space, and in the meane tyme would take adviz what was best to doe. and soe jno. jonson was ordayned admerall, to put out his flagg in the meane top to morrow; and that the councell of defences ordenances should be read abord all the fleete to morow; and a muster taken how many men their were, and soe to know each mans opinion, what he would replie against these proceadinges. also it was brought in question at the same councell, tuching the abuse of one , master of the shipp _swan_ and on of the councell of war, how he per force did enter per night into the th junck taken, with som or men with weopens and close lantarns, and, after the beating and misusing of the englishmen which had pocession, did pilledg and sett the junk on fire, leaveing the english men in her to be burned, yf they hadd nott byn releeved. unto which jno. johnson, the admerall, replied that our men had used other abuses to his men. which, in the end, was remitted till they came to the councell of defence at jaccatra. _august _ (_sitinguach _).--this day jno. johnson was made admerall both of duch and english, and proclemation made abord each shipp, both duch and english, and all presoners sett at libertie for any muteny hertofore, the duch at request of capt. adams and the english at request of jno. johnson, admerall. china capt. went to nangasaque, and andreas with hym, to bring about the china capt. junck, to carine our shipps by. _august _ (_sitinguach _).--gonrok dono passed by this place to nangasaque, and capt. leonard camps and my selfe went to hym about priz of our leade, and he, being ready to departe, willed us to follow hym to nangasaque. _august _ (_sitinguach _).--capt. robt. adames, our late admerall of the english and duch fleete to the manillias, now made vizadmerall, called a councell of these following, viz.: capt. chorles cleavengar, capt. edmond lennis, mr. jno. munden, mr. arnold browne, seamen; joseph cockram, wm. eaton, ric. cocks, merchantes--wherein he desired to be dismissed from going vizadmerall this second tyme to manillas, shewing a discharg from our right honble. company in england, being permitted to retorne for england per first shipp which came; yet, in respect the councell of defence had now made a second chose of hym (he striving to put it to capt. chorles clevengar), yet we all in generall put it upon hym, which he in the end condecended unto, to put out his flagg in the fore tope to morrow morning. yt was agreed per us and the hollanders that to morow morning capt. speck and another hollander, with mr. cockram and my selfe, should goe for nangasaque to morow, to make an end about price of our lead, as also to provide any thing wanting to geve to the emperour and councell for presentes. _august _ (_sitinguach _).--we agreed with cushcron dono and the oyleman for these parcelles following, viz:-- _pico_ biskit, at _ta._ _ma._ _co._ per _pico_. sackes fyne rize of _gantas_, as duch pay. _pico_ hempe, at _ta._ _m._ _co._ _pico_. for ships provition, to be deliverd within mo. after date. also agreed with nicolas martin for these parcels, viz.:-- _pico_ biskit, at price abovesaid. buttes rack, containing , _gantes_, at _gantes mas_ bar. and i paid j c. _tais_ to yoshozemon dono, our beefe man, upon acco. of beeves, whereof he paid unto gennemon dono, the other beefe man, _tais_ for beeves, at _tais_ beefe. _august _ (_sitinguach _).--i paid out in barr plate to purcers, viz.:-- _ta. m. c._ j c. _tais_ to mr. neve, purcer of _moone_ j c. _tais_ to mr. watts, purcer of _bull_ l. _taies_ to danill white, purcer of _palsgrove_ l. _taies_ to christmas, purcer of _pepercorne_ and i paid the glover shewmaker, for peare of pompes at ij _mas_ per peare, _m._; more to hym for a _cattan_ handell red lether, _m._ _august _ (_sitinguach _).--i embarked this morning, in company of mr. cockram and ric. king, to goe towardes nangasaque, as capt. camps and mr. vaux did the like, to speake with gonrok dono about receving money for our lead. but, at our first seting out, fell much rayn; soe we, being in an open bark, retorned back againe. we agreed or bargened for these provitions following for manillia fleete, viz. with the gunfounders, for , _gantas_ ordnary _rak_, at ij _gantas_ per _mas_, to be delivered within monthes; with oyen dono and his sonne, for , _gantas_ redd _garvanse_, at - / _gantas_ per _mas_. _august _ (_sitinguach _).--we set forwardes towardes nangasaque this morning after sun rising, and arived theare the same day howres before sunne seting, and fownd capt. camps and the duch arived theare at midnight before. _august _ (_sitinguach _).--we and the hollanders sent our _jurebassos_ to gonrok dono and feze dono, to tell them of our arivall heare, and that we desired to com and kisse their handes when they weare at leasure. and we laid out presentes, viz.:-- for gourok dono, governor. _tattamis_ stamet cloth _cattis_ white raw pole silk peces diaper tabling _cattis_ of pepper peces sleze land for feze dono, major. _tattamy_ stamet cloth _cattis_ white pole silk pec. diaper napkening for skidayen dono, secretary. _tatta._ stamet cloth peces diaper napkening pec. wroght sattins, cullers for yasimon dono. peces cullard taffeties peces ordenary damasks and i wrot a letter to mr. eaton, to firando, per andrea dono in china capt. junck, with vj peeces iron ordinance and carages for them, and how i paid xxv _tais_ plate barrs to hym. within night lansman the duchman came to vizet me, for by day he durst not, for feare of the excomunecation, telling me it was defended that noe roman catholick might open their mouth to speak to us. _august _ (_sitinguach _).--we went to vizet gonrok dono with the present nomenated yistarday, and he of hymselfe began to speake about the price of the leade, telling us that the councell thought iiij _taies_ per _pico_ enough, and therefore he durst not presume to geve more. unto which we answered that themperour might take it for nothing, yf he pleased, yet we knew it was in his lordshipps handes to sett what price he pleased; and, seeing ogosha samma of famos memory sett the price at vj _taies_ per _pico_, to take all which came at that price, and shongo samma his sonne, the emperour that now is, did conferme it, we hoped his lordshipp would have consideration thereof, and the rather, for that we hadd now byn driven affe a yeare and a halfe, and could not make benefite of our good nor monies, but weare forced to take up money at interest. and, to conclud, we tould him he hym selfe did offer - / _taies_ per _pico_ the yeare past; yet it seemed he did not remember the same. and soe, being late, we departed and left it to his lordshipps consideration till to morrow to think better thereof. and soe we went to skidayen dono, his secretary, and carid hym the present nomenated before, desyring hym to put his master in mind to end the acco. of lead. within night nicolas marin, an italian and pilot to the portugezes, came to vizet me, because he durst nott doe it per day, and tould me how all weare excomunecated that did ether buy or sell with thenglish or hollanders, or had any conversation with them, or did soe much as put affe their hattes or salute them in the streetes. _august _ (_sitinguach _).--i wrot a letter to mr. eaton, and sent it per mangusque, zazabra donos servant, advizing how gonrok offerd us now but _tais pico._ for our lead, as also of the difference betwixt gonrok with the japon merchantes against the portugezes, about the quantety of silk com in the friggates, and how he makes _pancado_ of stuffes now as well as of silke. and i wished mr. eaton to sell away our silk, yf possibly he could, for it is said there is neare j m. _pico._ com in these friggots. and we carid our presentes to feze dono and yasimon dono, as is noted downe the th present, and desired them to be a meanes to gonrok dono to make an end of the price of the leade, or to tell as what we should trust unto. the hollanders supped with us at china capt. and have envited us to dynner to their lodging to morow. _august _ (_sitinguach _).--we sent to gonrok dono to know his answer at what price he would set our leade. soe he replied he would geve us - / _taies_, upon condition we would geve hym a bill of our handes that, yf the emperour and councell weare not content to geve so much, we should let it goe for lesse. unto which both the hollanders and we answerd that we would com to a sett price, were it at - / or otherwais; the which he took in such snuffe as he sent our present back againe to hollandes lodging. and i delivered an other letter to yasobro, tayemon donos wives brothers servant, advising how gonrok dono had retorned a flatt answer he would geve but _taies_ per _pico_ for lead, as also of arivall of the junck from manillia wherein wyamon dono went capt., and that all was lies of junckes and friggats which arived after our fleete came away. this after nowne the junck, wherein wyamon dono went for manillia with capt. adams _goshon_, is now retorned to faconda roade, and migell com ashore with news they have made a very badd voyage, and that they were badly used per the spaniardes, miscalling them because they were frendes to the english and duch. they also report that, after our fleete came from manillias, noe junckes entred theare [with exception] of only emptie ons which our fleet set at libertie, haveing rifeled them; as also ij friggates arived theare and went in on the back side of manillias for feare of our fleete. _august _ (_sitinguach _).--this day entred an other galliota from amacou, which was daies in way, and bringeth silke, silk stuffes, and black clo., or matta of cotton. _august _ (_sitinguach _).--i wrot a letter to mr. eaton and rest, how we could not agree with gonrok dono about our lead, with other occurrantes; but, after, we came to agreement at - / _cattis pico_ lead. manillia junck of wyamon dono arived at nangasaque; and they report that all japons must be banished out of manillias and non traffick theare hearafter. _august _ (_sitinguach _).--the hollanders and we went to take our leaves of gonrok dono and would have left the present with skidayen dono, his secretary, but he would not receve it, telling us gonrok would be at firando before it weare long, and then might we better present it theare. also gonrok tould us he would send men to firando to way out the lead and pay our money theare forthwith. and soe, towardes night, the hollanders departed towardes firando on a sudden, we having formerly agreed to goe togeather to morow morning. and i receved a letter from mr. eaton at firando, howe he had sould _cattis_ white twisted silke more to tozemon dono, at _mas catty_ is also deare skins to tobio dono, best sort, at _tais_ per cento, is and delivered russia hides to feze dono, at _tais_ hide, is _august _ (_sitinguach _).--i receved letters from firando, viz., from mr. osterwick, from mr. eaton, with a coppie of ij letters from molucos from thenglish agent. _august _ (_sitinguach _).--we departed this morning towardes firando, and paid out for diett whilst we were theare to the goodwife for howsroome to the servantes and stuffes given for presentes, viz. pec. black chaul taffety to capt. whows sonne, pec. ditto to china capt. doughter, pec. ditto to augustyns sonne. and we went to setto to bed, wind being contrary, and staid all night; and paid charges _ta._, and to his ij childron that brought present of fish and pompians _mas_. _august _ (_sitinguach _).--about midnight we arived at firando, where we found a duch shipp _amsterdam_ entred, she coming in on the north side of the iland, and was driven to nanguay in crates; and there the hollanders falling at debate with the japons of crates, they fell together by the eares on shore, and hollander was kild and divers others hurt, and the japons went not skot free. _august _ (_sitinguach _).--the king of firando arived heare this day at nowne from the cort of edo; and we went out in a boate and met hym, as the duch did the like, and they shott affe store of ordinance both from howse and abord shipps; but all our ordinance weare ashore, the shipps being on carine, soe i sent mr. cockram with a _jurebasso_ to bidd his highnesse welcom, and to exckews the not shouting ordinance, which he took in good parte as well as yf we had shott. _august _ (_sitinguach _).--i receved a bill from tozemon dono for i c. xxviij pec. canton damask of deceased capt. adams acco., at ij _tais_ per peec., to be paid in bar plate at demand, is ij c. lvj _tais_. and i rec. a letter from the domine of the duch ship _amsterdam_, dated at mallayo in molucas the th july last past, sent from mr. wm. nicolas, agent; wherin he doth write of the indirect dealing of the hollanders against our honble. emploiers. and there was iiij c. peeces manta, or cotton clo., delivered to mr. jno. neve, purcer of the shipp _moone_, for shipps use, viz. peces browne cangas, peces light blews. _august _ (_sitinguach _).--we went to vizet the king of firando, both we and the hollanders, and carid hym a present of ij _barricos_ of spanish wine, / a _pico_ of cloves, and / a _pico_ of peper. the wine he took, but the rest he refused. he urged very much to have capt. speck to goe to edo this yeare, in respect he was well knowne to themperour and his councell, as also thenglish had need to send one that knew the orders of japan, for that we had many enemis at court per means of the portingales and spaniardes and their well willars which weare many. unto which we answerd that we would take councell about the matter and have in remembrance what his highnesse had made knowne unto us. we envited the hollanders admerall, merchantes, and all the rest of princepalles to dyner after to morow, being sattarday; but the admerall, wm. johnson, denied. _august _ (_sitinguach _).--tonoman samma, the kinges brother, sent for capt. camps and me in all hast, to speake with hym; which we did; and was to put us in mynd both from the king his brother as also of hymselfe that, at any hand, we should keep capt. speck heare this yeare to goe up to edo to themperour, as also to be a meanes to end other [things]. _september _ (_sitinguach _).--wm. johnson, thadmerall, with all the cheefe of the hollanders, came to dynner this day, and supped with us likewies. and we hadd the _caboques_ after dynner. and unagense dono sent me ij _catabras_ for a present, i of silke, and the other lynen cloth. also the justis, taccamon dono, sent us word to geve over making _gallegalle_[ ] in our howse we hired of china capt., because the white lyme did trowble the player or singing man, next neighbour. soe we were forced to doe it, notwithstanding it cost us xx _taies_ to build that howse, and soe to make and hier a new one in an other place. the report is that bonga dono is dead, and that he died the day before the kinges arivall; and yett it is not published till the feasting be past for joy of the kinges marriadg and his safe retorne. [ ] hindustani: _galgal_, mortar made of lime and linseed oil. _september _ (_sitinguach _).--the king sent to semi dono to signefie unto hym my answer tuching capt. speck, that i agreed with hym that it was fitting he should stay this yeare, and goe for edo about these busynes. soe semi dono sent me word to contynew in that opinion, for that it was good and profitable to both companis. _september _ (_sitinguach _).--a portugez, called ranelles, came from nangasaque, offering his service to goe in our fleete, telling me that lopas sermiente caravalle, the new capt. more, had misused hym without occation; yet i suspect him to be a spie sent to see what we doe. _september _ (_sitinguach _).--we went to the king, being sent for, both the hollanders and us, where he made known to us a writing sent from themperor and his councell, that no stranger should buy any slaves, ether men or woamen, to send them out of the cuntrey, nether carry out any armor, _cattans_, lances, _langanantes_, poulder or shott, or guns; nether any japon marrenars to goe in our shipping. and we were envited to dyner abord the duch shipp _amsterdam_, where we wanted no drink. _september _ (_sitinguach _).--i sent our _jurebasso_ to cochie to know wherefore the kinges _bongew_ would not permitt our tymber and boardes to be landed at our howse, as also what he ment to take ij of our men presoners upon no occation. and he retorned me answer, he did not forbid the landing of our tymber, but only gave his men charge (per order from the king) to serch all the barks which came into cochie, for to see whether they brought any armor, weapons, or munition (thinges defended per the emperour), which might be brought in boates under tymber or boardes as well as otherwais. and tuching our two men, the one being charged with stealing of a knife, as he confesseth, but the japans burthen hym with stealing of money, and the other for the bad handling of a woaman great with child, whereby she cast her child; "yet", said he, "i make acco., yf yow speake but one word to semi dono, he will sett them free". also oure marenars of the shipp _pepercorne_ through their neglegence sett a hodd of stuffe or pitch on fire, which had like to have burned all our howsing and the towne of cochie, and burned us som trees or rownd tymbers of , , and _tais_ per peece. and i sent the _caboques_ ij barrs plate, containing vij _taies_, for playing when the hollanders weare heare. _september _ (_fatinguach _).--i paid to the _maky_ man, canzemon dono of miaco, i c. xxxvj- / _tais_ plate bars for these parcells _maky_, viz.:-- _ta. m. co._ _maky_ basons and ewers japon fation, at _tais_ pees ditto with ewer, with duble handell, at _macky_ posset pottes (or boles) with covers, at _tais_ peare playing tables with men, at _tais_ peare black basons and ewers japon fation, at - / _tais_ pes ditto with ewer and duble handell, at black posset bolles with covers, at _tay_ pe. _september _ (_fatchinguach _).--i went to semi dono, mr. cockram and mr. bogens accompanying me, to desire hym our ij englishmen might be sett at libertie, which they comanded us to keepe in preson, we having greate occation to use them in our shiping this faire wether, and that they were accused of mier mallice, becase a japon was taking of suspition for killing an englishman; but, for that japon, we left it to his lo. pleasure to make ferther proofe, as he pleaced, for that we could say noe more then we hadd donne. also i desired that we might be discharged of the japon theefe we tooke stealing the hoopes of iron affe our cask; unto which he answered we weare best to make the matter knowne unto tonomon dono, unto whome he was ready then to goe, and to sett all downe in writing; which we did. the one side of the _palsgrove_ was wholie sheathed this day from the keele to the bend. _september _ (_fatchinguach _).--i rec. a letter from gonrok dono to way out the lead to his men per whome he sent the letter. i delivered into the factory, for presentes for themperour, _cattis_ white twisted silk at _tais pico_, : : ; _cattis_ white pole or lankin silk at _ta. pico_, : : . gonrok donos men, with the king of firandos _bongews_, came to look on our lead; and on munday morning will begin to way. _september _ (_fatchinguach _).--at nowne the king sent for me in all hast to com to hym; which i did, accompanied with mr. edward sayer; where we fownd he had prepared a _jurebasso_ which spoake spanish. the reason he tould me was, for that he dowbted our other _jurebassos_ did not well understand what he had formerly said, in respeckt we had not resolved hym in all this tyme whether we determened to keepe capt. speck this yeare to goe for edo with others of our nation which knew the order of japon and were knowne to themperour and his councell, but to the contrary lett the spaniardes and portingales goe before us, whoe were our enemies, as all the merchants of nangasaque and miaco were the like, soe that we had no frend soe sure in japon to trust unto as he was; and, yf we would not beleeve his councell, we might doe as we list, for the falt was not in hym. unto which i made answer his highnes had reason, but that i was not in falt; and that he might know, yf it pleaced hym to let his _jurebasso_ goe with me to the hollandes howse to heare their answer. which he was contented, and withall bad me tell the duch admerall, with capt. camps and capt. speck, that, yf capt. speck staid not heare, he held them all for enemies to the english and hollands affares. the which i made knowne to the admerall johnson, capt. camps, capt. speck, and the rest; but it seemed they former made light of it, yet answerd they would call a generall councell to morow and speak of that and other matters. the which i certefid the king of per the said _jurebasso_, nicolas martin. also our ij men which were in preson were now sett at libertie. yet thadmerall, capt. adames, sent them abord the ship _moone_, to geve them exemplary punishment, because they might remember it another tyme; for out of dowbt som abuse their was, otherwais the japons would not have laid handes on them. _september _ (_fatchinguach _).--we had a generall councell this day at duch howse, where it was concluded that shipps this yeare shall procead againe to the manillias, to be ready to departe by the xxth of november next, ould stile. but that ij of them shall goe out before, within this or daies, viz. the _bull_ and the _moyen_, to stay upon the coast of china to look out for junckes, till the other com after to the place apointed them to stay; but yf, in the meane tyme, stormie wether drive them away, then to meete them at manillias, at a place apointed and tyme. also it was debated to have capt. speck stay this yeare and goe for edo as the king desired. but the duch admerall, capt. camps, capt. lefevre, and the rest would not consent thereunto, saying it la not in their power to doe it, he being sent for by their presedent and generall at jaccatra; but capt. speck spoke openly that the hollanders gave it out that this was a formed matter made betwixt the king of firando, capt. speck, and my selfe, to have hym stay heare an other yeare, without any occation or need at all. which for my parte i protest before god they doe bely me; for i did speake to have hym to stay heare only to content the king of firando, and for nothing else, because he was soe important with me and others about it. soe there was nothing donne about going up to themperour. of the which i advized the king of firando what the hollanders answer was, which gave hym small content, for he answerd that we should find his wordes true, that he gave us good councell, and that it would be to late hereafter to amend it, and therefore we should not empute the falt his. _september _ (_fatchinguach _).--we began to way out our lead this day per single _piculls_, and geve in each _pico._ a _catty_. and it should seeme the king being discontent because capt. speck stayeth not in japon this yeare, for he sent to the hollandes howse to seeke for pikes that were made ready to send for jaccatra and weare carid abord a shipp. but the king comanded they should be brought ashore againe, although capt. camps aledged they were bought the yeare past, before themperours edict came out; yet that would not serve, but they must be unladed againe. also it seemed he was angry with us, for he gave order that our laborers, which wrought about carining our shipps, should geve over work, and banished a japon of nangasaque which we had entertayned to be overseer of the work. but at my request our laborars were permitted to work as before. and we waied out _pico._ lead this day to themperours _bongews_. _september _ (_fatchinguach _).--one of the _eliza._ men, called gabrell , a plot maker, being drunk, fell overbord and was drowned. the king sent torazemon dono and other ij of his noble men to tell me he was enformed that, at my being at nangasaque, i had bought a greate quantety of gunpouder, to be secretly conved abord our shipps at cochie, under culler of other matters. unto which i answered, i had bought non, nether did ever speake word to any man about it, as before god i did not. soe it seemed they were content with my answer, and promised me to relate the truth to the king and to get jacobe dono, our boteswaine, released, he being banished, per order from the king, by the spitfull dealinges of the _bongews_ at cochie. i went to the duch howse with mr. cochram to know wherefore they were noe forwarder in sending up to themperour; and capt. camps tould me the comander johnson held matters back. _september _ (_fatchinguach _).--we had much a doe with the _bongews_ which waid out our lead, we having waid out above _pico._ these daies past, they leving it still in our howse, not carying any away, soe that now all our void howsroome was full; and they would have me emptie our shipp provition out of our store roome to geve them place, which i tould them i would not doe. _september _ (_fatchinguach _).--we had a generall councell this day, wherin we protested against wm. johnson, admerall, yf he sent away capt. speck, the king of firando being soe ernest to stay hym heare to goe to edo, in default whereof wee all protested against hym and his partakers, yf in case any hinderance or domage did happen to either company, and sent it to the duch howse per mr. eaton, joseph cockram, mr. ed. sayer, and mr. nicolas bogens, who heard it read in presence of the said wm. johnson, admerall, capt. lefevre, and capt. camps, with others; but jonsons answer was that it was ordayned per a generall councell that capt. speck must goe for jaccatra in the _sunne_, and goe he should. _september _ (_fatchinguach _).--i went to the king, accompanied with mr. eaton and mr. cockram, to signefie the protest we had made against the duch admerall, wm. johnson, for not staying capt. speck this yeare in firando; the which the king said was well donne and desired a coppie thereof and tould us, seeing the hollanders made soe light a reconyng therof, he would perforce stay capt. speck heare till he had order from the emperours court (or councell) whether he should stay or goe, and would forthwith send an expres to know their honors pleasure therein; and in the meane tyme wished us to send up som others with the present to themperour and councell, and that i should stay heare with capt. speck to take councell about the disposing of the friggat when gonrok dono came. and soone after the king sent for capt. camps, asking hym, as he did me, what was concluded about capt. speck staying. unto which he made answer that he and the rest of the merchant[s] had donne what they could, but that the comander, wm. johnson, would not permit it; and that now capt. speck answerd he would not stay upon any termes, but procead for jaccatra, and soe he sent word to the king. soe he, perceving how matters went, tould capt. camps he could not goe up to themperour till he had made an end about the friggat and we proved the jesuistes to be padres or mas pristes, as they terme them, and that could not be donne till gonrok dono came from nangasaque; yet in the meane tyme we might embale up our presentes and send ij yong men before with them to shew our obedience to themperour, and i and capt. camps follow after when the other busynes was donne. and albartus came after to the english howse and tould me that in generall councells amongst them selves the most voyces had confermed capt. jacob specks to stay in japon this yeare, but johnson, the comander, bakt all. _september _ (_fatchinguach _).--we had a comunion this day at english howse adminestered per mr. arthur hatch, prechar of the ship _palsgrove_. also an englishman, one of the _pepercorns_ companie, named wm. barker, having layne on shore wicks, never going abord to look to ships busines, and being drunk yistarday in a carpentars howse would have layne with a woaman per force, and against her will took rings of silvar of her fingars, and drunk _mas_ or xij _d._ in wine, and in the end would have gon away and pay nothing and carry the rings along with hym; and, because the good wife of the howse laid handes on hym, he did beate her. whereupon the neighbors coming upon hym did bynd hym, and sent me word therof; and i, going to the howse, fownd the rings in his pocket, which i restored back againe and made hym pay the ij _mas_, and brought hym to thenglish howse, where, at the whiping post, he had first lashes with a whipp, and then washed in brine, and, after, more lashes. and after nowne one beedam, a master mate of the shipp _elizabeth_, being drunk, did fall out of the shipps sterne over the reales, fathom hie, and fell into a junck at her side, where he broke his skull, and is meamed in one legg and an arme and in danger to die. _september _ (_fatchinguach _).--i sould mr. munden a rapiar and daggar for r. , with gerdell and hangers all plated over with silver. the hollandes shipp, called the _new sealand_, arived at firando in cochie roade toward night. and we waid out _pico._ of lead this day. and mr. eaton, mr. osterwick, and my selfe went to the duch howse, and, with capt. camps, sett downe the presentes to be geven to themperour and his nobillety, littell more or lesse then it was the last yeare; as also we had speeches whether it weare fitting to geve themperours sonne a present, he being at mans estate, and we by frendes at court put in mynd thereof. soe we concluded to put in japon writing the presentes we ment to geve this yeare, and to ask the king of firandos councell whether he thought good to have us to add or deminish any thing therein, as also whether we should geve a present to the yong prince, themperours sonne, or any other his highnesse thought fitting. we rec. _taies_ in bar plate, per gonrok donos apointment, for lead. _september _ (_fatchinguach _).--i gave a letter of favor to vincent roman, allius lansman, for camboja, dated this day. he is a duch man, our frend. the king sent to tell me that gonrok dono had sent a letter in favor of the capt. more of the portingales for laskaros which were run away and abord the hollanders or us, to have them retorne againe. unto which i answerd i knew nothing of any such matter, for i had non in thenglish howse, yet i would enquere yf ther weare any abord shipp, and send his highnesse word. also there was a councell to know whether peter wadden should goe for jaccatra or remeane in the fleet. _september _ (_fatchinguach _).--i paid j m. j c. _tais_ plate bars unto cushcron dono, wherof _ta._ _m._ _co._ is in full payment of the fleetes provition the last yeare. ould nobisane, called bongo dono, died ij daies past, which was said to dy before the king arived. _september _ (_fatchinguach _).--the king sent order that we and the hollanders should meete this day at torazemon donos to confer about going up to edo, and that the admerall johnson should com with us; but he denid to goe and drove it affe till night, yet then sent word he would goe in the mornyng. _september _ (_fatchinguach _).--wm. johnson, the duch admerall, with capt. camps, mr. ballok, duchmen, and capt. robt. adams, our admerall, mr. osterwick, and my selfe went to the howse of torazemon dono, where we fownd or more of the kinges councell, whoe tould us we had need to look well to our witnesses to prove the frires in preson at holands howse to be padres; otherwaies our processe of the friggat would be lost, for that gonrok dono took their partes against us, soe that we must have other witnesses then our selves; for allthough all our fleet said it was soe, yet our owne witnesse would not be taken. also they tould us we ought to enlardg our presentes to the emperor and councell, having such intricate matters in hand, and that, for a present to the yong prince (themperours sonne), we might take councell when we weare above whether it weare fytt to doe it or noe, according as we saw our busynes goe forward. also they said the king desired that the next yeare, when our shiping came, that we would lett all stay at cochie and non enter into firando. unto which we made answer that, seeing our howsing was made at firando, we desired that or shipps might each yeare enter into firando. unto which they replied that then we ought to cleare the harbor of the wreck cast away the other yeare, otherwais, yf any other should miscarry, it would quite spoile his harbor that noe bark nor shiping could ever enter into it. so they left us to consider of the matter, the hollanders saying that their shipp was cast away by falling fowle of the _james royalls_ cable, and therefore that it was reason we paid halfe. also they shewed a letter from gonrok dono, wherin he wrot the _tono_ of firando to stay capt. speck till the processe of the friggot was ended; but the admerall johnson nor capt. speck would not consent to it. and i receved a letter from the molucas from mr. wm. nicoles, dated in mallayo the th of august, and sent per the shipp _sealand_. _september _ (_fatchinguach _).--this night our gunpouder howse, where we dryd our pouder, was beset with men to have donne som mischeefe, as we thought; but, being espied, they fled and had a boate ready to convay them away. there was of them seene neare unto the howse, and one of our men which were at watch thrust at one of them with a short pike, which the other caught by the iron head, and it being badly nealed he puld it affe and carid it away with hym, and soe fled with the rest, as afore said. soe we esteeme they were sett on by the spaniardes and portingales to have blowne up all our gunpouder, to have overthrowne our voyadge, knowing themperour will suffer us to by nor carry out non. _september _ (_fatchinguach _).--there was _pico._ lead waid out this day. i went to torazemon dono, the kinges secretary, and tould hym of the pretence of blowing up our gunpouder howse, which i and the rest suspected was per instigation of spaniard and portingales; the which he wondered at, and tould me he would make it knowne to the king. and, after, we were enformed that lues martin and other portingales departed from firando late yisternight, after daylight donne, and went with their boate into the cod of the bay neare to our gunpouder howse, to have seene the sport of blowing up the howse; but, the matter being discovered, they made hast away, and the villens set on to doe it did escape in an other boate for firando, som of which we hope to find out. this night, after midnight, the dead corps of bongo samma was carid to be burned, or rather a peece of wood in place, for he was thought to be a christian. all the nobilletye with a multetude of other people did follow the hearce. the cheefe mornar was a woaman, all in white, with her haire hanging downe her back and her face covered, and a strange attire upon her head like a rownd stoole. all the _boses_ (or pagon pristes) went before the herse with great lightes, and the nobillety followed after, all in generall with such silence that noe words weare spoaken; and they kneeled downe in divers places, as though they had praid, but not one word heard what they said. and in many places they threw abrod _cashes_ (or brasse money) in great quantety, and in the end most of all at the place where he was burned, that the people might take it, as they did allso much white lynen cloth which compased in a fowre square place where the herse was burned. and there was one _bose_, or prist, hanged hym selfe in a tree hard by the place of funerall, to accompany hym in an other world, for _boses_ may not cutt their bellies, but hang them selves they may. and other of the dead mans servantes would have cut their bellies, to have accompanid hym to serve hym in an other world, as they stidfastly beleeve they might have donne; but the king would not suffer them to doe it. many others, his frendes, cut affe the foremost joyntes of their littell fingers and threw them into the fire to be burned with the corps, thinking it a greate honor to them selves and the least service they could doe to hym, soe deare a frend and greate a personage, for he was brother to foyne samma, grandfather to the king figen a came, that now is. and he hath adopted gentero samma, the kinges brother, for his lawfull sonne, becase he had no children of his owne, and hath left all he hath to hym, he being the kinges pledg at edo. _september _ (_fatchinguach _).--i went to torazemon dono, the kinges secretary, and tould hym we had found out the theefe which pulled affe the pike head and other of his consortes, desiring hym to speake to the king that we might have justice against them, and that they might be constrayned to tell whoe sett them on to have blowne up our gunpouder; the which he promised me to do. but first he would examen our witnesses that had brought to light those men, which were the _bongew_ and neighbors of the villadge neare the gunpouder howse, whoe fownd them out and made it knowne unto me and others. also semi dono sent for our _jurebasso_ and the holland _jurebasso_ and bid them tell us (as from the kinge) that both we and the hollanders should geve in our answer to morrow at nowne tuching the geting the wrackt shipp out of the harbour, for that the king would not suffer any of our shiping to enter till that weare taken out of the roade. also, the _bull_ riding by the _pepercorns_ side, to helpe to carine her, as she had donne the like to the _bull_ before, and a planke going from one shipp to the other, as mr. munden was going over, a leawd fello of the _pepercorns_ company hive up the plank with his shoulder and threw hym affe betwixt the shipps, which lying soe close together, he could not falle into the sea, which yf he had, he had byn drowned without remedy; yet he was sore brused with the falle. _september _ (_fatchinguach _).--we had a generall councell of english and duch at hollandes howse about taxing or prising the shipps _pepercorns_ and _muyon_, but could not agree upon prise of the shipps hulls, mastes, and tackling, we seting the _pepercorne_ at tons, and the tonne at _l._, is _l._ str.; and the duch would have rated the _muyon_ at _l._ str., being a lesser shipp then ours, they alledging she was newer. soe that is referd to the councell of defence at jaccatra. also it was spoaken of to have us to joyne with the hollanders in purce, to help to gett the shipp that was wracked the last yeare out of the harbour of firando, the king comanding us so to doe. unto which we answered that she belonged to the duch and was non of the shipps of defence, and therefore we had noe reason to be at charg of money to get her out. yet we offerd them before, when we had leasure, since the arivall of the fleete, to lett or of our men helpe them to get her out; but then they made light of it. yet, notwithstanding, to geve the king of firando content, i said that, yf the duch would agree with the japons to rydd the havon of her, i was content to sett my hand to a writing to be contributary to som part of the charge, with condition it should be left to the precedentes at jaccatra to determen whether it was fitt we should pay any thing or noe; and, in the meane tyme, the duch to disburse all the charges. we are geven to understand that ric. short and other englishmen are run away to the enemy at nangasaque. _september _ (_fatchinguach _).--i wrote letters to nangasaque, one to yasimon dono, gonrok donos clark, and the other to andrea dittis, china capt., to use their best endevour to seek out for ric. short and the rest of the english runawaies, espetially short that is a witnesse against the frires in the duch howse and hath seene one of them say mas at nangasaque, and was enticed or daies past per francisco lopas and portingall frires to run away. the king of firando sent a man of his with letters to gonrok dono to same effect. _september _ (_fatchinguach _).--we went to holland howse to supper, all us, to capt. speckes foy[ ] or farewell, where we were kindly entertayned. and i sealed up my letters for jaccatra and england:-- to jaccatra per ship _swan_ and per capt. speck. to mr. ric. furland, precedent. to mr. tho. brakedon. to mr. james wrine, prechar. journalles and ballances, c. and d. a book presentes. a book purcers acco. last yeare. inventories prx. goodes, fleet and _pepercorne_. a protest against admerall wm. johnson. recept of shipper of _swan_, for thing sent in the _swan_. letter of myne from mr. wm. nicolles, agent. to london, per ship _swan_ and per capt. speck. to sr. tho. smith, governor. to governor and committis. to sr. tho. willson, knight. to mrs. mary adames. to capt. jno. saris. to my brother, walter cocks. to capt. pring. to mr. harry smith. [ ] foy: a merry-making generally given at parting, or on entering into some situation.--halliwell, _arch. dict._ _october _ (_fatchinguach _).--alvaro munos came to firando and tells me ric. short was staied at nangasaque, at his first arivall, for a padre, but after released, when they knew whoe he was. capt. lafevre was beaten and drubed per the rascall japon laborers of firando, because he landed at kinges steares; but, as it is said, the king hath taken the doers thereof and will put som of them to death; but i doe not beleeve it. _october _ (_fatchinguach _).--i paid xxiiij _tais_ plate barrs to jno. portus for a gould hat band sett with redd peru stones. i wrot iij letters to nangasaque about our run awayes, these englishmen following: ric. short, master mate in the _moone_, harris, botswane of the _pepercorne_, with ij others of said ships company, and alexander hix, luke anderwicke, and wm. harris, of the _bulls_ company. and the shipp _bull_ was set on fire per a lampe in the steward roome, but quenched in good tyme. _october _ (_fatchinguach _).--a bark of japons, being sent after the runawais with speed, overtook them and kept them from proceading forward, till mr. sayer came after. soe they brought back vj men runawais, viz:-- of _pepercornes_ men. edward harris thomas gilbert christopher butbee of the _bulles_ men. alexander hix luke underwick wm. harris and the master of the bark which carid them away is taken presoner, with an other japon of nangasaque that entised them to run away; and the king of firando will put them both to death, as it is reported. and i deliverd my letters to capt. speck this day to carry for jaccatra and england. _october _ (_fatchinguach _).--i wrot letters by the shipp _swan_, viz.:-- sent per philipe garland. to the precedent mr. fursland at jaccatra. to the governor and company in england. i went and took my leave of capt. speck and the rest of duch merchantes which goe in the _swan_; and carid capt. speck a gallon bottell annis water, and to sr. matias and albartus each one a bottell of a pottell, geving the glasse bottelles and all. _october _ (_conguach _).--the _tono_ sent to have us and the hollanders geve hym a writing of our handes, each aparte, how many _pico_ lead was waid out for the emperour, and that gonrok ordayned we should pay for the iron wedges and smiths labour for cutting the lead. unto which we answerd, his _bongews_ had the just acco. of the _pico._ waid out; and for the iron wedges (as we formerly promised) we were content to pay, they being left to us when the work was finished; but for the laborers which wroght, gonrok was to pay them. _october _ (_conguach _).--the shipp _swan_ put to sea this day in the after nowne, and i went abord with the rest of the merchantes to bidd hym farewell; and, as it seemed, the admerall johnson did geve hym a churlish farewell, according to his borishe condition. _october _ (_conguach _).--i delivered or gave a recept to king of firando for _pico._ lead waid out for themperour of japon, and receved, per order from gonrok dono, in full payment of _pico._ lead, _tais_, and _tas._ was receved the th ultimo, is all _tais_, at - / _tais pico._, sould to shongo samma, emperour of japon. _october _ (_conguach _).--this day weare arayned vj english runawais, most of them being duble runawais and som fellons, and therefore, by generall consent, according to marshall law, condemned all to be hanged, of them being of the _bulles_ men and the other of the _pepercorns_ men, as doth apere the th day of this mo. of october, when they weare retorned. and one james martyn, accused by som to be the author of this mischeefe, he being a scotsman, and fownd to be a cheefe bellows blower or sterrer up of all mutanies heretofore. soe the admerall, robt. adames, sent a comition out to aprehend hym and bring hym ashore and soe put hym in preson to answer for hym selfe. _october _ (_conguach _).--yistarnight i was enformed that francisco lopas and a semenary prist were com to towne, and lodged in the howse of the capt. of the friggot taken the last yeare; of which i advised torezemon dono to tell the king thereof by coa jno., our _jurebasso_, it being late, and to geve order noe strangers should passe out. and this morning i sent the same _jurebasso_ to torezemon dono secretary, to know the kinges answere; which was, i might speake of these matters when gonrok dono came. unto which i sent answer, it might be that then these pristes would be gon, and then it was to late to speake. yet, for all this, there was noe eare nor respect geven to my speeches. the admerall capt. adames, with all the comanders and merchants, saving my selfe and mr. osterwick, went to cochie to see the execution of the condemd men. and of them were executed, viz. edward harris, boteswaine.[ ] [ ] the names of the others are not given. _october _ (_conguach _).--alvaro munois went away this day without satisfying me for my serne of mase. this villen did lye heare to entice our men to run away; but now per the _tono_ is comanded out of towne. _october _ (_conguach _).--taccamon dono sent for me, he being accompanid with torazemon dono, and mr. osterwick with me. they enquered of me about the padres i said were in the capt. of the friggates lodging, and sent for his host to know whether any such people were in the howse; which he denied. yet asked me whether i did know them for padres, yf i did see them. unto whome i answered that, yf he brought them out, i had wittnesses which knew them well. _october _ (_conguach _).--yasimon dono, gonrok donos clark, being ready to goe up to miaco and soe for edo with the lead for themperour, i went and vizeted hym, and carid hym a pottell of strong annis water distilled with musk, which he took in good parte, and lefte the company where he was and came into an other roome with me; which som others took in dogen and used som wordes about it. but this was a fello, a spie sent per the fathers to pick quarrells against us. yet i said littell to it, but gave place, the others saying they staid for yasimon. and this day, in the after nowne, the admerall johnson, with capt. speck and capt. lafevere, came to our howse to know whether our shipp _pepercorne_ were ready to goe out or noe, as theirs was; for that tyme passed and our enemies were ready to gett tyme upon us, and that their shipp, the _muyon_, was ready according to composition. unto which our comander, robt. addams, with the rest of us, answerd that our shipp was as ready as theirs, and that on twesday next should be ready to set seale. _october _ (_conguach _).--i advized mr. sayer, at nangasaque, to look out for short, costa que costa, and to speake to [contractors] to send all away per first, for that our fleet would all be ready to departe within daies after date hereof, and that the _pepercorne_ and _muyon_ were now ready to departe; as also to send noe more barly at above _gantas_ per _mas_. _october _ (_conguach _).--mr. sayer wrot me that, a friggat going out, they serched her to the verry keele and opened all chistes, to have fownd ric. short, but could not be fownd. [they fownd] above pikes, _langenott_, and _cattans_, and brought them back, and would have staid the pilot; but the capt. more standes bound to answer for all which is taken. _october _ (_conguach _).--i wrot out remembrances for mr. christopher bogens and mr. mathew moreton, cape merchant and master of the shipp _pepercorne_, she being ready to proceed on a voyage to manillias, she and the shipp _moyon_ in her company, they going before the rest of the fleete; the coppie of which remembrances i keepe by me. gonrok dono wrot to the king of firando in the behalf of the portingall capt. moore, to have the ould portingall which i kept in howse sent to hym; of which the king sent me word with the letter of gonrok. unto which i answered, i did keepe that portugez per his highnesse leave and lycense formerly geven me, and soe desired to doe till ric. short with our other english runawaies were retorned. unto which it seemed the king was content, for i heard nothing afterward. _october _ (_conguach _).--the shipps, _pepercorne_ and _moyen_, put to sea this day in the after nowne; and went abord both of them at cochie, and [carid] mr. moreton, mr. bogens, and the capt. and cape merchant of the _moyen_, mr houlden and ,[ ] each of them a bottell of annis water, and bottelles to hary dodsworth and abraham smart. mr. thomas harod departed out of this worlde this day, towardes night, after he had made his will. [ ] blank in ms. _october _ (_conguach _).--mr. harod was buryed this day, and left per his will his wages in england due per company, with his howses at blackwall, to his doughter, and to his wife groates or pence starling, for that she should cleame noe parte of his goods in respect she marryed in his abcense. also he gave to me a gerdell and hangers of velvet with silver buckelles and hooks, and also x _taies_ bar plate to make me a ring; and j c. rialles of betwixt mr. edmond sayer and his yong doughter joan, to part eaven, with his great chist and bible to mr. ed. sayer ditto. _october _ (_conguach _).--the king of firando went on hunting yistarday, accompanied with above men, into the mountayns, and this day retorned with or fallo deare and as many wild boares or pigges. and the king sent me a fallo deare, skyn, guttes and all, and semidone a wild swine or pigg. _october _ (_conguach _).--capt. leonard camps and my selfe went to the king to geve him to understand that tyme passed away and gonrok dono came not, soe that it was expedient we departed forthwith to the emperours court to doe our dutie and carry our presentes, for that now winter came on and, yf we went not presently, it was to late to goe this yeare; soe that we were better to loose the friggatt and all the goodes in her than encur the emperours displeasure; yet, if his highnesse would, we cout at this instant produce witnesses suffitient to prove the men, in the hollanders howse presoners, to be frires or padres. but the king answered he could do nothing without gonrok; soe that this night he would send to hym per expres, to see whether he would com or noe, and soe, upon his answere, we might departe. also capt. camps desired to have justis executed against them which did beate capt. lafevre. unto which the king replied, what justis he would have, for the doars thereof weare yet in preson. capt. camps replied that he did not desire their lives, nether, yf it had byn offered against hym selfe, would he speake any more about it, only in respect of the abusse offerd against such a man as comander lafevre was, he desired the same parties which offerd the abuse might be brought to the place where they did it and be beaten with cudgells. at which the king smiled and said it could not be, but, yf he would have them cutt in peeces, he would doe it. but capt. camps said he desired not their lives, yet that he would certifie admerall johnson and capt. lafevre what he said. _october _ (_conguach _).--i rec. of mr. arthur hatch, precher, geven for the making of the buriall place _ta._ _m._; more, bar plate of mr. chapman, _ta._ cuschcron dono and jenqueze dono came to me and tould me the hollanders had lent iij m. _tais_ to the _tono_ (or king) of this place, and that he expected the like from us. unto whome i answerd that they know the booty which the hollanders had brought into this place, which we had noe parte of, and therefore might doe that which we could not doe, having hitherto spent and geven away treble more then we have gott; yet i would take councell with the rest of the merchantes and se what might be donne and then geve them answer, for it was against reason for us to take up money at intrest and lend to others for nothing, and, besides, many other noble men sent to borow money, we having non to lend, as they themselves did know as well as we. unto which they answerd, it was true, yet, notwithstanding, it was fyt to lend to the king, he now standing in need, although we lent non to the rest; for soe it behoved us, being strangers, yf we esteemed our owne good. and we sould all our small deare skins at _tais_ per cento, of them which came in the _pepercorne_. _october _ (_conguach _).--i receved a quittance from capt. robt. adams, admerall, for r. of , at _s._ str. per r. of , for the xvjth parte of priz goodes, to be geven in the fleete, for which capt. adames is bound to make it good, yf the honble. company think it not fyt to pay it. and soe the capt. of other shipps gave quittances to capt. adams in like sort, to be answerable for that they rec. for their shipps proporsion; and each comander took the like securety from their shipps companies, that their wages should be answerable for it, yf it were not alowed per the honble. company in england. yet som refuced to receve any money upon that termes, but the most parte did accept of it. god grant those scabbed sheepe doe not in the end spoile the whole flock. _october _ (_conguach _).--this day is the feast of hors-runing with archars on horseback to shoute at a mark with bowes and arowes, the horse runing his full carer. mr. sayer retorned from nangasaque within night, and brought news that the _pepercorne_ and _moyen_ have taken a portingall junck which went out of nangasaque and bound for amacou. _october _ (_conguach _).--we and the hollanders paid _tais_ plate barrs to the king of firando for the _pico._ lead geven hym in his present the last yeare. _october _ (_conguach _).--the _bongews_ at cochie did lay handes upon our english men and (as the admerall, capt. adames, doth tell me) have taken above , and sent hym word it was per order from the king. _october _ (_conguach _).--mr. cockram envited all the princepall, both of english and duch, abord the _elizabeth_, to dyner this day, where we had good entertaynment and good cheare with healthes of guns shott affe in good sort. this night was very stormy wether, like to a tuffon, in which the _palsgrove_ broke a cable, and the _elizabeth_ a cable and a hawser. we complayned to the justis how our men were taken presoners per the japons without reason, they fordging debtes upon them which they owd not, striping our men naked and taking from them all they had, when they owed them nothing. unto which, answer was made the king knew nothing thereof. _october _ (_conguach _).--capt. camps and myselfe went to torazemon dono to desire hym to speake to the king that we might go to themperour with our presentes; and that we might deliver our presentes to the king before we went up, because the shipps weare now ready to departe. also we made knowne unto hym the takeing and keeping our men presoners, both english and duch. unto all which he answered, that the king desired us to stay till the last of this moone _conguach_, for that the th day (which is daies hence) he expected gonrok dono to come to firando, for soe had he promised hym without fayle to doe. and for the present to be deliverd unto hym before we deliverd our present to themperour, it was not fitt, and therefore best to lett it rest till we retorned from the court. and for our men taken presoners, the kinge knew nothing thereof, but now he would make it knowne unto hym and retorne us his answer. _october _ (_conguach _).--i was enformed this day per capt. lennis, mr. barrns being the man which tould it, that mr. arnold brown, master of the shipp _palsgrove_, hath stolne fardelles of silke of priz goodes and stowed them under his cabben, whereof mr. trumpeter of _palsgrove_ is witnesse; of the which i enformed mr. eaton, mr. cockram, mr. sayer, and mr. ostarwick, and all together made it knowne to the admerall, capt. robt. adames, and mr. jno. munden. soe it was agreed to serch his cabben to morow; but mr. arthur hatch, preacher in the same shipp (whose cabben is next to mr. brownes) tould us that out of dowbt we should now find nothing theare, it being formerly removed before shipp was upon a carin, yet that he did see or bales brought in by others at sea and stowed theare. soe hereupon we staid the serch. _october _ (_conguach _).--we went abord the shipp _palsgrove_ to dyner, where all the duch were envited likwaies. and capt. camps came to thenglish house, where we agreed to sett forward towardes themperours court on munday mornyng, yf the king of this place did not stay us perforce, which a long time he hath perswaded us unto. _november _ (_conguach _).--we dyned this day at china capt., where we had good entertaynment, both sea men and merchantes, with the dansing beares. and towardes night we had news that of our howses at cochie were burned, being sett on fire by a retchlesse fello that did seeth the kettell to neare the howse walle. all the howsing was quite burned to the grownd, with som barilles of tunny fish and or muskittes and swordes; but our seales and other matters of worth were saved by the industry of our men with the helpe of the hollanders and som japons. yt is said most parte of the fish which was thought to be burned was stole away per japons, as also som muskettes and som swordes. _november _ (_conguach _).--i went to cochie to see what hurt the fire had donne, and fownd it as i before discribed, only many of our truck plankes, with bordes and other tymbers, were much burned or scubered, but quenched in good tyme. and the king sent to me to know my answer whether i would pay the debtes our marrenars owed, that were per the japons taken presoners. unto which i answerd, no, for that they had trusted them contrary to his highnesse proclemation to trust non but such as broght money; and besides they taxed our men to owe them tymes more then was due unto them, beating them and striking them naked, and per force taking all the money from other men which owed them nothing; of the which i ment to demand justis from his highnesse, and that our men might be sett free, for that the emperour would suffer us to carry noe japons in our shiping, and therefore no reason to keepe our men per force, which they might do yf they pleased, but i would never consent to pay a peny of that the japons demanded. unto which they answerd that the king would not keepe our men. _november _ (_conguach _).--i sent the _caboques_ _tais_ small plate for _fannos_ at china capt. howse. i wrot a peticion this day to the king, making knowne the taking our men presoners with other abuses offerd to our nation, requiring our men to be sett at libertie. _november _ (_junguach _).--gonrok dono and feze dono arived at firando this day; and gonrok dono sent me a present of silk _kerremons_, and feze dono sent me egges, hense, and drid netes tonges. _november _ (_junguach _).--i paid in small plate as followeth, viz.:-- to the glover or shewmaker, jenchero dono, for-- _ta. m. co._ peare pumps at _mas_ pear peare gloves, at _mas_ peare peare garters and roses, making more, paid the gouldsmith-- for making a silver cover for mack jack[ ] for making furneture of a gerdell, silver for making a head of silver or cap for staffe more, paid to cooper for susanna, viz.-- for tubbs to wash bodies in for bucketts to cary water for a tub to put rise in for small buckettes or tubbs and we and the hollanders were called before the king, where we found gonrok dono, feze dono, and others, which caused the padres, presoners in the hollands howse, to be brought before them, with the capt. of the friggatt and others, where all our papers were perused, and amongst the rest a letter or ordinance from the bushopp of manillia, authoresing frire pedro de sunega to be prior and vicker generall over all christians in all provinces of japon, with other letters to conferme it. yet this frire did utterly deny it, and that he was a merchant and noe frire. soe then we produced witnesses, the one a portugez, called ravelles, and the other an inhabitant of the manillias; both which confessed they knew frire pedro de sunega to be a padre of the order of st. augustin, and ravelles said he had seene hym say mas in the howse of alvaro munios at nangasaque, and that harnando ximenes did see the like. soe for this tyme the king and gonrok dono did dismis us, and gave noe sentence, but willed us to produce more witnesses. unto which we answerd we could produce noe more, and willed them to make an end of it, as god should put it into their mind, to thentent we might procead on our voyage to vizet the emperour. but they replied they would call us to morow or next day and make an end yf they could. [ ] perhaps a jack, or large flagon, of _makiye_ or lacquer. _november _ (_junguach _).--we and the hollanders went to the pallace, being called per the king to dispute our matter about the frigatt; where we found gonrok dono, feze dono, and the rest, of nangasaque, and shewed other writeinges to prove this pedro de suniga to be a father and prior and vicar generall of all the cbristians in japon. and the king sent for harnando ximenes and lues the telor to reade over the letters in spanish, but nether the one nor other would doe it. and soe late we retorned; it being ordayned to make an end to morow. but the king, with semi dono and others, sent us word secretly to stand to that which we had spoaken, and then we needed not to feare to get our processe, for that of ten had allready geven their voices on our sides. _november _ (_junguach _).--we and the duch made our selves ready to have gon to the pallace, to have made an end of our processe of the frigat; but after nowne word was sent us to stay till to morow, for that feze dono was sick. but the matter was, for that they were envited to the china capt., andrea dittis, to dyner. and the china capt. tould me that the king of firando sent for hym in secret, and asked hym whether he knew this pedro de sunega to be a padre or no. unto which he answered he knew hym to be a padre, as his sonne augustin did the like, being at manillas; yet, in respect he lived at nangasaque, and that gonrok dono was his frend, he did not desire to be seene in the matter. and towardes night torazemon dono went to hollands howse and sent for me thether, and tould us that of which were of the councell proving them fathars, weare on our side, and the rest could stand upon nothing but to ask us what was the occation that these two denied themselves to be fathers, all the rest confessing them to be such at first demand; to the which we should take councell how to answer, when we were to com before the king and gonrok dono. also, at same tyme, the japon _jurebassos_, which came with gonrok dono from nangasaque, came to hollands howse to demand lycense to have private conferrence with the fryres, presoners; but the king sent us secret adviz not to consent unto it. soe answer was made unto them that they should not com to speech of them except it were in presence of the king and gonrok dono and the rest of the justices. _november _ (_junguach _).--the king with gonrok dono went a fishing this day; soe we had noe audience about our plito. yet the king sent us word to stand to that we formerly proposed, and to answer to certen demandes as he gave us the forme how to doe, and not to think any ill, yf he were sharpe in speeches against us, which he would doe of purpose to blind our enemis. _november _ (_junguach _).--i paid in plate of barrs to jno. japon: for susannas slave ita, : : ; for a sett of _gocas_ for her, : : . the china capt. gave me a silver tastar and a silver dish to sett it upon, poiz both _ta._ _ma._[ ] the shipp _palsgrove_ went out this day to cochie roade. i staid all this day attending to goe to court about our plito; but, as i am enformed, gonrok desireth the king we should stay till som men com from nangasaque, which he hath sent for. and, as it is said, this gonrok dono did report in themperours court that we and the hollanders did of mallice accuse these spaniardes to be fathers, which he knewe were non such, and that upon payne of his life he would prove it to be soe. but now, finding our testemony to be such as it is and canot be denied, he knoweth not what to doe, but useth all _trampas_[ ] and fetches he can to delay tyme and bring it to nothing per all meanes he may. [ ] in the margin called a "silver cupp and sawser". [ ] span., traps, tricks. _november _ (_junguach _).--gonrok dono and others sent both us and the hollanders word that they would send to call padres or frires which were presoners at umbra, and that we should make choise of any or of them to be wittnesses whether the prisoners at hollandes howse were fathers or no. but we retorned answer that we knew not whether those men they spake of were fathers or noe; nether would we have to doe with them nor put the matter to their discretion, which we had soe manifestly proved allready. _november _ (_junguach _).--i went to torazemon dono to tell hym againe of the abuses daylie offered to our english marrenars, at cochie espetially, desiring to have redresse; and that i would send one of our _jurebassos_ to the admerall, capt. adames, at cochie, to look out in all howses where our men were thus abused and to take true notis hereof, as his highnesse (the king) had ordayned. the which he answered me was well donne, and that this day he would put the king againe in mind therof and tell hym what i said. but sowne after he sent his man unto me to tell me the king would take order that our men should all be set at libertie, whether they owed money or noe. _november _ (_junguach _).--the duch shipp _trowe_ went to cochie road, and i sent barkes to helpe to toe her out. and i parted the _coshon_ money of tozemon dono, being _tais_ _mas_, amongst our servantes as followeth, viz.:-- _ta. m. co._ to ould jno. _jurebasso_ to greate tome _jurebasso_ to coa jno. _jurebasso_ to migell, corean _jurebasso_ to coa domingo to lawrance to paule to littell tome _jurebasso_ to ould domingo _november _ (_junguach _).--capt. camps and my selfe having made a writing in the japon languadg, per councell of the king of this place, directed to gonrok dono and the king, wherin we advized that, our proves against the padres being made, we would say noe more in that matter, but left it to their discresions to doe therein what they pleased, we attesting we took them as our enemies, and did not know they weare padres till they confessed it themselves; nether would we have to doe with any padres they brought from umbra or nangasaque to be judges in our affares tuching that matter, nor would not beleeve nether them nor any other spaniardes nor portingales they should produce in that matter, houlding them parsiall and our enemies in that matter. soe we desired leave to departe towardes themperours court to doe our duties; and sent this writing per our _jurebassos_ to gonrok dono. and he caused them to cary it to the king of firando, accompanied with one of his owne men. and the ambassadors of the king of syam, which are now retorned from themperours court, where they were royally receved, did com to vizet our english howse, accompanied with capt. yasimon dono of nangasaque and a man which themperour sent with them from edo to accompany them to nangasaque. the ambassador gave me a barrill of wyne for a present, and the japon which accompanid hym from edo an other. and the ambassador requested me to geve hym a letter of favour with an english flagg, yf in case they met with any english or hollandes shipps at sea; and capt. yasimon dono did desire the like: which i promised to them both to performe. and i sent a pottell glasse bottell of annise water for a present to the ambassador, which he took in very good part. _november _ (_junguach _).--we were sent for to the court to make an end of our processe with the padres, where we found padres of the presoners of umbra, one being a japon, as also lues martin, balthazar martin, alvaro munios, pinta a woaman, with divers others, brought in by gonrok dono to doe what in them la to witnesse against us; where many speeches passed, but non would confesse they knew them to be padres, but our two witnesses stood still to their word, although foule mouthed munios did revile them. and so we were remitted till to morow. yet i was secretly advized it would goe on our side, and that the capt. of the friggat was to suffer death with others; but yochian dies, the capt., desired that i or capt. camps might suffer death with hym, according to the use of japon, that he which causeth an other man to die must goe the same way hym selfe. _november _ (_junguach _).--i sent domingo _jurebasso_, with the boteswaine and pursers mate of the shipp _moone_, to look out in every japons howse at cochie where they kept our englishmen presoners, where they fownd som with boultes and shakelles, others with cheanes, others bownd and pineoned with ropes, som owing nothing to the japons, and others tormented because they would not confesse they owed or times more to japons then was due to them. all which i put up in a writing and delivered it to the king of firandos councell to have redresse. and oyen dono came and tould me that we were sure to get our processe of the friggat; and cushcron dono tould me the like, and that he thought divers others weare like to suffer death about it. _november _ (_junguach _).--within night the hollanders and we were sent for to the court about our plito with the padres (or frires) which also were sent for. and we remeaned theare till or a clock, and came not to sight of the king, and then had leave to departe; only in that tyme they sent for letters directed to frier padre tomas, a japon padre, presoner at umbra, and now brought to firando, as i noted heretofore. and, as we are secretly enformed, this frire hath confessed that the presoners at hollands howse are padres, for he was all day in company with the king and gonrok dono in secret conference, and, as it is said, will turne gentell againe, or at least renege his pristhood, to save his life. and, as som say, gonrok dono is suspected to be a christian. _november _ (_junguach _).--the shipp _elizabeth_ went out of firando to cochie. and the king of firando sent for the hollanders and us to make an end of the plito of the padres; where we fownd above xx japon christians renegados, whome gonrok dono had brought from nangasaque to see yf they knew whether these two fathers were padres or no. among whome was a blind man, bad to see another, yet by his voice he tould the king of firando that he knew hym to be fraire pedoro de sunega; yet, as i understood, the king of firando will not admit hym for a witnesse, because he is of firando; but i know not whether he doe it as a frend, knowing we have other witnesses enow, or else to bring us to other trialles. once the end will try all. and in the end the king hym selfe came out and asked capt. camps and me whether we had other matter to say or no against the fathers. unto whome we answerd noe, desiring to have lycense to departe towardes themperours court, for that tyme passed. unto which the king made answer that he would permitt us to departe when he pleased. _november _ (_junguach _).--we are enformed that gonrok dono would have had the king of firando joyne with hym to refer the plito about the friggatt before themperours councell at edo, but the king tould hym he would now end it heare, we having soe manifest testemony as we have on our side to prove the presoners padres. _november _ (_junguach _).--i receved ij c. _tais_ plate barrs of tozamon dono, our host of osackay, in parte of payment of _tais_ due for peces canton damasks of the deceased capt. wm. adames. and the king sent ruch sleeping _kerremons_ of silke in present to thadmerall, capt. adams, to be disposed of as i should adviz hym. they were worth j c. _tais_ barr plate. and the king and gonrok dono sent for me and the hollandes capt. to bring gonsalo ravello, our witnesse against alvaro munois; which we did, and he stood still to his first speeches how he saw frire pedro de sunega say mas in his howse; yet the frire denied it. and i think munois was hanged by the purse and soe cleared. and the capt. of the friggot, yochin dies, with others, are bound and put into preson, we geting our plito of frigot. _november _ (_junguach _).--the duch admerall, wm. johnson, and capt. adames, our admerall, retorned to firando; and we, with capt. camps, capt. lafevre, and others, went to vizet the king and carid hym a present of _barricas_ spanish sack, j _barrica_ of tent, and jarrs of sweet meate, and gave hym thankes for the presentes of _kerremons_; and soe took leave for the fleet to goe out to morow. and capt. adames left the sleeping silk coates with me till his retorne from manillias. _november _ (_junguach _).--our fleet of shipps, english and duch, went to sea this morning on their second voyage for manillias. god send them good speed. viz.:-- english shipps. the _moone_ the _palsgrove_ the _elizabeth_ the _bull_ duch shipps. the _bantam_ the _trow_ the _harlam_ the _hope_ _november _ (_junguach _).--this morning the fleet put to sea, but, as i am enformed from capt. adams, thadmerall, want of our men, and mr. cockram writes me want , all kept presoners per japons ashore, contrary to the kinges comand; and yet capt. adames sent a boate of porpose ashore with r. of to have redeemed them, but they asked above r. of more. soe capt. adams wrot me that yf they were retorned after his departure, to put them all out of wagis, as villans and traitors to their prince and cuntrey, and soe to send them in cheanes for jaccatra, in the duch shipp _new zeland_, when she goeth. ther is hollanders alsoe kept presoners ashore. and the _bongews_ took _cattans_ from mr. sayer, from capt. adams, and from capt. cleavengar, and from mr. mourton. mr. sayer hath had his above yeares, and capt. adames brought his out of england, and mr. morton bought his in sumatra at janbee. _november _ (_junguach _).--mr. eaton retorned from our fleete, shipps departed, and brought me divers letters from capt. adames, mr. cockram, capt. lennis, and others, wherin they wrot me of the detayning of our men on shore, as i noted before. of the which i went and conferred with capt. camps; and he is of opinion with us not to pay any thinge, seeing they have detayned our men till shipps be gon. alsoe he was very ernest with me to stay or dayes to dispach busynes for his two shipps which are heare, and, as i am enformed, hath envited the king to dynner daies hence, yet tould me nothing thereof, for that he would get the start of us to envite the king, leveing us noe tyme to doe the like, or else stay us longer to doe his busynes. _november _ (_junguach _).--i went to torazemon dono and semi dono to thank them for their paines taken about our busynes, telling them that it was now tyme to goe to themperours court, our shipps being gone. and they tould me i had reason, as alsoe the hollanders, soe to doe, for that cacazemon dono, secretary to oyen dono, themperours cheefe councellar, had wrot the king of firando a letter that the spaniardes and portingales had ended their busynes and we and the hollanders had noe care to com to prevent them in their proceadinges, which he marveled at. _november _ (_junguach _).--i went to hollandes howse to confer about our going up to court; and capt. camps tould me that to morow the king came to dyner, sending hym word he would have my company theare or else he would not come, and soe after to morow we might departe towardes edo. and in the meane tyme the kyng sent stroyemon dono before us to the court, to be theare before gonrok dono, whoe departed from hence daies past secretly to goe to edo. also our presoners at cochie wrot a letter how they are almost famished; yet too good a diet for such villens. and francis irland wrot me aparte that he is in for an other mans debt. and capt. camps came to our howse to talke about our busynes; and we, having made ready som xj peces ordinance to have shott off at gonroks departure, gave them hym for a farewell; and the duch answered with . _november _ (_junguach _).--the king dyned at duch howse with all his nobilletie, i being sent for and sett second at table on his right hand, whether i would or noe; where we had great cheare with musick, after our cuntrey fation, singing and dansing, with ordinance shott affe at every tyme the king drunk, per the duch, and answered with per thenglish; and, when the king went away, xj peces from the duch and as many from thenglish for a farewell, and peces for semi dono as he passed per water per english howse. _november _ (_junguach _). we went to the king, the hollanders and us, to take our leave to goe to themperours court; and he told us the sowner the better; also that he had sent stroyemon dono, his _bongew_, before, to be theare before gonrok dono, to prevent falce reportes till we came. and the _bongew_ of cochie came to our howse, and said yf we would not pay the money for the men presoners, that they would cary them to crates, chicongo,[ ] nangasaque, and sell them, or make their best endevours to recover the money they owed japons. unto whome i answerd, to take heed what he did, as he would answer it with his life before the emperour of japon, whoe had geven order we should cary noe japons out of his cuntrey in our shiping, and, therefore, noe reason they should detayne our englishmen and father falce debtes upon them when they owed nothing. [ ] shikoku. _november _ (_junguach _).--i delivered plate for the table, of my owne, to pale, as followeth, viz.:-- silver salts, one silver and guilt, with covers. silver cups, one guilt all over, other white. taster and sawser of silver and guilt. taster of silver, white. white: silver spones forks and out of factory, viz.:-- silver spout pott. sillver standing cup and cover, all guilt. my owne. and china ewer of coconutt case of knives all my owne. more, tobaco pipes all silver head and foote selver littell silver cupp to drink strong water to goe on our voyage for edo. towardes night the king sent to me to know what i would have donne with the englishmen presoners at cochie, and whether i would pay the money they weare kept for, for that they weare subjectes to the kings of xasma, crates, chicongo, and other places, and would, yf i paid not the money, carry them away. unto which i answerd that it weare men of firando which detayned them, and, namely, one cuze dono, our next neighbour, and others, contrary to the kinges comand that non should trust them except they brought money; and, yf they weare of other kingdoms which detayned them, i knew noe reason they should have more preveleges then them of firando, in regard the emperour had comanded that we should carry noe japons out in our shipps, it was noe reason that japons should detayne englishmen per force and fayne debtes upon them which they owed not, as these japons did, and took men and kept them presoners which owed them nothing. and for me to pay money for their releasment, i could not, they being sea men, and the english admerall having geven me order to the contrary, he first having sent r. of to have redemed them, and r. more was offered, but all refused, and our men detained per force against all reason. soe i could say nothing till the fleete retorned; but in the meane tyme willed them take heed how they sent them to be disposed of per our enemies, as they would answer it to themperor. _november _ (_junguach _).--we and the hollanders sett forwardes towardes edo, but, the wind being n.erly with rayne, we went into an iland of firando called onshma, leagues from firando. but, before we went out, the japons of cochie came to our english howse, bawling and crying out for payment of the money thenglishmen owed them, or else they would cary them away and make their best of them. i answerd i would not consent they should cary them away, nether would pay them any thing, for that they weare villens and had imagened falce debtes, saying english men owed them money when they owed them non; and that, yf i weare not now ready to set my foote into the bark to departe towardes themperours court, i would have laid them all by the heeles till our men were set at liberty. also the king sent men, our enemis, after me, to tell me the hollanders had lent hym , _taies_, and i denied to lend any, and bad them tell me he had noe need of any money, and therefore sent them to tell me soe much. but i sent his highnesse word that i had left order with mr. eaton to lett hym have silk with mantas or lynen cloth and other matters to the vallue of _tais_, at same price the hollanders lett his highnesse have theirs; but, for money, i had non, as many in firando knew it well, and, to take up money at intrest and lend it out for nothing, i knew not how to geve our honble. employers acco. of it; yet, yf his highnesse would needes have it soe, it must be soe. but the _jurebasso_, nicolas martyn, sent from the king, tould me that the _tais_ i offerd was well, and would be taken in as good part as of the hollanders, and that the other two which came (would not com abord) were our enemies, and had enformed the king of untruthes. the dansing beares came out after us, and i gave them a bar of plate containing _ta._ _ma._, and capt. camps as much. _december _ (_junguach _).--after midnight we departed from onushma, and went to ginushma before the wind turned, haveing made leagues. _december _ (_junguach _).--this morning, after sunne rising, we departed from ginushma, and wind at w.n.w., and soe contynewd all day and night following. soe at a clock after nowne we arived at ximina seak,[ ] and fownd the hollanders departed from thence howers before, capt. camps having left me a letter, and stroyemon dono another that gonrok dono departed from thence yistarday; soe they took councell to follow hym, that stroyemon dono might be at edo before him. soe i left a letter with our host at ximina seak to send to mr. eaton, dated this day of our arivall at this place, and that he should lett the king of firando have all the kense (?) silk and bleu lynen at as loe a rate as the hollanders sould theirs, as also the money which the peces broad cloth weare sould for, and, yf any thing wanted to make up _taies_, to let hym have it in money or comodities. soe this day and night we got leagues, leagues short of camina seak,[ ] at sun rising. [ ] shimonoseki. [ ] kaminoseki. _december _ (_shimutsque _).--this day till night we made leagues to a villadge called ewe,[ ] leagues past camina seak, where we overtook the hollanders, and rod at an ancor all night. [ ] yu. _december _ (_shimutsque _).--we staid heare all day per meanes of contrary wind and an overgrowen sea, and the hollanders and _bongews_ came to dyner abord our bark. _december _ (_shimutsque _).--we departed from ewe and rowed leagues to a place called zewa; and in the way saw a bark cast away, and sent out our and the hollanders small boates, whoe saved the men. _december _ (_shimutsque _).--at night we departed from zewa, it being calme, and rowed it xiij leagues before we came to an ancor. we paid xv. _mas_ to howse and for oringes at zewa, and gave a sack of rise to the men which we saved out of the wreck, they being of bongo. _december _ (_shimutsque _).--we arived within night at bingana tomo, wheare i went ashore and made consort for [neales, spikes, and iron hoopes]. soe we made this day leagues till night. _december _ (_shimutsque _).--we departed from bingana tomo at midnight past, and got this day to moro before sunne seting, having made leagues, with such extreame wynde that we weare not able to beare but very littell seale. the hollanders bark went out howers before us, yet we overtook her and out went her leagues before we weare aware, yet went into moro together. and here we understood gonrok dono went from hence daies past. _december _ (_shimutsque _).--we departed from moro at xj a clock before nowne, and arived at fiongo[ ] within night, having made xvij leagues this day, not without danger, seeing a greate bark, laden with rise, cast away in passing the straits at fiongo. [ ] hôgo. _december _ (_shimutsque _).--we departed this morning from fiongo, having laden barkes first with our merchandiz, to lighten our bark, she drawing much water, and now nepe tides. and the hollanders did the like. yet, as we passed the flattes of osackay, we were on grownd divers tymes; yet, god be praised, we gott well affe againe, and arived at osackay at a clock in thafter nowne; but at same place saw one bark cast away, laden with stones for the making of the castell, but all the people saved. _december _ (_shimutsque _).--our host, cuemon dono, the night past sent for whole company of _caboques_, and made a play with good cheare; and we gave them barrs plate, is : : . soe we departed towardes miaco, and arived theare this evening at night, and, passing by fushamy, mett with gonrok donos clark, whoe tould us his master was theare and ment not to departe from miaco of or daies. _december _ (_shimutsque _).--this night at sun seting capt. camps arived at miaco. _december _ (_shimutsque _).--i wrot letters to osackay, viz. to tozamon dono that i left order at bingana tomo to pay _tais_ plate bars to our hostis, also to provide great pottes and small of white salt against my retorne from edo; to the mother of helena, that i had order from mr. eaton to have spoaken with her about their doughter, but could not stay till my retorne from edo. and we made ready these presentes and delivered them, viz.:-- to suga dono, cheefe justis, _cattis_ raw silk. _tatta._ stamet cloth. peces ordnary damasks. peces redd sayes. peces ord. taffeties. in velvet bags. _cattis_ cloves _cattis_ pepper to inga dono, his father, _cattis_ cloves, in velvet bag. peces blak chauul taffeties. peces ordnary taffeties. to channo shozero dono, _cattis_ raw silk. _tatta._ stamet cloth. peces black cawul taffety. peces redd sayes. _cattis_ cloves, in a velvet bagg. _december _ (_shimutsque _).--our host at cousattes[ ] sent his man with a present of chistnuttes leagues to bid me wellcom, and i gave the fello _mas_ which brought them. this day we got out our letters of favor from the justis of miaco and chawno shozero dono. [ ] kusatsu. _december _ (_shimutsque _).--we departed from miaco this day, and went to cousates to bed, having made this day leagues. and in the way followed us companies with bankettes japon fation, viz. from ostes servantes, from tome donos brother, from kinsman of our host, from maky shozemon dono; unto which mr. osterwick gave _ichebos_ of gould. soe we got to cousattes this night, our hostes name yoichero dono; and paid for supper and breckfast _ichebos_, and c. _gins_ to the servantes of howse. _december _ (_shimutsque _).--we went to dyner to minna cochie,[ ] our hostes name ishia dono; and paid i _ichebo_ to howse and ij c. _gins_ to servantes. soe went to bedd to shequenogize, the hostes name ichezayemon dono, having made xiij leagues this day. [ ] minakuchi. _december _ (_shimutsque _).--we dyned this day at youkaich, leagues, our hostes name called ishiais taffio dono; and went to bed to quanno,[ ] leagues more. [ ] kuwana. _december _ (_shimutsque _).--we went to mia[ ] from quanno, leagues per sea, and dyned at fox, my hostes. and from thence went to bed to cherew,[ ] host called sangusque dono, and made leagues. [ ] miya. [ ] chiriu. _december _ (_shimutsque _).--we went to dyner to fugecaw,[ ] - / leagues, the hostes name crozemon dono, and from thence went to yoshenda,[ ] - / leagues, the hostes name yamanda sinimon dono, to bedd. here was a howse set on fire neare our lodging, yet sowne quenched, otherwais we had our horses redy to depart. [ ] fujikawa. [ ] yoshida. _december _ (_shimutsque _).--we went to dyner to array,[ ] leagues; and went to hammamach[ ] to supper, leagues mor; the hostes name sozero dono, at arrais, and heare at hamamach, ummea ichazemon dono. [ ] arai. [ ] hamamatsu. _december _ (_shimutsque _).--we went to dyner to cagingaua,[ ] leagues, and to supper to canayea;[ ] the host at cagengaua called yasozemon dono, and at canayea, soyemon dono. [ ] kakegawa. [ ] kanaya. _december _ (_shimutsque _).--we went to dyner at ocaby,[ ] leagues, and to soper to egery,[ ] leagues; the hostes name at [ocaby] groboye dono, and at thother, ficobuye dono. [ ] okabe. [ ] ejiri. _december _ (_shimutsque _).--we went to dyner to ishwary,[ ] leagues, and to supper to mishma,[ ] leagues; the name of the host at ishwary skozemon dono, and other seden. here we kept christmas. [ ] yoshiwara. [ ] mishima. _december _ (_shimutsque _).--we went to dyner to odoro,[ ] leagues, the hostes name nacafaroya genimon dono; and to soper to oyesso,[ ] leagues, host named matobio dono. [ ] odawara. [ ] oiso. _december _ (_shimutsque _).--we went to dyner to todsque,[ ] leagues, the hostes name cutero dono; and to supper to caninggaw,[ ] leagues, the hostes name ginemon dono. at caningaw i receved letters from edo, viz. from cacazezemon dono, from stroyemon dono, from capt. adames sonne isack, and from sobioye dono, secretary to gentero dono. [ ] totska. [ ] kanagawa. _december _ (_shimutsque _).--we stoped at a pleace leagues short of edo, called suningaua,[ ] the hostes name gembio dono, where capt. adames children mett us with a present of _muchas_ and rosted hens and a _baroso_ wyne; as also gentero dono sent us horses and other two for the hollanders, with a _bongew_ to bidd us wellcom, as the admerall shungo donos sonne sent his man to bid us wellcom. soe we arived this day after nowne at edo. and the king of firando's brother sent me a present of _muchas_, and withall to tell me i was wellcom. and cacazemon dono envited the hollanders and us to super, where we had great cheare, with many good wordes, and amongst the rest tould us that the portingalles came not to sight of the emperour, nether would he let them have _goshons_ for their shiping from amacon to traffick to japan. [ ] shinagawa. _december _ (_shimutsque _).--i rec. a letter from shongo dono, with hens for a present. and i deliverd the _cattans_ and _wacadash_ of capt. adames, left per will to his sonne joseph; where were teares shedd at delivery. _december _ (_shimutsque _).--we went to vizet gentero dono, the king of firandos brother, and carid hym a present as followeth:-- _tatta._ stamet cloth. _cattis_ white silke. _cattis_ cloves, in a velvet sack. peces redd sayes. peces ord. taffetis. pec. ordnary damaskes. from us and the hollanders; which he took in good parte, and gave us kynd entertaynment. _december _ (_shimutsque _).--we carid and delivered presentes this day, viz.:-- _cattis_ raw whit silk. _tatta_ stamet cloth. peces rich crimson damaskes. peces ordenary damaskes. peces redd silk sayes. to otto dono. and the like to itania quenusque dono. and to the secretary of otto dono:-- pec. ordenery damask. peces ordnary taffetis. to quenosque donos secretary:-- pec. ordnary damask. pec. ordnary taffite. _january , - / _ (_shimutsque _).--we made ready our present bordes this day; and had order to vizet a nobellman to morow. _january _ (_shiwas _).--the king of firandos brother, jentero dono, came to my lodging to vizet me, as capt. camps did the like; unto whome i gave the best entertaynment i could, and soe they departed. but capt. camps came first, and soe we sett downe the quantety of presentes to be geven, viz. to the prince, themperours sonne; to the cheefe justices of edo, per adviz from king firando. also we understand themperour will be heare within dayes. _january _ (_shiwas _).--cacazemon dono sent me word that themperour will be at edo this night, but that oyen dono, his master, will not be heare till two daies after, yet wisheth us to make all thinges ready, which we will geve in presentes, as also to put in writing our petision what we demand, because we may be dispached before the japon new yeare, which is the first day of next moone. towardes night chawno shozero donos brother sent me word themperour was arived; and capt. camps sent me word it was best to vizet the justices at edo to morow with presentes. _january _ (_shiwas _).--there were presentes geven this day, as followeth:-- to matzera dayre jemon dono. to caffia dono, _goshon_ seale keeper. to enoquena cambo dono, a _mackey bongew_. to gentero donos secretary. to his man brought us horses on the way. to maczera dayres secretary. to caffia donos secretary. to _mache bongews_ secretary. and itamia quenusque dono, on of themperours councell, sent me wild geese for a present, and withall advized me that we weare to goe vizet themperour with our present the xvth day of this moone, which is x dayes hence. this morning, howrs before day, was an earthquake. _january _ (_shiwas _).--cacayemon dono came to vizet me, and tould me his master, oyen dono, would be heare to night, and gave me councell what we should say to his master when our plito about the friggat was broght in question, and that i should mak as much knowne to the hollanders; he now thinking it could not goe against us, we having fownd and proved the presoners to be padres or frires. _january _ (_shiwas _).--cacayemon dono sent me word his master, oyen dono, retorned yisternight. soe i send our _jurebasso_ with the hollandars theirs to kiss his lo. handes on our behalfe, and to tell hym of our arivall heare, and to know his pleasure when we should com to speech with hym. _january _ (_shiwas _).--about a clock this day was an earthquake, which shooke a good while severall tymes. we envited the hollanders to dyner with cacazemon dono, stroyemon dono, and jentero donos secretary; and had the dansing beares. _january _ (_shiwas _).--we carid our present to oyen dono as followeth, viz.:-- _cattis_ white twisted silke. _cattis_ white raw silke. _tatta._ stamet broad cloth. peces ordnary damaskes. peces red cheremis. peces white cheremis. peces ruch crimson damaskes. in velvet bagges. _cattis_ cloves _cattis_ peper he took it in very good parte, and gave us frendly speeches and made us colation. _january _ (_shiwas _).--we dyned at holland howse, where we had good cheare, with the _caboques_. _january _ (_shiwas _).--jentero donos secretary sent me halfe a beefe, and the other halfe to capt. camps; but it was kild in the night, for non may be kild heare per themperors comand. _january _ (_shiwas _).--we went this day, and deliverd our present to cacazemon dono, both capt. camps and my selfe, to oyen donos secretary, our espetiall frend. _january _ (_shiwas _).--we and the hollanders carid our present to codgskin dono, who came hither but yistarnight, although it was said he arived heare daies past. and i rec. a letter from firando from mr. eaton, dated the th and kept till the th ultimo, wherin he writes that the king of firando or his offecars have let the japons cary of our men to nangasaque to sell them to the spaniardes; and that the japons are kept presoners in our howse still; and that torazamon dono sent hym word he should geve them meate and drink, which he retorned answer i had left order to the contrary. _january _ (_shiwas _).--we and the hollanders carid our present to themperour, viz.:-- _cattis_ white raw silk. _cattis_ white pole silk. _cattis_ white twisted silke. peces stamet clo., containing _tatta._ peces rich crimson damask. peces ruch blak sattins. peces redd cheremis. peces white cheremis. peces damask tabling. peces sleze lawnds. faggottes of steele. _cattis_ of cloves. _january _ (_shiwas _).--i wrot to mr. eaton not to lett our men goe with jno. jossens junck, nor geve meate to the japon presoners in our howse. _january _ (_shiwas _).--we carid our presentes to themperours sonne and his governor:-- _cattis_ white raw silk. _cattis_ cloves, in velvet bagg. _tattamis_ stamet brod clo. peces ruch crimson damaskes. peces ruch wroght black sattin. peces damask tabling. peces damask napkening. to dayeynanga samma, the emperours sonne. _cattis_ pepper, in velvett bagg. _cattis_ white raw silke. peces ordnary taffeties. _tattamy_ stamet broad clo. to sacky bingo dono, his governor or secretary. _january _ (_shiwas _).--capt. camps came to me to tell me the _bongews_ put hym in mynd to geve a present to the father of the king of firandos queene, as well as to her; but he was of opinion (as i the like) that we ment not to geve any to the doughter but for the husbandes sake, nether to her yf the king had byn heare; only this is in respeckt she is queene of firando and now greate with childe, and we the first which came to edo after the mariadge, the king being absent, and never to be looked for hereafter. but, yf we should now geve a present to her father, it must allwais contynew hereafter, for the japons still encroche, and aske but geve nothing, nether to say the truth we have geaven away all allready, that nothing of worth restes to geve. _january _ (_shiwas _).--i went to capt. camps to take councell what we were best to doe about delivering our petition to the emperours councell to have our oulde preveleges confermed to cary out men and munition our shipps in payment for it, as we have donne in tymes past. but cacazemon dono, oyen donos secretary, sent us word we were best to stay till the councell advized us to make knowne unto them yf we were greved in any thinge and we should be remedied, and then we might mak our case knowne; otherwais, yf we went about to doe it before that tyme, it would be throwne by, and noe respect had unto it. soe we aledged we dowbted then we should be detayned here over long; but they promised the contrary. _january _ (_shiwas _).--i sent our _jurebasso_ to the court to procure out our _goshon_ (or dispach); but he retorned without doing any thing. _january _ (_shiwas _).--we and the hollanders went to dyner to the king of firandos howse, being envited per jentero dono, his brother, and were very well entertayned; and carid a present to the queene of firando as followeth:-- _cattis_ white raw silke. _tatta_ stamet cloth. peces ruch crimson damaskes. peces of redd sayes. we did this in respect she is queene of firando and now greate with childe, and within short tyme to goe from hence for firando, she not having byn theare as yett. _january _ (_shiwas _).--i sent our _jurebasso_ to thank the prince of firando for our kynd entertaynment yistarday; and, after, i sent hym to the court to procure our dispach, but could effect nothing. _january _ (_shiwas _).--i sent our _jurebasso_ againe to the court to procure our dispach; but he retorned without doing any thing. only the councell gave hym fare wordes, and bad hym com againe to morrow. and towardes night stroyemon dono and cacazemon dono sent me word we should have our dispach before the new moone; which god grant. _january _ (_shiwas _).--the king of firandos brother accompanid with other noble men of themperours followers, one of _mangocas_, and the other of per anno, came to vizet me and to heare som musick, unto whome i gave the best entertaynment i could; and from hence they went to the hollands howse to vizet capt. camps. also i sent our _jurebasso_ to the court to procure our dispach; but retorned without doing any thing. and our _bongew_, stroyemon dono, and cacazemon dono tell us now we must of force stay heare till after the feast, before we can have our dispach. also they say gonrok dono will be heare this night. _january _ (_shiwas _).--the queene of firando sent me a present per her secretary, with the like to capt. camps, viz.:-- silk coates or _kerremons_ with watta. barills of wyne of japon. wild geese. _january _ (_shiwas _).--cacazemon dono and stroyemon dono came to vizet me, and tould me that oyen dono said that themperour did esteeme of our nations more then ever, by meanes we had soe well defended our selves in our plito against the padres, and that we should be dispached shortly to our content. also they tould me that the sonne of masseamon dono would com to vizet both us and the hollanders to morow, which we agreed should be at hollanders lodging, it being more comodious than ours. also our _jurebasso_ was at court all day, and procured nothing. _january _ (_shiwas _).--the hollanders and we kept within dores all this day, attending the coming of massamone his sonne, hoe sent word he would com and see us and take accoyntance with us; but came not. nether could we doe any thing for our dispach, being now answerd we must attend days more till the cheefe of the feast be past. _january _ (_shiwas _).--we went and deliverd our presentes to the admerall shongo dono, and his ould father fiongo dono. we were very kyndly entertayned at both howses, espetially at shongo donos, with a bankett of _chaw_, spanish wyne, and other matters extraordenary. and soe we went to hollanders to dyner, and they came to us to supper, we having in thafter nowne vizeted the pagod of ottongo fachemon, the god of war, which out of dowbt is the devill, for his pickture sheweth it, made in forme as they paint the devill, and mounted upon a wild bore without bridell or saddell, and hath wings on his shoulders, as mercury is paynted to have. _february _ (_shonguach _).--we gave presentes this japon new years day, viz.:-- pec. ordnary damask to mrs. adams. pec. ordnary taffety to her sonne joseph. pec. ditto to her doughter susanna. pec. ditto to jenquese dono, her good man. and i gave iij m. _gins_ to the dansing bears. and i sent capt. camps, viz.:-- gamon bacon. pec. martelmas beefe. drid netestonges. duble peper botrago.[ ] bolonia sausages. [ ] span., _botarga_, a kind of sausage. _february _ (_shonguach _).--the _bongews_ sent us word we could not goe to vizet the emperour nor his councell till the th of this moone at least; but tould us it were good we sent our _jurebassos_ to vizet jentero samma, the king of firandos brother, and cacazemon dono, with each a present of bundelles paper of fyve, , or _mas_ per bundell, and bundelles dito to jentero donos secretary. _february _ (_shonguach _).--capt. camps and we went to see the cytty and a great pagod called assackxa, dedicated to a japon saint (or rather deavill) called quannow. we gave _gins_ to the _bose_ to shew it us, and _ichebos_ to an other _bos_ where we banqueted. _february _ (_shonguach _).--i went with capt. camps to the howse of oyen dono, themperours secretary, to have delivered hym a present of a peece of currall containing - / _taies_, and a _catty_ wight rich campher, and to wish hym a good new yeare; but he was gon out to vizet the prince, themperours sonne. and cacazemon dono and stroyemon dono came to vizet me, the first bringing me a present of wallnuttes and a salt salmon. _february _ (_shonguach _).--we dyned all at hollandes lodging this day, where we fownd stroyemon dono and gentero donos secretary. and, as we weare at dyner, came word torazemon dono was arived. soe capt. camps and i sent our _jurebasso_ to bid hym wellcom. _february _ (_shonguach _).--torazemon dono sent me a present of _barsos_ wine, wilduckes, and a great fresh barbell. and i rec. by hym a letter from mr. eaton, dated in firando the th december, with others from tome _jurebasso_ and jno. _jurebasso_, how they have delivered _taies_ in merchandiz and money to king of firando, lent to hym, and that the japons have sent our english men to nangasaque to sell them to spaniardes. _february _ (_shonguach _).--mr. eaton wrot me in his letter how the japons at cochie had beate the hollanders pilot and an other marrenar at cochie, that they left them for dead; and the reason was because they would not deliver them back our english men which weare fled abord for releefe; and that they used both us and the hollanders soe villanosly that it was insufferable. _february _ (_shonguach _).--we sent mr. osterwick with our _jurebassos_ for thenglish and duch, to deliver our petition to otto dono, the kinges councellor; but he would not receve it, but bad them com againe to morrow and deliver it before the whole councell, for that he hym selfe would not receve it. _february _ (_shonguach _).--capt. camps and i went vizet torazemon dono, and carid a present because of the new year, telling hym we did not present it for a present, but for a custom of the new yeare, not to goe emptie handed to a man of his qualletye and our espetiall frend. and at same tyme came jentero donos secretary with shroyemon dono, the _bongew_, and cacazemon dono, with an other of themperours men, which i esteemed to be an espie sent of purpose to heare what we said. for torazemon dono was somthing forward in his speeches, saying mr. eaton had refused to geve meate to the japon presoners left in our english howse by comandment of the king of firando and gonrok dono. but i answerd that i left order with mr. eaton soe to do, and that we had no processe against those japons, which yf gonrok dono had let hym fynd a preson out of thenglish howse and meate for them.... _february _ (_shonguach _).--there was an earthquake about sunne setting. _february _ (_shonguach _).--there was an other earthquake this morning about an hower after sunne rising, but of small contynewance. _february _ (_shonguach _).--the emperours councell sent us and the duch word that they would geve us noe absolute answer about our petition till the king of firando com hym selfe to edo; but, for the rest, the emperour would geve us leave to departe within or daies. _february _ (_shonguach _).--i took councell with capt. camps to make a demand to torazemon dono about the sending our men to nangasaque to sell them, contrary to his promise and the king his master, at our departure from firando. and torazemon denied that our men were not sent to nangasaque, nor that the king knew nothing thereof. soe then i produced the letters sent from our _jurebassos_, to conferme it. _february _ (_shonguach _).--i sent our _jurebasso_ to court to procure our dispach, but could effect nothing; only they said the feast of the berth of the yong prince (themperours eldest sonne) was celebrated this day, and to morow the anniversary or dying day of ogosho samma is to be celebrated. _february _ (_shonguach _).--i wrot a letter to firando to mr. eaton and mr. hatch, of arival heare of gonrok dono and torazemon dono; and that now we must stay for an answer of our petision till the king of firando com hym selfe; and that torazemon dono denieth that our englishmen are not sent to nangasaque to be sould, neither knoweth the king of firando any such matter; and that, for the rest, we hope to be dispached within or daies, and leve our _jurebassos_ heare for the rest till the king of firando com, which, as we are enformed, is now in the way; and that this day capt. camps and my selfe put in writing our grevanses, to deliver them to torazemon dono and king firandos brother. and capt. camps came and brought the articles which we ment to present to the king of firandos brother and to torazemon dono, wrot in japons, the coppies whereof we keepe; in which we laid open all our grevanses, having remeaned soe many yeares in japon and setled our selves at firando, when we might as well have made choise of any other province in japon, and now to be soe misused to have som of our people kild and others extremly misused; and, lastly, others carid away captives to be sould to our enemies; which yf it were not remedied, there was noe staying for us in japon. unto which torazemon dono answered that all should be amended and our people retorned, and that the king of firando, his master, knew nothing therof. but i dowbt all will prove words, as hitherto we doe finde it. yet torazemon dono sent word he would now procure our dispach to content. _february _ (_shonguach _).--this morning, at break of day, there was an earthquake, which shaked a greate while. capt. camps and the duch dyned with us this day, and envited thenglish to dyner to morow, and, after, to see a play or _caboque_. _february _ (_shonguach _).--capt. camps envited us to dyner this day, and, after, to a japon play or commody, all plaied by men and boyes, and noe woamen; at which was torazemon dono, with jentero donos secretary and stroyemon dono, our _bongew_; and divers others brought bankettes, as capt. camps host, jno. jossens sonne in lawe, and others. and at our retorne we found our hostis sistar, madalina samma, and her husband andrea, come from oringaua; and she brought me a present of wild duckes, with great shelfishes and japon _muches_ as bigg as cheeses. and late at night yasimon dono, gonrok donos clark, came to vizet me, as he said, unknowne to his master, and tould me his master thought much in that we and the hollanders did vizet chawno shozero dono at miaco and came not to hym, his howse being in the same streete, right over against the other, and he, as he thought, in frenshipp with both our nations. unto which i answered that i did not know his lordshipps howse was in that street, nether that he was in miaco; but, to the contrary, was enformed he was at fushamy; and therefore desired pardon yf i had offended therin; and that i ment to vizet his lordshippe before i went from hence, as i made accompt capt. camps would doe the like; only i was ashamed we had noe good thing to present his lordshipp withall, and to goe emptie handed to a personage of his quallety was not good. but he answered me that was all one, whether we carid a present or noe; only he knew we should be welcom and our visetation taken in good parte; but i should not say he came to me. _february _ (_shonguach _).--we could doe nothing at court this day for our dispach, because it is a great feast, all the shops being shut up and an end made of the feast of shonguach. also torazemon dono, with the other gentelmen at play yistarday, envited per capt. camps, did envite them selves for to morow to an other japon play to me, which i could not deny. soe i envited capt. camps and the duch to it, with the hollandes host, and jno. yossens sonne, and the children and others of capt. adams, our host. _february _ (_shonguach _).--we went to the play and, as i passed by the hollanders lodging, i entred in and there found the king of fingo or figen,[ ] a brave yong man, and hath _mangocas_ of rent per anno. he went to see the hollanders because on of the hollanders servantes had served hym before, and, as he tould me, ment to have com to vizet me, had i not com thether. he used me with greate curtesie and offered greate frenshipp to all our nation, yf we came into his cuntrey. [ ] ? hizen, in kiushiu. _february _ (_shonguach _).--the night past a greate noblemans howse was burned near the emperours pallas. his name is catto samma dono, king of io, or eyo.[ ] [ ] iyo, in shikoku. _february _ (_shonguach _).--our hostis envited both us and the hollanders to dyner this day; and we envited the dansing beares at night. _february _ (_shonguach _).--i sent our _jurebasso_ to the court to procure our dispach, but effected nothing. soe capt. camps and my selfe thought to have gon to the councell to have shewed our selves, hoping it would have procured our spidiar dispach, and, to that entent, sent word to torazemon dono and stroyemon dono to desire them to accompanie us. but they retorned answer it were better we staid this day, and they them selves would goe and see what they could doe, which, yf it would not take effect, then we might goe to morrow or the next day. _february _ (_shonguach _).--i sent our _jurebasso_ to the court, to procure our despach, but effected nothing; only otto dono said to our _jurebasso_ that he should write downe the names of the duch and english, and they should have answer to morow, for that he would shew it to the rest of the councell. _february _ (_shonguach _).--i sent our _jurebasso_ againe to the court to gett our dispach; but retorned without doing any thinge, they saying it was a greate hollyday, but i could not understand for what sainte. _march _ (_ninguach _).--capt. camps and i went to the court betyme this morning, and, per meanes of cacazemon dono, spoake with his master oyen dono, desiring to have lycense to departe. and he gave us good wordes and said it was trew we had staid heare a long tyme, but now he would speake to themperour to get our dispach, and to that entent we should send our _jurebassos_ to the court to morow that the rest of the councell might see them, and then he would put them in mynd to dispach us. _march _ (_ninguach _).--the hollanders and we sent our _jurebassos_ to the court to get our dispach. and they were answerd by the councell we should be dispached to morow; but i think it will be after a skervie fation, for nether our _bongew_, shroyemon dono, nor torazemon dono have com at us these or daies, nor soe much as sent to us. soe i think our matters at firando will groe worse and worse, till we be driven out of japon. there was an earthquake this evening about a clock at night, which shook much for a small tyme. _march _ (_ninguach _).--i sent our _jurebasso_ to court, as the duch did the like, to procure our dispach; but had nothing but wordes, saying they were busy in councell about other matters, but would remember us shortly. soe i think (as capt. camps is of same opinion) that they would keepe us heare till the king of firando com, which it may be will not be this monthes. _march _ (_ninguach _).--i wrot letters, viz. one to skengro dono to miaco, to give covart to the other to mr. eaton and mr. hatch at firando. in this letter i advized, yf any of our shiping came into japon before our retorne, to let them stay at cochie and not com into firando, nor put their ordinance nor munision ashore. _march _ (_ninguach _).--capt. camps and i went to the court, and there staid till the councell entred into themperours pallas, and then spoake to them for our dispach, which now they have promised us without feale shall be within or daies. also torazemon dono sent me two wilduckes for a present, and withall advized me our dispach would now be shortly. and, as i am enformed, there will be warrs shortly in japon betwixt themperour and his uncle; for themperour sent to hym to com and doe his obesance, as other subjectes doe, or else he would take his revenews from hym. but he retorned answer he owed hym noe such service, and that yf he went about to take his inheritance from hym, he would defend it by armes. soe that princes are sent to hym to turne his mynd; yf not, then warrs will ensue. _march _ (_ninguach _).--great aboundance of rayne per night, with an earthquake at a clock at night. _march _ (_ninguach _).--a stiffe gale most parte of day and night following, which might be accompted a tuffon or harrecano, with aboundance of rayne all day. we could doe nothing about procuring our dispach this day, per means of the tempestious wether. _march _ (_ninguach _).--the hollanders and we sent our _jurebassos_ to the court to get our dispach, but had nothing but feare wordes, as allwais the like heretofore. soe i went to capt. camps, to take councell with hym what we were best to doe. and in the meane tyme, while i was theare, torazemon dono, and stroyemon dono, our _bongew_, came to our lodging. soe i went and bade them welcom, and they staid supper with me; and, amongst other speches, torazemon dono said it had byn better for us to have followd the king of firandos councell, and kept capt. speck heare, which, by meanes of the comander johnson and others, was refuced, and now we saw how matters went forward. unto whome i answered that thenglish were not in falt that he went away; "but," said i, "what could capt. speck doe heare now (yf he were here) then capt. camps hath donne?" unto which he knew noe other answer but it was true; yet this emperour of japon was not soe easy to be spoaken with as his father was. unto which i answered i knew not that, but for the king firando he ought to heare us, we refusing all other kinges of japon to settel our selves only in his cuntrey, when we might as well have donne it in another. he used som wordes that by meanes of our residence in his cuntrey, he was put to much more charges then heretofore about building fortresses. in fine, i think all will be nought, the king being a yong man and harkning to yong councell, which may deceave hym as it did roboam, king sollomans sonne. once i dowbt this torazemon dono is our secret enemie, and i have the like opinion of coa jno., our _jurebasso_, although he be a very asse, yet he secretly doth what he can against us. _march _ (_ninguach _).--torazemon dono sent for capt. camps and me to com to hym, for that he had something to tell us from oyen dono, themperours secretary. soe we went to his howse, where we mett cacazemon dono, stroyemon dono, and jentero donos secretary. and they tould us that, tuching the priz goodes in the friggot, the japons said it was theirs, and not the spaniardes or portingales, but themperour would not beleeve them, for that we had proved them tretors in bringing padres into japon, contrary to his comandement. yet, notwithstanding, oyen dono desired to have our and the hollanders _jurebassos_ with stroyemon dono, our _bongew_, to com in private to hym to morrow, to shew unto hym the truth, what belonged to the spaniardes and portingals and what to the japons. soe we agreed upon it, and withall tould them we never ment to withould anything from the japons, and, for the fardells of silk and other matters which the japons fathered, there was ticketes in them which shewed to whome they belonged, and their names written in spanish and portugez, all which we made knowne unto them for their better remembrance to morow. soe we had kynd entertaynment and full promis to be dispached within a day or two without faile, with many complementall wordes both from cacazemon dono and the rest. _march _ (_ninguach _).--our pilot of sackay, which brought us from firando to osacky, came to viset me, he coming from sacky by sea in a greate bark laden with salte, and was months in the way; and he sayeth that with the storme few daies past many barkes were cast away coming in company with hym, and all the people lost, his bark not escaping without greate danger; this being the th voyadg he hath made from sacky to this place. the hollanders and we sent our _jurebassos_ to court to get our dispach; but had nothing but fayre wordes as heretofore, only they said that themperours councell receved the king of fingo this day and feasted hym, which hindered our dispach, but to morow they would doe it. _march _ (_ninguach _).--we sent our _jurebassos_ to court to procure our dispach. soe they had answer that our dispach was granted, and to morow themperour would send us his present, and then we might departe when we would. _march _ (_ninguach _).--capt. camps and i apointed to morow to goe to the nobles to take our leave and thank them for our dispach, and soe to dispach our selves out of edo. also this night, about a clock, was an earthquake, but not of much contynewance. and about midnight was a fire in the towne, and much hurleburly. _march _ (_ninguach _).--capt. camps and i, with mr. osterwick, went to torazemon dono to thank hym for the paines he had taken about our busynes heare, and withall did deliver unto hym a writing conserning the abuses offered unto us and our nation at firando, in keeping of our men presoners and sending them to nangasaque to sell them to our enemis, and make our howse a preson for the japons, against whome we had no plito. unto which he answerd we had reason in what we said, and that the king of firando knew nothing thereof, and therfore all should be amended to our content; and that the presoners japons were kept per ordenance of gonrok dono, and not per the king of firando. and as capt. camps and i were about to goe to thank the nobles for our dispach, word was brought us we might departe when we would, and leave som one behind us to receve the present themperour ment to geve us, for that as yet it was not ready; which truly is the greatest wrong or indignety that eaver hitherto was offered to any christians, and i think is donne of purpose per meanes of the king of firando, whose mother is a papisticall jesuist, and he and the rest of his bretheren and sisters papisticall christians. soe that i think it is impossible that we shall eaver have good entertaynment in his cuntrey. god send me and the rest of our nation well out of it. _march _ (_ninguach _).--capt. camps and my selfe went to the emperours councell to take our leave, viz: to oyen dono, codgque dono, otto dono, ita canusque dono, the princepall councellors. and we spoake to oyen dono and ita canusque dono, whoe gave us very good wordes, and said they were ashamed we staid here soe long and that we had not themperours present delivered to us before we went from hence, but, yf we tarid or daies longer, it would be ready, or delivered in our abcense to whome we pleased to receave it, yf we went away before. but codgsque dono and otto dono were not at home, but hadd left order with their secretaries to answer as the former. soe we went from thence to the lodging of gonrok dono, and carid hym a present from us and the hollanders. and itamia canusque dono sent me silke coates or _kerremons_, and the like to the duch. i tould capt. camps i ment to vizet shongo dono, the admirall, and cary hym a present of / a _catty_ of campher and a _tay_ wight of currall, all at my owne coste, in respect of the frenship which was betwixt capt. adames and hym, and to wish hym to contynew his favour to his child, now the father was dead. but capt. camps fell into collerik terms, and tould me i could not goe to hym nor non else without his consent. unto which i replied i might doe with my owne what i list, and that i did not put this to the companis acco. unto which he answerd that i now went about to procure his disgrace, and to get all the thanke to my selfe, in respeckt of a present was geven hym both this yeare as also the last, which had it not byn for thenglish, they would have given him nothing. unto which i replied i knew nothing of that which passed the last yeare, and, for that which was donne this yeare, he might have chosen whether he would have geven it or no. yet there is suffitient witnesse he said he was sory he had not geven more in respect of our good entertaynment. but it seemed capt. camps was angry, for he tould me he had put up more indigneties at my hands then this, which, god is my witnesse, i know not whereby he speaketh it, for he hath contynewally ensulted over me, and thrust hym selfe still before me into presence of themperour and his councell, saying his place was before myne in respect the duch was admerall at sea in the manillias voyage this yeare. yet i suffered all this with pasyence, and let hym take his course; but to be master of my owne and geve it to whome i list, i think i offerd hym no injury. also oyen dono, themperours cheefe secretary, brought me silk coates or _kerremons_ of silk (as i make acco. the hollanders had the like) with many complementall wordes; and out of these coates i gave to mr. osterwick, to robt. jones and to jno. collins at recept therof. also we gave these presentes following in our house:-- _cattis_ white raw silk to capt. adams wyfe. to madelina samma, her sister. _catt._ white raw silk pece redd silk say _catty_ ditto silk to their ould mother. pece red cheremis to susana, capt. adams doughter. halfe pece ruch crimson damask to joseph his sonne. pece ornary damask to andreas their uncle. pece ornary taffete to maria their kinswoman. pece ornary taffety to josephs schole master. pec. ditto to yode dono, their frend. pec. red cheremy to robt. and jnos. hostis. we left order with torazemon dono to rec. our present from themperour both for us and hollanders, as also our petition for themperour; and i left my _goshon_ with andreas to get a new one out and send it to me. _march _ (_ninguach _).--we departed this day from edo towards miaco, and went to bed to canengaua,[ ] leagues. but we overtook captain camps leagues from edo, and he out went us leagues without biding us farewell. we gave _taies_ to our hostis, for diet in our lodging at edo for the tyme we staid there, besids other extraordnary which came to above _taies_ more. soe we wanted _taies_ to cleare all matters, which i promised to send them from miaco, god permiting. and andrea, with capt. adams children, and jenquese dono, accompanied us out of edo, and brought us a duble banket, with our presents bord man. soe we gave the bringers ij _ichebos_ to make a feast, and to the servantes in our hostes howse i _coban_ and i _ichebo_; as also one _ichebo_ to our host at suningaua,[ ] leagues from edo, being there called in by capt. camps, otherwais we had pased alonge; yet he went from us afterward, as above said. [ ] kanagawa. [ ] shinagawa. _march _ (_ninguach _).--we went to oyesso (or oiso) to dyner, leagues, and to supper to odora,[ ] leagues. and per the way we overtook stroyemon dono, our _bongew_, whoe deliverd me xxviij _coban_ barrs of gould, as he did the like nomber to capt. camps, to employ for cacazemon donos sonns best advantage when shiping cometh or otherwais, the _coban_ vallued at _ta._ _m._ _c._ per barr, is _taies_; wherof i send back, per the servant of cacazemon dono, to deliver to our hostis at edo, capt. adames woaman, at rate abovesaid, is _taies_. capt. camps had a letter in japons how cornelius died within daies after he arived from osacky to firando, and that the shipp departed to molucas. [ ] odawara. _march _ (_ninguach _).--we went from odoro to facana yama[ ] to dyner, hostes name jembio dono; and to soper to nomads,[ ] hostes name tozemon dono, having made leagues before dyner and - / after. [ ] hakone. [ ] numadsu. _march _ (_ninguach _).--we went to dyner to cambar,[ ] leagues, the hostes name sayemon dono; and to supper to egery,[ ] - / leagues, to our ould hostes howse as we went up. [ ] kambara. [ ] ejiri. _march _ (_ninguach _).--we went to dyner to ocaby,[ ] leagues; and to supper to canayea,[ ] past the greate river, leagues. [ ] okabe. [ ] kanaya. _march _ (_ninguach _).--we went to dyner to fucore,[ ] leagues, hostes name facherozamon dono; and to supper to hammamach,[ ] leagues. and by the way we met with quiemon dono, our barkman, or _sinde_,[ ] of sackay, whoe brought me letters from mr. eaton, of one date, th of january, and both coppis verbatum, and an other of the th of february; wherein he writes me all the japon presoners which were in our howse are sett at liberty; and that the hollanders sent our english men ashore againe which weare abord their shipp, being compeld by japons. soe they carid them all to nangasaque, and jno. yoosen hath them in his handes and will not deliver them unto us, allthough mr. eaton sent ric. hudson and a _jurebasso_ with hym to demand them, offering to pay all the charges he hath disbursed. but he answered that he would not deliver them, although the king of firando and governor of nangasaque comanded hym, for that he had mad ready his junck and ment to send them to the holland factory at jaccatra, except we would buy his junck and pay hym , _taies_ he had disbursed in provitions to send thither. but the world knoweth that yoosen is not worth , pence. also this day, as we passed over a river, a _bongew_ of the king of faccatais men did misuse our horsmen, after our horses weare entred into the bark, and would have put them out per force, because we weare strangers. whereupon they went together by the eares, and much a doe there was about it. soe that the _bongew_ of faccata sent word it was donne without his consent, and therefore, yf we brought out the parties which did it, were they , , , or , he would put them to death in our sight. but our horsmen weare soe bent because the faccata men had misused them, they being themperours men, that nothing would serve them but the death of the others; which i would not consent unto, but wished them to defer the matter till we came to miaco, and then we would bring it to passe before the justis theare. and stroyemon dono, the king of firandos _bongew_, was of the same opinion; yet our horsmen weare not content. but in the end they agreed among themselves. [ ] fakuroi. [ ] hamamatsu. [ ] _send[=o]_, a boatman. _marche _ (_ninguach _).--this day we went to aray[ ] to dyner, leagues; and to supper to yoshenda,[ ] leagues. heare our _bongew_ and the hollanders sliped from us and went to bed leagues ferther. [ ] arai. [ ] yoshida. appendix. correspondence. richard cocks to the e. i. company.[ ] right worshipfull,-- * * * * * * the th of june we came to an ancor in the haven of firando, in japan, where the kinge of the place receaved us very kyndlie; mr. adams not being theare, but had heard of our coming per meanes of a letter sent from sr. thomas smith, which caused hym to leave order with his host to send a post to hym at our coming, which he did, and our generall wrot hym severall letters, yet he arived not at firando till the th of july. and the th of august our generall departed for the japan court, mr. adams accompanyinge hym. and it was the th november before he did retorne for firando, it provinge a tediouse jorney. yet he obtayned all priveleges that he did demand. god grant the trade may prove as benefitiall as hetherto our succeadinges have byn suckcesfull. the only crose hath byn the runinge away of of our marreners in the abcense of our generall, viz. john bowles, christopher evans, jno. sars, clement lock, and jno. totty, englishe men, and jasper malconty, and one jaques, flemyngs; but bowles and evans were the instigators of the rest. they stole away the skiffe and went for langasaque, and there took sanctuary in the papist churches, and weare secretly convayed away for the phillipinas per the jesuistes; but the skiffe we recovered againe. the flemynges had setled them selves heare or yeares before our arivall, and have built them a howse in this place, which hath cost them allready above _l._ str.; and doe disperce them selves abroade, som on way and som an other, to look out for trade, as we must doe the lyke, for they are close and will let us understande nothinge. they have som small entrance allready into corea, per way of an iland called tushma, which standeth within sight of corea and is frend to the emperor of japan. but the chifest place which as yet they have fownd out is from hence to syam and pattania, from whence they bring silke, brasill wood, and deare skynns, which is all ready money heare. mr. adams is now entertayned into your worships servis for a cupell of yeares, untill news com of the _cloves_ safe arivall in england, he being now at libertie to com for his contrey when he will. he wold not be entertayned under _l._ str. a yeare. the flemynges did what they could to have gotten hym from us, which made hym to stand the more on his pointes. he aledged he was a pore man and that he had spent yeares allready to noe purpose, and now wold be loth to retorne for his contrey a begger, gevinge the worpll. compa. humbly thankes for his libertie, which he doth acknowledge came cheefely by meanes of the coming of this ship with his maties. letters of england. mr. adams is of the opynion that, yf eaver the northeast or northwest passages be fownd out, it must be from these partes, and offreth his best services therein, the emperour promisinge his best fortherance with men or letters of recomendacions to all prinses, and hath entrance allready into an iland called yedzo, which is thought to be rather som parte of the continent of tartaria. mr. adams hath drawne out the plot of japan, with parte of that iland and corea and other bordering places, and sendeth it to your worships per this conveance. yt is certen that the hollanders had taken this discovery in hand before now, but that they have soe many irons in the fyre allready with their wars in the molucas against the spaniardes. i am sory that i canot instantly write your worships of much benefitt to be made in these partes; yet i see both the spaniard, portingale, and duche look out very sharplie about matters of trade. and, yf they doe good, i hope in tyme we shall doe the lyke, in havinge care and usinge dilligence, for out of dowbte heare is greate store of silver in these partes, and, could we gett any greate quantety of broad cloth to vent, it wold prove a greate matter, allthough at low rates; but as yet they are soe adicted to silks, that they doe not enter into consideration of the benefitt of wearinge cloth. but tyme may altar their myndes, and in the meane tyme we must seeke out other matters benefitiall, as i have formerly said other men doe; and, for my owne part, soe long as i stay in these partes (or else where) in your worps. service, i will use my best endevour. * * * * * * at firando in japan, the th november, . your worps. duringe lyfe at comand, ric. cocks. [ ] india office. _original correspondence_, vol. i, no. . ------------------- richard cocks to richard wickham.[ ] january the , [ ], firando in japan. mr. wickham,--it being generally agreed upon (with your owne consent) that yow make a voyage for edow, sherongo, and those partes of japan, with such a cargezon of goods and merchandiz as i should think fyttinge, beinge assisted with capt. adams, for the better dispaching your busynes with the emperour, with whome yow know he hath good entrance and no other employments for hym at present; yet, those matters of the emperour being past, i pray yow detayne hym not theare, but will hym to make as much speede as he can back for firando, where there will be necessary use of hym. and being arived in those partes, my opynion is that yow take up your lodginge in the best merchantes howse in the towne, where yow may have a gadonge fyrefree, to prevent the danger therof, which is not unknowne unto yow this cuntrey is much subject unto. and to live under the roofe of a naturall japan is better then to be in the howse of any stranger, be he duch, spaniard, portingall, or of any other nation whatsoever. and the better mans howse yow lye at, the more creditt it will be for yow, and the more securetie yow will live in what occation soeaver happen. i my selfe speake this per experience, as havinge made proofe thereof. and have an espetiall care not to trust any man with the companies goods without makinge ready payment, for i am informed these cuntrey people are not to be trusted, nether will any marchant of accompt seeke to bye upon creddit. and for others, they are to be refused. and in my opynion it will be your best course to make choise of som one man in those partes, to assiste yow in makinge choise and receavinge of your moneyes, a thinge much to be regarded in these partes per meanes of the greate deceate is used therein. and no dowbt yow may procure such a one for a small matter. and make much of frends, when yow have them, and use these cuntrey people kyndly both in word and deede, for fayre wordes will doe much and as soone are spoaken as fowle, and allwais good will com thereof; for these cuntrey people are not to be used nether with bad wordes nor blowes, no not soe much as servantes entertayned for necessary uses; but rather put them away, yf they be not to your lykinge, and make choise of others. and to use any speeches to perswade yow from gamnynge i thinke it is needlese; for i hold yow no gamster. yet, notwithstandinge, the admonition of a frend is not to be rejected. and, to say the truth, many inconvenyences happen and fall out per meanes of gamnynge, although it be but to passe away the tyme for trifles; and therefore it is not amisse to forsweare gamnynge. yt is good to use both duche, spaniardes, and portingalls kyndly, as also all other strangers; and learne from them what yow can, but make them not partakers of your secretes or pretenses. and for sales or dispach of your comodeties, i know yow will use your best endevour for our employers benefits; and therefore i will sett yow no stynted rate or price, but wishe yow to sell away as tyme shall serve at all prises, to turne all into ready money, before any other shipinge com out of england, that it may not be said we lye still and doe nothinge but eate and drink without takinge care for any thinge. i hope yow will not let the duch goe beyonde yow in this poynt. yow know that as yet we have not sould our english cloth under eight _taies_ the english yard, and cloth of cambaia under fowre for one profitt; but stand yow not upon that matter, but sell away both the one and other as yow can, as also gunpolder, allthough it be under twentie _taies_ the barell, which is loe price. yet yow must consider it is a dangerouse comodetie to be kept, and therfore make dispach. once use your best endevour both for that and the rest, as afforsaid, etc. and for the two parcelles of comodeties left in the custody of andreas, alias gendoque dono, of uringo, and quedoquea stibio dono, att edow and shrongo, yow are to take acco. of it beinge parte of your cargezon. and yf tome same, the yonge kynge of firando, com unto yow with a note or remembrance of my hand, to lend hym one thousand _tais_ or more, as capt. adams will advize yow, i pray yow take in my note and let hym have the money, in gevinge yow a bill of his hand to repay it me heare againe in firando at demand; which capt. adams tells me i need not to stand in dowbt of, for that the duch have doone the lyke heretofore and have receaved good payment. but this must be doone when yow have receaved money of the emperour. and, havinge any overplus of that money lyinge by yow or that is receaved for any other comodetie, use your best endevour to send it to me per first sure conveance (which i think will be per capt. adams), that it may not be dead, but be emploied to the companies use as occation shall be offred. and for your dyet or such as shall be with yow, i will not prescribe yow any rate, because i am unaccoynted with the place; but leave that to your owne discretion, not dowbtinge but yow will use frugallitie, etc. and because yow are to goe overland from osekey to shrongo in company of capt. adams about the emperours busynes, and that it is fytt som one of trust goe in the bark with the rest of the goods per sea for that place, i have thought good to send jno. phebie with it, a man well knowne to capt. adams, whome yow may entertayne theare as the companies servant under yow, yf yow fynde hym capeable or that it be fytinge. and forget not to write me per all conveances what yow doe, and learne out what yow can tuchinge trade into any place we yet know not of. and, god willing, yow shall not want to heare from me soe often as i fynd fit conveance. and it is good yow write contynewally to mr. eaton for osekey, as i have willed hym to doe the lyke to yow; for soe may we from tyme to tyme understand of each others proceadings, and i be ready to supplie your wantes with such comodeties as lye by me, yf in case yow can sell them yow have theare. and for a _jurebasso_, yf he which promised yow com from langasaque, yow shall have hym with yow, otherwais yow must get one at edow or shrongo; and in the meane tyme capt. adams hath promised me that andreas shall helpe yow, and tells me that yow canot want to fynd one there to your content. i know not what else to advize yow of for present, but, yf any thinge com to my remembrance heareafter, yow shall understand thereof per first. and soe the lord send yow a prosperouse voyage and safely to retorne. amen. your lovinge frend, ric. cocks. mr. wickham,--i pray yow have a due care to geve capt. adams content: which yow may easelie doe, yf yow use hym with kynde speeches and fall not into termes with hym upon any argument. i am perswaded i could live with hym yeares before any exstraordenary speeches should happen betwixt us. and the necessary use we have of hym is as well knowne to yow as me. i hope a word will suffice for that matter. ric. cocks. [ ] india office. _original correspondence_, vol. i, no. . ------------------- richard cocks to richard wickham.[ ] firando in japan, the th aprill, . mr. wickham,--by george the portingall (whoe departed from hence the th ultimo) i wrot yow severall letters, advisinge for the present; since which time i have recd. letters from mr. eaton of the th and th ultimo, wherin he hath adviseth me he hath sould all his white baftas at sixteene _mas_ the peece, and certen mattes broad cloth at fyfteene _taies_ the matt. i wish all the rest were gon at same or lyke rate, both that i have here and others else where. he sayeth that som of his comodeties they will not look at, namely, selas, blew byrams, and candequis maweey. once doe what yow can to sell away, allthough somthinge under cento per cento, for it is better to have money by us then comodeties, whatsoever shall happen; for here are many reportes geven out of trubles lyke to ensue in japan. but kepe that to your selfe, and learne out what yow can and advize me thereof per first sure conveance. i make acco. capt. adams will be com away before this com to your handes, otherwaies geve hym counsell to take heed of one pedro guzano, a papist christian, whoe is his hoste at miaco; for a lyinge fryre (or jesuist) tould mr. peacock at langasaque that capt. adams was dead in the howse of the said guzano, which now i know is a lye per letters i receved from mr. eaton, for the said fryre rep[orted] he was dead before the date thereof. once i wold wish capt. adams to looke to hym selfe, for these villanose papisticall rable at langasaque doe geve it out behinde his back that he is a lutrano and one that they make accompt hath incensed the emperoure against them. i wish capt. adams at his being here to looke to hym selfe and take heed of them. and soe would i wish yow to do the lyke. mr. peacock departed from langasaque towardes cochinchina the th ultimo, as he advized me in a letter of that date, written from abord the jonke he goeth in called the _roquan_. we have had much northerly windes since their departure, soe i dowbt not but they will have a spedie passage, which god grant them with a prosperouse voyage. upon som occation i have noted that yow may esteeme i love yow not, or that i beare som secret grudge against yow, which here i doe protest (before god) i doe not, but rather doe esteeme much better of yow since your cominge hether then i did before. and soe shall yow find by proofe, yf it lye in my power to do yow good; for i regard not, but rather have quite put out of my memory, any wordes which have passed betwixt us hereto[fore]. i wish yow could make dispache of your busynese to be here ag[ainst] the syam voyage, and then shall yow see what i will doe. and tru[lye] i wold not wish yow to stay there upon small occations, but rather to leave them with your host or some other good frend that is assured. and in the meane tyme sell away what yow can; stand not upon price, but turne what yow can into money and bringe it alonge with yow. i can say no more nor geve yow no larger comition then i have doone. and soe, with my hartie comendacons to your selfe, sr. andrea, and the rest of our accoyntance, i comyt yow to god, restinge allwais your lovinge frend, ric. cocks. to his lovinge frend, mr. richard wickham, deliver in edow, shrongo, or else where. per way of osekey, inclozed to mr. eaton. [ ] india office. _original correspondence_, vol. ii, no. . ------------------- richard cocks to richard wickham.[ ] firando in japan, the th of may, . mr. wickham,-- * * * * * * ed. sayer arived heare yisternight from faccatay, and brought me such money he had receaved at tushma, which god knoweth is but littell, he not havinge sould one yard of english cloth nether all his pepper. he left john japan with his host at faccatay, to see to the busynes in his abcense. and this mornynge i have sent hym back againe, with order that yf he see no hope of dispache of his comodeties within or daies, that then he shall retorne for firando with the rest of his cargezon. i hope the emperour have taken the ordinance, poulder, and such other comodeties as were sent for hym. only capt. adames hath writ me he refused most parte of the broad cloth was sent, in respeck it was moutheaten. mr. nealson hath hym comended unto yow. he and i are soe busye about our building that we have small pleasure, havinge above men daylie at worke; but i hope it will not last longe. on sunday night last our kitchin was set on fire, and soe burned our new gates and gate howse; but was sowne quenched, god be praised for it. the lose will not be above or _taies_. i daylie expect capt. adames to look out about a jonck. newes we have non but that many souldiers are sent out of firando, and, as it is said, goe for arima, but for what intent i know not. george the portingale retorned for firando the th currant. his wife was brought to bead of a boye the night before he came. well fall (or fare), an ould knocker. and soe, with harty comendacons to your selfe with the rest of our frendes, i remeane your lovinge frend, ric. cocks. to his lovinge frend, mr. ric. wickham, english merchantt, deliver in edo or else where. per sr. duzak skidoyemon dono. [ ] india office. _original correspondence_, vol. ii, no. . ------------------- richard cocks to william adams.[ ] firando in japan, the th of june, . capt. adames,--my last unto yow was of the th ultimo, sent per duzak skidoyemon dono, yasimon donos brother in law; since which tyme your letter, dated in edo the th of aprill, came to my handes in firando the th of may followinge. i was right glad to heare of your good health, but sory to understand of the longe taryinge of our goods. i pray god that the necklegence of that dreamynge fello jno. phebe be not the occation. once it is a greate hinderance to the company our broad cloth was not vented this winter, soe many caveleros beinge at court could not have wanted to have carid all away. and i am afeard that capt. browers cloth he sent hence the last of aprill will com to serve the market at edo before ours; which yf it soe fall out, yow may easely gese what a skandall it will be unto us, ours departinge hence soe many monethes before it. i wold to god ours had gon overland all with yow and mr. wickham; but, for me, i had no insight into tymes and seasons. i am enformed that toba, the place wheare our goods have layne windbownd soe longe, is within or dayes jorney of edo or shrongo per land. i marvell mr. wickham had not put yow in mynd to have convayed our goods overland at first _costa que costa_; but now it is to late, i dowbt to our everlastinge skandall; for yf we stay yeares more in japan, we shall neaver have the lyke tyme to have vented our cloth as at this generall assembly of the nobilletie. ould foyne same is very sick. it is thought he will not escape it, for the phisitions have geven hym over. he tould me it was the emperours mynd that our cullers (or flagg) should be taken downe, because it had a crose in it; and to this day it was not set up againe. i perceave per mr. wickhams letter that tome same and oyen dono are very ernest to have money before we can receave it, and that in place of one thowsand _taies_ i promised to lend them they demand two thowsand. in deed i said i was content to let them have more, yf we could spare it; but i thinke we canot, and therfore they must pardon us. god grant they will be as forward to repay it when it shall be demanded. i have byn much tormented with an agew, which, after, turned into extreame ache in my boanes in all partes of my body, soe that i had thought i should have lost the use of my lymbs and was become a very crippell. but i praise god it is now somthinge aswaged, and i meane (god willinge) or daies hence to goe to the hot bathes at yshew, an iland of nobisanas, whither sr. yasimon dono will accompany me. our howse is now in a good forwardnes, but hath cost caro. and soe, in hast, i rest your ever lovinge frend, ric. cocks. to the worll. his frend, capt. willm. adames, deliver in edo or else wheare. [ ] india office. _original correspondence_, vol. ii, no. . ------------------- richard cocks to richard wickham.[ ] firando in japan, , july the th. mr. wickham,-- * * * * * * with greefe of mynd i write unto yow of the ill hap and death of our frend mr. tempest peacock in cochinchina, where he arived in saffetie, as the duch did the lyke, and sould their goods to the kinge, whoe gave order they should com to his cittie of miaco to receave payment, but forestald them and sett upon them in their retorne and kild all that was in company, both duch, english, and japans their followers. but, as it is reported, walter carwarden was left abord the jonck and soe escaped; yet serche was made there for hym, and whether he be alive or dead, god he knoweth, or what parte of our comodetie was left abord the jonk, for out of dowbt walter was not left there for nothing. and amongst the rest they had a thousand _pezos_ in rialls of , which i am assured was not ashore. their cargezon did amount to above seaven hundred twentie and eight pownd str., as it cost first peny. it is thought that the kynge of cochinchina did this in revenge of som injuries offered hym per the duch certen yeares past. god grant walter may escape, and then i dowbt not but a good parte of our goodes will be retorned. also there is reportes that capt. chongros jonck is cast away in retornyng. and our host at langasaque is retorned from the phillipinas and bringeth newes that aboove seale of hollanders are com thether from the moloucas, amongst whome are or saile of english ships; but i canot beleeve that, except it be the _pearle_ or such lyke. yf this be true, out of dowbt it goeth ill with the spaniardes in the molucas. in my next i will advize yow more hereof. at present we are about preparing a ship or jonck to make a voyage for syam. and seeinge it hath pleased god to take away mr. peacock, of necessitie yow or my cuntreman mr. eaton must be emploied about that voyage. and the shipp will be ready to departe som monethes hence. * * * * * * cornelius, capt. browers kinsman, is slaine with their _jurebasso_; but adrian, beinge sent to an other place, is thought to be escaped. i shall not be quiet till i heare of walter. god grant he be escaped. and soe i rest allwayes your lovinge frend, ric. cocks. to his lovinge frend, mr. richard wickham, merchantt, deliver in edo. per john phebe. [ ] india office. _original correspondence_, vol. ii, no. . ------------------- richard cocks to the e. i. company.[ ] firando in japan, the th november, . right worshipfull,-- * * * * * * mr. wm. adames hath paid me twentie pownd str. your wor. lent his wife in england. he [paid] it presently after the _clove_ was gon. i find the man tractable and willing to doe your wor. the best service he may, and hath taken greate paines about the reparing our jonck called the _sea adventure_, otherwaies she wold not have byn ready to have made the syam voyage this yeare. he ha[th a] great desire to find out the norther passage for england from hence, and thinketh it an easie matter to be donne in respect the emperour of this place offreth his assistance. your wor. shall find me as willing as any man it shall please yow to employ in these partes to second hym. the emperour of japan hath banished all jesuistes, pristes, friers, and nuns out of all his domynions, som being gon for the phillippinas and the rest for amacou in china. yt is thought wars will ensue in japan betwixt the emperour and fidaia same, sonne to ticus same, the deceased emperour. * * * * * * we cannot per any meanes get trade as yet from tushma into corea, nether have them of tushma any other privelege but to enter into one littell towne (or fortresse), and in paine of death not to goe without the walles thereof to the landward; and yet the king of tushma is no subject to the emperour of japan. i am geven to understand that up in the cuntrey of corea they have greate citties and betwixt that and the sea mightie boggs, soe that no man can travell on horseback nor very hardlie on foote. but, for remedie against that, they have invented greate waggons or carts which goe upon broad flat whiles under seale, as shipps doe; soe that, observing monsons, they transport their goodes to and fro in thease sealing waggons. they have damasks, sattens, taffetes, and other silke stuffs made theare as well as in china. it is said that ticus same, otherwaies called quabicondono (the deceased emperour), did pretend to have convayed a greate armie in thease sealing waggons, to have assealed the emperour of china on a sudden in his greate cittie of paquin, where he is ordenarely rezident; but he was prevented by a corean noble man whoe poisoned hym selfe to poison the emperour and other greate men of japan; which is the occation that the japans have lost all that which som yeares past they had gotten pocession of in corea, etc. ric. cocks. [ ] india office. _original correspondence_, vol. ii, no. . ------------------- ralph coppindall to robert larkin and adam denton.[ ] firando in japan, le th of december, . loveing frendes,--wishing your welfare, etc. after a tedious passage and almost out of hope to obtaine my appointed porte (by reason of the latenes of the monsoone), it pleased god (praysed be his name) to bringe me, with men, shipp, and goodes, in safety unto firando upon the th september past, where i found captaine adames returned and his juncke in trimminge a new. he putt not into china, as was reported, but into the iland called leque grande, where he was indifferentlie entreated, but could not be suffered to repayre his junck as he desired, beinge forced onelie to stay for the monsone to bringe him backe againe hither. upon the th september i departed from hence towardes the emperours court with a present (which every shipp or juncke that cometh hither must of force performe), which with charges much surmounteth an indifferent custome, espetially when a shipp cometh with a small capitall, and sales soe base and slacke that nothinge is here to be expected but losse, except a trade be procured into china, the raw silkes of which cuntrey are alwaies here reddy mony and reasonable profitt. ether, i say, we must procure a peaceable trade in china, or elles, as the hollanders doe, to trade with them perforce. and, yf wee sett foote in the moluccoes, this place will be a fitt storehouse from whence we may alwaies have men, munition, and victualles good store and at reasonable rates; for which purpose principally the hollanders doe mentaine this factory. the portingalles are quite out of favour with the emperor. they attended daies at the emperors court to deliver theire present, which at last was recd., but none of them admitted to his presence. it is thought that they will com noe more hither with any greate shippes from amacon. certaine jesuites came out of nova espania in embassage unto the emperor, with a letter and a present from the king of spaine, which, after a moneth or weekes attendance, the emperor recd., but none of the embassadors admitted to his presence. all the answer to their embassage was, to gett them foorth of this cuntry with speede, upon paine of his displeasure. his cuntry is now in peace, for that the old emperor hath made an absolute conquest, haveinge driven the young king quite out of this cuntry and made away most of his principall partakers. * * * * * * capt. cock is of opinion that the ginghams, both white and browne, which yow sent will prove a good commodity in the kinge of shashma his cuntry, who is a kinge of certaine of the most westermost ilandes of japon, a man of greate power and hath conquered the ilandes called the leques, which not long since weare under the governement of china. leque grande yeeldeth greate store of amber greece of the best sorte, and will vent , or , (_sic_) ps. of course cloth, as dutties and such like, per annum. at my being at the emperor, i procured his letters unto the king of shashma, to graunt us as free liberties of trade in the leques and all other his dominions as we had in any other parte of japon; and in february mr. richard wickham is to goe thither, and (priviledges obtained accordinge to the emperors order) to remaine there. * * * * * * thus for present i committ yow and your affaires unto the protection of the almighty. your loveinge frend to commaund, raphe coppindall. yow are to note that the people of this cuntry doe not buy our sortes of india cloth soe much for necessity as for the new and strange fashions and painteinges thereof, being a people desireinge change; for they have greate store of silkes and linnen stuffes made here better and cheaper then we can afford our india cloth. soe that we must strive to procure strange sortes of cloth with strange painteinges every yeare; but such cloth as hath any redd painteinge will not sell here. the hollanders sell english broade cloth for and _tayes_ the _tattamy_, which is - / yardes at the leaste. the devell hawle some of them for theire paines. to his very loveinge frendes, mr. robert larkin and mr. adam denton, english merchantes, deliver in patania. per capt. adams, per way of syam, whom god preserve. [ ] india office. _original correspondence_, vol. iii, no. . ------------------- richard cocks to [john gourney].[ ] firando in japon, le th of december, . worshipfull,-- * * * * * * as i advised in my last the emperor did very gratiously accept of the present capt. coppendall carid up unto hym, as capt. adames can better enforme yow whoe was an eye witnesse, the emperour offring to geve us anything that might be for the benefit or good of our nation, esteeming us above all other christian nations whatsoever. and, as i advised yow, the hollanders took a portingale junck on this cost and brought her into firando. and the emperour hath alowed it for good prize, both men and goods, and that either we or they may take them or spaniardes at sea and make good purchesse thereof, except they have the emperours passe. also yow may understand how a shipp arived at quanto in japon this yeare, which came out of new spaine and brought good quantety of broad cloth, kersies, perpetuanos, and raz de millan, which they offer at a loe rate; but i thinke it is the last that ever will be brought from thence, for it is said the spaniardes made proclemation with drums at aguapulca and other partes that, upon payne of death, their should neaver any more japons com nor trade into new spayne, and that both they and all other strangers of what nation soever should forthwith avoid out of all partes of new spaine. but in requitall hereof the emperour of japon hath made proclemation, in payne of death, that neaver hereafter any japon shall trade or goe into new spaine, and comanded the fryres or padres which came in this shipp should avoid out of his dominions; for the truth is, he is noe frend nether to spaniardes nor portingalles. * * * * * * your loving frend at comand, ric. cocks. [ ] india office. _original correspondence_, vol. iii, no. . ------------------- richard cocks to the e. i. company.[ ] firando in japon, the th february, [ ]. right worshipfull,-- * * * * * * i know not whether it be come to your w[orp. to understand the] conclusion of these greate wars in japon [wherin fidaia] samme, the son of ticus samme, lost [his life, with the] slaughter of above , men which took his [parte. some] report he was burned in his castell, it being fired; others think he escaped and is in shashma or the liqueas. his mother cut her owne belly, and his littell childe was executed by comand from the emperour, as also all others were the lyke which were knowne to take parte with hym. and osakay and sackay, two greate citties, burned to the grownd, not soe much as one howse being saved; your worps. loosing goodes which were burned to the vallu of _ta._ _ma._ _condr._, as apeareth per acco. sent to capt. jno. jourden, your wor. agent at bantam. * * * * * * [and may it plea]se your worps. to understand that the last yeare [it was agreed for a certe]n italion marrener to goe in our junck for syam [whose name is] damian marina, and an other castalliano called jno. [de lievana] went with hym. which coming to the knowledg of the portingales and spaniardes at langasaque, that they had served the english, they laid handes on them and carid them presoners abord the great shipp of amacan. the which being made knowen unto me, i wrot a letter to the capitan major of the ship, willing hym to set them at liberty, for that they were not under his comand nor jurisdiction, but under the english; and to the lyke effect i wrot an other letter to gonrocq dono, cheefe governor at langasaque for the emperour; but had a scornfull answer from the portingale, and nothing but words from the japon. whereupon i got a letter testimoniall from the king of firando to the emperour, how these men were entertayned into service of the english; and mr. wm. adams being above with capt. ralph coppendalle to carry a [present to] the emperour, gave hym to understand of this matter, [and he gave] his command forthwith that the men should be [set at liberty] and all their goodes restored to them. which was [accordingly accomp]lished to the greate harts greefe both of [the spaniardes and port]ingale, they haveing condemned them both [to death] and sent pristes to confesse them and exhibited [articles] against them to gonrock dono, as against traitors [to their owne] cuntry and frendes to the english and hollanders their enemies. which processe the capt. major deliverd both in japons and portugese with his ferme at it; but that in portugese gonrocq dono sent to the king of firando, and he gave it unto me, which here inclozed i send unto your wor., together with his letter written to me, in which is manifested that they hould both english and duch for their enemies. but that which vexeth them the most is that the hollanders tooke a portingale junck on the cost of japon laden with ebony wood, the greatest parte, with tynne and serten bars of gould and much conservs. which junck with all that was in it, men and all, the emperour aloweth for good prize; and is [to] be thought that mr. wm. adames was a cheefe occation to move the emperour thereunto, he first asking mr. adames wherefore [there was] such hatred betwixt the spaniardes and hollanders, for [that it w]as tould hym their princese and governors were [frendes in all] other partes of the world, and that it seemed strange [to hym that they] should be enemies heare. unto which mr. adames answerd that it was true they [had been] frendes of late yeares per meanes of the kinge [of england] and other potentates; but yet, notwithstanding, [the kinge of] spaine did think hym selfe to have more right [in these] partes of the world then any other christian prince, by [reason] of the footing he had gotten in the phillippinas and in other partes of the indies, and therefor per force ment to keepe all other nations from trading into these partes. unto which the emperour replied and said, the spaniard had no reason, and therefore, seeing it was a differance or dispute amongst us which were all strangers, he would not make nor meddell in the matter, but leave it to their princes to decide at home. "but," said he, "what is the occation they take men as well as goods?" "because (said mr. adames) the spaniardes take the hollanders and have or of them presoners in the phillipi[nas, for] which occation the hollanders doe use the lyke [towards] their people, man for man and goodes for goodes." [unto which] the emperour answerd that they had [reason]. * * * * * * [mr. adames tould me that the] emperour gave hym councell not [to seale in japon] joncks on noe voyage, but rather stay in [japon, and that] yf the stipend he had geven hym were not [enough] he would geve hym more. but he answerd his [word was] passed, and therefore, yf he performed not his w[ord, it would] be a dishonor unto hym. yet truly, at his retorne to firando, i offred to have quit hym of his promis and to have sent hym to edo to be neare the emperour upon all occations. yet would he not be perswaded thereunto. but the emperour esteemeth hym much, and he may goe and speake with hym at all tymes, when kyngs and princes are kept out. mr. adames tould me his tyme of serveing your wor. yeares at one hundred powndes or _tais_ per anno. was out before he went towardes syam; yet would he receave no pay till his retorne, willing me to certifie your wor. that he thought _l._ very littell, and would be loth to engage hym selfe any more at that rate, [and] willed me to desyre your wor. to let his wife have [ or powndes] str. to supplie her wantes of her selfe and childe, y[f there were any] need, and he would see it repaid heare againe. * * * * * * [and may it pleas]e your wor. to understand that the emperour [hath commanded] all the _tonos_ (or kinges) of japon to com to his [court and] bring their wives (or queenes) with them, for [to remaine the]are the space of yeares. he will no [char]ges of sonns, doughters, or kynred, but they them selves and their queenes with them, and each one to keepe howse by hym selfe and have a servant of the emperour allwaies neare them to understand what passeth. he aledgeth it is for their goods he doth it, to keepe japon in quiet, which otherwais would still be in broyles. soe now all the kinges and queenes of japon are bound prentis to the emperour for yeares, and this _tono_ of firando departed from hence towardes the court daies past, he being a bachelar, the emperour haveing promised hym to geve hym his brothers doughter to wife. * * * * * * your worshipps most humble at command, ric. cocks. [ ] india office. _original correspondence_, vol. iii, no. . ------------------- richard wickham to richard cocks.[ ] (_extract._) meaco, le th may, . many report that the emperor is dead, but the report from most of credit saye he is recovered and in resonabel good health. he hath bestowed great presents upon the chefe nobylity whome he hath despatched very honorably for theyr contery. shimash dono came yesterday to fuxame, and will be imbarked within this daies at furdest from osacay. frushma tayo dono came to meaco dayes since, having leave to goe for his contery after yeares attendance at the court. he is much honored heare in these parts. shongo sama is departed from serongaue dayes since for eado, and it is said that he will come and visit his douory in meaco in june or july next. during the emperors sicknes he caused his chefe phesition to be cut in peces for telling him, being asked by the emperor why he could not soner cure him, that in regard he was an ould man his medesen could not worke so efectualy upon his body as apon a yong man. wheareupon without saying any more to him commanded cogioodon to cause him to be bound and cut in peces. upon the which ximas dono sent him his phesition, the china, who did him much good, as it is reported; which maketh me thinck that the emperor is living by reason ximas dono his peopell doe report. you may be sure the china would not kepe any such secret from his master ximas dono, yet nether ximas dono nor tozo dono nor any nobel man since the going up hath sene the emperor, nether of his counsell hath any this many dayes bene admited to his presents, there being none but cogi dono, weomen, and phesitions sufered to com in his sight, which maketh many to suspect that he is dead, as they saye it is the maner to conceale the death of the emperor a whole yeare or more before it be knowne publik. [ ] india office. _miscellaneous records_, t. c., no. . ------------------- richard cocks to the e. i. company.[ ] firando in japon, le th january, [ ]. right worshipfull,-- * * * * * * may it please your wors. to understand that, these shipps [the _thomas_ and the _advice_] being arived at firando in japon and mr. jno. baylie being very sick, wherof he shortly after died, it was generally thought fit that i made a journey to the court of the new emperour shungo samme, to renew our privelegese (as the hollanders ment to do the lyke), in which voyage i was monethes and daies before i retorned to firando, and the hollanders are not yet retorned. yet the th day after i arived at court our present was deliverd, and had audience with many favorable wordes, but could not get my dispach in above a month after; so that once i thought we should have lost all our privelegese, for the councell sent unto us i think above twenty tymes to know whether the english nation were christians or no. i answerd we were, and that they knew that before by our kinges maties. letter sent to the emperour his father (and hym selfe), wherein it apeared he was defender of the christian faith. "but", said they, "are not the jesuists and fryres christians two?" unto which i answerd they were, but not such as we were, for that all jesuists and fryres were banished out of england before i was borne, the english nation not houlding with the pope nor his doctryne, whose followers these padres (as they cald them) weare. yt is strang to see how often they sent to me about this matter, and in the end gave us waynyng that we did not comunecate, confesse, nor baptiz with them, for then they should hold us to be all of one sect. unto which i replied that their honours needed not to stand in dowbt of any such matter, for that was not the custom of our nation. soe, in the end, they gave me our new privelegese with the emperours ferme, telling me they were conformable to the former. so herewith i departed, and, being daies journey on my way, met an expres from mr. wickham, wherin he wrot me from miaco that the justice (per the emperours comand) had geven order that all strangers should be sent downe to firando or langasaque, and forthwith departe and carry all their merchandiz with them and not stay to sell any, so that he was forced to keepe within howse, and our hostes durst sell nothing. which news from mr. wickham seemed very strang unto me. whereupon i sought one to read over our privelegise, which with much a do at last i fownd a _boz_ (or pagon prist) which did it, and was that we were restrayned to have our shiping to goe to no other place in japon but firando, and there to make sales. whereupon i retorned back againe to the court, where i staid or daies more, still suing and puting up suplecations to have our privelegese enlarged as before, aledging that yf it were not soe, that my soveraigne lord king james would think it to be our misbehaviours that cauced our privelegese to be taken from us, they having so lately before byn geven us by his matis. father of famous memory, and that it stood me upon as much as my life was worth to get it amended, otherwais i knew not how to shew my face in england. yet, for all this, i could get nothing but wordes. whereupon i desyred to have the ould privelegese retorned and to render back the new, with condition they would geve us yeares respite to write into england and have answer whether our kinges matie. would be content our privelegese should be so shortned or no. yet they would not grant me that. and then i desird we might have leave to sell such merchandiz as we had now at miaco, osakay, sackay, and edo; otherwais i knew not what to do, in respect firando was but a fysher towne, haveing no marchantes dwelling in it, and that it was tyme now to send back our shipps and junckes, and nothing yet sould. yet this i could not have granted nether. so that with much a doe in the end they gave me leave, as i past, to sell my goodes to any one would presently buy it, or else leave it to be sould with any japon i thought good to trust with it. which restrant hath much hindered our sales and put me to my shiftes, the rather for that the order of japon is that no stranger may sell any thing at arivall of their shipps till it be knowne what the emperour will take; so that it is allwais above a month or wickes before a post can run to and fro to have lycence. and at my coming away oyen dono and codsquin dono, the emperours secretarys, tould me that they were sory they could not remedy this matter of our privelegese at present, the reason being for that an emperours edict per act of parliament being soe lately set out could not so sowne be recalled without scandalle, but the next yeare, yf i renewed my sute, my demandes being so substantiated, they did verely think it might be amended, in respect firando was well knowne to be but a fisher towne. so that i aledged the emperour might as well take away all our privelegese and banish us out of japon as to shut us up in such a corner as firando, where no marchantes dwell. but i hope the next yeare, when generall keeling cometh, it may be amended; otherwais i feare me our japon trade will not be worth the looking after. and it is to be noted that at my retorne to miaco, haveing donne such busynes as i had theare, i would have left richard hudson, a boy, your wor. servant, to have learnd to write the japans; but might not be suffered to doe it, the emperour haveing geven order to the contrary. soe we withdrew all our factors from edo, miaco, osakay, and sackay to firando. the fathers which came in the shipp from aguapulca brought a present from the king of spaine to the emperour; but, after he had kept it halfe a yeare, he retorned it back, not reserving any thing, but bad them be gon. and i had allmost forgotten to adviz your wors. of a spaniard, which was at the emperours court at edo when i was theare. he went out of a ship of theirs from xaxma, where greate shipps of theirs arived out of new spaine, bound, as they said, for the phillippinas, but driven into that place per contrary wynd, both shipps being full of souldiers, with greate store of treasure, as it is said, above millions of _pezos_. soe they sent this man to kis the emperours hand; but he never might be suffered to com in his sight, allthough he staid theare above a month; which vexed hym to see we had axcesse to the emperour and he could not. so that he gave it out that our shipps and the hollanders which were at firando had taken and robbed all the china juncks, which was the occation that very few or non came into japon this yeare. and som greate men in the court did not want to aske me the question whether it were true or no, mr. wm. adames being present. which we gave them to understand that, concernynge the englishe, it was most falce. and withall i enformed the two secretaries, oyen dono and codsquin dono, that, yf they lookt out well about these spanish shipps arived in xaxma full of men and treasure, they would fynd that they were sent of purpose by the king of spaine, haveing knowledg of the death of the ould emperour, thinking som papisticall tono might rise and rebell and so draw all the papistes to flock to them and take part, by which meanes they might on a sudden seaz upon som strong place and keepe it till more succors came, they not wanting money nor men for thackomplishing such a strattagim. which speeches of myne wrought so far that the emperour sent to stay them, and, had not the greate shipp cut her cable in the howse so to escape, she had byn arested, yet with her hast she left som of her men behind; and the other shipp being of som tons was cast away in a storme and driven on shore, but all the people saved. so in this sort i crid quittance with the spaniardes for geveing out falce reportes of us, yet since verely thought to be true which i reported of them. also may it please your wors. that, at our being at themperours court, the amerall of the sea was very ernest with mr. wm. adames to have byn pilot of a voyage they pretended to the northward to make conquest of certen ilands, as he said, rich in gould; but mr. adames exskewced hym selfe in that he was in your wors. service and soe put hym afe. and as i am enformed, they verely think that our pretence to discover to the northward is to fynd out som such rich ilandes and not for any passage. yet i tould the admerall to the contrary, and tould hym that my opinion was he might doe better to put it into the emperours mynd to make a conquest of the manillias and drive those small crew of spaniardes from thence, it being so neare unto japon; they haveing conquered the liqueas allready. he was not unwilling to listen heareunto, and said he would comunecate the matter to the emperour. and out of dowbt yt would be an easy matter for the emperour to doe it, yf he take it in hand, and a good occation to set the japons heades awork, to put the remembrance of ticus samme and his sonne fidaia samme, so lately slaine and disinhereted, out of their minds. and tuching my former opinion of procuring trade into china, i am still of the same mynd. and, had it not byn for the greate wars betwixt the tartars and them the last yeare, which cauced the emperour of china to goe into the northermost partes of his kyngdom to withstand them, otherwais we had had news of entrance before now. yet, notwithstanding, the chinas which have the matter in hand have sent an expres about it againe, and caused two letters to be written in china (as from me) with my ferme at them, with two others in english from me to same effect, only for fation sake, because they might see my ferme was all one, the one letter being directed: to the mighty and powrefull lord fiokew, secretary of estate to the high and mightie prince, the emperour of china, manifesting that i had geven two hundred _tais_ to the bearer thereof, his lo. servant, to buy hym necessaries in the way, hoping to receve som good news shortly from his lo. of our entrance into china, with other complementall wordes, as the chinas wisht me put downe. and the other letter was directed: to the greate and powrefull lord ticham shafno, councellor of estate to the high and mighty prince, the emperour of china, also making relasion of ten greate bars oban gould, amonting to _tais_ japon plate, deliverd to the said bearer to carry to hym as a toaken or small remembrance of my good will, hoping to heare som good news from hym, as in the other. but both the bars gould and _tais_ silver are sent from the china capt. to them, yet put downe in my name, as yf it came from me. in fine, these chinas tell me that undowbtedly it will take effect, and the sowner yf the portingales be sent from macau this yeare, as they have adviz they shall. but, howsoever, these men follow the matter hardly, and tell me that the emperour of china hath sent espies into all partes where the spaniardes, portingales, hollanders, and we do trade, in these partes of the world, only to see our behaveours on towardes an other, as also how we behave our selves towardes strangers, especially towardes chinas. and som have byn in this place and brought by our frendes to the english howse, where i used them in the best sort i could, as i have advized to bantam, pattania, and syam to doe the lyke to all chinas. * * * * * * also may it please your worships to understand that, since my retorne from the japon cort, there came a mestisa indian to me, which went to cochinchina from japon in the same junck which mr. peacock and walter carwarden went in, and sayeth the reportes are falce which are geven out against mr. peacockes host, that he set upon hym in the way to slay hym and the duch, but rather that the matter hapned by meare chance, his said host being in the boate with hym when it was overthrowne, and escaped hardly ashore with swyming, being taken up halfe dead and hardly recovered health in a moneth after; and that mr. peacock carid or r. of along with hym in his pocket, which was the occation of his drownyng, as apeard som dayes after when his body was fownd per walter carwarden (this mestisa accompanying hym) whoe fownd the said r. in his pocket, and after gave his body buriall. and that walter carwarden staid in cochinchina above a month after, before he imbarked hym selfe to retorne for japon, the monson being past. so that, mr. peacock being dead and walter carwarden gon without going up to the court to receave the monies which the kyng owed for merchandiz bought, that the kyng took occation to write safian dono, governor at langasaque under the emperour of japon, to signefie unto hym of the death of the one englishman and departure of the other, so that, yf an englishman would com and receve the money he owed, he was ready to pay it. but the junck which brought that letter for safian dono was cast away, as well as that wherin water carwarden came, so that we never heard news of them. the boate wherein mr. peacock and the hollanders were in was overset, or rather steamed, by another bigger boate runing against them on a sudden in turnyng at a corner, the other coming on a sudden upon them from behind a point of land, being under seale and haveing the currant with her; so that they had no meanes to avoid them, but were presently sunck downe and, the currant being swift, very few were saved, his host, a japon, being one. i did what i could at my being at edo to have procured the emperours letter to the kyng of cochinchina in our behalfe, to have had restetution of such marchandiz he had bought, in respect we lived in japon under his protection and that our goodes went in a japon junck under his chape or pase; yet, doe what i could, he denid his letter, saying he would not medell in other mens matters, nether be behoulden to the king of cochinchina for it. but now, coming to knowledg of these matters and seeing capt. adames to have bought a junck, going hym selfe for pilot in her, i have written to safian dono to let us have his letter of favour to the king of cochinchina, to send som small adventure with hym. and edmond sayer is very desirous to goe along with mr. wm. adames; but as yet the adventure is not determined upon. god send it good suckcesse. * * * * * * i receved a box by the _adviz_ with a certen roote in it, which came from cape bona speranza; but it proveth here worth nothing, it being dried that no substance remeaneth in it. herewithall i send your wors. som of it, with an other peece of that which is good and cometh out of corea. it is heare worth the wight in silver, but very littell to be had in comune mens handes, for that all is taken up for the emperour by the kyng of tushma, whome only hath lycense to trade with the coreans, and all the tribute he payeth to the emperour is of this rowte. yt is helde heare for the most pretious thing for phisick that is in the world, and (as they thinke) is suffitient to put lyfe into any man, yf he can but draw breath; yet must be used in measure, or else it is hurtfull. * * * * * * the china captens which labour to get us entrance into china doe tell me that your wors. canot send a more pretiouser thing to present the emperour of china withall then a tree of currall, ether white or red. they say the portingales of macau gave a white corrall tree to the emperour of china many yeares past, which he doth esteem one of the ruchest jewells he hath. also they say that earelings or jewelles to hang in hattes, that are greate pearls and of an orient culler, are esteemed much in china. and som very greate looking glasses and fyne semian chowters and white baftas are good for presentes, with som guns well damasked, but not soe hevie as these are which ordenarely are sent; and som dagges or pistalls, som short and others more longer. the three peeces currall your wors. sent for a triall were disposed of as followeth, viz. branch containing _ta._ _ma._ _co._, and branch containing _ma._ _co._, both geven the emperour in his present; branch containing _ta._ _co._, sould for ten _tais_ two _mas_ plate. but yf much com it will not sell at that rate. the biger the peces or branches are, and of a red culler well polished, are most in esteem; for they make buttens or knots of them to hange their purces at. * * * * * * i know not what else to write, but that my greatest sorrow is i lye in a place which hitherto hath byn chargable and not benefitiall to your wors., by reasons of the presentes contynewally geven, it being the fation of the contrey, or else there is noe staying for us yf we doe not as other strangers doe. and were it not for the hope of trade into china, or for procuring som benefit from syam, pattania, and (it may be) from cochinchina trade, it were noe staying in japon. yet it is certen here is silver enough, and may be carried out at pleasure; but then must we bring them comodeties to ther lyking, as the chinas, portingales, and spaniardes doe, which is raw silke and silke stuffs, with syam sapon and skins; and that is allwais ready money, as price goeth, littell more or lesse. * * * * * * and soe i take my leave, commiting your wors. with your affares to the holy protection of the allmighty, resting allwais your worps. most humble at command, ric. cocks. [ ] india office. _original correspondence_, vol. iii, no. . ------------------- richard cocks to the e. i. company.[ ] firando in japon, le th of january, [ ]. right worll. ser and sers,-- * * * * * * as tuching the discovery to be made from hence to the northward, to seeke for passage into england, there was noe mention thereof made in our former previleges, that the emperour offered (or promised) to assist us therein, nether would they now put in any such matter. so that, to say the truth, yf we goe about to take such a matter in hand, i know not well whether the japons will assist us or no. yet know i nothing to the contrary but they will. the coppie of our previlegese (as we have them now) i send yow here inclozed, i geting them translated my selfe by a learned _boz_, haveing two _juribassos_ with capt. adames to assist me at doeing thereof. * * * * * * your wors. most humble at command, ric. cocks. [ ] india office. _original correspondence_, vol. iv, no. . ------------------- _coppie of the articles (or previleges) granted to the english nation by_ shongo samme, _emperour of japon_.[ ] be yt knowne unto all men that the english nation throughout all japon, in what part thereof soever they arive with their shipping, shall, with all convenyent speed they can, retyre to the towne (and port) of firando, there to make sale of their marchandiz, defending all other places and partes whatsoever in japon not to receave any of their goodes nor merchandiz ashore, but at firando only. . but yf it fortune through contrary wyndes (or bad wether) their shiping arive in any other port in japon, that they shalbe frendly used in paying for what they take (or buy), without exacting any ancoradge, custom, or other extraordenary matters whatsoever. . that yf the emperour needeth any thing their shiping bringeth, that it shall be reserved for hym in paying the worth therof. . that noe man force (or constraine) thenglish to buy nor sell with them, nether thenglish the like with the japons, but that both parties deale the one with the other in frendly sort. . that yf any of the english nation chance to die in any part of japon, that the good, monies, and marchandiz, or whatsoever else is found to be in his custody at the hower of his death shall be helde to be or belong to hym (or them) unto whome the capt. or cape merchant of thenglish nation sayeth it belongeth unto. . that yf there be any difference or controvercy (be it of life and death or otherwais) amongst the english abord their shipps or aland, yt shall be at the disposing of the capt. or cape merchant to make an end thereof, without that any other justice in japon shall tuch them or meddell in the matter. . the conclusion is, to comand all _tonos_ (or kinges), governors, and other offecers in japon whatsoever to se the premesies afforsaid accomplished. [ ] india office. _original correspondence_, vol. iv, no. a. ------------------- richard cocks to william nealson and john osterwick.[ ] fushamy in japon, le th of september, . loving frendes,-- my last unto yow was of the th present from miaco, advising yow of my arivall theare. and yistarday we came from thence to this place of fushamy, to which place capt. adames came to us. the coreans have byn royally receaved in all places wheare they came, by comandment from themperour. and, as we entred into miaco, they took us to be coreans, and therefore in greate hast, as we passed, strawed the streetes with sand and gravill, multetudes of people thrunging in to see us. i stand in greate hope we shall get our priveleges enlarged as before, and all thinges to content. but i canot write yow the truth thereof till i know how it will passe. only this encuradgement i have from oyen donos secretary, whoe heareth how matters are lyke to passe. yf themperour enlarge our privelegese, i will forthwith send for our comodetis, as silk, wood, skins, cloth, quicksilver, etc. the hollandars setting their syam lead at - / , the emperour hath refuced it and will not meddell with it, but take all ours. the hollandars have made a greate complaint against the _tono_ of firando of their bad usage donne by the mouth of jno. yoossen, seting hym at nought, not soe much as going to vizet hym. and, as it seemeth, he stood in dowbt we would have don the like; yet, upon good considerations, i have thought fit to proceead in an other fation, not dowbting but i shall have better justis at firando then heretofore. keepe all these matters to your selfe, and, when i heare more, i will adviz yow from tyme to tyme and retorne with as much speed as possibly i may; and soe in hast comyt yow to god, resting your loving frend, ric. cocks. this day we delivered our present to themperour, which was well accepted of with a cherefull countenance. yt is said that to morrow the _dyrie_ ys to geve the title to themperour which he soe much desyreth. [ ] british museum. _cotton charter_, iii, , f. . ------------------- richard cocks to william nealson and john osterwick.[ ] fushamy in japon, le th of september, . loving frendes,-- many letters have i written since my departure from firando, but never receved any from yow, but them two which yow wrot me daies after i departed from thence of arivall of _sea adventure_ at tushma. soe that, the wynd having byn good ever since, i marvell i have not heard from yow. we have donne what we can both by word of mouth as also with supplecation (or writing) to have had our previlegese enlarged, and the rather by meanes of the kinges maties. letter sent themperour. but in the end are forced to content us with them as they were, that is, only for firando and langasaque. and because i was ernest to have had it otherwais, the councell took the matter in snuffe, esteeming it a presumption in me to aske lardger previlegese then all other strangers had. so then i desird they would write a letter to the kinges matie. of england, for my discharge, to show thoccation wherefore they did it. but that they denid to doe, telling me that we might content our selves with such composition as other men had, or, yf we did not lyke it, might retorne to our cuntrey yf we pleased. so now i stay only to get out our two _goshons_ for syam and cochinchina, and to get a dispach from themperour, which will be or daies before i think it will be ended. and then will i goe for miaco to se yf we can doe any good for sales. and then will i for osakay and sackay and look out for the like, to se if i can procure plate to bring downe with me; otherwais it will be late to send it per the shipp. i think it will be or daies hence before i shall be ready to set from osakay towardes firando. so that, in the meane tyme, use your best endevour to make sales of such merchandiz as are belo; and stand not upon small matters to make ready money. yt were good, yf yow can, to receve the lead money in melted or _somo_ plate, donne by a rendador, with themperours stampe upon it, for then will it passe in saffetie. or yt were better yf yow could get it molten into bars lyke tyn bars, but of halfe the length, and of the just goodnes with rialles of eight; for soe am i advised from bantam. i went thother day to miaco to have vizeted the corean embassadors with a present; but the _tono_ of tushma would not let me have accesse unto them. so i turned back to fushamy. the _tono_ of xaxma, with them of goto and umbra, had leave to retorne to their cuntres or daies past; but the _tono_ of firando cannot be permitted as yet, although he be very ill at ease. the ould _dire_ died som or daies past. but nether he nor his sonne, which now is _daire_, will geve themperour the name or title he soe much desireth; which geveth hym much discontent, as also the death of one of his sisters whoe was marid to a greate man not far from hence and died the other day. the castell of osakay must be new builded, with a pagod neare unto sackay, which weare destroied in these last wars; and all at themperours owne cost. only the westarne _tonos_ must furnish men; but themperour will pay them, and not put any enhabetant to trowble about the doing thereof. themperour hath geven greate presentes to the coreans, as all the greate _tonos_ of japon have donne the like; but for what occation i am not certen. this is all i know for the present; and so comit yow to god, resting allwais your loving frend, ric. cocks. for god sake take heed of fire; and forget not my pigions and fishes. comend me to all our frendes, both hees and howes. to his lovinge frendes, mr. wm. nealson and mr. john osterwick, english merchantes, deliver in firando. from fushamy. pay port. one _mas_ for letter and for other matters, as per adviz. [ ] british museum. _cotton charter_, iii, , f. . ------------------- richard cocks to william nealson and john osterwick.[ ] fushamy in japon, le th of october, . loving frendes,-- yow will not beleeve what a trowble we have had about our previlegese, and with much ado yistarday got langasaque set in as well as firando, and soe sealed per themperour. but, before it could be delivered, som took acceptions thereat, and so langasaque is razed out againe, and matters remeane as before. yet this morning i have sent capt. adames againe to get goto and shashma put in for shiping that, yf in case the _tono_ of firando abuse us, we may have a retiring place, as also to abcent our selves from the hollanders, it not being to our content to live together. but whether they will grant this or no, i know not. once we are put to hodgsons choise[ ] to take such previlegese as they will geve us, or else goe without. my dowbt is, they will drive us affe till the emperour be gon (whoe they say will departe to morrow), so thinking to make us follow them to edo; but truly i will rather leave all and retorne for firando. i doe protest unto yow i am sick to see their proceadinges, and canot eate a bit of meate that doth me good, but cast it up as sowne as i have eaten it. god send me well once out of this cuntrey, yf it be his blessed will. mr. wickham and capt. adames are not halfe currant neather, as also our folkes which came with us have byn sick, except fatchman, richard king haveing had his part. kept till the th ditto. yisternight came your letters dated in firando the th and th ultimo, accompanid with the _goshon_, which came in good tyme (i instantly sending it to the cort where there was much enquiring for it). soe we gott out our _goshons_, but the privelegese as they were the last yeare. warry, warry, warry! your loving frend, ric. cocks. god grant tozayemon dono do not play the jemeny with us in buying much of our merchandiz and stay there till he think i am com from hence, and so i shall nether meete hym heare nor theare, to make acco. with hym. i have the lyke dowbt of neyemon dono. to his lovinge frendes, mr. wm. nealson and mr. jno. osterwick, english merchantes, deliver in firando. from fushamy. [ ] british museum. _cotton charter_, iii, , f. . [ ] this early use of the proverbial "hobson's choice" is almost conclusive against the usual explanation of the phrase, that it was derived from the method adopted by hobson, the cambridge carrier, in serving his customers with horses. hobson was born in and died in . granting that the expression arose during his life-time, it could hardly have begun to pass into common usage before the close of the sixteenth century; and in those days such popular phrases were not communicated so fast as in ours. but here we find cocks using it as early as , after an absence of some years from england; and he would hardly have picked it up abroad. again, cocks was not a young man; and, as a rule, proverbs are learned and become part of our vocabulary in youth. "hobson's choice" (or hodgson's, as cocks writes it) may very well have been an older popular saying which was applied to the cambridge carrier's stable arrangements from the mere accident of his bearing the name he did. ------------------- richard cocks to the e. i. company.[ ] firando in japon, the th of february, [ ]. right worll. ser and sers,-- * * * * * * consernyng attempting trade into cochinchina, yt was generally agreed upon the last yeare, as i advized your wor. in my letter; ed. sayer being sent upon that busynes, and went in a junck of mr. wm. adames, he being both master and owner, and was to pay for fraight and passage as other men did and according to the custom of the cuntrey, and carid a cargezon goodes with hym. * * * * * * edmond sayer retorned ... having donne his best endevour, with the assistance of mr. wm. adames, to learne out the truth of mr. peacockes death. and fynd that he was murthered by a japon, his host, with the consent of one or two of the cheefest men about the kyng, and, as it is said, the yong prince was of their councell, but the ould kyng knoweth nothing thereof but that he was cast away by mere chance or misfortune. these greate men and his host shared all the goodes and money amongst them, as well of the hollanders as thenglish whome were slaine all together in one small boate, it being steamed or oversett with a greater full of armed men. they are enformed that mr. peacockes ill behaveor was partly occation; for at first the king used hym kyndly and gave us larg previlegese to trade in his domynions. and one day a greate man envited hym to dyner, and sent his cheefe page to conduct hym, he being sonne to a greate man. but he coming into the place wheare mr. peacock sate, he gave hym [hard] wordes and bad hym goe out and sit with the boyes. and, as som say, being in drink, he tore the previlegese the king had geven hym for free trade and cast the peeces under his feete. these and other matters (which is reported he did) did much estrang the peoples hartes from hym, and, as it was thought by som whome saw how matters went, was the cheefe occation which caused his death. mr. adames and ed. sayer were very ernest to have had speech with the kyng, which at first that greate nobelman was contented, as it seemed. but, when he knew they would bring in question the murthering of mr. peacock (he being giltie of it), he put them affe from tyme to tyme with delaies, and in the end did flatly gainsay them. and, had they gone, out of dowbt they had byn murthered in the way. * * * * * * i am of your wor. opinion that, except we procure trade into china, it will not quite cost to mentayne a factory in japon.... i have this yeare byn againe at themperours court, in company of mr. wickham and mr. wm. adames, hoping to have got our previlegese enlarged, as codsquin dono and oyen dono did put me in hope the last yeare.... we gave the present to themperour as from his matie., and amongst the rest went a scritorio sent in adventure from my lady smith, esteemed at markes, with the gloves, mittens, looking glasse and other silver implementes in it, with an other present aparte for the shipp, as the japon custom is. which presentes were taken in good sort, with many complementall wordes; but in the end were answered we had as larg prevelegese as any other strangers, wherewith we might rest contented, or, yf we fownd not trade to our content, we might departe when we pleased and seeke better in an other place. so then i desird i might have an answer to the letter he had receved from the kinges matie. of england, wherby he might perceve i had delivered both letter and present. but answer was made me, the letter was sent to his father, ogosho samma, the deceased emperor, and therefore held ominios amongst the japons to answer to dead mens letters. i aledged they needed not to feare that we had any accoyntance with the pristes or padres; but they tould me that was all one, the emperour would have his owne vassales to get the benefite to bring up merchandize rather then strangers. so that now it has com to passe, which before i feared, that a company of rich usurers have gotten this sentence against us, and com downe together every yeare to langasaque and this place, and have allwais byn accustomed to buy by the _pancado_ (as they call it), or whole sale, all the goodes which came in the carick from amacau, the portingales having no prevelegese as we have, but only a monson trade, and therefore must of necessety sell. * * * * * * the chinas of late tyme, within these or yeares, have begun a trade into certen ilandes called by them tacca sanga, and is named in our sea cardes isla fermosa, neare to the cost of china. the place the shiping enters into is called las islas piscadores, but non but small shiping can enter, nether will they suffer any shiping or trade with any people but chinas. it is within leagues (as they say) of the meane of china, soe that they make or voyages in small shipping each monson. andrea dittis and capt. whow, his brother, are the greatest adventurers for that place. they sent small junckes the last yeare, and bought silke for the one halfe they pay ether at cochinchina or bantam. the reason was the greate aboundance which came together this yeare and the littell money that was sent to buy, so that above one halfe was retorned into china for want of money, for they say the people are barbarous and have not the use of silver. * * * * * * i have rec. letters from the kynges matie. to the king of china, sent from bantam by mr. ball, the one in frendly sort and the other som stricter termes. mr. ball writes me that no chinas at bantam dare nether translate them nor carry them when they are translated, upon payne of their lives and even of all their generation. but these our china frendes, dittis and whaw, will not only translate them, but send them by such as will see them delivered. but their opinion is, yt is not good to send the thretnyng letter, for they are assured there will nothing be donne with the king by force. but as we have a good name geven of us of late, that we are peacable people, soe to goe forward still in that sort. * * * * * * i had almost [forgotten to tell your wor. of the coming of the] ambassadors from the kyng of corea to the emperour of japon, having above men attending upon them. they went up at same tyme i went to themperours court, and were, by the emperours comand, royally entertaind by all the _tonos_ (or kinges of japon) thorow whose terretories they passed, and all at the japons charge, they first begyning with the _tono_ of tushma, and next with hym of firando, etc.; and coming to the court the emperour made them to dyne at his owne table, they being served by all the _tonos_ (or kinges) of japon, every one having a head attire of a redish culler with a littell mark of silver lyke a fether in it. mr. adames was in presence and saw it. * * * * * * your wor. most humble at command, ric. cocks. to the right worll. the governor, deputy committies, and generallety of the east india company, deliver in london. [ ] india office. _original correspondence_, vol. v, no. . ------------------- richard cocks to william nealson and john osterwick.[ ] langasaque in japon, this th of february, [ ]. loving frendes,-- we arrived heare yisternight an hower before sunne seting, capt. adames being arived the day before and came out and met us with the china capt., all the china junckes haveing out their flagges and stremars, with st. george amongst the rest, and shott affe above chambers and peeces of ordinance at my arivall. i wish i had had noe _goshon_, for the trowble and vexation it puteth me unto, and know not how to remedy it. yet now it is concluded that our _goshon_ shall goe in that new junck at firando, and capt. adames goeth capt. and pilot in her, for tonkyne. i have much speeches heare betwixt alvaro munos and jorge durons about the caffro; but alvaro munos standeth stiffly to it that it is the same caffro, and jorge durons saieth it is an other. i have delivered mr. nealsons letter to jorge, and in the end the truth will com out. i know not what else to write, but leave yow to the protection of thallmightie, resting your loving frend, ric. cocks. to his loving frendes, mr. wm. nealson and mr. jno. osterwick, english merchantes, deliver in firando. from langasaque. [ ] british museum. _cotton charter_, iii, , f. . ------------------- richard cocks to john osterwick.[ ] nangasaque in japon, the th of february, [ ]. loving frend, mr. osterwick,-- the next day after our departure from firando, being the xvjth currant, we arived at nangasaque, having, the day before, mett with a bark of firando, which brought me a letter from mr. eaton and therinclozed an other from yow. my letter i opened and read over, and afterwardes sent it, with a few allmondes for mr. nealson, and your letter with it, per the same partie and bark which brought it, to the intent yow both might read it over and see the contentes. yet i think it will not prove soe dangerous a matter as at the reading of the letter i suppozed it would have byn, for humors now and then are over much predomenant in som men; but, as the saying is, _nemo sine crimene vivet_. you must pardon me, yf i speak falce latten. yistarday we sett our junckes mastes, and i hope will not now be long before she will be ready. we fynd her to be biggar of stoadg then we formerly expected. i have byn with capt. adames at gonrok dono, and in thend concluded the price of our lead at - / _tais_ the _pico_. but gonrok will first speake with themperours _bongews_ or councellors thereof, and, in the meane tyme, will deliver us eight hundred _taies_ in parte of payment, and will send a man to way out all the lead, and leave it in our howse till order com downe to take it and pay the rest of the money. and, as gonrok tells me, the hollanders have made prise at _taies pico_, and waid it all and delivered it into the handes of the king of firando. but i esteem this but a tale. and so i comit yow to thallmightie, resting your loving frend, ric. cocks. to his loving frend, mr. wm. nealson, english merchant, deliver in firando. from nangasaque. this letter should be derected mr. jno. osterwick, etc. [ ] british museum. _cotton charter_, iii, , f. . ------------------- richard cocks to the e. i. company.[ ] nangasaque in japon, the th of marche, [ ]. right worll. ser and sers,-- after my humble dutie remembred, may it please yow to understand that, by the indirect dealinges and unlooked for proceadinges of the hollanders, this is the therd yeare since we hadd any shipping came from england or bantam to japan. neather in all this tyme have we had any conveance to enforme your worshipps of the manifold abuses offered unto us within these kingdoms of japon, notwithstanding the lardge prevelegese we have from the emperour that the japons them selves may not meddell with us. yet these hollanders have, by sound of trumpet abord all their shipps in the harbour of firando, procleamed open warrs against our english nation, both by sea and land, with fire and sworde, to take our shipps and goods and destroy our persons to the uttermost of their power, as to their mortall enemies. and their cheefe comander which came hither last, called adam westerwood, sett my life at sale, offering r. of to any man that could kill me, and r. for each other englishman they could kill; which their proceadinges could not be soe secretly donne, but i hadd dailie notis thereof by som of their owne people, although they were comanded upon payne of death to the contrary. and because your wors. shall understand all how it hath passed, it is as hereafter followeth, viz.:-- after that the comander (as they call hym), jno. derickson lamb, came hither from the molucos and passed by the manillias, where he took divers china junckes and staid soe long on that cost that the spanish gallions came out against hym and sunck the admerall shipp, called the _new sunne_, wherein derickson lamb hym selfe was, whoe escaped very hardly abord an other shipp, wherein he came to japon. the spaniardes also burned two other of the hollandes fleete, and made all the rest to run away, without losse of any spanish shipp, etc. and jno. derickson lamb, going away, left the _ould sunne_, a great ship with or peeces ordinance in her, with an other shipp, called the _gallias_, of tonns, as they say, with peeces of ordinance in her, and sent them abootehawling one the cost of china, and from thence to the manillias, where they h[ad] the rifling of xvi seale of china junckes, and filled them with such as they liked and sett the rest on fire, and brought the china junckes along with them, being the best and ruchliest laden, puting som or hollanders into each junck; but, by fowle wether at sea, they lost company of the shipps, soe that the chinas, being too strong for the hollanders, cut all their throtes, and carid all the junckes into china, as we hadd certen newes thereof. these shipps, the _sunne_ and _gallias_, arived at firando the th and th day of june, . and the th day of august after heare arived an english shipp, called the _attendance_, which the hollanders sent hither from the molucas, to our greater disgrace, but not an englishman in her. so that, by generall consent, it was thought fitt i went to themperours court to complaine, thinking we might have hadd restetution, considering the lardge preveleges we have in japon. but answer was made that for factes comitted in other places themperor would not meddell with it, but for anything donne in his owne dominions he would see us have right. soe the three forenamed shipps, _sunne_, _gallias_, and _attendance_, were sett out againe, the _sunne_ to carry their most best stuffes and silke, her full lading, to goe for bantam; and the other two to goe for the manillas, to meete an other hollandes fleete, because they had certen news that of the king of spaines gallions were cast away per misfortune at manillas, which was true, soe that the spaniardes hadd no strength to com out against them. soe they took china junckes more, but noe greate wealth in them, only they found such good refreshing that it saved the lives of their hongerstarved men; otherwaies they hadd never lived to see japon. soe now may it please your wors. to understand this last yeare, i meane reckning before christmas, here cam seale of hollanders for this cuntrey of japon and to this towne of firando, viz.:-- . the _bantam_, a shipp of tonns, wherin adam westerwood came. . the _new moone_, a shipp of or tonns, vizadmerall. . the _gallias_ before named, of above tonns. . the _attendance_, thenglish shipp before named. . the _swan_, an other english shipp taken by them at molucas. and out of these shipps englishmen escaped ashore and came to thenglish howse to seeke releefe, telling us they were used more like dogges then men amongst the hollanders. their names are as followeth: john moore, john joones, edward curwin; these men brought presoners in hollandes shipps. the hollanders demanded these men to be retorned back unto them; unto whome i made answer, i would first see their comition how they durst presume to take our english shiping, men, and goodes, as they did. so then they went to the _tono_ (or king) of firando, and demanded that their english _kengos_ (which in japons is sclaves) should be sent back unto them. unto whome the _tono_ made answer that he took not the english to be sclaves to the hollanders, we having such lardge preveleges in japon as we hadd, and therefore willed them to goe to themperour and demand them of hym, and what he ordayned should be performed, etc. also their came a penisse from the molucas, called the _fox_, to bring newes of the fight betwixt thenglish fleete and the hollanders att jaccatra, and that these shipps should make hast to the molucas with powder, shott, victuelles, and other provition, etc. and last of all came an other greate shipp from pattania, called the _angell_, being the admerall of shipps which came together and sent of purpose to take the _samson_ and _hownd_, two other english shipps, wherin capt. jno. jourden, the presedent, came cheefe comander; they hollanders coming upon them on a sudden as they road at an ancor in the roade of pattania, nott dowbting any such matter, where they took both the said shipps, after the death of capt. jourden and others. out of which shipp _angell_ mr. wm. gourden and michell payne escaped ashore, by the assistance of mr. wm. adames; otherwais they hadd byn sent captives (as the duch terme it) to the molucas. mr. gourden was master of the _hownd_, and michell payne carpenter of the _samson_. as also a welchman, named hugh williams, escaped from them and came to the english howse the morrow after. by which men, as also by an open letter which i receved from mr. adam denton from pattania in the duch shipp _angell_, we understand of the proceadinges of the hollanders against our nation; the copie of which letter i send your wors. here inclozed. but to conclud the unruly dealinges of the hollanders: when they saw they could not by any meanes gett back the englishmen which escaped from them, allthough they laid secrett ambushes ashore to have taken them, which being reveled to me by som of their owne people, then they came to outbrave us in the streetes before our owne dores, urging us with vild speeches; soe that from words som of our people and they fell to blowes, where one of the hollanders got a scram, which made the rest soe madd that they came on shore by multetudes, thinking by force to have entred into our howse and cutt all our throates, geveing assaltes in one day. yet the japons took our partes, that they could doe us no harme, although there were v. or vj. c. of them against v. or vj. persons of us. and the next day morning after, when we thought nothing, a company of them entred our howse, armed with piks, swordes, and _cattans_, where they wounded john coaker and an other, thinking they hadd kild one of them at least, as they made their bragges after. soe that we weare constrayned to keepe in our howse a gard of japons, night and day, armed, at meate, drink, and wages, to your wors. greate charge. soe that the king of firando comanded watch and ward to be kept in the streetes, that noe hollanders might be suffered to passe by our dores. but then they went in swarmes by water, shaking their naked swords at us, calling us by a thousand filthie names; which coming to the knowledg of the _tono_, he sent for capt. jacob speck, princepall (or cape merchant) of the hollanders in japon, and caused hym to geve a writing in japons before witnesses, with his ferme at it, that from that tyme forward no hollander should misuse an englishman, nether in word nor deed, and then caused me, richard cocks, to geve an other to the same effect, with my ferme at it, before the same witnesses, that noe englishman should doe the like to any hollanders. yet, before or daies were passed, the hollanders began againe to misuse us; for that edmond sayer, being retorned of a voyage he hadd made for your wors. affares to cochinchina and arived at nangasaque, sentt richard king to firando to advertis me thereof and to bring our _foyfone_ (or bark) with hym to carry the comodetis he hadd brought to firando. but as the said ric. king was going out in the said bark, accompanied with our _jurebasso_, the hollanders armed out five or six barkes or shipp boates after them, full of men, with guns, pikes, swordes, and other weapons, and took hym presoner with the bark and carid hym to the hollands howse, using hym very churlishly. the _tono_ being an eye witnesse and looker on when they did it, mooved hym soe much that he sent out certen boates full of souldiers after them, to have reskewed ric. king; but they came to late, for the hollanders hadd carried hym into their howse before they came. soe the souldiers laid hand on capt. speck hym selfe and carid hym presoner to the _tonos_ howse, where he remeaned most parte of the day, till richard king was sett free. but this matter was noe sowner overpast but our junck arived from syam, wherin mr. eaton came and advized me of their arivall on this coast, and to send them a boate or two to helpe to toe them in, which i did; and ed. sayer, richard kinge, and john coaker went in them with our _jurebasso_. but, passing by the hollandes shipps in this harbor, they bent a peece of ordinance against them, which took falce fire. which they seeing, discharged or muskettes at them with langarell (or cheane) shott; but, by greate fortune, missed the englishmen and kild a japon. which open injuries being offered against us in japon (contrary to the preveleges geven us by the emperour), yt was thought fitt (and agreed upon by a generall councell) that i should goe to the court of the emperour of japon, to make their doinges knowne unto his matie. and to demand justice; which i did, with much labour and greate cost to your wors. and order was geven by the emperours comand and his previe councell to the _tono_ or king of firando to heare both parties and see justis performed. yet, from that tyme till now, there is nothing donne, although i have divers tymes very instantly desired it of the kinge, whose best answer i eaver could gett was, that the hollanders had kild no englishman, but a japonar, his owne vassale, which yf he were content to pardon, what hadd i to doe therwith? and that which is worse, we being makinge cables for our junck in the streetes of firando, the servantes of a gentelman called semi dono picked a quarrell against ed. sayer as he, wm. eaton, and jno. osterwick were looking on the workmen; and, without any reazon came out against them with clubbs and staves, and knockt downe ed. sayer, wounding hym very sore; and the rest escaped not free, but were shrodly beaten, and, hadd they not by good fortune gotten into a howse, they hadd kild them all. for the which abuse i went first to semi dono to complaine, but he would not vouchsaffe to speake to me. soe i complained to the kinge, thinking to have hadd justice; but, to the contrary, he sent me word that by councell he hadd banished two men of semi donos out of his dominions, which were the authors thereof, as he did the like by edmond sayer, telling me that, yf i did not forthwith send hym to nangasaque, he would geve orders to kill hym the first tyme he went out of the dores into the street. unto which i made answer, it was against the preveleges geven us by the emperour, desiring hym to lett me pleade for my selfe, to show my greefes, or else lett the matter be brought before the emperour. but the kinge would not heare me speak any ferther in this matter, but badd me stand to the danger, yf i sent hym not away. yet still i pleaded that the hollanders hadd donne much more, even to the killinge of japons, and yet were not banished nor any thing said to them for it, nether for any other abuses offered against us; and ed. sayer nor no other englishman hadd nether wounded nor hurt any japon for this matter he was banished for, yet he hym selfe being wounded almost to death. but all would not serve, soe that i was constrayned to send ed. sayer to nangasaque, and soe from thence to goe for bantam or any other place where the english fleete is, to geve the precedent and cheefe comanders to understand thereof, etc. for may it please your wors. to understand that, having soe many englishmen lying idly in the factory, with those which were heare before, and noe shipping to carry them away, as well to avoid charg of howse keepinge as also to geve your wors. to understand how matters passe, it was ordayned per a general councell to buy a small _soma_ or vessell of som tonns, to carry these men whose names follow (at their owne ernest request) to seek out the fleete in java, sumatra, or else wheare, to helpe to fight against the commune enemie, as they have procleamed them selves, i meane the hollander, as also to carry gunpowder, shott, beefe, pork, biskitt, tunnie fish, and other provition, soe much as conveniently the vessell can carry. the names of the englishmen which goe are as followeth, viz:--edmond sayer, james burges, thomas harod, wm. gorden, robt. hawley, jno. portes, migell payne, john coaker, john moore, john joones, ed. curwine, jno. yonge, hugh williams, peeter griffine. also there goe japon marrenars with them for their more strengthning, as also because their seals are of mattes, after the japon fation, wherin they are more expert then our english men. and, for their better defence they carry falcons, of brasse and of iron, with long brasse bases, fowlars or murtherers, hargabush of crock, english muskettes, and japon calivers, with good powder and shott suffitient, etc. the junck name is called the _godspeed_, of the burthen of tonns or upwardes, and cost us iiij c. xxx _tais_ first peny, being open behind as all _somas_ are, but we have made her now to steare shipp fation. god prosper her and send them a good voyage. * * * * * * truly to my hartes greefe i am eavery day more then other out of hope of any good to be donne in japon, except trade may be procured into china, which i am not yet out of hope of. although capt. whaw of nangasaque be dead, whoe was a cheefe dealer hearin, yet his brother, capt. andrea dittis of firando, tells me it is concluded upon, and that he expects a kinsman of his to com out of china with the emperours passe, promesing to goe hym selfe with me in person, when we have any shipping com to goe in; for in japon shipping we cannot goe for china. this andrea dittis is now chosen capten and cheefe comander of all the chinas in japon, both at nangasaque, firando, and else wheare, and i trust in god will prove the author in soe happie a matter as to gett trade into china. but of all the merchandiz we have this last yeare, before christmas came, from syam, cochinchina, and tonkyn, as reed wood, lead, deare skins, and silke of severall prices, we cannot make sale of any thing; which maketh me to wonder, for the other yeare before was much greater quantety of all comodetis and yet sould dearer. * * * * * * our lead, which never heretofore lesse then _tais_, now worth _tais_; but none dare buy it for feare of themperour. soe i have set it at - / _tais pico_. but themperours _bongew_ will not take it absolutely at that price, before he have made it knowne to themperours councell, he being now bond up to the court and called thither per themperour, as it is thought to put an other in his place, which god forbid; he being now ruch is better to be dealt withall, but, yf a new hongry fello com, he will gnawe to the very boanes, as others heretofore have fownd by experience, two or three haveing byn changed in my time. but that which cheefly spoileth the japon trade is a company of ruch usurers whoe have gotten all the trade of japon into their owne handes; soe that heretofore by theare meanes we lost our preveleges geven us per ogosho samma themperour, wherin he permitted us to trade into all partes of japon not excepted, and now per this emperour shongo samma we are pend up in firando and nangasaque only, all other places forbidden us. for they have soe charmed themperour and his councell, that it is in vayne to seeke for remedy. and these fellowes are nott content to have all at their owne disposing above, but they com downe to firando and nangasaque, where they joyne together in seting out of junckes for syam, cochinchina, tonkin, camboja, or any other place where they understand that good is to be donne, and soe furnish japon with all sortes of comodeties which any other stranger can bring, and then stand upon their puntos, offering others what they list them selves, knowing no man will buy it but them selves or such as they please to joyne in company with them, nether that any stranger can be suffered to transport it into any other parte of japon. which maketh me alltogether aweary of japon. * * * * * * and for our english broad cloth, i canot find that any greate quantety will be vented in japon. for they use it not in garmentes, except som fewe in an outward cloak or garment now of late. but the greatest use they put it to is for cases or coveringes for armours, pikes, _langenattes_, _cattans_, or sables, with muskettes or guns. and the best cullars are stametes or blackes, with reddes, for venting any quantetie. and the best tyme is against warrs, for then every noble man will have his armours and munition sett out in gallant sort. but clothes of above xxli. str. a whole clo. are too deare for japon, for they doe not respect soe much the fynenesse of the cloth as they do the quantetie of the measure. and the cullers which are best after black and redd are sadd blewes, culler du roy, or mingled cullers neare unto that of culler due roy. * * * * * * so that, to conclude this tediouse and unprofitable discourse, i esteem our japon trade alltogether unprofetable, yf wee procure not trade into china. but, yf it please god that your wors. lay hould or determen to sett foote in the molucas, then japon must be your store howse, as it is the hollanders. for from hence they make their provition in aboundance, viz. great ordinance both of brasse and iron, with powder and shott good cheape; beefe and pork, in greate quantetie; meale and bisquite, as much as they will; garvances, or small peaze or beanes, in abondance; and dried fish lyke a breame, called heare _tay_, in aboundance; tunnie fish salted, in greate quantetie; rack or aquavite, of any sort, in aboundance; rice, in what quantetie they will; with other sortes of japon wine made of rise, what they will; and pilchardes, in greate quantetie, either pickled or otherwais. and for provition of shiping, either tymber or plankes, with mastes, yardes, or what else to make a shipp, with good carpenters to work it, as also rozen or pitch enough, but no tarr. also ther is hempe indifferent to make cables, and them which can resonably well work it. and for iron work, neales, and such lyke, there is noe want, and smiths that can make ancors of hamer work of or c. wight, yf need be; for such have byn made for carickes which came from amacon to nangasaque, etc. * * * * * * also heretofore at severall tymes i have sent my acco. to bantam, according to your wor. order, with coppies thereof, to the precedent or cheefe in that place, the other to be sent for england. yet, as i understand, they have detayned all at bantam and sent non for england; and mr. balle per name hath wrott to some englishmen in this place, whoe loved me not soe littell but they shewed me his letters, wherin he taxed my acco. to be erronios and alltogether falce and fetched about with a trick beyond rule, soe that he wondered they should jumpe soe neare in ballance, being soe notably falce. but yf mr. balle hadd byn soe good a frend unto me as he would make me to beleeve in som lynes of his letters (yet he never gave me roast meate but he did beate me with the spitt)--i beeseeke your wors. to pardon me yf i be too forward of tonge herein--i say, yf mr. balle had ought me soe much good will, yt hadd byn a frendly parte to have amended that which hadd byn amiss, yf such were to be donne, and then to have sent the acco. forward, and not to keepe all back, saying it was falce or erronios.... my greefe is, i lie in a place of much losse and expence to your wors. and no benefitt to my selfe, but losse of tyme in my ould adge, allthough god knoweth my care and paines is as much as yf benefite did come thereby. yet truly, yf the tyme or place, or other occation amend it not, i shall, as i came a pore man out of england, retorne a beggar home, yf your wor. have noe consideration thereof, although your wor. shall never find that i have byn a gamstar or riatouse person which have spent eather your wor. or my owne goodes riatosly or out of order. i beseek your wors. to pardon my overbould speeches hearin. but, yf it hadd pleased god that generall keeling or any other your wors. apointed hadd com to japon to have overseene the affares in this factory, it would have byn a greate comfort unto me and ridd me of a greate deale of care; for most an end for the space of two yeares mr. nealson hath byn very sick, and mr. jno. osterwick littell lesse, and both of them at this instant soe extreame sick that i dowbt much of their recovery, which hath [byn] and is a hinderance to me in the proceadinges of acco. and writing out of coppies, they two being all the helpe i have hadd, others going abroad on voyages for your wor. affares. god of his mercy send them their healthes, for they are soe weake that i esteeme they cannot write by this conveance nether to your wors. nor noe other frendes. and, whereas heretofore i wrott your wors. that shongo samma, the emperour that now is, had shortned our preveleges, that we should trade into noe other partes of japon but only nangasaque and firando, and our shipping to goe only to firando, now he hath permitted us to goe with our shipps for nangasaque as well as firando at our chose. and the harbor at nangasaque is the best in all japon, wheare there may , seale of shipps ride land lockt, and the greatest shipps or carickes in the world may goe in and out at pleasure and ride before the towne within a cables length of the shore in or fathom water at least, yt being a greate cittie and many ruch marchantes dwelling in it, where, to the contrary, firando is a fisher towne and a very small and badd harbor, wherin not above or shipps can ride at a tyme without greate danger to spoile one other in stormy weather; and that which is worst, noe shipping can enter in or out of that harbour, but they must have both tide and winde as also or penisses or barkes to toe them in and out, the currant runeth soe swift that otherwaies they canot escape runing ashore; where, to the contrary, there is no such mattar at nangasaque, yt being one of the fairest and lardgest harbours that eaver i saw, wherinto a man may enter in and goe out with shiping at all tymes, the wind serving, without helpe of boate or penisse. and in nangasaque there is noe king nor noble man, but only the emperours _bongew_ (or governar) of the place; soe that we need not to geve presentes to more then one at any shipps entring. but at firando there is the king hym selfe, with two of his brothers, and or of his uncles, besides many other noble men of his kindred; all which look for presentes, or else it is no living amongst them; and that which is more, they are allwaies borowing and buying, but sildom or neaver make payment, except it be the king hym selfe. so that it maketh me altogether aweary to live amongst them, we not being abell to geve and lend them as the hollanders doe, whoe geve them other mens goods which they neaver paid for. soe that they are accompted better then true men and better used then we, as apeareth by banishing ed. sayer without any occation, which it may be the _tono_ of firando may repent before it be long, and, as som say, wisheth allready it were undon; for i have written to syam, pattania, and bantam, that yf they send any shipping for japon hearafter, that my opinion is, and the rest of the englishmen heare are the lyke, to send them for nangasaque, where the governor offereth to lett us have a plott of ground or to take a house in any place of the cittie where we lyke best. so that now many tyme and often we have wished that your wor. howsing att firando stood at nangasaque, which heretofore was not thought fitt, because then a papist portingale bushopp lived in the towne and ther was or parish churches, besids monestaries, all which are now pulld downe to the grownd this yeare, an end being made thereof; and the places where all such churches and monestaries weare, with the churchyords, are all turned into streetes, and all the dead mens boanes taken out of the grownd and cast forth for their frendes and parentes to bury them where they please. i doe not rejoyce herin, but wish all japon were christians; yet in the tyme of that bushopp heare were soe many prists and jesuists with their partakers, that one could not passe the streetes without being by them called lutranos and herejos, which now we are very quiet and non of them dare open his mouth to speake such a word. and soe, beseeching the god of heaven to blesse and prosper your wors. in all your proceadinges, i humbly take my leave, restinge your wors. most humble servant at command, ric. cocks. to the right wor. the governor, depute committis, and generalletie of the east india company of england deliver in london. per the way of bantam in the juncke _godspeed_, whom god preserve. [ ] india office. _original correspondence_, vol. vii, no. . ------------------- richard cocks to the clothworkers' company.[ ] nangasaque in japon, the th of marche, [ ]. right worll. ser and serrs,-- may it please yow to understand that, since my arivall in japon in these eastarne partes of the world, i wrot yow an other letter by a dutch chirurgion, called mr. abraham blancard, advising your wors. of my long voyadge into these partes, passing by cape bona speranza, the redd sea, bantam in java major, the molucas, and soe to the eastwardes of the phillipinas into these kingdoms of japon, wheare now i have remeaned allmost the space of vij yeares. of the which i thought good to adviz your wors. of the just occation of my abcense, to the entent i fall into noe broake for the neclecting thereof, as i know others have donne. i also wrot your wors. from bayon in france to same effect, many yeares past, by a duchman of middebrogh, called james vrolick. which former letters i make no dowbt came unto your wors. handes, etc. allso, may it please yow to understand that we are much molested in these partes of the world with the unruly hollanders, whoe have procleamed open warrs against our english nation both by sea and land, and to take our shipps and goods and kill our persons as their mortall enemies, wheresoever they find us. and, for better proof thereof, they broght two english shipps this yeare into japon, out of which englishmen escaped and came to our english howse for releefe. the shipps names taken weare, viz. the _swan_ and the _attendance_. they took also two other english shipps this yeare, riding at an ancor in the roade of pattania, not dowbting any such matter, three hollandes shipps coming upon them on the sudden. in which hurly burly capt. john jourden, our precedent of the indies, lost his life, with many others. one of which shipps (which took them) came this yeare to firando in japon, out of whome escaped other englishmen and came to the english howse for releefe, as the former did; by whome we understood the shipps taken weare the _samson_ and the _hownde_; the hollanders at firando takeing their escape in such dudgin that they demanded their captives (as it pleased them to call them) to be deliverd back againe unto them. unto whome i answered that i would first see their comition, how they durst presume to take our shipping, goods, and persons, as they did. unto which they replied nothing, but went to the _tono_ (or king) of firando, demanding of hym that their english slaves (as they termed them) might be retorned back unto them. unto whome he answerd he took not englishmen to be slaves to them, but, yf they pretended any such matter, they might goe to the emperour, and what he ordayned should be performed. soe they, seeing their expectations frustrated, ment to have entred our english howse and cut all our throates; which they wanted but littell to have effected, geving assalts against us in one day, they being of them to englishman; yet god preserved us from them, the japoneses, our neighbours, taking our partes. soe that then their generall or cheefe comander, called adam westarwood, sett my life at sale, promesing rialles of to any one would kill me, and of the like for the life of each other english merchant, with many other stratagems they used against us too long to be repeated. yet god hitherto hath defended us from them all. of the which i thought good to advertis your wors., knowing well that many of yow are of this right honble. and right worll. sosietie or companie which trade into the east indies, of which i my selfe am a pore and unworthie member, as i am the like of the merchantes adventurars and made free of the ould hance. and soe, with my humble dutie remembred, with desire and my prayer unto allmightie god to blesse and prosper your wors. in all your proceadinges, i leave yow to the holy tuition of thallmightie. by an unworthie membar of your right. worll. sosietie, ric. cocks, clothworker. [ ] india office. _original correspondence_, vol. vii, no. . ------------------- richard cocks to the e. i. company.[ ] firando in japon, the th of december, . right worll. ser and sers,-- after my humble dutie remembred. may it please yow to understand that my last letter was dated in nangasaque the th of marche, , sent per a small junck or vessell called the _godspeed_ to seek out our english fleete at bantam or else wheare; but, meeting with stormy wether and contrary windes at sea, lost their voyadge, having their seales blowen from the yardes, and lost all their cables and ancors but one, and with much ado in the end retorned to this port of firando. the said letters i send againe by this conveance; unto the which i refer me. also may it please your wor. to understand that this yeare are arived in japon these shipps following, viz.:-- the _james royall_ came the first, and brought news of the peace made betwixt the two companies. god be praised for it; and god grant the duch may as fermly follow the orders prescribed as i make no dowbt the english will doe, and then their will noe occation of discontent be offered hereafter. the cheefe comander in the _james_ is capt. martyn pring. the _moone_ came next; capt. robt. addames, comander and admerall. the _palsgreve_; charles clevenger, capt. the _elizabeth_; edmond lennis, capt. the _bull_; mr. john munden, master or capt. the _unicorne_ and english _hope_ have lost their monson, soe we know not what is becom of them, except they retorned back to pattania or jaccatra; which god grant. and there are arived heare for the hollanders this yeare:-- all holland shipps. the _new bantam_; jno. johnson, comander, and vizadmerall to capt. adams. the _trowe_; capt. lefevre, comander. the _harlam_; wm. jonson, master. the duch _hope_; henrock valche, capt. the _indraught_, a merchant shipp. both english shipps. the _swan_; mr. howdane, comander the _expedition_, cast away in firando. and the hollanders want a shipp called the _st. michell_, a french shipp, which should have come hether this yeare but hath lost her monson. the _james royall_ and the _moone_ weare both sheathed heare this yeare, and the _bull_ all masted, and the rest repared to content; and all the shiping disposed of as followeth, viz.:-- the _james royall_ fall laden with provition for us and duch for jaccatra, and soe from thence pretended to goe for england. the _indraught_ for the molucos, laden with provition for the hollanders. the _swan_, said to doe the like for jaccatra or bantam. the _expedition_, cast away in this port at an ancor in a greate storme and not to be recovered. all bound for the manillas. english shipps. the _moone_ the _palsgreve_ the _elizabeth_ the _bull_ holland shipps. the _new bantam_ the _trowe_ the _harlam_ the duch _hope_ * * * * * * i doe verely think the furnishing and setting out these shipps afore named will stand your wors. in above ten thousand poundes starling; but i canot justly tell it. nether dare any man buy the lead but themperour only; and his councell sett the price from tyme to tyme as they please. soe this yeare, per generall consent, there weare men sent up to themperours cort with presentes. they departed from hence the last of august, and as yet are not retorned: for thenglish, capt. charles cleavenger mr. joseph cockram for the hollanders, capt. lafebre matias van der brook whome, as we understand per their letters, are frendly entertayned both of themperour and his councell, but stay longer for a dispach then they thought of, by reason of the taking of a friggat which came from manillias, wherin weare both portingals, spaniardes, and japons, and amongst the rest ij semenary pristes (or jesuists), people defended not to com into japon, which maketh the better for us. yet we know not whether themperour will let us have it for good prize or noe, till our men retorne from edo, of the which i will certefie your wor. per my next. i did make full accompt to have retorned for england this yeare, but that mr. thomas brockedon and mr. augusten spalding, presedentes at bantam, wrot me the want of merchantes in the factory as also to send along in these shipps, willing me to furnish their want out of this factory, which, god willing, i will, and wish i might have byn one of them my selfe. but i hope the next yeare som new supplies may be sent for this factory, to thentent i may now retorne for my cuntrey, i having now served your wors. a prentishipp of ten yeares since i departed out of england; and i know there hath not wanted som to geve bad reportes of me to your wors., but i hope to cleare my selfe before your wors., yf god spare my life. * * * * * * also may it please your wors. to understand that mr. wm. nealson departed out of this life in marche last, being wasted away with a consumption, and before divers witnesses gave me all he had both in these partes and else wheare, as i have it under their handes to shew; and yf god had called me to his mercy before mr. nealson, then had he had as much of myne. and our good frend capt. wm. adames, whoe was soe longe before us in japon, departed out of this world the xvjth of may last, and made mr. wm. eaton and my selfe his overseers, geveing the one halfe of his estate to his wife and childe in england and the other halfe to a sonne and a doughter he hath in japon. the coppie of his will with an other of his inventory (or acco. of his estate) i send to his wife and doughter per capt. marten pring, their good frend well knowne to them long tyme past. and i have delivered one hundred poundes starling to divers of the _james royalls_ company, enterd into the purcers book, to pay two for one in england, is two hundred poundes strling, to mrs. adames and her doughter. for yt was not his mind his wife should have all, in regard she might marry an other husband and carry all from his childe, but rather that it should be equally parted betwixt them. of the which i thought good to adviz your wors. and the rest of his debtes and estate being gotten in, i will ether bring or send it per first occation offerd and that may be most for their profett, according as the deceased put his trust in me and his other frend, mr. eaton. i know not what else to write your wors., only, as yet, there is noe order com out of china to let us have trade, for that the hollanders men of warr have shut up their trade that few dare look out. and, besids, the cheenas them selves robb on an other at sea, thinking to lay all the falt on the dutch and english; but som have byn intersepted in som provinces of japon and paid dearly for it. and other china shipping, being sett out of nangasaque by their owne cuntremen to goe for isla formosa (called by them tacca sanga) to trade for silke, are run away for china with all the money and left their cuntremen in japon in the lurch. and for all other matters i refer my selfe to the relation of my worll. frend capt. martine pring, the bringer hereof; and soe leave your wors. with your affares to the holy protection of thallmightie, resting allwais your wors. most humble servant at command, ric. cocks. [ ] india office. _original correspondence_, vol. vii, no. . ------------------- richard cocks to the e. i. company.[ ] firando in japon, the th of december, . right worll. ser and serrs,-- * * * * * * i canot but be sorofull for the losse of such a man as capt. wm. adames was, he having byn in such favour with two emperours of japon as never was any christian in these partes of the worlde, and might freely have entred and had speech with themperours, when many japon kinges stood without and could not be permitted. and this emperour hath conformed the lordshipp to his sonne which thother emperour gave to the father. * * * * * * yt is strang to see the changes of merchandizing soe altered since our first arivall in japon; for heretofore yearly white raw silk was sould at , , and _taies_ the _pico._ at least, and now it is fallne to , yea som have sould for _taies_ the _pico._ this yeare, which yeares past was worth _tais pico._ the reason is, a company of ruch men have got all the trade of japon into their handes. soe they agree all together and will not buy but at what price they think good them selves; and is not to be remedied. and it is geven out that themperour will defend that noe more lead shall com into japon till this greate quantety brought by us and the hollanders be spent. for the hollanders brought in their shipping this yeare _pico_. eng. lead and _pico_. from syam in their junck. soe that the hollanders have _pico_. lead com this yeare; but a great part of it is small barrs, such as is com in our shiping this yeare, and i think taken out of our english shipping which they took heretofore. broad cloth, kersies, and perpetuanos i think will prove the best comodetie for japon, and redds and stamettes and blacks best cullers, and, yf they sell not at an instant, yet tyme will vent all. som other mingled cullers, as cullor du roy or such lyke, will not doe amis; but noe more yello nor straw culler, for that proveth the worst culler of all. * * * * * * and tuching that which i wrot your wors. in my last letters sent from nangasaque in the junck _godspeed_, how that a nobellmans men of this place (called semi dono) fell a quarreling with mr. edmond sayer and others, whereupon the king of firando banished both them and mr. sayer, yet now all is revoked per the kinges order and mr. sayer cleared and the others recalled. and soe i leave your wors. with your affares to the holy protection of thallmightie, resting alwais your wors. most humble servant at comande, ric. cocks. to the right worll. the governour, deputie comitties, and generallty of the east india company deliver in london. by capt. martyn pring in the _royall james_, whome god preserve. [ ] india office. _original correspondence_, vol. vii, no. . ------------------- richard cocks to the e. i. company.[ ] firando in japon, the th of january, [ ]. right worll. ser and serrs,-- * * * * * * i am now enformed by a messenger we sent into china that the ould emperour hath resigned the government unto one of his sonns; and that the new emperour hath granted our nation trade into china for two shipps a yeare, and the place apointed near to fuckchew, and that ther wanted but the fermes of ij vizroys of ij provinces to conferme it; and that the _goshon_ or passport will be sent us the next moonson, and had byn heare before now, had it not byn letted per the wars of tartaria. thus much our china frendes tell me, and i hope it will prove true. * * * * * * your wors. humble servant at command, ric. cocks. [ ] india office. _original correspondence_, vol. vii, no. . ------------------- richard cocks to the e. i. company.[ ] firando in japon, the th of september, . right worll. ser and sers,-- * * * * * * the th of june last our whole fleete of shipps, english and duch, arived in saffetie from the manillias, very few of the men being dead, and have taken and pillaged junckes, the duch using much crueltie in killing many chinas after they hadd rendered them selves, and many more had [byn] kild yf the english had not prevented them. * * * * * * the duch did abuse our men in the manillias, and, had it not byn prevented by som, they had gon together by the eares, to the endangering or losse of the whole fleete, as i make acco. others will write at lardg to your wors. therof. and now this yeare, per order of the councell of defence from jaccatra, the same fleet proceadeth againe on the like voyage, the hollanders being admerall this yeare, as the english were the last; only the hollanders send away the shipp _swan_ and put an other shipp called the _muyon_ in her place, and the english joyne the shipp _pepercorne_ to the fleet, to make them up x seale in all, and have determened that within these xv daies the _pepercorne_ and _muyon_ shall departe from hence, to lie upon the coast of china in a certen hight, to keepe back the china junckes which we are enformed will departe for the manillias with the first of the monson, which yf they doe, of necessitie our shipps will meete with them. and the rest of the fleete, being seale, will follow after, and are to departe from hence the th of december, new stile. * * * * * * also may it please your wors. to understand that, by meanes of the governor of nangasaque, gonrok dono, whoe taketh the spaniardes and portingals partes against us, with all the merchantes of that place, miaco, and edo, geving the emperour to understand that both we and the hollanders are pirates and theevs and live upon nothing but the spoile of the chinas and others, which is the utter overthrow of the trade in japon, noe one daring to com hither for feare of us. by which reportes themperour and his councell are much moved against us, as the king of firando doth tell us, whoe is newly retorned from the emperours court, where he hath married the emperours kinswoaman, which hath brought hym into greate creddit, and he is the only stay now which we have in japon. and by his order the hollandes capt., leonard camps, and my selfe are apointed to goe to edo with the presentes to themperour and his councell, to procure redresse, yf we may, and prevent our enemies proceadinges. for the emperour hath sent downe order that we shall carry out noe japons to man our shiping, nether make nor carry out any ordinance, gunpowder, shott, guns, pikes, _langanattes_, _cattans_, nor any other warlike munition. and it was reported we should carry out nether rise, bred, nor wine, nor flesh; but that is not yet donne. but the other is procleamed, and waiters apointed to look out night and day that noe forbidden matters be convaid abord our shipps. soe that, yf we get noe redresse for these matters, it is noe abiding for us in japon, and better to know it at first then last what we may trust unto. * * * * * * and, as i understand by capt. robt. adames, admerall the last yeare of the fleete of defence, that in the last voyage the yeare past to the manillas the hollanders did much abuse our english men, and wm. johnson vizadmerall was cheefe occation therof. soe that they had like to have gon together by the eares in the manillias, to the totall distraction of both fleetes, the enemie being so neare, yet by the discretion of som it was pacefied; as i make acco. capt. adames hath advized your wors. at large, he being now apointed vizadmerall, much against his will, by the councell of defence at jaccatra, he dowbting that yf the last yeare, when he was admerall, they feared not to doe soe, that, now themselves are admerall, they will doe worse. and herinclozed i send your wors. a copie of a letter which i receved from molucas in a shipp of the hollanders, sent from mr. wm. nicolles, agent, wherin your wors. may see the proceadinges of the hollanders in those partes, as i make acco. he hath advized therof hym selfe. truly their proceadinges every wheare are allmost intolerable, and they are generally hated thorowout all the indies, and we much the worse thought of now we are joyned with them. yt is very certen that with little danger our fleet of defence may take and sack amacon in china, which is inhabeted by portingales. for the towne is not fortefied with walls; nether will the king of china suffer them to doe it, nor to make any fortifecations, nor mount noe ordinance upon any plotforme; and / partes of the inhabetantes are chinas. and we are credably enformed that, these last yeares, when they did see but or of our shipp within sight of the place, they weare all ready to run out of the towne, as i have advized the precedent and councell of defence at jaccatra; and, had but small shipps, as the _bull_ and _pepercorne_, entred this yeare, they might easely have burnt and taken seale of galliotas which weare at an ancor, amongst which weare the galliotas which came into japon, being then full laden; and, had they taken this fleet, the portingales hadd byn utterly undon, as they them selves confesse, and, that towne being taken, all the portingalles trade in these partes of the world is quite spoiled, both for manillias, malacca, goa, and else wheare. and the king of china would gladly be ridd of their neighbourhood, as our frendes which procure our entry for trade into china tell me, and doe say that he wished that we could drive them from thence. but this yeare there is kings of china dead, the father and his two sonns, the wives of the two bretheren procuring the poisoning of them both. soe that now a yong man of or yeares ould is com to be king, being the sonne of one of the deceased brothers; which is a stay unto our proceadinges to get trade into china, for that new petision must be made, and our joyning with the hollanders to take china juncks is ill thought of. but the barbarousnesse of the hollanders at manillias the last yeare is much; for, after they had taken the china junkes and that the pore men had rendred them selves, the hollandars did cut many of them in peeces and cast many others into the sea; wherof our men saved and took many of them up into our shipps; and much more distrucktion had byn made of them, had not capt. adames, the admerall, prevented it. * * * * * * notwithstanding the previleges which we and the hollanders have from themperours of japon, that the japons shall not execute any justice upon our people, yet this yeare the justis of this place (but it was in the abcense of the king) did cut offe the heades of ij hollanders which, being drunke, did brable with the japons and drue out their knives, as their custam is, and gave a skram or to som japons, one being a souldier, yet kild noe man; and yet the hollanders were haled out into the filds and their heads cut offe and sent home to the hollands howse, which they refuced to receve, desiring them to leave them with the bodies, which they did, and soe left them in the filds to be eaten by crowes and dogges; which they had byn, had not som englishmen buried them. and as som of our men goe along the streetes, the japons kindly call them in and geve them wine and whores till they be drunk, and then stripp them of all they have (som of them stark naked) and soe turne them out of dores. and som they keepe presoners, forging debtes upon them, which som of our men sweare they owe not; yet it is noe beleeving of all, for som of our men are bad enough; yet out of dowbt the abuse is greate and never seene till the last yeare and this. for the king hath (by our procurement) from the first made an edect that the japons should not trust our men without paying money for what they tooke; for it is an ordenary course for som of our men to leave the shipps and lie ashore in secret a wick, a fortnight, yea a month som of them, and in the end cause their hostes to keepe them presoners, telling us it is by force, yet confesse the debt som of , others of , , and _taies_ per man which they owe, desiring it may be paid and put upon their wages. which course of theirs i withstand in all i may, and make many set free without payment, which they murmur at as a disgrance and discredett to them, swearing, woundes and blood, your wors. are indebted to them in farr greater somms and yet they cannot be masters of their owne; soe that the trowble i have with them heare is much. nether can ther comanders curb them, they rise in such greate multetudes, as for example i advised your wors. the last yeare, and laid violent handes on the admerall, capt. adames; and this yeare the _bulls_ company and most parte of the _moones_ mutened, and all the rest promised them to doe the like, but were prevented, for that som of these weare taken and punished, which caused the others to feare. * * * * * * and for the shipp called the english _hope_ (for the hollanders have one of the same name) is ether cast away or else the company have revolted and run away with the shipp and kild the master or else carid hym away with them perforce, for every on thinketh that the master, mr. carnaby, would never consent thereunto; but they suspect one thorneton and the chirurgion, with other mutenose persons in her, for that this thornton hath a brother which they say is a piratt and entertayned per the duke of florence. soe they imagin, after they have made what purchase they may, that they will direct their course thither with the shipp. this is the opinion of the cheefe in our fleete. * * * * * * your wors. most humble servant at comand, ric. cocks. to the honorble. sr. thomas smith, knight, governor of the east india company, and to the right worll. the comittys deliver in london. per way of jaccatra, in shipp _swan_. [ ] _ibid._, vol. viii, no. . ------------------- richard cocks to the e. i. company.[ ] firando in japon, the th of october, . right worll. ser and sers,-- * * * * * * as yet gonrok dono is not come to firando, and god knoweth when he will; for, as it is said, he stayeth at nangasaque to put to death many japon christians for haboring of papist pristes secretly, and till he com the king of this place will not suffer us to goe to the emperour with our presentes, which maketh us stand in dowbt whether he secretly take part with gonrok dono and the papistes our enemies against us and stayeth us of purpose till the spaniardes and portingales have preveled against us at emperours court. for the kinges mother is a papist christian, and the king hym selfe and all his bretheren are christened. this maketh us to stand in dowbt of the worst. yet, yf it be trew, we canot remedy it; for we canot departe from hence without the kinges leave and one of his men to goe with us, nether dare any bark carry us away without his comition. soe that god he knoweth what our affares in these partes will com to in the end. and that which maketh me more afeard then all the rest is the unreasonablenesse and unrulynesse of our owne people, which i know not how it will be amended, as i have spoaken more at lardge in my other letter, and yet it is every day lyke to be worse then other for ought i can see. god of his goodnesse send me into a place where i may have to doe in merchantes affares and not to meddell with men of warr, yf all be as unruly as these are. and soe, ceasing from trowbling your wors. any ferther, i rest, as allwaies, your wors. most humble servant at comand, ric. cocks. to the right honored knight, sr. thomas smith, governor of the east india company, and to the right worll. the comittis deliver in london. per the shipp _swan_, per way of jaccatra. [ ] india office. _original correspondence_, vol. viii, no. . ------------------- richard cocks to the e. i. company.[ ] firando in japon, the th of september, . right worll. ser and sers,-- * * * * * * our whole manillia fleete of x seale, viz. english and duch, are saffely retorned to this port of firando, having made a farr rucher voyage this yeare then they did the last, as apereth per the coppie of the cargezon sent hereinclozed, the like being sent to jaccatra to the precedent. since which tyme i have receved letters from mr. fursland, the precedent, dated in jaccatra the th of march and th of august last past, wherein he and his councell advized me and the rest of the merchantes in the factory to leave affe our consortshipp of the fleet of defence with the hollanders, and to send our shipps for jaccatra with as much speed as conveniently we could; and that the _palsgrove_ and _moone_ should tuch at jamby to take in their lading of peper; the _pepercorne_ to stay upon the coast of china som tyme to look out according to their former comition geven; and the _elizabeth_ and _bull_ to com directly from hence for jaccatra and bring away all the remeander left in japon in money or merchandiz, except a cargezon of five thousand _taies_ to be left in the handes of mr. jno. osterwick, with one man for a second, and a therd for an assistant, as should be thought fitting; and that my selfe, mr. wm. eaton, and edmond sayer should com alonge in the said shipps for jaccatra, for lessenyng charges in the factory. which directions, god willing, shall be followed soe neare as we can. the hollanders this yeare sent a new fleet of shipps of or seale, greate and small, to have taken amacan; but they had the repulse with the losse, as som say, of , and others say men, and of their shipps burned; the king of china now permitting the portingales to fortefie amacon, which he would never condecend unto till now, and hath geven order to the vizroy of canton to assist them with , men against the hollanders, yf need require. there was of our shipps of the fleete of defence, english and hollanders, plying up and downe before amacon before the hollandes fleete of seale arived there. the english shipps were the _palsgrove_ and the _bull_, whoe, in passing by, hailed them with a noes of trumpetes, but the dutch made them noe answer nether by word of mouth nor otherwaies, but passed in by them with silence; which at first made them stand in dowbt whether they were frendes or noe. but the hollanders made accompt to have taken the towne at first onset without the helpe of our shiping or men, and therefore vouchsafed not to speake to them; yet fayled of their purpose, but since have fortefied them selves in an iland neare to isla fermosa called isla de piscadores, where they report is a very good harbour and water enough for the greatest shipps in the worlde. the hollanders have geven it out to the chinas that they are englishmen, only to bring our nation in disgrace; of the which our china frendes in japon have adviz and have retorned answer per or severall conveances to the contrary, and that we had two english shipps before amacon, when the hollanders gave the attempt against the place, but went for japon without assisting them at all. and the hollanders in japon doe geve it out heare that we are halves with them in the new fortification of piscadores, of the which our precedent writeth me to the contrary. i am afeard that their attempt against amacon will cause both them and us to be driven out of japon, for it hath overthrowne the china trade in these partes. yet our china frendes still tell us we may have trade into china, yf we will, it being granted allready; but by meanes of the warrs of the tartar against them and the death of kinges of china in one or yeares is the cause we have not entred before now; but, for the hollanders, he will never suffer them to enter upon any conditions whatsoever. mr. osterwick and my selfe, with of the cheefe of the hollandes factory, were at edo after the departure of our shipps the last yeare, with presentes for themperour and his councell, hoping to have gott lycense to have carid out men and munition as in tyme past, but could get nothing but feare wordes for the space of months we were forced to stay at edo before we could gett our dispach, they telling us in the end they could conclude nothing untill the arivall of the king of firando, whome they had sent for, but at his coming they would take such order about that which we demanded, as also about the delivering the friggates goods, as should be to both our contentes. and, as we retorned, we mett the king of firando in the way, whoe made us many faire promisses. yet now order is com from edo that themperour will have all the priz goodes of the friggat for hym selfe, leving the rotten hull for us and the hollanders, and, although we have made what resistance we could, yet are we constrayned to deliver it to them, will we or nill we; and, that which is more, they constrayne us to way over all the goodes to them, we being enformed they will make plito against us for much more matters then ever we receved and beleeve the lying reportes of our enemies whoe duble all. and for carying out men and munition as in tyme past, that such a mighty prince as themperour of japon is, having once passed his word to the contrary, would not alter it now at the demand of such people as we are. and this is the best we can find now in japon, and i dowbt wilbe every day worse then other. the fryres or semenary pristes which came in the friggat from manillia are both rosted to death at nangasaque, with yoshen dies, capt. of the friggat, whoe was a japon, put to death with the frires spaniardes; and other japons which were marrenars in the friggat were beheaded in their sight, before the other were executed. as alsoe, since that tyme, above xij other spanish and portingall fryres and jesuistes have byn rosted to death at nangasaque, and above a hundred japons put to death by fire and sword, both men, woamen, and children, for entertayning and harboring of them. also, now of late, a china junck arived at shaxma in japon, which came from caggalion, in the manillias, and brought spaniardes or portingales in her for passingers, they telling the chinas they were merchantes, but are fownd to be pristes and sent presoners to nangasaque, where it is thought they shalbe rosted to death as the former have byn, and the china marenars in danger all to lose their lives, and the goodes seazed upon, which did all belong to andrea dittis, the china capt. (our frend), whoe is forced to send his sonne to the court with great presentes to save his goodes, yf it be possible. the capt. more or major of the portingall gallion or adventures which com from amacon to nangasaque, called jeronimo de figeredo caravallo, with lues martin, jorge bastian, and jarvasias garçis, portugezes, and harnando ximenes, a spaniard, whoe was _jurebasso_ in tyms past at bantam, are brought in question for going about to steale a fryer or padre from the hollands howse the last yeare, and, allthough the padre was brought back (which was one of them which was rosted), yet are they all empresoned and condemned and all their goodes confiscat, and looke howrly when they shall be executed. and one of the hollandes _jurebassos_ and a scrivano, being japons, with the master of the bark which carid hym away, his wife and children, all executed; this emperour, shongo samma, being such a mortall enemie to the name of a christian, espetially of papisticall christians. and heretofore, when i was at the court at edo, the emperours councell did aske me severall tymes whether i were a christian or our english nation soe; which i tould hym yea; and, in the end, askinge me soe often, i tould them they might perceve per the letters the kinges matie. of england sent to themperour of japon whether we were christians or noe, the kinges matie. writing hymselfe defender of the christian faith. and then they asked me whether there were any difference betwixt our religion and the spanish; unto which i answered yea, for that we held nothing of the pope of roome, but next and emediately under god from our kinge: which it seemed in some sort to geve them content. we and the hollanders have had much a doe in standing out for not delivring the priz goodes of the friggat, it belonging to our prince and cuntrey, as taken from their enemies. but that would not serve, the _tono_ or cheefe justis of firando telling us that, yf we would not leave it by feare meanes, they would take it whether we would or noe, and that yf we had not absolutely proved the portingalls to be padres, that themperour ment to have put capt. leonard camps and me to death and to have sezed on all we had in the cuntrey, and, yf any resistance had byn made, to have burned all our shiping and put us all to the sword. god send us well out of japon, for i dowbt it wilbe every day worse then other. yt is also said the emperour will banish all spaniardes and portingall howseholders out of japon, and suffer non to stay but such as com and goe in their shiping, to prevent entertayning of padres. and soe let this suffice for the present state of japon. * * * * * * and soe i leave your wors. with your affares to the holy protection of thallmightie, resting your wors. most humble servant at comand, ric. cocks. this letter was first sent per the _trow_, a hollandes shipp, but, shee and others being retorned back per stormy wether, i send it now per the _bull_. firando in japon, the th of november, . may it please your wors. that the th of september last past there departed hollandes shipps from hence, greate and small, of them for isla de piscadores with provition, and one directly for jaccatra, which was the _trow_. but, by means of extremety of wether, of them retorned back to firando the th of september, viz. the _bantam_, the _trow_, the _muoien_, the _tortola_: all in greate extremety, mastes cutt overbord, and much provition throwne into the sea. and the other penisse called the _santa croix_, wherein were above men, retorned not back; soe they think she is cast away. as alsoe, in the same storme, the hollanders had other shipps cast away in the roade of cochie at firando, the one called the _moone_, a shipp of or tonns, and the other, the _hownd_, an english shipp in tymes past. the xvijth of october the _palsgrove_ and _pepercorne_ put to sea on their pretended voyages, as i formerly nomenated, and duch shipps, the _trow_ and the _harlam_, went out with them; and other holland shipps went from hence after them the xxvjth ditto, viz. the _bantam_, _muoyen_, and _tortolla_, to tuch all at piscadores, to discharge tymber and plankes which they carry to fortefie themselves. the _moone_ is now ready to put to sea to follow the _palsgrove_ to jamby; and we dispach away the _bull_ to goe in company with her; but send nether money nor goodes in the _moone_, nether sent we any in the _palsgrove_, the precedent mr. fursland comanding the contrary in his letters from jaccatra; but we sent a cargezon of money and merchandiz in the _bull_, amonting to , _ta._ _m._ _co._, as yow may see per coppie of the invoiz. the _elizabeth_ we will dispach away as sowne as we can recover in money, for we have sould all our silk and mantas, but noe money receved but that which goeth in the _bull_; soe i dowbt i shall be constrayned to stay here till the next monson, to sett matters right. and edmond sayer and ric. hudson are at this instant ready to departe towardes edo with our presentes for themperour and his councell, as the hollanders are the like, and our frendes geve us councell not to stay behind them. and mr. joseph cockram goeth in the _bull_ for jaccatra. soe mr. jno. osterwick and my selfe of necessety must stay heare to gett in monies to dispach away the _elizabeth_, as i think mr. eaton must doe the like; for it is noe staying a shipp of such greate charges as she is any long tyme upon dowbtfull occations. i know i need not to adviz of the unrulynesse of many of our marrenars and sealers, and som of them not of the meanest sort, whoe daylie lie ashore att tipling howses, wasting their goodes and geving bad insample to others to doe the like; soe that of force many carpentars and others have byn hired to doe the shipps busynes, whiles they did lie loyteringe. i need not to name them, but refer it to the cheefe comanders them selves. i have delivered more monies of the deceased capt. wm. adams unto the purcers of the _moone_, _bull_, and _elizabeth_, to the some of one hundred powndes str., to pay two hundred in england to his widdow mrs. mary adams and her doughter in halves; as the other _l._ i sent in the _royall james_ was the like. and soe i leave your wor. with your affares to the holy protection of thallmighty, resting allwais your wors. humble servant at command, ric. cocks. to the right honored knight, sr. thomas smith, governor, and the right worll. the committies of the east india company, deliver in london. per the shipp _bull_, whome god preserve. [ ] india office. _original correspondence_, vol. ix, no. . ------------------- richard cocks to the e. i. company.[ ] firando in japon, the th of december, . right worll. ser and sers,-- * * * * * * the hollanders have this yeare sould greate store of broad cloth, stamettes, blacks, and other cullars, non being left to sell, and at _tais_ and some above per _tattamy_, and have written for more to jaccatra to be sent in the next shipp which cometh; as i have donne the like to the precedent, yf any be there to send it. the reason of venting broadcloth is the rumor of warrs very likely to have ensued in japon, and god knoweth what will com of it; for, since the writing of my last, there is a greate conspirasie discoverd against the person of the emperour shonga samma by or of the greatest and powrfullest princes in japon, and is thought many others have a hand in it, and his owne bretheren and nearest kinsmen amongst the rest, and the king of this place not free. soe that it is thought the adverse partie is soe stronge that themperour dare not meddell with them, but will wink at the matter and make peace with them. the hollanders have sent greate store of monies and provition to their fortefication at piscadores, thinking to get trade with the chinas by one meanes or other; which i am perswaded will not fall out to their exspectation, except they take the china junckes which trade to isla fermosa, called by them taccasanga, which is within sight of the piscadores. and the emperour of japon hath geven out his passe or _goshon_ to the chinas to trade to taccasanga, and soe from thence into japon; soe, yf they be medled withall, their is noe staying in japon for them which take them. for the th ultimo edmond sayer, with ric. hudson and hollanders, went from hence towardes edo with presentes to themperour and his councell; and we have adviz from them of their arivall at miaco, and that all men speake ill of them and cry out against them. soe god knoweth whether our presentes will be receved or noe; but we deliver ours apart and doe mentayne we have nothing to doe with them in their plantation at piscadores. of which i thought good to adviz your wors. silk at present is not worth soe much as it was at the arivall of our fleete, yet we have made away most of ours which rested, the presentes being geven out, and trusted it out till the next monson; as the hollanders have donne the like. and our frend andrea dittis, the china capt., still mentayneth that our nation may have trade into china, yf they will, but not the hollanders; which god grant may once take effect. i have not what else to adviz your wors. of, matters standing as they doe; but hope the next monson to com towardes england, god sparinge me liffe and health, and soe leave your wors. with your affares to the holy protection of thallmighty, resting your wors. most humble servant at comand, ric. cocks. to the right honored knight, sr. thomas smith, governour of the east india company, and to the right worll. the committies, deliver in london. per the shipp _elizabeth_, whome god preserve. sent per way of jaccatra. [ ] india office. _original correspondence_, vol. ix, no. . ------------------- the council at batavia to richard cocks.[ ] (_copy._) mr. cox and the rest,-- by the _palsgrave_ and the rest of our shipps of defence, contrary to our expectacon and expresse comission, instead of your personall appeerance in this place, wee have received severall letters from your selfe and the rest, which gives us no satisfaccion for the breach of our comission, neither is therein conteyned any reason of validitie to excuse your so greate disobediance. what mooved you hereunto wee knowe not, but so many yeres should have had so much experience as to knowe what it is to infringe his superiors comition, and certaine wee are that you cannot answere this your transgretion, if wee should call you and the rest soe stricktly to accompt as your neglect deserveth. but wee will suppose that those your proceedinges were more through ignorance then out of any setled purpose of contempt towardes us, and will forbeare to censure you at present, in hoape of your conformetie now at last to our second comission, which wee send heerewith by our loving frend mr. joseph cockram, whome wee have and doe appointe cheefe marchant of the _bull_ for the whole voyage. which shipp wee have nowe made reddy, with no small charge to our employers, purposely to send her unto you, to bring awaye boath your selfe and the rest of the factors, with all the compa. estate remayning there in the countrie, as more particulerly wee have declared in our comission to mr. cockram and instructions delivered to him; heereby straightly charging and comanding, in behalfe of the honble. companie our masters, that, uppon sight heereof, you, mr. richard cock, shall deliver over into the handes and custody of mr. joseph cockram all such monnies, goods, debts, etc., as pertaine to the honnorable compa., our imployers; and boath you, mr. richard cock, wm. eaton, edmond sayre, and john osterwick, shall all and every of you come awaye from thence uppon the shipp _bull_ for batavia; hereby charging you and every of you to fulfill our saide order, as you will answere the contrary at your perelles. the debts which were standing out by your last letters we hope you will have cleired and received them in before this shall come to your hands, knowing the last yere that you are to come from thence. but, if any such debts shalbe yett standing out, it concernes you that made them [to receive them] in before the shipp come awaye from thence. the china nocheda hath two long deluded you through your owne simplicitie to give creditt unto him. you have lived long enough in those parts to be better experienced of the fraudulent practizes of those people, and, although the prejudice which the honnorable compa. have suffered by missing of such greate somes of monney so long, which you have delivered unto him, cannot be recompenced by him, yet it will now be respected and required that you procure all satisfaccon from him for all he owes unto the compa. the king of firando his debt wee hoape you have received, boath all somes of such moment as it behooves you to be carefull and dilligent in the recovering in of them; and, in hoape you will herein sattisfie our expectacon, wee desist further to incite you in this matter. having cleered all busines and gotten the companies estate aboard their shipp, which wee desire may be with all speede convenient, you are to take frendly leave of the king and such other officers as you knowe to be meete, and to deliver over the compa. howse and godownes into the kings hands, to appoint some whome hee shall thincke fitting to keepe the same for the honnorable compas. use, untill such tyme as wee shall send theither againe to repossesse the same. and for all such provitions as wee have given order unto mr. cockram to provide for this place, you are to see them furnished in due tyme, that soe the shipp may take the best season of the monsonn to come awaye from thence. alsoe you are to furnish the shipp with all materialls needefull for her tryming, and eache thinge according to our order given for the perforemance of the busines, and lett the flesh that is to be provided be salted in such a tyme as it may keepe to doe us service. if the full quantetie cannot be provided in dew tyme, then furnish what you cann, for wee will that no busines shall hinder the shipps and your coming awaye from thence in dew tyme to performe her voyage unto this port of batavia. and in case there shall be any debts of vallue standing out which cannot be recovered before your lymitted tyme of coming from thence, and that there be certaine hopes to recover in the saide debts afterward, then you shall followe such order as wee have given mr. cockram for the leaving of a mann there to recover such debts as shalbe remayning and cannot be gotten in as aforesaid. the china menn which you sent to refine the silver returne in this shipp. they have refined only one chist of barr plate for triall, and that wee finde so badly donn that we would not lett them proceede any further. they are not suffitient to performe what they have undertaken, for they spoile all they take in hand; so that what you have agreed with them for is meerely cast awaye and lost to the honnorable compa. wee have payde them no wages heere, which you are to take notice of and reccon with them there according as you can agree with them. wee desire no more barr plate; wherefore the rest remayning, lett it be in _soma_, _seda_, and _fabuck_ plate. but, if there be any such dannger in bringing out the latter, wee desire not to stand to such an adventure. the dutch have greate quantities sent, yet make no such dannger as you write of; wherefore, if you cannot gett it as securely as they, wee must take such as may be procured without such hassarde. camphire which the hollanders buy in such quanteties wee knowe no vend for; yett you may provide twenty cases or tenn _peculs_, which may serve for a triall both for england and mu[su]l[i]pa[tam]; but any greater quantitie then prementioned send not. in this shipp we have laden a small parcell of camphire of barouse, being in all _catts_. if the quantetie be over greate, you may keepe it secrett and receive it ashore by small parcells, as you can sell it. wee would have sent more if wee had byn ascertined of its vend there; but, acording to your former advices, this nowe sent may be too much. what part of it you cannot sell bring back with you, or leave it there with him that stays in the factory, if there be occasion to leave a man there; the ordering whereof, with all other busines, wee have referred to mr. cockram, as aforesaide. we expect to have a reformacion in the lavish expences for the shipps companie. it is the honnorable compa. expresse order that in any port, where refreshing may be had good cheape, they shall not have allowance of above foure flesh meales a weeke and three meales with salt fish or such like to eate with their rice. this order you are to take notice of and to perfoarme the same; neither may you feede the saylors both aboard and ashore, which (as wee are informed) hath byn a common costom with you, to the excescive charg of the honnorable companie, our masters. you write the pursers aught not to be allowed the foure per cento which they bring to accompt for losse in monneys, and referr it to us to abate it. this abatement you ought to have made there, knowing it to be unreasonable, and should not send such matters unto us to decide where the pursers want no excuses for themselfes, and wee cannot contradict them but only with your barr (wee cannot see you [how ?] they can loose so much), which is no suffitient reason. wherefore with this purser of the _bull_ now better examine that busines, and, finding it an abuse by the pursers, abate it uppon mr. watts accompt; and, at your arivall heere, wee will take the like course with the rest or so many of them as are heere remayning. and because the last yere, to serve your owne turne, you made what construction you pleased of our comission for your coming from thence, wee doe nowe iterate our comission in the conclusion of our letter, least, having redd itt in the former part thereof, you should forgett it before you come to thend. wee will and comaund in the name and behalfe of the honnorable compa. of marchants of london trading [to] east india, our masters, that you, mr. richard cock, william eaton, edmond sayre, and john osterwick, shall deliver over into the hands of mr. joseph cockram all monneys, goods, and debts perteyning to the honnorable compa. aforesayde, and shall all and every of you aforenamed come away from japon in the shipp _bull_ for this port of battavia. which our order wee require you to performe, as you will answere the contrary at your perill. and soe, hoping of your conformitie unto the premises, wee conclude with our comendations unto you, and committ you with your affayres to gods direction. your loving frends, richard fursland. thomas brockendon. aug. spalding. batavia, le th of may, ao. . [ ] british museum. _cotton charter_, iii. , f. . ------------------- _coppie of a letter to_ fegeno camme, _the kinge or govr. of ferando in japon, sent by our jurobasso_, coe juan, _to the emperours courte now at meacoe_.[ ] maye yt please your highnes, etc. the th instante heare aryved one of our honnourable companies shipps from batavia uppon the coaste, by whome wee have rec. letters from the honnourable our gennerall and councell of india their resident, whearby wee are strictlie charged and commaunded to recover in all such debtes as wee have abroad, and for a tyme to disolve and leave this factorie and to come awaye, everie of us, uppon this shipp with the first of the moonesone, without any excuse or hinderance theirunto. the which commaund from our said gennerall wee maye not, neither to our powers will, any waye infringe, but doe resolve by the prime of november next to departe hence; whearof wee have thought fittinge in tyme to acquainte your highnes. the reasonns endusinge our gennerall heareunto are many; yet not proceedinge out of any unkinde usage heare in his maties. dominions, but rather in respect of theise followeinge, viz.:-- the dannger of the seas betweene this and batavia, haveinge loste within this three yeares two greate and rich shipps bound for this place. alsoe the smale hopes wee have of procuring trade into china, which hetherto our honnourable companie have with greate charges endeavoured to procure, and partelie uppon those hopes have contynewed theire factorie heare thus longe tyme at no smale expence, hopeinge of better profight then thefect hath prodused. and now, lastlie, the losse of one of our honnourable companies shipps in her voyadge from england, whoe was richlie laden with comodities of our cuntrie, such as, for the moste parte, have beine vendible heare in japon; by which meanes wee reste alltogeather unprovided of goods to supplie this factorie, and theirfore not held requisite or entended longer to be contynewed, unless wee could see better hopes to profight. yet, notwithstandinge, if the next yeare shall produce any better encouradgement, maye then returne againe. uppon which hopes and good expectation wee entend not to sell or put off our howses and godonns; but, accordinge to our genneralls order, to leave them to your highnes, intreateinge they may be kepte for us and repocessed by us, if wee shall returne hither againe. of which your highnes shall have due advice everie yeare. wee have likewise written heareof unto the lords of his maties. councell, a coppie whearof wee send your highnes heare inclosed togeither with the princepall, which, if you finde requesite, maye please to cause to be delivered. and thus, intreatinge to excuse the sendinge this messenger and not comeinge our selves in respect of our short tyme of staye and not being furnished with matterialls needfull to present his maties. councell of japon, we humbly take our leaves, ever restinge your highnes servants to comand, joseph cockram. richard cocks. english factory, ferando in japon, the th julie, anno . [ ] india office. _original correspondence_, vol. x, no. . ------------------- _coppie of a consultation or letters to the lords of his maties. councell of japon, sent by our jurobasso_, coe juan, _to the emperours courte at meacoe for the tyme beinge_.[ ] whearas, with the free consente and licence of his matie. the emperour of japon and many favours of you, the lords of his majesties councell, wee have thus longe contynewed our factorie heare in his maties. domynions in ferando without any molestation or injury offred by any of his maties. subjects, wee are theirfore in all humble mannor bound to acknowledg and render all due obedient thanks for the same. and beinge now by our gennerall and councell of india called from hence, with order for a tyme to disolve this factorie and come all awaye for batavia uppon the shipp now aryved and expreslie sent to that purpose, wee have thought fittinge hearof to acquainte your honnours, that, as wee had firste admittance to settle a factorie heare and to remaine in his majesties cuntry, soe likewise wee maye [have] the like favour now for our departure. the reasonns moveinge heareunto are larglie expressed in our letter to the governour of this place, fegeno camme, from whome wee doe acknowledge to have receaved many curtesies. wee would our selves have beine the messengers hearof, but that our occasions are more urgent heare, the tyme of our staye beinge but shorte for cleeringe our selves out of this cuntry; and theirfore doe humbly crave your honnours pardon, and shall ever remaine obliged to your lordshipps, and reste your lordpps. servants to comd., joseph cockram. richard cocks. english factory, ferando in japon, the th julij, anno . [ ] india office. _original correspondence_, vol. x, no. . ------------------- _coppie of a letter to_ fegeno camme, _the kinge or governour of ferando, in japon, sent by_ richard hudson _to the emperours courte at meacoe_.[ ] maye it please your highnes,-- our laste was of the th julie paste, by our _jurobasso_, coe juan, whome wee sent expreslie with letters unto your highnes and the lords of his majesties councell of japon, makeing knowne unto your lordshipps our order, reced. from the honnourable our genneral and councell in india, for disolveinge this factorie and comeinge all awaye with the firste of the moonsone for batavia; which, god willinge, wee entend to performe with all convenientsie. and to this end wee wrote our former letters unto your highnes and the lords of his majesties councell, theirby craveinge our friendlie departure and excusinge the not cominge our selves nor sendinge any english to take our leaves, in respect of our urgent occasions. all which wee hoped would have prevailed. but, contrarie to expectation, wee understand by tonomonsama, your highnes brother, and others your nobillitie heare, that it is found expedient, and by your highnes required, that wee send an englishman in performeance of this busines, which wee well hoped our _jurobasso_ mighte have effected. and nowe, seeinge yt cannot be otherwise, wee doe now send the bearer hearof, richard hudson, whoe carreth with him certaine small presents for his majesties councell, beinge such as the tyme will aford and our abillitie of meanes strech unto; humbly intreateinge your highnes to further the dispach of this messenger, that he maye returne in tyme to further the dispach of this shipp in our departure. wee have alsoe delivered unto this bearer his majesties _goshenn_, which was grannted us for our free traficke heare in japon, beinge theirunto required by tonomonsama and naygensama, as doubtinge by them yt would be demaunded to be delivered upp unto his maties. councell; but, if convenience yt might be granted, wee would intreat the contynewance of yt in our hands, or otherwise in your highnes custody, that, returninge againe, wee maye have the more freer entrance. and thus, intreatinge your highnes favourable assistance in theis our occasions, wee conclude, hopeinge to see you heare before our departure and take a friendlie farwell. in meane tyme we reste your highnes servants to commaund, joseph cockram. richard cocks. english factorie at ferando in japon, the th august, . [ ] india office. _original correspondence_, vol. x, no. . the end. index. abbot, maurice, deputy e.i.c. ii. . achinese. join the dutch against the portuguese, i. , . adams, mrs. (in japan). i. , , , , , , , ; ii. , , , , , , , . adams, isaac, [? error for joseph] son of will. adams. ii. . adams, joseph, son of will. adams. i. , ; ii. , , , . adams, mary (in england), wife of will. adams. ii. , , . adams, capt. robert. ii. , , , , , , , , , , , , , , , , , , , , , , , , , . adams, susanna, daughter of will. adams. ii. , , . adams, william. _passim_; engaged to the e. i. company, ii. ; voyage to siam, i. ; his estate in japan, i. ; accident to, i. ; voyages to cochinchina, i. , ; ii. , ; his wages, i. , ; ii. ; attacked at sea, i. ; cocks's opinion of him, ii. , ; his influence with the shoguns, ii. , ; death and will, ii. ; goshons belonging to his children, ii. - , ; child at firando, ii. , ; his children, ii. , , ; goods, ii. , , , . adrian, dutchman. i. ; ii, . _advice_, ship. i. , , , , , , , , , , , , , , , , ; ii. , , , , , . aishima, or anushma, island. i. ; ii. . akasawa. ii. , . albartus, capt., dutchman. i. , , , , , , , , , , , , , ; ii. , , , , , , , , , , , . ale, bartholomew, of the _palsgrave_. ii. . alexander, scotchman in the dutch service. ii. . alferis, the two. i. , . alferis, _tuerto_. i. , ; ii. . amida, saint of china. monastery at yedo. ii. . _amsterdam_, dutch ship. ii. , . amy, bongew of cochinchina. i. . ando tushma dono, nobleman. i. , . andrea, host at nagasaki. i. , , , . andrea, will. adams's japanese brother-in-law. i. , , , , , ; ii. , , , , , , , , , . andrea, boatswain. ii. . _angel_, dutch ship. ii. . _ankewsen_, dutch ship. i. , , , . anthony, servant. i. . anthony, king of firando's caffro. i. , , ; ii. . anthony, biscayan. i. ; ii. . antonison, lucas. i. , , , ; ii. . antony, thomas. ii. . apollonario, franciscan. i. , , . arai. i. , ; ii. , , . arima. i. ; christianity in, i. ; rescue of a friar, i. ; troops for, ii. . arima, king of. ii. , , , , . asakusa, near yedo. temple at, ii. . asberry, ----, of the _bull_. ii. . ashiya. ii. ; fire at, ii. . atkinson, richard. i. . _attendance_, english ship taken by the dutch. ii. , , . ava, king of. conquests by, i. . avery, john, purser's mate of the _elizabeth_. ii. . awoe harbour. ii. . badworth, ----. ii. . ball, george, in bantam. i. , , , ; ii. , , , . balle, the king of firando's dog. i. . ballok, dutchman. ii. . bantam. ships trading with, i. , , ; ii. . _bantam_, dutch ship. ii. , , , , , . _bantam, new_, dutch ship. ii. . barker, john. ii. . barker, william, of the _peppercorn_. ii. . barkhout, capt. i. , , , ; ii. , , , , , , . barnardo, capt. ii. , . barns, ----. ii. . barreda, gil de la. i. . bastian, jorge. ii. . bates, ed., of the _palsgrave_. ii. . baylie, john, merchant. dies in japan, i. , , , , ; ii. . beamont, john, in bantam. i. , ; ii. . beedam, ----, of the _elizabeth_. ii. . benita, or bonita, pascual, of nagasaki. i. , , ; ii. , , , , , . bicho, or tushma, servant-boy. i. , ; ii. , , . bingana tomo. i. , , ; ii. , , , , . bizen. ii. . blackcolles, henry, of the _thomas_. i. . blancard, abraham, dutch surgeon. ii. . bogens, or bugins, nicholas, merchant. ii. , , , , , . bongo, or bungo, province of. earthquake in, i. ; christianity in, i. . bongo, king of. i. . bongo sama, or nobesane, king of firando's great-uncle. i. , , , , , , , , , , , , , , , , , , , , , ; ii. , , , , , , , , , , , , , . bongo sama, king of arima. ii. , . bonomon dono, secretary to tonomon sama. ii. . books, japanese. i. . bordeaux. image near, i. . bowles, john. ii. . brockedon, thomas, president of the council of defence. ii. , , , , , ; letter to recall the english from firando. ii. . brook, matthias van der, dutch merchant at firando. i. , , , , , , , , ; ii. , , , , , , , , , . brower, capt. i. ; ii. . browne, ----. ii. . browne, arnold, capt. of the _palsgrave_. ii. , , , . browne, john, at patani. i. , , . buddha. _see_ daiboods. _bull_, ship. ii. , , , , , , , , , , , , , ; mutiny, ii. , . burdock, roger, of the _moon_. ii. . burges, james and robert. i. , , , , , ; ii. . butbee, christopher. ii. . caboques. _passim._ cacazemon, cacayemon, cacayezemon, or cacamon dono, secretary to oyen dono. i. , , , , , , , , , , , , , ; ii. , , , , , , , , , , , , , , , , , , , . caffia dono, goshon seal-keeper. ii. . calicut. nawab detains english goods. ii. . calsa sama, the shogun's youngest son. i. , , , ; reported death of, i. ; rumour of war with his father, i. ; report of suicide of, i. ; his disgrace, i. ; orders respecting, i. . camangare or caminogari. i. . camboja, or cambodia. portuguese banished from, i. , . camps, capt. leonard, dutch merchant at firando. i. , , ; ii. _passim_. canzemon dono, of miaco, lacquer maker. ii. . canzemon sama: new name of tonomon sama. ii. . caravalle, lopes sermiento, capt. ii. . carnaby, ----, master of the _hope_. ii. . carnero, francisco, porter. i. , . carpenter, ----. i. . carwarden, walter. his uncertain fate, i. , ; ii. , , . casanseque or cazanseque, purser or scrivano. suit against, i. , , , , , , , , , , , , , , ; ii. , , , . caseror. i. . castleton, capt. samuel. i. , , . cata ura. i. . catsso dono, kinsman of the king of firando. ii. . cattadomary. i. . catto sama dono, king of iyo. ii. . chambo, chombo, or chamba dono, bongew of arima. i. , , . champon, in siam. i. , , , . chanchew. i. . chapman. ii. , . charles, prince of wales. report of his marriage, ii. . charlton, andrew. ii. . chase, thomas. i. . chauno shozero dono, the shogun's factor. ii. , , , , , , , , . chaw, or tea. cups, etc., i. , ; ii. , , . chimpan, capt. ii. . chimpow, chinaman. ii. , . chimtay, chinaman. ii. . china. negotiations for trade with, i. , , , , , , , , , , , , , , , , , ; ii. , , , , , , , , , , , , , , ; tartar wars, i. , ; death of the emperor and his son, ii. ; succession of emperors, ii. , ; travelling spies sent to watch europeans, ii. ; letters of james i. to the emperor, ii. ; dutch acts of piracy against chinese, i. , ; ii. , , , , , , ; piracy against chinese punished by taiko sama, i. ; english reported taking junks, ii. ; piracy among chinese, ii. ; junks taken by english and dutch, ii. ; cruelties of the dutch to chinese, ii. , . chinese in japan. tiger play and tumbling, i. ; feast of piro, i. - ; complaint against the dutch, i. , ; ii. ; visits on birth of a child, i. ; losses by fire at nagasaki, i. ; visit at the new year, ii. ; fireworks, ii. , . chiriu. ii. , . chisian ducuco, chinese councillor of state. ii. . chongro, capt. ii. . chozamon dono, son of oyen dono of firando. ii. . christians. persecutions in kokura, ii. ; massacre and persecutions at nagasaki, ii. , . christmas, george, purser of the _peppercorn_. ii. , . christopher, german. i. . chubio dono, official at miako, brother of safian dono and uncle of gonrok dono. i. , , , , , , , , , , . chubio dono, host at bingana tomo. ii. , . cleavenger, charles, capt. of the _palsgrave_. ii. , , , , , , , , , . clothworkers' company. letter of cocks to, ii. . clough, john, gunner. i. , . _clove_, ship. ii. . co domingo. ii. , . co john, or coa john, jurebasso. i. , , , , , ; ii. , , , , , , , , , , , , , , . co john, servant of w. eaton. i. , . co john, of goto. i. . co john, of nagasaki. i. . coaker, john. i. ; ii. , , . cochi, harbour of firando. _passim_; buildings at, ii. ; fires at, ii. , . cochinchina. loss of t. peacock in, i. , , , ; ii. , ; trade and communication with, i. , , , , , , ; ii. , , . cockram, capt. joseph. ii. , , , , , , , , , , , , , , , , , , , , , , , , . cocks, john, in staffordshire, brother of r. cocks. i. . cocks, john, in bantam, nephew of r. cocks. ii. , . cocks, richard, head of the english factory at firando. _passim_; journeys to and from yedo, i. - , - ; ii. - , - ; interview with the shogun, i. ; ii. ; journey to and from miako, i. - ; visits to nagasaki, ii, - ; ii. - ; escape from fire, ii. ; correspondence, ii. - ; proposes to return to england, ii. . cocks, richard, son of the host at osaka. i. . cocks, richard, son of maky dono. ii. . cocks, walter, brother of r. cocks. i. , , , , , ; ii. , , , , . cocora, john, cook. i. , , , . codskin dono, secretary to the shogun. i. , , , , , , , , , , , , , , , , , , , , , , , ; ii. , , , , , , , , , , . cofio dono. ii. , , . collins, john. ii. . colston, or coleson, william, purser of the _thomas_. i. , , . comets. ii. , , , , , . comoro isles. action between english and dutch ships at, ii. . cook, john. i. , , , , , ; ii. , . copland, patrick, preacher. ii. . coppindall, ralph, capt. of the _osiander_. i. , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ; ii. , , , ; letter, ii. . coral. highly esteemed in china, ii. . corea. embassy from, i. , , , , , ; ii. , , ; dutch trade with, ii. ; difficulty of trade with, ii. ; sail-carts in, ii. ; medicinal root from, ii. . cornelius: dutchmen so named. ii. , , . couper, barnard. i. . coye, near miako. i. . coyemon dono. ii. . cozucke, sophone. i. . croby dono, of ozaka. i. , , , , , , , , ; ii. , , , , . crozemon dono, of fujikawa. ii. . cude dono. ii. . cuemon, plasterer. ii. . cuemon dono, or grubstreet, host at ozaka. i. , , , , , , , , , , , , , , , , , ; ii. , , , , , , , . cuemon dono, butcher, of nagasaki. ii. , , , , . cugero, japanese sailor. ii. . cuiamon dono, bongew. i. . cuiper, william. ii. . cuishti, japanese sailor. ii. . cujero dono. ii. . cuning, gilbert. i. . curwin, edward. ii. , . cusa, japanese sailor. ii. . cushcron dono. i. , , , , , , , ; ii. , , , , , , , , , , . cutero dono, of totska. ii. . cuze dono. ii. , . cuzemon dono. ii. . cynemon dono, of ozaka. i. . daiboods, or buddha. image at kamakura, i. ; image at miako, i. , ; ii. . dairi or mikado, the. death of goyosei, i. ; ii. ; preparations for his funeral, i. . daravis, salvador. i. , . davies, thomas, carpenter. i. , . dayeynanga sama, the shogun's son. ii. . dead, festival of the. i. . dembo, near ozaka. i. ; ii. . dench, john. i. . denton, adam, chief at patani. i. , , , , ; ii. , , , , . deo dono. his claim to fidaia sama's widow, and death, i. . dickenson, gilbert. i. . dittis, capt. andrea, head of the chinese in japan. _passim._ dittis, augustin, son of a. dittis. ii. , . dittis, ingasha, daughter of a. dittis. ii. . doca, or dono, sama, king of firando. i. , . dodisworth, ed., at surat. i. . dodsworth, harry. ii. , , . domingo: servants and others so named. i. , , , , , , , , , ; ii. , . dorington, george. i. , , , , , . doughtie, ----, quartermaster of the _osiander_. i. . dowriche, george, of devonshire, serving with the dutch. i. , , . driver, john. i. . durois, jonico. ii. . durois, jorge, merchant, of nagasaki. _passim._ dutch, in the east. hostilities with the spaniards, i. , , , , , , , , , , , , , , , , , ii. , , ; hostilities with the portuguese, i. , ; ii. , , , , , , ; attack macao, ii. ; piracy against chinese, i. ; ii. , , , , , , ; cruelties to chinese, ii. , ; piracy under the english name, i. ; hostilities with the english, i. , ; maltreat english, ii. ; capture an english ship, ii. ; fight with the english at sea, ii. - , ; quarrel with the english in the philippine is., ii. , ; trading ships and fleets, i. , , , , , ; ii. , , , , , , , , ; occupy the pescadore is., ii. . dutch, at firando. _passim_; execute a slave, i. ; coin false money, i. ; cast cannon, i. ; build a godown, i. ; extension of warehouses, ii. , ; damage to their shipping, i. ; sailors desert, i. ; unruly behaviour, i. ; chinese complain against, i. ; ii. ; quarrel with the english, ii. , , ; brawl with japanese, ii. , ; execution of a dutchman, ii. ; attack the english, ii. - , ; execution of dutchmen by the japanese, ii. . duzak skidoyemon dono. ii. . earthquakes. in bongo, i. ; at yedo, i. , , , , ; ii. , , , , , , ; at miako, i. ; ii. ; at kusatsu, ii. ; cause of, ii. . east india company. letters to, ii. , , , , , , , , , , , ; treaty with the dutch, ii. . eaton, ----, surgeon. ii. . eaton, helena, daughter of w. eaton. i. , ; ii. , . eaton, william, of the english factory at firando. _passim._ eaton, william, son of w. eaton. ii. . eche dono. i. . echero, or yechero, dono, of ozaka. i. , , , . eclipses of the moon. i. , . ejiri. i. ; ii. , , . elizabeth, princess palatine. news of the birth of her son, i. . _elizabeth_, ship. ii. , , , , , , , , ; mutiny, ii. , . elks, or wild swans. ii. . english, in the east. maltreated by the dutch, ii. ; fight the dutch at jacatra, ii. ; quarrel with the dutch in the philippine is., ii. , ; trade, ii. , , , , , , . english, at firando. _passim_; arrival, ii. ; building, ii. ; prospects and trade, ii. , , , - , , ; colours struck on account of the cross, ii. ; privileges curtailed, ii. , ; withdraw factors from yedo, etc., ii. ; attempt to enlarge privileges, ii. , , , ; privileges extended to nagasaki, ii. ; libellous verses against their friends, ii. ; mutinies on ships, ii. , , , ; fight of dutch and english sailors, ii. ; attacked by the dutch, ii. - , ; build new godown, etc., ii. , , , , - _passim_; attempt on their magazine, ii. ; case of arrests for debt, ii. , , , , , , , , , , , , , , ; fire at cochi, ii. ; recall, ii. ; letters and proceedings on their recall, ii. - . enoquena cambo dono, maky. (lacquer) bongew. ii. . enquese dono, tiler. ii. . essex, countess of. i. . evans, christopher, sailor. ii. . _expedition_, ship. ii. . faccata. english trade with, ii. . faccata, king of. i. , . facheman, servant. i. , ; ii. , . facherozamon dono, of fakuroi. ii. . facie, an englishman at camboja. ii. . facunda, or facondo, near nagasaki. ii. ; fight of portuguese and natives at, ii. . fajardo, don juan de, governor of the philippine is. ii. . fajardo, luis. fight with the dutch, i. . fakuroi. ii. . farnandes, ----. i. . fary, or farie, benjamin, cape-merchant at siam. i. , , , , , . febe or phebe (hémi). will. adams's property, i. , , , . femega, japanese woman. i. . fernandes, diego. i. , . ferrers, john, in siam and bantam. i. , , , , , ; ii. . ferrers, thomas. i. ; ii. . feske dono, host at ozaka. i. . fesque dono, bongew. i. , , . festivals. of the dead, i. , , ; horse-racing and shooting, i. ; ii. ; gonguach guench, i. , ; ii. , ; of sheco, i. ; new-year, i. ; ii. ; of shaka, i. ; ii. , ; of piro, i. - ; for dono sama of firando, i. ; sanguach sanch, ii. ; shonguach, ii. . feze dono, justice at nagasaki. ii. , , , , , , , , , , . fezemon dono. ii. . ficobioy, founder. ii. . ficobuye dono, of ejiri. ii. . fidaia sama (hidéyori), son of taiko sama. defeat and rumours of his fate, i. , , , , , , , , , , , , , , , , ; ii. , , , ; search for his followers, i. , , ; his son put to death, i. ; slaughter of his followers, i. ; one of his followers racked, i. ; his widow re-married, i. ; his daughter a nun at kamakura, i. . figen or hizen, king of. i. , , ; ii. ; ambassador from, i. . figen a sama, or figeno sama, king of firando. _passim_; his debts, i. , , , , , ; ii. , ; attendance on the shogun, i. , , , , ; ii. , , , ; sickness, i. , , , ; ii. , ; meddles with english trade, i. ; goes to ishew, i. ; angry with w. adams, i. ; offended with cocks, i. ; levies taxes, i. , ; threatens to expel the english and dutch, i. ; cocks remonstrates with him, i. ; attack on him, ii. ; the queen-mother, ii. , ; his marriage, ii. , ; his queen, ii. , , ; christianity in his family, ii. , . figeredo caravallo, jeronimo de, portuguese sea captain. ii. . fingo, or higo, king of. i. , ; ii. , . fingo shiquan, rich chinaman. ii. , , , . fiokew, secretary of state in china. letter to him, i. , . fioyemon dono. ii. . fiquira, augustino de. ii. . firando. _passim_; fires at, i. , ; ii. ; false prophecy of inundation, ii. ; harbour blocked, ii. , ; bad anchorage, ii. . firando, kings of. _see_ doca sama; figen a sama; foyne sama. fishing with cormorants. i. . flood, thomas. i. . _flushing_, dutch ship. i. , , , , , . fongo dono, admiral. i. ; ii. , , , , , , . formosa, or tacca sanga, island. designs on, i. ; expedition against, i. ; loss of twan's men at, i. ; failure of attack on, i. ; trade with, ii. , , , , , . foster, james, master of the _clove_. i. . foster, mrs. ii. . fox, host of miya. ii. , . fox, dutch pinnace. ii. . foyne sama, king of firando. his debts, i. ; his conquests in omura, i. ; sickness, ii. . foyne's island. ii. . frederick, surgeon. i. . freman, ralph. i. . french. their armament to aid the spaniards, ii. ; ships at bantam, i. . frost. ii. . frushma, or tushma, tay, prince. i. ; ii. , , ; report of his burning yedo, i. ; reported slain, i. ; said to be rebuilding ozaka, i. . fuco, or fuca, child or servant. i. , . fujieta. i. , ; ii. , . fujikawa. i. ; ii. , . fujisawa. i. , . fukae. i. . furbeshar, ----, carpenter. ii. . fursland, richard, president at jacatra. ii. , , , , ; letter of recall to the english at firando, ii. . fushimi. i. , , , , , , ; ii. , , , , , . gabriel, ----, seaman. ii. . galliard, ----, gunner of the _moon_. ii. . _gallias_, dutch ship. i. , , , ; ii. , , , , , , . galsworthy, christopher, of the _thomas_. i. . ganquan, chinaman at nagasaki. i. . garcis, jarvasias. ii. . garland, philip. ii. . garrocho de la vega, pablo, capt. i. , , , , , , , , , , , , , . geemon, dono, king of firando's man. ii. . gembio, founder. ii. . gembio dono, of shinagawa. ii. . gendoque dono, of uringo. ii. . genemon dono, admiral at firando. i. . genemon dono. ii. , . genta, genshe, gensero, or gentero, sama, the king of firando's youngest brother, adopted son of bongo sama. i. , , , , , , ; ii. , , , , , , , , , . gerosaque, will. adams's man. i. . gibatch, japanese sailor. ii. . gifio dono, servant of tozayemon dono. i. , ; ii. , . gilbert, thomas. ii. . ginemon dono, of kanagawa. ii. . gingro, will. adams's clerk. i. . ginushma. ii. , . giquan, capt. i. , , , , , , , , , , , , , , ; ii. , , . giquan, chinaman. i. . gizamon dono. i. . goa. new viceroy, i. . goblen, john. i. . _godspeed_, junk. ii. , . gold fish. i. , , ; ii. , . gonguach guench, festival. i. . gonosco, or gonosque, dono, bongew of firando. i. , , , , , , , , , , , ; ii. , , . gonosko dono, father-in-law of ushanusque dono. ii. . gonrock dono, governor of nagasaki. _passim_. gonsalves, alvaro. ii. , , , , . gonsolva, portuguese. i. . goquan, chinaman. ii. , , , , . goresak dono. ii. . goresak, japanese sailor. ii. . goresano, or gorezano, john, jurebasso. i. _passim_; ii. , , . gota shoyamon dono, minter. i. , . gota zazabra dono. i. , , . gotad, chinaman. i. . gotarro. ii. . goto island. i. , , ; ii. , , , , ; chinese goods at, i. ; king of, i. , , , , ; ii. , . goto, town of. burned, i. . goulding, john, of the _elizabeth_. ii. . gourden, william, master of the _hound_. ii. , . gourney, or gurney, john, of siam. i. , , , , , , , , ; ii. , . grant, nicholas. i. . gray, ----, caulker. ii. . green, lawrance. i. . greenwell, william. i. . griffin, peter. ii. . groboye dono, of okabe. ii. . groby dono. ii. , , , , . grubstreet. _see_ cuemon dono. guarian ushenusque dono. ii. . guenche or guenchque. _see_ tonomon sama. guinia, martin de, portuguese captain. i. , . guzano, pedro. ii. . _haarlem_, dutch ship. ii. , , . hachiman, god of war. _see_ otongo. hakone. i. , ; ii. , , . hall, peter. i. . hamamatsu. i. ; ii. , , , . hang-chow. i. . hara. i. . harmonson, derick. ii. . harod, joan. ii. . harod, thomas, of the _palsgrave_. ii. , , . harris, edward, boatswain of the _peppercorn_. hanged, ii. , . harris, william. ii. . harrison, william, treasurer e.i.c. ii. . hatch, arthur, preacher. ii. , , , , , , , . hawley, robert, surgeon. i. , ; ii. , , , , , , , , , . hawtery, john. i. , , , , , . heath, thomas, carpenter's mate. i. , . heath, thomas, gunner of the _advice_. i. , . _hector_, ship. i. . henrikson, john. ii. . henry, prince of wales. i. . hermosa island. i. . hewet, sir thomas. i. . hewet, sir william. i. . hidétada. _see_ shongo sama. hidéyori. _see_ fidaia sama. hidéyoshi. _see_ taiko sama. hirado. _see_ firando. hirakata. i. , . hix, alexander. ii. . hobson's choice. ii. . hôgo. ii. , . hongo, chinaman. i. . _hope_, ship. ii. , , . _hope_, dutch ship. ii. , , , . houlden, ----. ii. . _hound_, ship. taken by the dutch. ii. , , , . howdane, ----, capt. of the _swan_. ii. . _hozeander_. see _osiander_. hudson, richard, of the english factory at firando. i. ; ii. , , , , , , , , , . hughes, hugh, of the _thomas_. i. . humphrey, john, of the _palsgrave_. ii. . hunt, john, master of the _osiander_. i. - _passim_. icana sama. ii. . ichemon dono. ii. , . ichezayemon dono. i. ; ii, . ickquam, chinaman. ii. . ikanoura. i. , , . ike dono, of satsuma. i. ; ii. . ikshiu island. hot baths. i. , ; ii. , , , . imatds. i. , . imory. ii. , , , , . incobe. ii. . _indraught_, dutch ship. ii. . inga dono, chief justice of japan. i. , , , , ; ii. , , . ingoti. i. . ireland, francis. ii. . ishew. _see_ ikshiu. ishia dono, of minakuchi. ii. . ishiais taffio dono. ii. . ishibe. i. ; ii. , . ishiyakushi. ii. , . ishon dono, king of firando's physician. i. , . ismo dono, noble of satsuma. ii. . ita, slave. ii. . itamia migell dono. ii. , , , , , , , , , , . itamia quenusque dono, councillor of the shogun. ii. , , , , . ito stizemon dono, poet or singer. ii. . ito yoguiche dono. i. . ive, john. ii. . iyéyasu. _see_ ogosho sama. iyo, king of. ii. . jacatra, in java. ii. , , , . _jacatra_, dutch ship. i. , , , , . jacob, dutch caulker, who came into japan with will. adams. i. , . jacobe dono, clerk. ii. . jacobe dono, boatswain. ii. . jambi, in sumatra. ii. , . james i. of england. letter and present to the shogun, i. ; his letter translated, i. ; the same unanswered, i. , ; letters to china, ii. , . james, edward, i. , . _james royal_, ship. ii. , , , , , , . japan. _passim_; policy of the shoguns to the tonos, i. , , , ; ii. , , , , , ; natives fond of change, ii. ; dispute with japanese sailors from england, i. ; trading company of native merchants, ii. , ; provisions and products, ii. , . jaques, dutchman. ii. . jaquese, servant. i. , . jeamon dono. ii. . jeffrey, or jeffery, a boy servant. i. , , , ; ii. . jehan, a scribe. i. ; ii. . jembio dono, founder. i. . jembio dono, of hakone. ii. . jenchero, or jenquero, dono, glover and shoemaker. ii. , . jenkese, or jenquese, will. adams's man. i. , ; ii. , , , , , , . jenkyn. i. . jensamon dono. ii. . jenza, japanese sailor. ii. . jesuits and friars. feeling and proclamations against them, i. , , , ; banished, ii. ; search for, ii. , ; embassy of spaniards ordered away, i. ; ii. , ; priests in omura, i. , ; ii. , ; execution in omura, ii. , ; case of prisoners at firando, ii. , , , , , , , , , ; executions at nagasaki, ii. . joco conde dono. i. . john dono. i. , . john japon, jurebasso. i. , , , , , , , , ; ii. , , , , , , , , . johnson, john, in siam. i. , , , , ; ii. . johnson, john, dutchman. ii. . johnson, john, van hamburg. beheaded, ii. , . johnson, piter, master of a junk. i. , . johnson, william, merchant. i. . johnson, william, master of the _jacatra_. i. . johnson [janson], william (sometimes called john), admiral of the dutch trading fleet. ii. , , , , , , , , , , , , , , , , , , , . johnson, william, master of the _haarlem_. ii. . jones, john. made prisoner by the dutch, ii. , . jones, morris, surgeon. i. , , , . jones, robert. ii. . jorge, a caffro. i. . joseph, general benjamin. slain, ii. . jourdain, or jourden, john, president of the indies, at bantam. i. , , , , , , , , , , , , , , , ; ii. , , . jourdain, john, at patani. ii. . joyemon dono. ii. . jubio dono, servant of the king of karatsu. i. , ; ii. , , . kakegawa. i. , ; ii. , . kamakura, ancient city. i. , . kambara. i. , ; ii. , . kameyama. i. . kaminoseki. i. , , ; ii. , . kanagawa. i. ; ii. , , , . kanaya. ii. , , . karatsu, king of. i. , , ; visits firando, i. , , . karatsu, nobles of. ii. . kawasaki. i. . keeling, capt. william. i. , , , , ; ii. , , , . keemon dono. i. . kenuske dono, councillor of the shogun. i. . king, richard. i. , ; ii. , , , , , , , , . kitskin dono. i. , ; ii. , , , . kokura, king of. i. . kokura, persecution of christians in. ii. . kuanon. temple of, at asakusa, ii. . kuanto. ii. . kusatsu. i. ; ii. , ; earthquake at, ii. . kuwana. i. ; ii. , , . ladrone isles. i. , . lake, evan (yewen), of the _advice_. i. . lamb, john derickson, dutch general. i. , , , , , , , , , , , , , , , , , ; ii. . languay. _see_ nagoya. lanman, christopher. i. ; ii. . lansman, or roman, vincent, dutchman. ii. , . larkin, robert. ii. . laurenso. _see_ sanzero. lawrance, w. nealson's boy. i. . lawrance, r. cocks's boy. ii. , , , , . leangu, lengow, or liangowne, a chinaman. i. , , . lefevre, capt., dutchman. ii. , , , , , , , . legg, william, of the _bull_. ii. . lennis, edmund, capt. of the _elizabeth_. ii. , , , , , , , , . leon. ii. , , . lester, james. ii. . lezeamon, dono, sea bongew. ii. . lievana, juan de. made prisoner by the spaniards, i. - _passim_, , , ; ii. , . _lion, black_, dutch ship. i. , , , . _lion, red_, dutch ship. i. , . lisomon dono. ii. . littell, james. ii. , , , . lock, clement, sailor. ii. . loochoo, or liu kiu, islands. i. , , ; ii. , , . lopas, francisco. ii. , . lubbertson, euert. ii. . lues, spanish tailor. ii. , . luis, vilango. i. , , ; ii. . luisa dono, wife of cuemon dono. ii. . macao. portuguese ships from, _passim_; possibility of its capture, ii. ; attack on, by dutch, ii. . macassar. ii. , . machado, garcia, of macao. ii. . magazemon dono, host at miako. i. , , , , , , , , , ; ii. , , , , . magdalena maria, japanese sister-in-law of will. adams. i. , , ; ii. , , . magnafen dono, host at miako. i. . maky (lacquer) dono. i. , , , , , , ; ii. , , , . maky shozemon dono. ii. . malacca. fighting between portuguese and dutch at, i. , . malconty, jasper. ii. . mallabar, francisco. ii. . mangosa dono. i. . mangusque, servant. ii. . manillas. _see_ philippine islands. manners and customs. caboques, _passim_; naming a child, i. ; ii. , ; changing names, i. ; ii. ; chinese house-warming, i. ; japanese house-warming, ii. , ; change of houses, ii. ; fishing, i. , , ; hunting, ii. ; picnicing, ii. ; plays by men and boys, ii. ; selling a debtor, i. ; one causing another's death to die himself, ii. ; law against killing oxen, ii. ; letter to a man who is dead, ominous, ii. ; cutting the hair as a disgrace, i. ; ordeal by fire, ii. , ; burial, i. ; ii. , . _see also_ punishments. mansho, jurebasso. i. . marcus, german. i. . maria, japanese woman. ii. . marin, damian. made prisoner by the portuguese, i. - _passim_; ii. , , . martin, japanese, i. . martin, balthazar. ii. . martin, james. ii. , . martin, luis. i. , , , , , ; ii. , , . martin, nicholas, jurebasso. i. , , ; ii. , , , . massamone, or massamoneda, dono, father-in-law of calsa sama. i. , , , ; ii. , . matabio oye dono, host at oiso. ii. . matasabra dono. i. . matinga, japanese woman. i. _passim_; ii. , , , , , , , , . matobio dono, of oiso. ii. . mats, boy. i. , . mats dayre cunay dono, king of bizen. ii. . matsin, or matzera, dayre yemon dono, councillor of the shogun. ii. , . mattem dono. i. . matzera crodze sama. _see_ sangero sama. medina, capt. i. . mia nots. i. . miako. i , , , ; ii. , ; temples and monuments at, i. - ; ii. ; earthquakes at, i. ; ii. . miako, in cochinchina. ii. . micarna camme sama, the shogun's grandson. i. . middleton, capt. david. i. , . migmoy, or macchiavelli, a japanese trader. i. , , , , , , . miguel, corean jurebasso. i. , , , , , , , ; ii. , , , . miguel, the tico. i. , , . mihara. ii. , , . minakuchi. i. ; ii. . minema soyemon dono. ii. . miracle. i. . misaki. i. . mishima. i. , ; ii. , , . missaka. i. ; ii. . mitske. i. , ; ii. , . miya. i. , ; ii. , , . moluccas, the. reported hostilities between the dutch and spaniards, i. , , , , , . mon, boy. i. , . mon, or man, slave. ii. , , , , , . _moon_, ship. ii. , , , , , , , , , , , . _moon, new_, dutch ship. i. ; ii. . _moon, old_, dutch ship. i. . moore, john. ii. , . morano cofioze, singer. ii. . moreton, matthew, master of the _peppercorn_. ii. , , . morgan, william, of the _elizabeth_. ii. . moro, mouro, or muru. i. , ; ii. , . mortaza ali i. . moure, john, boy. i. . muki. i. . munden, john, capt. of the _bull_. ii. , , , , , , . muños, alvaro. _passim._ musioyen dono, bongew of goto. i. . _muyen_, or _mogen_, dutch ship. ii. , , , , , , , . nacafaroya genimon dono, of odawara. ii. . nafa, in liu kiu islands. ii. . nagasaki. ravages of small-pox at, i. ; christianity in, i. ; blockaded, i. , ; fire at, i. , ; japanese traders at, ii. ; capacity for commerce, ii. , ; destruction of churches and monasteries in, ii. ; massacre of christians, ii. . nagoya, or languay. i. , , , ; ii. , , , , . narami. i. . naygen sama. ii. . nealson, william, of the english factory at firando. _passim._ neve, john, purser of the _moon_. ii. , . _new year's gift_, ship. i. . new spain. japanese expelled from, ii. . _new zealand_, dutch ship. ii. , . neyemon, or neamon, dono, merchant at yedo. i. , , , , , , , , , ; ii. , , . nicoles, or nicolles, william, agent at malaya. ii. , , , . niquan, chinaman. i. , , , , , , , , ; ii. , , , , , , , , , . niquan, of nanking. ii. . nobesane. _see_ bongo sama. nobeske dono. ii. . noise of trumpets. i. ; ii. . nomozaky island. i. . north-west passage from japan. will. adams's views, ii. , , , . nubery, mall. ii. . numadsu. ii. . odawara. i. , ; ii. , , , . offley, robert. i. . ogosho sama (iyéyasu), shogun. born at okazaki, i. ; ii. ; defeats fidaia sama (hidéyori), i. , ; ii. , , ; sues for the title of kwambakku, i. ; rumour of war with his son, i. ; conversation with will. adams on the hatred of spaniards and dutch, ii. , ; report of sickness, i. , ; his treatment of his physician, ii. , ; report of his death, i. , , ; ii. ; his death, i. , ; his shrine at miako, ii. ; his tomb at yedo, ii. ; his anniversary, ii. , ; tomb of his son, ii. . oigawa. ii. . oiso. i. , ; ii. , , , . okabe. ii. , . okazaki. i. ; ii. , . okebank, philip, of the _moon_. ii. . ompera. i. . omura, or umbra, province of. ii. , , , , , ; conquests in, by foyne sama, i. ; christianity in, i. , ; priests seized and executed, i. , , . onshma island. ii. . oque dono. ii. . ordnance. japanese method of casting, i. ; castings, lists, etc., i. , , , , , ; ii. , . orengawa. i. , , , , . _osiander_, or _hozeander_, ship. i. , , , , , , , , , , , , , , , , , . osterwick, john, of the english factory at firando. _passim._ otonagen dono. i. . otongo fachemon (ojin tenno, or hachimon), god of war. temples at yedo, ii. , , . otsu. i. , , ; ii. . otto, matinga's maid. i. , , ; ii. , . otto dono, councillor of the shogun. i. , ; ii. , , , , . owen, ----, surgeon. ii. . oyen dono, secretary to the king of firando. i. , , , , , , , , , , , , , , , , , , , , , , , , , , , ; ii. , , , , , , , , , , , , , , , , , . oyen dono, secretary to the shogun. i. , , , , , , , , , , , , , , , , , , ; ii. , , , , , , , , , , , , , , , , , , . ozaka. i. , , , , , ; ii. , , , , ; captured by iyéyasu, i. , ; ii. ; great slaughter at, i. ; rebuilding of, i. , ; ii. ; fortification of, i. ; trade with, i. ; fire at, i. ; executions at, i. ; explosion at, i. . _palsgrave_, or _palsgrove_, ship. ii. , , , , , , , , , , , , . palle, father of yoshiemon the bonze. ii. . parsons, benjamin, surgeon of the _advice_. i. . patani, in malaya. dutch trade with, ii. . paul, servant. ii. , , , . paul dono, gunpowder man at nagasaki. ii. , , , , , , , , . payne, michael, carpenter of the _samson_. ii. , . peacock, tempest. killed in cochinchina, i. , , , , ; ii. , , , , . pedro, porter. i. , . _peppercorn_, ship. ii. , , , , , , , , . pepwell, capt. henry. ii. . persia. english factory in, ii. . pescadore islands, near formosa. ii. ; occupied by the dutch, ii. , , . petersen, john, dutchman. ii. . peterson, james. ii. . pheby, john. i. , , ; ii. , . phesemon dono. ii. . pheze dono. ii. . philippine islands. english and dutch trade and shipping to, i. , ; ii. , , , , , , ; capture of shibou, i. ; hostilities between the dutch and spanish, i. , , , , , , , , , ; ii. , , ; japanese to be banished from, ii. ; quarrels of the english and dutch, ii. , . pinta, woman. ii. . piro, or pilo, festival of. i. - . pitts, richard, in siam. i. , , , , ; ii. , , . portent in england. ii. . portis, or porteous, john. ii. , , , , , , , , . portuguese, in the east. shipping from macao, i. , , , , , , , , , ; ii. , , , , , , , , , ; hostilities against the english and dutch, i. , , , , ; port. junk taken by the dutch, i. ; ii. , , ; fight with dutch at malacca, i. , ; banished from camboja, i. , ; quarrel with w. eaton in satsuma, ii. , ; fight with dutch ships, ii. , , , ; action of an english with a port. ship, ii. ; port. ship taken by the english and dutch, ii. ; dutch attack on macao, ii. ; restricted trade with japan, ii. , . potatoes. first planting of, in japan, i. ; sent from the liu kiu isles, ii. . priapus, japanese. altar of, i. . price, robert. ii. . pring, martin, captain of the _james royal_. ii. , , , , , , , , , . privileges of the english in japan. curtailed, ii. , ; copy of, ii. ; attempts to enlarge them, i. , , ; ii. , , , , . puchin, st. image of, i. . puloway island. expulsion of english by the dutch, i. , , , . punishments. executions by cutting, i. , , , ; ii. ; crucifixion, i. ; roasting a thief to death, i. ; execution of thieves, ii. ; imprisonment by proxy, ii. ; burning of jesuits, etc., ii. ; a slave executed by the dutch, i. ; dutchmen beheaded by the japanese, ii. , ; a dutchman beheaded for killing an englishman, ii. ; an englishman hanged for killing a dutchman, ii. ; runaway english sailors hanged, ii, ; flogging and salting a slave of the english, i. ; flogging and salting english sailors, ii. . quannow. _see_ kuanon. quanto. _see_ kuanto. quiamo dono. i. . quiemon dono, barkman. ii. . quitamare. ii. . rappado, barber. i. . ravelles, or ravello, gonsalo, portuguese. ii. , , . refwen dono, king of firando's steward. i. . rigote, diego farnando. i. . riyoyets dono. ii. . roane, john. hanged for murder, ii. , . robin, scotchman. i. . robinson, ----. ii. . rocha, bartholomew de la. i. . rodrigos, emanuel. ii. , , . roquan, chinaman. i. . _roquan_, junk. ii. . rowe, richard, master of the _thomas_. i. , , , , , , , , , , . sackay. i. , ; ii. ; destroyed, ii. ; rebuilding of, i. . sacky bingo dono, governor of the shogun's son. ii. . saco dono, magistrate of nagasaki. ii. . sada dono, father of codgkin dono. i. , ; tomb at yedo, ii. . sadaye dono, secretary to the governor of ozaka. i. . sadler, francis. i. , . safian dono, governor of nagasaki. i. , , , , , , , , , , , , , , , , , , , , , , , , , , , , ; ii. , , . _st. michel_, french ship. ii. . salinas, miguel de. i. , , . sammabash. i. . _samson_, english ship taken by the dutch. ii. , , . sanfort, melchor van. i. , , , . sangero, cook. ii. . sangero sama, son of foyne sama, king of firando. i. , , , , , , , , , , ; ii. , , , , , ; his name changed to matzrea crodze sama, ii. . sangusque dono, of chiriu. ii. . sannemon dono. ii. . sanquan, chinaman. ii. . sanquishe dono. ii. , , . sanshero, japanese sailor. ii. . _santa cruz_, dutch pinnace. ii. . sanzero, or laurenzo, slave of the english. i. . sanzo dono. i. . saquemon dono, magistrate at nagasaki. ii. , . saris, george. i. . saris, capt. john. i. , , , , , ; ii. , , , . sars, john, sailor. ii. . satsuma, province of. prospect of trade with, i. , , ; ii. ; nobles of, i. , ; disturbances by disbanded soldiers, i. ; ambassador from, ii. , ; priests seized in, ii. . satsuma, king of. i. , , , , , , , , ; ii. , ; visits firando, i. , , , , ; detained at court, i. ; war preparations, i. ; rebuilding ozaka, i. ; report of intending war against the shogun, i. ; friendship to the english, i. , , ; ii. , ; favours the chinese, i. . savidge, george, in camboja. i. , ; ii. , . sayemon dono, of kambara. ii. . sayemond, scullion. i. . sayers, edmund, of the english factory at firando. _passim._ scongero dono. i. . scott, cornelius, pilot. ii. . _sea adventure_, junk. i. , , , , , , , , , , , , , , , , , , , , ; ii. , , , , , , , , . sebastian, king of portugal. comet seen at the time of his death, ii. . sebeoye dono, of ozaka. ii. . seden, of mishima. ii. . seezamon dono, timber man. ii. . seki. i. ; ii. , . semi dono, minister of the king of firando. _passim._ sesque dono. ii. . seto. i. ; ii. , , . seyemon dono. ii. . sewall, francis. i. . sewall, william, of coventry. i. . shaka, festival of. i. ; ii. . shanks, henry, gunner. i. , , , ; ii. . sharpe, ----. i. . shashma. _see_ satsuma. shebe dono, son of cuemon dono. ii. . sheco, festival of. i. ; ii. . shemash, or shimash, dono, governor of ozaka and grandson of iyéyasu. i. , , , ; ii. , , . shengro, japanese sailor. ii. . sheningaua. ii. . shepperd, john. i. . shequenogize. ii. . sheraish island. ii. , . sheroyemon dono. ii. . shesque dono. ii. . shezemon dono. ii. , , , . shezero, caboque. i. , . shezque dono, father of sugien dono. i. . shibou, in the philippine islands. capture of, i. . shikoku. envoy from, i. . shimonoseki. i. , , , , ; ii. , , , . shimotsai. ii. . shinagawa. ii. , , . shinso dono. ii. . shippard, john. i. , , . shiquan, chinaman. ii. , , , . shisque, or shiske, dono. i. ; ii. . shobick, capt. i. . shobioye dono. ii. . shoby dono. i. , , , . shofan dono, physician. ii. . shongo dono, admiral. i. , , , , , , , ; ii. , , , . shongo sama (hidétada), shogun. reported death, i. ; succeeds his father, i. , ; receives the english deputation, i. , ; report of his intentions against christians, i. ; goes out hawking, i. ; ii. ; sends presents to the emperor of china, i. ; fails to control the tonos, i. ; offended with the dutch for piracy, i. ; decision on the complaint of the chinese against the dutch, i. ; letter and present to, from james i., i. ; death of his daughter, i. ; visit of his brothers, i. ; presents to cocks and adams, i. ; report of his death, ii. , ; rumour of his retirement, ii. ; his daughter betrothed to the dairi, ii. , ; rumour of wars with his uncles, ii. ; curtails the privileges of the english, ii. , ; copy of privileges granted by him, ii. ; expected title from the dairi, ii. , ; his enmity to christians, ii. , ; conspiracy against him, ii. . shonguach, festival of. ii. . shono. i. . short, richard, master's mate of the _moon_. ii. , , , . shosque dono, king of firando's chamberlain. i. , , , , , , ; ii. . showan dono, physician. ii. . shoyemon dono. ii. . shoyemon dono, master of the caboques. ii. , . shrongo sama, the shogun's eldest brother. his house, ii. . shroyemon dono, of ozaka. i. , , , , , . shushro dono. ii. . siam. shipping and trading with, i. , , , , , , , , , , , , , , , , ; ii. , , , , , , , , . sichsaymon dono. ii. . sifian dono, bongew. i. , , , , , , , . silva, don jeronimo de, governor of the philippine is. ii. . silva, don juan de, governor of the philippine is. i. , , , , , . simon, jurebasso. i. , , , . sinda dono, of sackay. i. , , , . sinemon, carpenter. ii. . sinemon dono: new name of sinze, barkman. i. . sinzabra, boatman. i. . sinze. _see_ sinemon dono. skengero dono, of miako. i. , ; ii. , , , . skeyo, scullion. i. , , . skiamon dono. i. , , , , ; ii. , . skidayen dono, chief justice at nagasaki. ii. . skidayen dono, secretary to gonrock dono. ii. , , , , , , , . skidayen dono, trader. i. , , , , , , , , , , , , , , ; ii. , . skirako. i. . skite, or skeete. i. , , . skozemon dono, of yoshiwara. ii. . skrayamon dono. i. . slany, humphrey. i. . slaves or apprentices. i. , , , ; ii. , , , , . smart, abraham. ii. , . smith, a staffordshire man, cook of the _moon_. ii. . smith, harry. ii. . smith, henry, purser of the _royal james_. ii. , . smith, sir thomas. i. , , , , , , , , ; ii. , , , , . smith, lady. lacquer ware for, ii. ; trade venture, ii. . snow. heavy fall, ii. . sobioque dono, secretary to gentero dono. ii. . soca sama. ii. . sofa, sofo, or sofy, dono, a bonze. i. , , , . sofo dono, physician. ii. . sofo sama. ii. . soka dono, of faccata. ii. , , , . somner, thomas, of the _thomas_. i. . sonchio dono. ii. . soude giemon. ii. . soyemon dono, king of firando's steward. i. , , , , , , , , , , , , , , , , , , , , , , , , , , , , ; ii , . soyemon dono, of kanaya. ii. . soyen dono, of nagasaki. ii. . sozero dono, of arai. ii. . spalding, capt. augustine, one of the council of defence. ii. , , , ; letter of recall to the english at firando, ii. . spaniards, in the east. reported embassy to japan, i. ; hostilities with the dutch, i. , , , , , , , , , , , , , , , , ; ii. , , ; loss of a ship off satsuma, i. , ; ships in satsuma, ii. , ; privateer at tsushima, ii. ; trade with japan, ii. . speck, jacob, head of the dutch in japan. _passim_. starkasse, harry. i. . stibio, or quedoquea stibio, dono, of suruga. i. , ; ii. . sticamon dono, king of firando's jester. i. . stroyemon, or shroyemon, dono, bongew. ii. , , , , , , , , , , , , , , . sua. ii. . suffolk, earl of, lord treasurer. i. . suga dono, chief justice at yedo. ii. . sugian, or sugien, dono, of omura. i. , , , , , , , , , , , , , , ; ii. , , , , , , . _sun_, dutch ship. i. , , , , , , , ; ii. , , , , , . _sun, new_, dutch ship. i. ; ii. . sunega, pedro de. _see_ zuñiga. surat. report of massacre of english at, i. . suruga, or shrongo. i. , ; ii. , . susanna, servant. i. , ; ii. , , , , . swager, jacob. i. , , , , , , ; ii. , . _swan_, english ship taken by the dutch. i. ; ii. , , , , , , , . sweetland, william. i. , , , . syen dono, governor [of firando ?]. i. . synemon dono. i. , ; ii. , , . tabilo, or tabola, island. i. ; ii. , , , , , , , , , , . tacca sackey, or taccasanga. i. , . taccamon dono, chief justice at firando. _passim_. tachemon, cook. ii. . taffian dono, codgkin dono's secretary. i. . taffy, or taffio, dono. ii. , , , . taiko sama (hidéyoshi). his siege of odawara, i. ; punishes piracy, i. ; his tomb at miako, i. , ; designs on china, ii. . tanares, luis. ii. . tangano. i. . tango dono. ii. . tansho sama. i . tasquey. ii. . tayamon dono, master carpenter. i. , ; ii. , , , , . tea. _see_ chaw. _thomas_, ship. i. , , , , , , , ; ii. . thomas, cook. i. . thomas, rowland, purser of the _osiander_. i. , , , , , . thornton, ----. ii. . ticham, or tykam, shafno, councillor of state in china. communication with him, i. , ; ii. , . tiquan, sailor. ii. . toba. ii. . tobacco. order for its destruction, i. . tobio dono. ii. , , , , , . tobioye dono, garden bongew. ii. . tomari. ii. . tomas, jesuit. i. . tomas, japanese padre. ii. . tome, servant or slave. i. , , , . tome, of nagasaki. ii. . tome, or tome dono: jurebassos so named. i. , , , , , ; ii. , , , , , , , , . tome dono, of firando, papist. i. , , , , , , , , , , , . tome dono, jurebasso to massamone dono. i. , . tome dono, barkman. i. . tome sama. another name of figen a sama, king of firando, ii. , . tomu in bingo. _see_ bingana tomo. toncha sama. ii. . tonomon sama, or guenche sama, eldest brother of the king of firando. _passim_; his name changed to canzemon sama, ii. . tonquin. i. ; ii. , , . toraga, or torage. i. , . torazemon dono. i. , , , , , , , , , , , ; ii. - _passim_. torosacka, will. adams's man. ii. . torres, jeronimo de, viceroy of goa. i. . _tortola_, dutch ship. ii. , . totska, or todska. i. ; ii. , , . totton, john, master of the _advice_. i. _passim_; ii. , . totty, john, sailor. ii. . toyamon dono, of yedo. i. . tozayemon dono, host at sackay. i. - _passim_; ii. - _passim_. tozemon dono, of numadsu. ii. . tozo dono. ii. . trebioye dono, bongew. ii. , . trees. i. , , , , , , , ; ii. . _trowe_, dutch ship. ii. , , , , . trumpeter, ----. ii. . tsuchiyama. i. ; ii. , . tsushima island. i. , , , , ; ii. , , . tsushima, king of. i. ; ii. , ; tribute of, a root, ii. . tsuyasaki. ii. . tuestro, japanese sailor. ii. . turbervill, robert, of the _elizabeth_. ii. , . turner, peter, i. , . tushma. _see_ tsushima. tushma, boy. i. . tushma dono, councillor of the shogun. i. , , ; ii. . tushma tay. _see_ frushma tay. twan, tuan, or towan, dono, of nagasaki. i. , , , ; ii. ; expedition by his son against formosa, i. ; privateering on the china coast, i. ; return of his ships from formosa, i. ; accusations against him, ii. ; disgraced, ii. . ucana came, of satsuma. ii. . umbra. _see_ omura. ummea ichazemon dono, of hamamatsu. ii. . unagense dono, captain-general of firando. i. , , , , , , , , , ; ii. , , , , , . uncam, bongew of a junk. i. . underwick, luke. ii. . _unicorn_, ship. ii. , , , , . unquan, chinaman, i. , . uquese dono, tiler, ii. , . ushenusque dono, bongew. i. , , , , , , , , , ; ii. . utsymado. _see_ woshmado. valche, henrock, capt. of the dutch _hope_. ii. . vasconcellos, diego de, viceroy of goa. i. . vaux, ----, dutchman. ii. , . vries, or vryz, derick de. i. , , , . vrolick, james. ii. . wacange sama, the shogun's son. ii. . waddon, or wadden, peter. i. , , ; ii. . watkins, david. ii. . wattary. ii. . wattes, richard, purser of the _bull_. ii. , , . weamon dono. ii. . wedmore, richard, master's mate of the _advice_. i. , ; ii. , . westby, richard, in bantam. i. , ; ii. , . westerwood, adam, dutch commander. ii. , . whaw, or whow, chinese trader at nagasaki. _passim._ white, ----, of the _bull_. ii. . white, daniel, purser of the _palsgrave_. ii. . wickham, son of the host of ozaka. i. ; ii. . wickham, richard, of the english factory at firando. _passim_; letter, ii. . widger, ----, of the _thomas_. i. . wigen a dono, son-in-law of iyéyasu. his death, i. , . wilkyn, purser's mate of the _james royal_. ii. . william, dutchman. ii. . williams, hugh. ii. , . _willing mind_, junk. ii. . wilmot, edmund, purser of the _advice_. i. , , , , , , , , ; ii. . wilson, ----, master's mate of the _thomas_. i. . wilson, nicholas, of the _advice_. i. . wilson, ralph. i. , , , , , , . wilson, sir thomas. ii. , , . wilson, thomas, e.i.c. i. , , , ; ii. . woamon docka. ii. . woman dono. i. , ; ii. , . woshmado, or utsymado. i. , . wotto dono, councillor of the shogun. i. , . wrine, james, preacher. ii. . wyamon dono, will. adams's man. ii. , , , . xaxma. _see_ satsuma. ximenes, hernando. i. , , , , , , ; ii. , , , , , , , . yada, or yode, dono, of yedo. ii. , , . yadeo, or yadayo, dono, partner of neamon dono. i. ; ii. . yamanda sinimon dono, of yoshida. ii. . yarmans, capt. of the _gallias_. ii. . yasamon dono, master of a junk. i. . yasimon dono, or zanzabar. i. - , _passim_, ; ii. , , , , , , , , , , , , , . yasimon dono, clerk to gonrock dono. ii. , . yasobro. ii. . yasozama amanoia dono, host at ozaka. i. . yasozemon dono, of kakegawa. ii. . yayemon dono, king's carpenter at firando. i. , , , , ; ii. , . yayemon dono, of faccata, carpenter. ii. , . yazemon dono, of faccata. ii. . yechere, or yechero, or cynemon dono. ii. , . yedo. earthquakes at, i. , , , , ; ii. , , , , , , ; monuments and buildings, i. , ; ii. , - , ; fires at, ii. , , ; nobleman's house burnt, ii. . yemia fachman, god of war. _see_ otongo. yewkyn dono. i. . yezo island. ii. . yoichero dono, of kusatsu. ii. . yoiemon dono. ii. . yonge, john. ii. . yongsham, chinaman. ii. . yoritomo. i. . yosemon dono. ii. . yoshemon dono, of nagasaki. ii. , , , . yoshida. i. , ; ii. , , , . yoshiwara. ii. , , . yoshozemon dono. ii. . yosio dono, dutch host at miako. i. . yoske, cook. i. . yoskey, servant. i. , ; ii. . yosky, or yosque, king's butler at firando. i. , . yossen, or yoosen, john. i. , , , , , , , , , , , , , , , , , , , , , ; ii. , , , , , , , , , , , , , , , . youkaich. ii . yoyemon, oilman. ii. . yoyemon dono. ii. . yoyemon dono, smith. ii. . yu. i. ; ii. , , . yui. i. . zamon, pedrogo, will. adams's host at miako. i. . zazabra dono. i. , ; ii. , . zewa. ii. . zezabro dono, of ozaka. i. . zeze. ii. . zuñiga, pedro de, friar. ii. , , . transcriber's note: the author's spelling and hyphenation of words and names is inconsistent, e.g. adams/adames. lower case roman numerals often end with a 'j' instead of an 'i.' page numbers are displayed in the right margin. items in italics are surrounded by underscores, _like this_. macrons over letters are indicated within brackets, e.g. [=o]. footnotes were renumbered sequentially and were moved to the end of the entry for the date (in the diary) or the piece of correspondence (in the appendix) in which the anchor occurs. to accommodate display on narrow screens, where braces were used in the book to group data horizontally across the page, the text was formatted as indented lists instead. the entry on febrary , pg , is a typical example. missing periods were added to ends of sentences, abbreviations, and index entries; missing commas were added to a list entry and between page numbers in the index. use of italics was made consistent. unclear and left as printed: pg , 'uuse' pg , 'the th julij' changes to text: pg , 'is' to 'in' ...in all vj c. _tais_,... pg , removed duplicate 'to' ... now ready to take bark ... pg , 'tal ' to 'talk' ... had much talk about ... pg , 'they' to 'the' ... to take the china goodes,... pg , 'grabstreet' to 'grubstreet' ...our host grubstreet ... pg , 'removed duplicate 'an' ... 'rec. another to same effect.'... pg , 'hollander s' to 'hollanders' in list pg , 'b' added to ' ound' ... they are bound upon ... pg , 'aud' to 'and' ... and that from hence ... pg , removed from list duplicate 'my owne.' pg , 'oyen done' to 'oyen dono' ... same and oyen dono are ... [illustration: _general map_ of the russian empire.] account of the russian discoveries between asia and america. to which are added, the conquest of siberia, and the history of the transactions and commerce between russia and china. by william coxe, a. m. fellow of king's college, cambridge, and chaplain to his grace the duke of marlborough. london, printed by j. nichols, for t. cadell, in the strand. mdcclxxx. to jacob bryant, esq. as a public testimony of the highest respect for his distinguished literary abilities, the truest esteem for his private virtues, and the most grateful sense of many personal favours, the following pages are inscribed, by his faithful and affectionate humble servant, william coxe. cambridge, march , . preface. the late russian discoveries between asia and america have, for some time, engaged the attention of the curious; more especially since dr. robertson's admirable history of america has been in the hands of the public. in that valuable performance the elegant and ingenious author has communicated to the world, with an accuracy and judgement which so eminently distinguish all his writings, the most exact information at that time to be obtained, concerning those important discoveries. during my stay at petersburg, my inquiries were particularly directed to this interesting subject, in order to learn if any new light had been thrown on an article of knowledge of such consequence to the history of mankind. for this purpose i endeavoured to collect the respective journals of the several voyages subsequent to the expedition of beering and tschirikoff in , with which the celebrated muller concludes his account of the first russian navigations. during the course of my researches i was informed, that a treatise in the german language, published at hamburg and leipsic in , contained a full and exact narrative of the russian voyages, from to [ ]. [footnote : the title of the book is, neue nachrichten von denen neuendeckten insuln in der see zwischen asia und amerika aus mitgetheilten urkunden und auszuegen versasset von j. l. s.] as the author has not prefixed his name, i should have paid little attention to an anonymous publication, if i had not been assured, from very good authority, that the work in question was compiled from the original journals. not resting however upon this intelligence, i took the liberty of applying to mr. muller himself, who, by order of the empress, had arranged the same journals, from which the anonymous author is said to have drawn his materials. previous to my application, mr. muller had compared the treatise with the original papers; and he favoured me with the following strong testimony to its exactness and authenticity: "vous ferès bien de traduire pour l'usage de vos compatriotes le petit livre sur les isles situées entre le kamtchatka et l'amerique. ii n'y a point de doute, que l'auteur n'ait eté pourvu de bons memoires, et qu'il ne s'en foit fervi fidelement. j'ai confronté le livre avec les originaux." supported therefore by this very respectable authority, i considered this treatise as a performance of the highest credit, and well worthy of being more generally known and perused. i have accordingly, in the first part of the present publication, submitted a translation of it to the reader's candour; and added occasional notes to such passages as seemed to require an explanation. the original is divided into sections without any references. but as it seemed to be more convenient to divide it into chapters; and to accompany each chapter with a summary of the contents, and marginal references; i have moulded it into that form, without making however any alteration in the order of the journals. the additional intelligence which i procured at petersburg, is thrown into an appendix: it consists of some new information, and of three journals[ ], never before given to the public. amongst these i must particularly mention that of krenitzin and levasheff, together with the chart of their voyage, which was communicated to dr. robertson, by order of the empress of russia; and which that justly admired historian has, in the politest and most obliging manner, permitted me to make use of in this collection. this voyage, which redounds greatly to the honour of the sovereign who planned it, confirms in general the authenticity of the treatise above-mentioned; and ascertains the reality of the discoveries made by the private merchants. [footnote : the journals of krenitzin and levasheff, the short account of synd's voyage, and the narrative of shalauroff's expedition, n^o i. ix. xi.] as a farther illustration of this subject, i collected the best charts which could be procured at petersburg, and of which a list will be given in the following advertisement. from all these circumstances, i may venture, perhaps, to hope that the curious and inquisitive reader will not only find in the following pages the most authentic and circumstantial account of the progress and extent of the russian discoveries, which has hitherto appeared in any language; but be enabled hereafter to compare them with those more lately made by that great and much to be regretted navigator, captain cooke, when his journal shall be communicated to the public. as all the furs which are brought from the new discovered islands are sold to the chinese, i was naturally led to make enquiries concerning the commerce between russia and china; and finding this branch of traffic much more important than is commonly imagined, i thought that a general sketch of its present state, together with a succinct view of the transactions between the two nations, would not be unacceptable. the conquest of siberia, as it first opened a communication with china, and paved the way to all the interesting discoveries related in the present attempt, will not appear unconnected, i trust, with its principal design. the materials of this second part, as also of the preliminary observations concerning kamtchatka, and the commerce to the new-discovered islands, are drawn from books of established and undoubted reputation. mr. muller and mr. pallas, from whose interesting works these historical and commercial subjects are chiefly compiled, are too well known in the literary world to require any other vouchers for their judgement, exactness, and fidelity, than the bare mentioning of their names. i have only farther to apprize the reader, that, besides the intelligence extracted from these publications, he will find some additional circumstances relative to the russian commerce with china, which i collected during my continuance in russia. * * * * * i cannot close this address to the reader without embracing with peculiar satisfaction the just occasion, which the ensuing treatises upon the russian discoveries and commerce afford me, of joining with every friend of science in the warmest admiration of that enlarged and liberal spirit, which so strikingly marks the character of the present empress of russia. since her accession to the throne, the investigation and discovery of useful knowledge has been the constant object of her generous encouragement. the authentic records of the russian history have, by her express orders, been properly arranged; and permission is readily granted of inspecting them. the most distant parts of her vast dominions have, at her expence, been explored and described by persons of great abilities and extensive learning; by which means new and important lights have been thrown upon the geography and natural history of those remote regions. in a word, this truly great princess has contributed more, in the compass of only a few years, towards civilizing and informing the minds of her subjects, than had been effected by all the sovereigns her predecessors since the glorious æra of peter the great. catalogue of books quoted in this work in order to prevent the frequent mention of the full title of the books referred to in the course of this performance, the following catalogue is subjoined, with the abbreviations. müller's samlung russischer geschichte, ix volumes, vo. printed at st. petersburg in , and the following years; it is referred to in the following manner: s. r. g. with the volume and page annexed. from this excellent collection i have made use of the following treatises: vol. ii. p. , &c. geschichte der gegenden an dem flusse amur. there is a french translation of this treatise, called histoire du fleuve amur, mo, amsterdam, . vol. iii. p. , &c. nachrichten von see reisen, &c. there is an english and a french translation of this work; the former is called "voyages from asia to america for completing the discoveries of the north west coast of america," &c. to, london, . the title of the latter is voyages et decouvertes faites par les russes, &c. mo, amsterdam, . p. . nachrichten von der hanlung in sibirien. vol. vi. p. , sibirische geshichte. vol. viii. p. , nachricht von der russischen handlung nach china. pallas reise durch verschiedene provinzen des russischen reichs, in three parts, to, st. petersburg, , , and , thus cited, pallas reise. georgi bemerkungen einer reise im russischen reich in jahre, , iii volumes, to, st. petersburg, , cited georgi reise. fischer sibirische geschichte, volumes, vo, st. petersburg, cited fis. sib. ges. gmelin reise durch sibirien, tome iv. vo. gottingen, , cited gmelin reise. there is a french translation of this work, called voyage en siberie, &c. par m. gmelin. paris, . neueste nachrichten von kamtchatka aufgesetst im junius des ^{ten} yahren von dem dasigen befehls-haber herrn kapitain smalew. aus dem abhandlungen der freyen russischen gesellschaft moskau. in the journal of st. petersburg, april, .--cited journal of st. pet. explanation of some russian words made use of in the following work. _baidar_, a small boat. _guba_, a bay. _kamen_, a rock. _kotche_, a vessel. _krepost_, a regular fortress. _noss_, a cape. _ostrog_, a fortress surrounded with palisadoes. _ostroff_, an island. _ostrova_, islands. _quass_, a sort of fermented liquor. _reka_, a river. the russians, in their proper names of persons, make use of patronymics; these patronymics are formed in some cases by adding _vitch_ to the christian name of the father; in others _off_ or _eff_: the former termination is applied only to persons of condition; the latter to those of an inferior rank. as, for instance, among persons of condition _ivan ivanovitch_, }ivan the son of inferior rank, _ivan ivanoff_ } of ivan. _michael alexievitch_, } michael the _michael alexeeff_, }son of alexèy. sometimes a surname is added, _ivan ivanovitch romanoff_. table of russian weights, measures of length, and value of money. weight. a pood weighs russian pounds = english. measures of length. vershocks = an arsheen. an arsheen = inches. three arsheens, or seven feet = a fathom[ ], or sazshen. [footnote : the fathom for measuring the depth of water is the same as the english fathom = feet.] sazshens = a verst. a degree of longitude comprises - / versts = - / english miles. a mile is therefore , parts of a verst; two miles may then be estimated equal to three versts, omitting a small fraction. value of russian money. a rouble = copecs. its value varies according to the exchange from s. d. to s. d. upon an average, however, the value of a rouble is reckoned at four shillings. errata. p. , _reference_, _for_ appendix i. n^o i. _read_ n^o ii. , _for_ appendix i. n^o ii. _read_ n^o iii. , _for_ rogii _read_ kogii. , _for_ riksa _read_ kiska. , _for_ korovin _read_ korelin. , note--_for_ tobob _read_ tobol. , note--line , _after_ handpauken _omitted_ von verschiedenen klang. , _for_ saktunk _read_ saktunak. , line , _for_ were _read_ was. , l. . _for_ pretection _read_ protection. , l. . _for_ nor _read_ not. , _for_ sungur _read_ sirgut. , l. . _read_ other has an. , _for_ harlbadeers _read_ halberdiers. , note--line , _dele_ see hereafter, p. . , _for_ marym _read_ narym. , note--_for_ called by linnæus lutra marina _read_ lutra marina, called by linnæus mustela lutris, &c. , line , _for_ made of the bone, &c. _read_ made of bone, or the stalk, &c. , note --line , _for_ corbus _read_ corvus. , note--line , _dele_ was. , note--line , _dele_ that. ibid. note--line , "i should not" &c. _is a separate note, and relates to the extract in the text beginning_ "in ," &c. omitted in the errata. p. . l. . _r._ , . l. . _r._ , , . . advertisement. as no astronomical observations have been taken in the voyages related in this collection, the longitude and latitude ascribed to the new-discovered islands in the journals and upon the charts cannot be absolutely depended upon. indeed the reader will perceive, that the position[ ] of the fox islands upon the general map of russia is materially different from that assigned to them upon the chart of krenitzin and levasheff. without endeavouring to clear up any difficulties which may arise from this uncertainty, i thought it would be most satisfactory to have the best charts engraved: the reader will then be able to compare them with each other, and with the several journals. which representation of the new-discovered islands deserves the preferance, will probably be ascertained upon the return of captain clerke from his present expedition. [footnote : see p. .] list of the charts, and directions for placing them. chart i. a reduced copy of the general map of russia, published by the academy of sciences at st. petersburg, . to face the title-page. ii. chart of the voyage made by krenitzin and levasheff to the fox islands, communicated by dr. robertson, to face p. . iii. chart of synd's voyage towards tschukotskoi-noss, p. . iv. chart of shalauroff's voyage to shelatskoi-noss, with a small chart of the bear-islands, p. . view of maimatschin, p. . communicated by a gentleman who has been upon the spot. contents. dedication, p. iii. preface, p. v. catalogue of books quoted in this work, p. xi. explanation of some russian words made use of, p. xiii. table of russian weights, measures of length, and value of money, p. xiv. advertisement, p. xv. list of charts, and directions for placing them, p. xvi. part i. containing preliminary observations concerning kamtchatka, and account of the new discoveries made by the _russians_, p. -- . chap. i. discovery and conquest of _kamtchatka_--present state of that peninsula--population--tribute--productions, &c. p. . chap. ii. general idea of the commerce carried on to the new discovered islands--equipment of the vessels--risks of the trade, profits, &c. p. . chap. iii. furs and skins procured from _kamtchatka_ and the new discovered islands, p. . account of the russian discoveries, p. . chap. i. commencement and progress of the _russian_ discoveries in the sea of _kamtchatka_--general division of the new discovered islands, ibid. chap. ii. voyages in --first discovery of the _aleütian isles_, by _michael nevodsikoff_, p. . chap. iii. successive voyages, from to , to _beering's_ and _copper island_, and to the _aleütian isles_--some account of the inhabitants, p. . chap. iv. voyages from to . some of the further _aleütian_ or _fox islands_ touched at by _serebranikoff's_ vessel--some account of the natives, p. . chap. v. voyages from to , p. . chap. vi. voyages in , , and , to the _fox islands_, in the _st. vladimir_, fitted out by _trapesnikoff_--and in the _gabriel_, by _bethshevin_--the latter, under the command of _pushkareff_, sails to _alaksu_, or _alachshak_, one of the remotest eastern islands hitherto visited--some account of its inhabitants, and productions, which latter are different from those of the more western islands, p. . chap. vii. voyage of _andrean tolstyk_, in the _st. andrean_ and _natalia_--discovery of some new islands, called _andreanoffsky ostrova_--description of six of those islands, p. . chap. viii. voyage of the _zacharias_ and _elizabeth_, fitted out by _kulkoff_, and commanded by _dausinin_--they sail to _umnak_ and _unalashka_, and winter upon the latter island--the vessel destroyed, and all the crew, except four, murdered by the islanders--the adventures of those four _russians_, and their wonderful escape, p. . chap. ix. voyage of the vessel called the _trinity_, under the command of _korovin_--sails to the _fox islands_--winters at _unalashka_--puts to sea the spring following--the vessel is stranded in a bay of the island _umnak_, and the crew attacked by the natives--many of them killed--others carried off by sickness---they are reduced to great streights--relieved by _glottoff_, twelve of the whole company only remaining--description of _umnak_ and _unalashka_, p. . chap. x. voyage of _stephen glottoff_--he reaches the _fox islands_--sails beyond _unalashika_ to _kadyak_--winters upon that island--repeated attempts of the natives to destroy the crew--they are repulsed, reconciled, and prevailed upon to trade with the _russians_--account of _kadyak_--its inhabitants, animals, productions--_glottoff_ sails back to _umnak_--winters there--returns to _kamtchatka_--journal of his voyage, p. . chap. xi. _solovioff's_ voyage--he reaches _unalashka_, and passes two winters upon that island--relation of what passed there--fruitless attempts of the natives to destroy the crew--return of _solovioff_ to _kamtchatka_--journal of his voyage in returning--description of the islands of _umnak_ and _unalashka_, productions, inhabitants, their manners, customs, &c. &c. p. . chap. xii. voyage of _otcheredin_--he winters upon _umnak_--arrival of _levasheff_ upon _unalashka_--return of _otcheredin_ to _ochotsk_, p. . chap. xiii. _conclusion_--general position and situation of the _aleütian_ and _fox islands_--their distance from each other--further description of the dress, manners, and custom of the inhabitants--their feasts and ceremonies, &c. p. . part ii. containing the conquest of siberia, and the history of the transactions and commerce between russia and china, p. . chap. i. first irruption of the _russians_ into _siberia_--second inroad--_yermac_ driven by the tzar of _muscovy_ from the _volga_, retires to _orel_, a _russian_ settlement--enters _siberia_, with an army of _cossacs_--his progress and exploits--defeats _kutchum chan_--conquers his dominions--cedes them to the tzar--receives a reinforcement of _russian_ troops--is surprized by _kutchum chan_--his defeat and death--veneration paid to his memory--_russian_ troops evacuate _siberia_--re-enter and conquer the whole country--their progress stopped by the _chinese_, p. . chap. ii. commencement of hostilities between the _russians_ and _chinese_--disputes concerning the limits of the two empires--treaty of _nershinsk_--embassies from the court of _russia_ to _pekin_--treaty of _kiachta_--establishment of the commerce between the two nations. p. . chap. iii. account of the _russian_ and _chinese_ settlements upon the confines of _siberia_--description of the _russian_ frontier town _kiachta_--of the _chinese_ frontier town _maitmatschin_--its buildings, pagodas, &c. p. . chap. iv. commerce between the _chinese_ and _russians_--list of the principal exports and imports--duties--average amount of the _russian_ trade. p. . chap. v. description of _zuruchaitu_--and its trade--transport of the merchandize through _siberia_. p. . part iii. appendix i. and ii. containing supplementary accounts of the russian discoveries, &c. &c. appendix i. extract from the journal of a voyage made by _captain krenitzin_ and _lieutenant levasheff_ to the _fox islands_, in , , by order of the _empress of russia_--they sail from _kamtchatka_--arrive at _beering's_ and _copper islands_--reach the _fox islands_--_krenitzin_ winters at _alaxa_--_levasheff_ upon _unalashka_--productions of _unalashka_--description of the inhabitants of the _fox islands_--their manners and customs, &c. p. . n^o ii. concerning the longitude of _kamtchatka_, and of the eastern extremity of _asia_, as laid down by the _russian_ geographers. p. . n^o iii. summary of the proofs tending to shew, that _beering_ and _tschirikoff_ either reached _america_ in , or came very near it. p. . n^o iv. list of the principal charts representing the _russian_discoveries. p. . n^o v. position of the _andreanoffsky isles_ ascertained--number of the _aleutian isles_. p. . n^o vi. conjectures concerning the proximity of the _fox islands_ to the continent of _america_. p. . n^o vii. of the _tschutski_--reports of the vicinity of _america_ to their coast, first propagated by them, seem to be confirmed by late accounts from those parts. p. . n^o viii. list of the new discovered islands, procured from an _aleütian_ chief--catalogue of islands called by different names in the account of the _russian_ discoveries. p. . n^o ix. voyage of _lieutenant synd_ to the north east of _siberia_--he discovers a cluster of islands, and a promontory, which he supposes to belong to the continent of _america_, lying near the coast of the _tschutski_. p. . n^o x. specimen of the _aleütian_ language. p. . n^o xi. attempts of the _russians_ to discover a north east passage--voyages from _archangel_ towards the _lena_--from the _lena_ towards _kamtchatka_--extract from _muller's_ account of _deshneff's_ voyage round _tschukotskoi noss_--narrative of a voyage made by _shalauroff_ from the _lena_ to _shelatskoi noss_. p. . appendix ii. _tartarian_ rhubarb brought to _kiachta_ by the _bucharian_ merchants--method of examining and purchasing the roots--different species of rheum which yield the finest rhubarb--price of rhubarb in _russia_--exportation--superiority of the _tartarian_ over the _indian_ rhubarb. p. . table of the longitude and latitude of the principal places mentioned in this work. p. . part i. containing i. preliminary observations concerning kamtchatka, and ii. account of the new discoveries made by the russians. preliminary observations concerning kamtchatka, &c. chap. i. discovery and conquest of _kamtchatka_--present state of that peninsula--population--tribute--productions, &c. [sidenote: first discovery of kamtchatka.] the peninsula of kamtchatka was not discovered by the russians before the latter end of the last century. the first expedition towards those parts was made in , by sixteen cossacs, under the command of lucas semænoff morosko, who was sent against the koriacks of the river opooka by volodimir atlafsoff commander of anadirsk. morosko continued his march until he came within four days journey of the river kamtchatka, and having rendered a kamtchadal village tributary, he returned to anadirsk[ ]. [footnote : s. r. g. v. iii. p. .] the following year atlafsoff himself at the head of a larger body of troops penetrated into the peninsula, took possession of the river kamtchatka by erecting a cross upon its banks; and built some huts upon the spot, where upper kamtchatkoi ostrog now stands. [sidenote: that peninsula conquered and colonised by the russians.] these expeditions were continued during the following years: upper and lower kamtchatkoi ostrogs and bolcheretsk were built; the southern district conquered and colonised; and in the whole peninsula was finally reduced under the dominion of the russians. during some years the possession of kamtchatka brought very little advantage to the crown, excepting the small tribute of furs exacted from the inhabitants. the russians indeed occasionally hunted in that peninsula foxes, wolves, ermines, sables, and other animals, whose valuable skins form an extensive article of commerce among the eastern nations. but the fur trade carried on from thence was inconsiderable; until the russians discovered the islands situated between asia and america, in a series of voyages, the journals of which will be exhibited in the subsequent translation. since these discoveries, the variety of rich furs, which are procured from those islands, has greatly encreased the trade of kamtchatka, and rendered it a very important branch of the russian commerce. the peninsula of kamtchatka lies between and degrees of north latitude, and and of longitude from the isle of fero. it is bounded on the east and south by the sea of kamtchatka, on the west by the seas of ochotsk and penshinsk, and on the north by the country of the koriacs. [sidenote: present state of kamtchatka.] it is divided into four districts, bolcheresk, tigilskaia krepost, verchnei or upper kamtchatkoi ostrog, and nishnei or lower kamtchatkoi ostrog. [sidenote: government] the government is vested in the chancery of bolcheresk, which depends upon and is subject to the inspection of the chancery of ochotsk. the whole russian force stationed in the peninsula consists of no more than three hundred men[ ]. [footnote : journal of st. petersburg for april .] [sidenote: population.] the present population of kamtchatka is very small, amounting to scarce four thousand souls. formerly the inhabitants were more numerous, but in , that country was greatly depopulated by the ravages of the small-pox, by which disorder five thousand three hundred and sixty-eight persons were carried off. there are now only seven hundred and six males in the whole peninsula who are tributary, and an hundred and fourteen in the kuril isles, which are subject to russia. [sidenote: tribute.] the fixed annual tribute consists in sables, red foxes, sea-otters with a dam, and cub sea-otters. all furs exported from kamtchatka pay a duty of per cent. to the crown; the tenth of the cargoes brought from the new discovered islands is also delivered into the customs. [sidenote: volcanos.] many traces of volcanos have been observed in this peninsula; and there are some mountains, which are at present in a burning state. the most considerable of these volcanos is situated near the lower ostrog. in a great noise was heard issuing from the inside of that mountain, and flames of fire were seen to burst from different parts. these flames were immediately succeeded by a large stream of melted snow water, which flowed into the neighbouring valley, and drowned two kamtchadals, who were at that time upon an hunting party. the ashes, and other combustible matter, thrown from the mountain, spread to the circumference of three hundred versts. in there was another discharge, but less considerable. every night flames of fire were observed streaming from the mountain; and the eruption which attended them, did no small damage to the inhabitants of the lower ostrog. since that year no flames have been seen; but the mountain emits a constant smoke. the same phænomenon is also observed upon another mountain, called tabaetshinskian. [sidenote: productions.] the face of the country throughout the peninsula is chiefly mountainous. it produces in some parts birch, poplars, alders, willows, underwood, and berries of different sorts. greens and other vegetables are raised with great facility; such as white cabbage, turneps, radishes, beetroot, carrots, and some cucumbers. agriculture is in a very low state, which is chiefly owing to the nature of the soil and the severe hoar frosts; for though some trials have been made with respect to the cultivation of corn, and oats, barley and rye have been sown; yet no crop has ever been procured sufficient in quality or quality to answer the pains and expence of raising it. hemp however has of late years been cultivated with great success[ ]. [footnote : journal of st. petersburg.] every year a vessel, belonging to the crown, sails from ochotsk to kamtchatka laden with salt, provisions, corn, and russian manufactures; and returns in june or july of the following year with skins and furs. chap. ii. general idea of the commerce carried on to the new discovered islands.--equipment of the vessels.--risks of the trade, profits, &c. since the conclusion of beering's voyage, which was made at the expence of the crown, the prosecution of the new discoveries began by him has been almost entirely carried on by individuals. these persons were principally merchants of irkutsk, yakutsk, and other natives of siberia, who formed themselves into small trading companies, and fitted out vessels at their joint expence. [sidenote: equipment of the vessels.] most of the vessels which are equipped for these expeditions are two masted: they are commonly built without iron, and in general so badly constructed, that it is wonderful how they can weather so stormy a sea. they are called in russian skitiki or sewed vessels, because the planks are sewed together with thongs of leather. some few are built in the river of kamtchatka; but they are for the most part constructed at the haven of ochotsk. the largest of these vessels are manned with seventy men, and the smallest with forty. the crew generally consists of an equal number of russians and kamtchadals. the latter occasion a considerable saving, as their pay is small; they also resist, more easily than the former, the attacks of the scurvy. but russian mariners are more enterprising and more to be depended upon in time of danger than the others; some therefore are unavoidably necessary. [sidenote: expences attending this trade.] the expences of building and fitting out the vessels are very considerable: for there is nothing at ochotsk but timber for their construction. accordingly cordage, sails, and some provisions, must be brought from yakutsk upon horses. the dearness of corn and flour, which must be transported from the districts lying about the river lena, renders it impossible to lay-in any large quantity for the subsistence of the crew during a voyage, which commonly lasts three or four years. for this reason no more is provided, than is necessary to supply the russian mariners with quass and other fermented liquors. from the excessive scarcity of cattle both at ochotsk and [ ]kamtchatka very little provision is laid in at either of those places: but the crew provide themselves with a large store of the flesh of sea animals, which are caught and cured upon beering's island, where the vessels for the most part winter. [footnote : in there were only head of cattle upon the whole peninsula. a cow sold from to roubles, an ox from to . a pound of fresh beef sold upon an average for - / copecs. the excessive dearness of this price will be easily conceived, when it is known, that at moscow a pound of beef sells for about three copecs. journ. st. petersb.] after all expences are paid, the equipment of each vessel ordinarily costs from , to , roubles. and sometimes the expences amount to , . every vessel is divided into a certain number of shares, generally from thirty to fifty; and each share is worth from to roubles. the risk of the trade is very great, as shipwrecks are common in the sea of kamtchatka, which is full of rocks and very tempestuous. besides, the crews are frequently surprised and killed by the islanders, and the vessels destroyed. [sidenote: profits.] in return the profits arising from these voyages are very considerable, and compensate the inconveniencies and dangers attending them. for if a ship comes back after having made a profitable voyage, the gain at the most moderate computation amounts to cent. per cent. and frequently to as much more. should the vessel be capable of performing a second expedition, the expences are of course considerably lessened, and the shares are at a lower price. some notion of the general profits arising from this trade (when the voyage is successful), may be deduced from the sale of a rich cargo of furs, brought to kamtchatka, on the d of june, , from the new-discovered islands, in a vessel belonging to ivan popoff. the tenth part of the skins being delivered to the customs, the remainder was distributed in fifty-five shares. each share consisted of twenty sea-otters, sixteen black and brown foxes, ten red foxes, three sea-otter tails; and such a portion was sold upon the spot from to roubles: so that according to this price the whole lading was worth about , roubles[ ]. [footnote : georgi reise tom. i. p. , & seq. journal of st. petersburg.] chap. iii. furs and skins procured from _kamtchatka_ and the new discovered islands. [sidenote: furs and skins brought from kamtchatka and the new discovered islands.] the principal furs and skins procured from the peninsula of kamtchatka and the new discovered islands are sea-otters, foxes, sables, ermines, wolves, bears, &c.--these furs are transported to ochotsk by sea, and from thence carried to [ ]kiachta upon the frontiers of siberia; where the greatest part of them are sold to the chinese at a very considerable profit. [footnote : see part ii. chap. iii.] [sidenote: sea-otters.] of all these furs the skins of the sea-otters are the richest and most valuable. those animals resort in great numbers to the aleutian and fox islands: they are called by the russians bobry morski or sea-beavers, and sometimes kamtchadal beavers, on account of the resemblance of their fur to that of the common beaver. from these circumstances several authors have been led into a mistake, and have supposed that this animal is of the beaver species; whereas it is the true sea-otter[ ]. [footnote : s.r.g. iii. p. .] the female are called matka or dams; and the cubs till five months old medviedki or little bears, because their coat resembles that of a bear; they lose that coat after five months, and then are called koschloki. the fur of the finest sort is thick and long, of a dark colour, and a fine glossy hue. they are taken four ways; struck with darts as they are sleeping upon their backs in the sea, followed in boats and hunted down till they are tired, surprised in caverns, and taken in nets. their skins fetch different prices according to their quality. at kamtchatka[ ] the best sell for per skin from to roubles. middle sort to worst sort to at kiachta[ ] the old and middle-aged sea-otter skins are sold to the chinese per skin from to the worst sort to . [footnote : journal st. petersburg.] [footnote : pallas reise. part iii. p. .] as these furs fetch so great a price to the chinese, they are seldom brought into russia for sale: and several, which have been carried to moscow as a tribute, were purchased for roubles per skin; and sent from thence to the chinese frontiers, where they were disposed of at a very high interest. [sidenote: different species of foxes.] there are several species of foxes, whose skins are sent from kamtchatka into siberia and russia. of these the principal are the black foxes, the petsi or arctic foxes, the red and stone foxes. the finest black foxes are caught in different parts of siberia, and more commonly in the northern regions between the rivers lena, indigirka, and kovyma: the black foxes found upon the remotest eastern islands discovered by the russians, or the lyssie ostrova, are not so valuable. they are very black and large; but the coat for the most part is as coarse as that of a wolf. the great difference in the fineness of the fur, between these foxes and those of siberia, arises probably from the following circumstances. in those islands the cold is not so severe as in siberia; and as there is no wood, the foxes live in holes and caverns of the rocks; whereas in the abovementioned parts of siberia, there are large tracts of forests in which they find shelter. some black foxes however are occasionally caught in the remotest eastern islands, not wholly destitute of wood, and these are of great value. in general the chinese, who pay the dearest for black furs, do not give more for the black foxes of the new-discovered islands than from to roubles per skin. the arctic or ice foxes are very common upon some of the new-discovered islands. they are called petsi by the russians, and by the germans blue foxes. [sidenote: pennant's synopsis.] their natural colour is of a bluish grey or ash colour; but they change their coat at different ages, and in differerent seasons of the year. in general they are born brown, are white in winter, and brown in summer; and in spring and autumn, as the hair gradually falls off, the coat is marked with different specks and crosses. at kiachta[ ] all the several varieties sell upon an average to the chinese per skin from copecs to - / roubles. stone foxes at kamtchatka per skin from to - / red foxes from copecs to copecs. at kiachta from copecs to common wolves skins at per skin best sort per skin from to sables per ditto - / to [footnote : pallas reise.] a pood of the best sea-horse teeth[ ] sells at yakutsk for roubles. of the middling inferior ditto from to . [footnote : s. r. g. v. iii.] four, five, or six teeth generally weigh a pood, and sometimes, but very rarely, three. they are sold to the chinese, monguls, and calmucs. account of the new discoveries made by the russians in the eastern ocean, between kamtchatka and america. translated from the german. with notes by the translator. account of the russian discoveries. chap. i. commencement and progress of the _russian_ discoveries in the sea of _kamtchatka_--general division of the new discovered islands. a thirst after riches was the chief motive which excited the spaniards to the discovery of america; and which turned the attention of other maritime nations to that quarter. the same passion for riches occasioned, about the middle of the sixteenth century, the discovery and conquest of northern asia, a country, before that time, as unknown to the europeans, as thule to the ancients. [sidenote: conquest of siberia.] the first foundation of this conquest was laid by the celebrated yermac[ ], at the head of a band of adventurers, less civilized, but at the same time, not so inhuman as the conquerors of america. by the accession of this vast territory, now known by the name of siberia, the russians have acquired an extent of empire never before attained by any other nation. [footnote : the reader will find an account of this conquest by yermac in part ii. chap. i.] [sidenote: commencement of the new discoveries.] the first project[ ] for making discoveries in that tempestuous sea, which lies between kamtchatka and america, was conceived and planned by peter i. the greatest sovereign who ever sat upon the russian throne, until it was adorned by the present empress. the nature and completion of this project under his immediate successors are well known to the public from the relation of the celebrated muller. [sidenote: their progress.] no sooner had [ ]beering and tschirikoff, in the prosecution of this plan, opened their way to islands abounding in valuable furs, than private merchants immediately engaged with ardour in similar expeditions; and, within a period of ten years, more important discoveries were made by these individuals, at their own private cost, than had been hitherto effected by all the expensive efforts of the crown. [footnote : there seems a want of connection in this place, which will be cleared up by considering, that, by the conquest of siberia, the russians advanced to the shores of the eastern ocean, the scene of the discoveries here alluded to.] [footnote : beering had already made several expeditions in the sea of kamtchatka, by orders of the crown, before he undertook the voyage mentioned in the text. in , he departed from the mouth of the kamtchatka river, in company with tschirikoff. the purport of this voyage was to ascertain, whether the two continents of asia and america were separated; and peter i. a short time before his death, had drawn up instructions with his own hand for that purpose. beering coasted the eastern shore of siberia as high as latitude ° ´; but made no discovery of the opposite continent. in , he set sail again for the prosecution of the same design; but this second attempt equally failed of success. in , beering and tschirikoff went out upon the celebrated expedition (alluded to in the text, and which is so often mentioned in the course of this work) towards the coasts of america. this expedition led the way to all the important discoveries since made by the russians. beering's vessel was wrecked in december of the same year; and tschirikoff landed at kamtchatka on the th of october, . s. r. g. iii. nachrichten von see reisen, &c. and robertson's history of america, vol. i. p. , & seq.] soon after the return of beering's crew from the island where he was ship-wrecked and died, and which is called after his name, the inhabitants of kamtchatka ventured over to that island, to which the sea-otters and other sea-animals were accustomed to resort in great numbers. mednoi ostroff, or copper island, which takes that appellation from large masses of native copper found upon the beach, and which lies full in sight of beering's isle, was an easy and speedy discovery. these two small uninhabited spots were for some time the only islands that were known; until a scarcity of land and sea-animals, whose numbers were greatly diminished by the russian hunters, occasioned other expeditions. several of the vessels which were sent out upon these voyages were driven by stormy weather to the south-east; and discovered by that means the aleütian isles, situated about the th[ ] degree of longitude, and but moderately peopled. [footnote : the author reckons, throughout this treatise, the longitude from the first meridian of the isle of fero. the longitude and latitude, which he gives to the fox islands, corresponds exactly with those in which they are laid down upon the general map of russia. the longitude of beering's, copper island, and of the aleütian isles, are somewhat different. see advertisement relating to the charts, and also appendix i. n^o iv.] from the year , when it seems these islands were first visited, until , when the first tribute of furs was brought from thence to ochotsk, the government appears not to have been fully informed of their discovery. in the last mentioned year, one lebedeff was commander of kamtchatka. from to , captain tsheredoff and lieutenant kashkareff were his successors. in , feodor ivanovitch soimonoff, governor of tobolsk, turned his attention to the abovementioned islands; and, the same year, captain rtistsheff, at ochotsk, instructed lieutenant shmaleff, the same who was afterwards commander in kamtchatka, to promote and favour all expeditions in those seas. until this time, all the discoveries subsequent to beering's voyage were made, without the interposition of the court, by private merchants in small vessels fitted out at their own expence. [sidenote: the empress promotes all attempts towards new discoveries.] the present empress (to whom every circumstance which contributes to aggrandize the russian empire is an object of attention) has given new life to these discoveries. the merchants engaged in them have been animated by recompences. the importance and true position of the russian islands have been ascertained by an expensive voyage[ ], made by order of the crown; and much additional information will be derived from the journals and charts of the officers employed in that expedition, whenever they shall be published. [footnote : the author here alludes to the secret expedition of captain krenitzin and levaheff, whose journal and chart were sent, by order of the empress of russia, to dr. robertson. see robertson's history of america, vol. i. p. and . see appendix i. n^o i.] meanwhile, we may rest assured, that several modern geographers have erred in advancing america too much to the west, and in questioning the extent of siberia eastwards, as laid down by the russians. it appears, indeed, evident, that the accounts and even conjectures of the celebrated muller, concerning the position of those distant regions, are more and more confirmed by facts; in the same manner as the justness of his supposition concerning the form of the coast of the sea of ochotsk[ ] has been lately established. with respect to the extent of siberia, it appears almost beyond a doubt from the most recent observations, that its eastern extremity is situated beyond[ ] degrees of longitude. in regard to the western coasts of america, all the navigations to the new discovered islands evidently shew, that, between and degrees of latitude, that continent advances no where nearer to asia than the [ ]coasts touched at by beering and tschirikoff, or about degrees of longitude. [footnote : mr. muller formerly conjectured, that the coast of the sea of ochotsk stretched south-west towards the river ud; and from thence to the mouth of the amoor south-east: and the truth of this conjecture had been since confirmed by a coasting voyage made by captain synd.] [footnote : appendix i. n^o i.] [footnote : appendix i. n^o ii.] as to the new discovered islands, no credit must be given to a chart published in the geographical calendar of st. petersburg for ; in which they are inaccurately laid down. nor is the antient chart of the new discoveries, published by the imperial academy, and which seems to have been drawn up from mere reports, more deserving of attention[ ]. [footnote : appendix i. n^o iv.] [sidenote: position of the new discovered islands.] the late navigators give a far different description of the northern archipelago. from their accounts we learn, that beering's island is situated due east from kamtchatkoi noss, in the th degree of longitude. near it is copper island; and, at some distance from them, east-south-east, there are three small islands, named by their inhabitants, attak, semitshi, and shemiya: these are properly the aleütian isles; they stretch from west-north-west towards east-south-east, in the same direction as beering's and copper islands, in the longitude of , and latitude . to the north-east of these, at the distance of or versts, lies another group of six or more islands, known by the name of the andreanoffskie ostrova. south-east, or east-south, of these, at the distance of about degrees, and north by east of the aleütian, begins the chain of lyssie ostrova, or fox islands: this chain of rocks and isles stretches east-north-east between and degrees of north latitude, from degrees of longitude most probably to the continent of america; and in a line of direction, which crosses with that in which the aleütian isles lie. the largest and most remarkable of these islands are umnak, aghunalashka, or, as it is commonly shortened, unalashka, kadyak, and alagshak. of these and the aleütian isles, the distance and position are tolerably well ascertained by ships reckonings, and latitudes taken by pilots. but the situation of the andreanoffsky isles[ ] is still somewhat doubtful, though probably their direction is east and west; and some of them may unite with that part of the fox islands which are most contiguous to the opposite continent. [footnote : these are the same islands which are called, by mr. stæhlin, anadirsky islands, from their supposed vicinity to the river anadyr. see appendix i. n^o v.] the main land of america has not been touched at by any of the vessels in the late expeditions; though possibly the time is not far distant when some of the russian adventurers will fall in with that coast[ ]. more to the north perhaps, at least as high as degrees latitude, the continent of america may stretch out nearer to the coast of the tschutski; and form a large promontory, accompanied with islands, which have no connection with any of the preceding ones. that such a promontory really exists, and advances to within a very small distance from tschukotskoi noss, can hardly be doubted; at least it seems to be confirmed by all the latest accounts which have been procured from those parts[ ]. that prolongation, therefore, of america, which by delisle is made to extend westward, and is laid down just opposite to kamtchatka, between and degrees latitude, must be entirely removed; for many of the voyages related in this collection lay through that part of the ocean, where this imaginary continent was marked down. [footnote : appendix i. n^o vi.] [footnote : appendix i. n^o vii.] it is even more than probable, that the aleütian, and some of the fox islands, now well known, are the very same which beering fell-in with upon his return; though, from the unsteadiness of his course, their true position could not be exactly laid down in the chart of that expedition[ ]. [footnote : this error is however so small, and particularly with respect to the more eastern coasts and islands, as laid down in beering's chart, such as cape hermogenes, toomanoi, shumaghin's island, and mountain of st. dolmar, that if they were to be placed upon the general map of russia, which is prefixed to this work, they would coincide with the very chain of the fox islands.] as the sea of kamtchatka is now so much frequented, these conjectures cannot remain long undecided; and it is only to be wished, that some expeditions were to be made north-east, in order to discover the nearest coasts of america. for there is no reason to expect a successful voyage by taking any other direction; as all the vessels, which have steered a more southerly course, have sailed through an open sea, without meeting with any signs of land. a very full and judicious account of all the discoveries hitherto made in the eastern ocean may be expected from the celebrated mr. muller[ ]. meanwhile, i hope the following account, extracted from the original papers, and procured from the best intelligence, will be the more acceptable to the public; as it may prove an inducement to the russians to publish fuller and more circumstantial relations. besides, the reader will find here a narrative more authentic and accurate, than what has been published in the abovementioned calendar[ ]; and several mistakes in that memoir are here corrected. [footnote : mr. muller has already arranged and put in order several of the journals, and sent them to the board of admiralty at st. petersburg, where they are at present kept, together with the charts of the respective voyages.] [footnote : a german copy of the treatise alluded to in the text, was sent, by its author, mr. stæhlin counsellor of state to the empress of russia, to the late dr. maty; and it is mentioned, in the philosophical transactions for , under the following title: "a new map and preliminary description of the new archipelago in the north, discovered a few years ago by the russians in the n. e. beyond kamtchatka." a translation of this treatise was published the same year by heydinger.] chap. ii. voyages in .--first discovery of the _aleütian isles_ by _michael nevodtsikoff_. a voyage made in the year by emilian bassoff is scarce worth mentioning; as he only reached beering's island, and two smaller ones, which lie south of the former, and returned on the st of july, . [sidenote: voyage of nevodtsikoff in .] the first voyage which is in any wise remarkable, was undertaken in the year . the vessel was a shitik named eudokia, fitted out at the expence of aphanassei tsebaefskoi, jacob tsiuproff and others; she sailed from the kamtchatka river sept. , under the command of michael nevodtsikoff a native of tobolsk. [sidenote: discovers the aleütian islands.] having discovered three unknown islands, they wintered upon one of them, in order to kill sea-otters, of which there was a large quantity. these islands were undoubtedly the nearest[ ] aleütian islands: the language of the inhabitants was not understood by an interpreter, whom they had brought with them from kamtchatka. for the purpose therefore of learning this language, they carried back with them one of the islanders; and presented him to the chancery of bolcheretsk, with a false account of their proceedings. this islander was examined as soon as he had acquired a slight knowledge of the russian language; and as it is said, gave the following report. he was called temnac, and att was the name of the island of which he was a native. at some distance from thence lies a great island called sabya, of which the inhabitants are denominated rogii: these inhabitants, as the russians understood or thought they understood him, made crosses, had books and fire-arms, and navigated in baidars or leathern canoes. at no great distance from the island where they wintered, there were two well-inhabited islands: the first lying e. s. e. and s. e. by south, the second east and east by south. the above-mentioned islander was baptised under the name of paul, and sent to ochotsk. [footnote : the small group of islands lying s. e. of beering's island, are the real aleütian isles: they are sometimes called the nearest aleütian islands; and the fox islands the furthest aleütian isles.] as the misconduct of the ship's crew towards the natives was suspected, partly from the loss of several men, and partly from the report of those russians, who were not concerned in the disorderly conduct of their companions, a strict examination took place; by which the following circumstances relating to the voyage were brought to light. [sidenote: narrative of the voyage.] according to the account of some of the crew, and particularly of the commander, after six days sailing they came in sight of the first island on the th of september, at mid-day. they sailed by, and towards evening they discovered the second island; where they lay at anchor until the next morning. the th several inhabitants appeared on the coast, and the pilot was making towards shore in the small boat, with an intention of landing; but observing their numbers increase to about an hundred, he was afraid of venturing among them, although they beckoned to him. he contented himself therefore with flinging some needles amongst them: the islanders in return threw into the boat some sea-fowl of the cormorant kind. he endeavoured to hold a conversation with them by means of the interpreters, but no one could understand their language. and now the crew endeavoured to row the vessel out to sea; but the wind being contrary, they were driven to the other side of the same island, where they cast anchor. the th, tsiuproff having landed with some of the crew in order to look for water, met several inhabitants: he gave them some tobacco and small chinese pipes; and received in return a present of a stick, upon which the head of a seal was carved. they endeavoured to wrest his hunting gun from him; but upon his refusing to part with it and retiring to the small boat, the islanders ran after him; and seized the rope by which the boat was made fast to shore. this violent attack obliged tsiuproff to fire; and having wounded one person in the hand, they all let go their hold; and he rowed off to the ship. the savages no sooner saw that their companion was hurt, than they threw off their cloaths, carried the wounded person naked into the sea, and washed him. in consequence of this encounter the ship's crew would not venture to winter at this place, but rowed back again to the other island, where they came to an anchor. the next morning tsiuproff, and a certain shaffyrin landed with a more considerable party: they observed several traces of inhabitants; but meeting no one they returned to the ship, and coasted along the island. the following day the cossac shekurdin went on shore, accompanied by five sailors: two of whom he sent back with a supply of water; and remained himself with the others in order to hunt sea-otters. at night they came to some dwellings inhabited by five families: upon their approach the natives abandoned their huts with precipitation, and hid themselves among the rocks. shekurdin no sooner returned to the ship, than he was again sent on shore with a larger company, in order to look out for a proper place to lay up the vessel during winter: in their way they observed fifteen islanders upon an height; and threw them some fragments of dried fish in order to entice them to approach nearer. but as this overture did not succeed, tsiuproff, who was one of the party, ordered some of the crew to mount the height, and to seize one of the inhabitants, for the purpose of learning their language: this order was accordingly executed, notwithstanding the resistance which the islanders made with their bone spears; the russians immediately returned with their prisoner to the ship. they were soon afterwards driven to sea by a violent storm, and beat about from the d to the th of october, during which time they lost their anchor and boat; at length they came back to the same island, where they passed the winter. soon after their landing they found in an adjacent hut the dead bodies of two of the inhabitants, who had probably been killed in the last encounter. in their way the russians were met by an old woman, who had been taken prisoner, and set at liberty. she was accompanied with thirty-four islanders of both sexes, who all came dancing to the sound of a drum; and brought with them a present of coloured earth. pieces of cloth, thimbles, and needles, were distributed among them in return; and they parted amicably. before the end of october, the same persons, together with the old woman and several children, returned dancing as before, and brought birds, fish, and other provision. having passed the night with the russians, they took their leave. soon after their departure, tsiuproff, shaffyrin, and nevodsikoff, accompanied with seven of the crew, went after them, and found them among the rocks. in this interview the natives behaved in the most friendly manner, and exchanged a baidar and some skins for two shirts. they were observed to have hatchets of sharpened stone, and needles made of bone: they lived upon the flesh of sea-otters, seals, and sea-lions, which they killed with clubs and bone lances. so early as the th of october, tsiuproff had sent ten persons, under the command of larion belayeff, upon a reconnoitring party. the latter treated the inhabitants in an hostile manner; upon which they defended themselves as well as they could with their bone lances. this resistance gave him a pretext for firing; and accordingly he shot the whole number, amounting to fifteen men, in order to get at their wives. shekurdin, shocked at these cruel proceedings, retired unperceived to the ship, and brought an account of all that had passed. tsiuproff, instead of punishing these cruelties as they deserved, was secretly pleased with them; for he himself was affronted at the islanders for having refused to give him an iron bolt, which he saw in their possession. he had, in consequence of their refusal, committed several acts of hostilities against them; and had even formed the horrid design of poisoning them with a mixture of corrosive sublimate. in order however to preserve appearances, he dispatched shekurdin and nevodsikoff to reproach belayeff for his disorderly conduct; but sent him at the same time, by the above-mentioned persons, more powder and ball. the russians continued upon this island, where they caught a large quantity of sea otters, until the th of september, ; when, no longer thinking themselves secure, they put to sea with an intention of looking out for some uninhabited islands. being however overtaken by a violent storm, they were driven about until the th of october, when their vessel struck upon a rocky shore, and was shipwrecked, with the loss of almost all the tackle, and the greatest part of the furs. worn out at length with cold and fatigue, they ventured, the first of november, to penetrate into the interior part of the country, which they found rocky and uneven. upon their coming to some huts, they were informed, that they were cast away upon the island of karaga, the inhabitants of which were tributary to russia, and of the koraki tribe. the islanders behaved to them with great kindness, until belayeff had the imprudence to make proposals to the wife of the chief. the woman gave immediate intelligence to her husband; and the natives were incensed to such a degree, that they threatened the whole crew with immediate death: but means were found to pacify them, and they continued to live with the russians upon the same good terms as before. the th of may, , a party of olotorians made a descent upon the island in three baidars, and attacked the natives; but, after some loss on both sides, they went away. they returned soon after with a larger force, and were again forced to retire. but as they threatened to come again in a short time, and to destroy all the inhabitants who paid tribute, the latter advised the russians to retire from the island, and assisted them in building two baidars. with these they put to sea the th of june, and landed the st of july at kamtchatka, with the rest of their cargo, consisting of sea-otters, of which, they paid the tenth into the customs. during this expedition twelve men were lost. chap. iii. successive voyages, from_ to , to _beering's_ and _copper island,_ and to the _aleütian isles_.--some account of the inhabitants. in the year [ ] two vessels sailed from the kamtchatka river, according to a permission granted by the chancery of bolckeretsk for hunting sea-otters. one was fitted out by andrew wsevidoff, and carried forty-six men, besides eight cossacs: the other belonged to feodor cholodiloff, andrew tolstyk, and company; and had on board a crew, consisting of forty-one russians and kamtchadals, with six cossacs. [footnote : it may be necessary to inform the reader, that, in this and the two following chapters, some circumstances are occasionally omitted, which are to be found in the original. these omissions relate chiefly to the names of some of the partners engaged in the equipments, and to a detail of immaterial occurrences prior to the actual departure of the vessels.] the latter vessel sailed the th of october, and was forced, by stress of weather and other accidents, to winter at beering's island. from thence they departed may the st, , and touched at another small island, in order to provide themselves with water and other necessaries. they then steered s. e. for a considerable way without discovering any new islands; and, being in great want of provisions, returned into kamtchatka river, august , with a cargo of old sea-otter-skins, above young ones, petsi or arctic fox-skins, which were all slain upon beering's island. we have no sufficient account of wsevidoff's voyage. all that is known amounts only to this, that he returned the th of july, , after having probably touched upon one of the nearest aleütian isles which was uninhabited: his cargo consisted of the skins of sea-otters, and arctic foxes. [sidenote: voyage of emilian yugoff.] emilian yugoff, a merchant of yakutsk, obtained from the senate of st. petersburg the permission of fitting out four vessels for himself and his associates. he procured, at the same time, the exclusive privilege of hunting sea-otters upon beering's and copper island during these expeditions; and for this monopoly he agreed to deliver to the customs the tenth of the furs. october , , he put to sea from bolcheresk, in the sloop john, manned with twenty-five russians and kamtchadals, and two cossacs: he was soon overtaken by a storm, and the vessel driven on shore between the mouths of the rivers kronotsk and tschasminsk. october , he again set sail. he had been commanded to take on board some officers of the russian navy; and, as he disobeyed this injunction, the chancery of irkutsk issued an order to confiscate his ship and cargo upon his return. the ship returned on the d of july, , to new kamtchatkoi ostrog, laden with the skins of old sea-otters, of cub sea-otters, of cubs of sea-bears, and of arctic fox-skins: of the latter were white, and black. these furs were procured upon beering's and copper island. yugoff himself died upon the last-mentioned island. the cargo of the ship was, according to the above-mentioned order, sealed and properly secured. but as it appeared that certain persons had deposited money in yugoff's hand, for the purpose of equipping a second vessel, the crown delivered up the confiscated cargo, after reserving the third part according to the original stipulation. this kind of charter-company, if it may be so called, being soon dissolved for misconduct and want of sufficient stock, other merchants were allowed the privilege of fitting out vessels, even before the return of yugoff's ship; and these persons were more fortunate in making new discoveries than the above-mentioned monopolist. [sidenote: voyage of the boris and glebb.] nikiphor trapesnikoff, a merchant of irkutsk, obtained the permission of sending out a ship, called the boris and glebb, upon the condition of paying, besides the tribute which might be exacted, the tenth of all the furs. the cossac sila sheffyrin went on board this vessel for the purpose of collecting the tribute. they sailed in august, , from the kamtchatka river; and re-entered it the th of the same month, , with a large cargo of furs. in the spring of the same year, they had touched upon an unknown island, probably one of the aleütians, where several of the inhabitants were prevailed upon to pay a tribute of sea-otter skins. the names of the islanders who had been made tributary, were igya, oeknu, ogogoektack, shabukiauck, alak, tutun, ononushan, rotogèi, tschinitu, vatsch, ashagat, avyjanishaga, unashayupu, lak, yanshugalik, umgalikan, shati, kyipago, and oloshkot[ ]; another aleütian had contributed three sea-otters. they brought with them best sea-otter skins, of the second, and of the third sort, female and middle aged, and medwedki or young ones. [footnote : the author here remarks in a note, that the proper names of the islanders mentioned in this place, and in other parts, bear a surprising resemblance, both in their sound and termination, to those of the greenlanders.] [sidenote: voyage of andrew tolstyk to the aleütian isles, .] andrew tolstyk, a merchant of selenginsk, having obtained permission from the chancery of bolsheretsk, refitted the same ship which had made a former voyage; he sailed from kamtchatka august the th, , and returned july the d, . according to the commander's account, the ship lay at anchor from the th of september, , to the th of may, , before beering's island, where they caught only sea-otters. from thence they made to those aleütian islands, which were[ ] first discovered by nevodsikoff, and slew there old and middle-aged sea-otters, and cubs; besides which, their cargo consisted of the skins of blue foxes, and of young sea-bears. [footnote : see chap. ii.] the inhabitants of these islands appeared to have never before paid tribute; and seemed to be a-kin to the tschuktski tribe, their women being ornamented with different figures sewed into the skin in the manner of that people, and of the tungusians of siberia. they differed however from them, by having two small holes cut through the bottom of their under-lips, through each of which they pass a bit of the sea-horse tush, worked into the form of a tooth, with a small button at one end to keep it within the mouth when it is placed in the hole. they had killed, without being provoked, two of the kamtchadals who belonged to the ship. upon the third island some inhabitants had payed tribute; their names were reported to be anitin, altakukor, and aleshkut, with his son atschelap. the weapons of the whole island consisted of no more than twelve spears pointed with flint, and one dart of bone pointed with the same; and the russians observed in the possession of the natives two figures, carved out of wood, resembling sea-lions. [sidenote: voyage of vorobieff, .] august , , the vessel simeon and john, fitted out by the above-mentioned wsevidoff, agent for the russian merchant a. rybenskoi, and manned with fourteen russians (who were partly merchants and partly hunters) and thirty kamtchadals, sailed out for the discovery of new islands, under the command of the cossac vorobieff. they were driven by a violent current and tempestuous weather to a small desert island, whose position is not determined; but which was probably one of those that lie near beering's island. the ship being so shattered by the storm, that it was no longer in a condition to keep the sea, vorobieff built another small vessel with drift-wood, which he called jeremiah; in which he arrived at kamtchatka in autumn, . upon the above-mentioned island were caught old and cub sea-otters, blue foxes, black sea-bears, and kotiki, or cub sea-bears. a voyage made about this time from anadyrsk deserves to be mentioned. [sidenote: voyage of novikoff and bacchoff from anadyrsk.] august , , simeon novikoff of yakutsk, and ivan bacchoff of ustyug, agents for ivan shilkin, sailed from anadyrsk into the mouth of the kamtchatka river. they assigned the insecurity of the roads as their reason for coming from anadyrsk to kamtchatka by sea; on this account, having determined to risk all the dangers of a sea voyage, they built a vessel one hundred and thirty versts above anadyr, after having employed two years and five months in its construction. [sidenote: narrative of te voyage.] the narrative of their expedition is as follows. in , they sailed down the river anadyr, and through two bays, called kopeikina and onemenskaya, where they found many sand banks, but passed round them without difficulty. from thence they steered into the exterior gulph, and waited for a favourable wind. here they saw several tschutski, who appeared upon the heights singly and not in bodies, as if to reconnoitre; which made them cautious. they had descended the river and its bays in nine days. in passing the large opening of the exterior bay, they steered between the beach, that lies to the left, and a rock near it; where, at about an hundred and twenty yards from the rock, the depth of water is from three to four fathoms. from the opening they steered e. s. e. about fifty versts, in about four fathom water; then doubled a sandy point, which runs out directly against the tshuktshi coast, and thus reached the open sea. from the th of july to the th, they were driven about by tempestuous winds, at no great distance from the mouth of the anadyr; and ran up the small river katirka, upon whose banks dwell the koriacs, a people tributary to russia. the mouth of the river is from sixty to eighty yards broad, from three to four fathoms deep, and abounds in fish. from thence they put again to sea, and after having beat about for some time, they at length reached beering's island. [sidenote: shipwreck upon beering's island.] here they lay at anchor from the th of september to the th of october, when a violent storm blowing right from the sea, drove the vessel upon the rocks, and dashed her to pieces. the crew however were saved: and now they looked out for the remains of beering's wreck, in order to employ the materials for the constructing of a boat. they found indeed some remaining materials, but almost entirely rotten, and the iron-work corroded with rust. having selected however the best cables, and what iron-work was immediately necessary, and collected drift-wood during the winter, they built with great difficulty a small boat, whose keel was only seventeen russian ells and an half long, and which they named capiton. in this they put to sea, and sailed in search of an unknown island, which they thought they saw lying north-east; but finding themselves mistaken, they tacked about, and stood far copper island: from thence they sailed to kamtchatka, where they arrived at the time above-mentioned. the new constructed vessel was granted in property to ivan shilkin as some compensation for his losses, and with the privilege of employing it in a future expedition to the new discovered islands. accordingly he sailed therein on the th of october, , with a crew of twenty russians, and the same number of kamtchadals: he was accompanied by studentzoff a cossac, who was sent to collect the tribute for the crown. an account of this expedition will be given hereafter[ ]. [footnote : see chap. v.] [sidenote: voyage of durneff, in the st. nicholas, .] august, , nikiphor trapesnikoff fitted out the shitik st. nicholas, which sailed from kamtchatka under the command of the cossac kodion durneff. he first touched at two of the aleütian isles, and afterwards upon a third, which had not been yet discovered. he returned to kamtchatka in . his cargo consisted of the skins of sea-otters, of female, and cubs; besides which, the crew had obtained in barter from the islanders the skins of sea-otters, of female ditto, and cubs. [sidenote: narrative of the voyage.] from an account delivered in the d of may, , by durneff and sheffyrin, who was sent as collector of the tributes, it appears that they sailed in ten days as far as ataku, one of the aleütian islands; that they remained there until the year , and lived upon amicable terms with the natives. [sidenote: description of the aleütian isles.] the second island, which is nearest to ataku, and which contains the greatest number of inhabitants, is called agataku; and the third shemya: they lie from forty to fifty versts asunder. [sidenote: account of inhabitants.] upon all the three islands there are (exclusive of children) but sixty males, whom they made tributary. the inhabitants live upon roots which grow wild, and sea animals: they do not employ themselves in catching fish, although the rivers abound with all kinds of salmon, and the sea with turbot. their cloaths are made of the skins of birds and of sea-otters. the toigon or chief of the first island informed them by means of a boy, who understood the russian language, that eastward there are three large and well peopled islands, ibiya, ricksa, and olas, whose inhabitants speak a different language. sheffyrin and durneff found upon the island three round copper plates, with some letters engraved upon them, and ornamented with foliage, which the waves had cast upon the shore: they brought them, together with other trifling curiosities, which they had procured from the natives, to new kamtchatkoi ostrog. another ship built of larchwood by the same trapesnikoff, which sailed in under the conduct of alexei drusinin a merchant of kursk, had been wrecked at beering's island, where the crew constructed another vessel out of the wreck, which they named abraham. in this vessel they bore away for the more distant islands; but being forced back by contrary winds to the same island, and meeting with the st. nicholas upon the point of sailing for the aleütian isles, they embarked on that ship, after having left the new constructed vessel under the care of four of their own sailors. the crew had slain upon beering's island five sea-otters, arctic foxes, and sea-bears: their share of the furs, during their expedition in the st. nicholas, amounted to the skins of sea-otters, and of cubs, exclusive of sea-otter-skins, which they procured by barter. chap. iv. voyages from to . some of the further _aleütian_ or _fox islands_ touched at by _serebranikoff's_ vessel.--some account of the natives. three vessels were fitted out for the islands in , one by cholodiloff, a second by serebranikoff agent for the merchant rybenskoy, and the third by ivan krassilnikoff a merchant of kamtchatka. [sidenote: cholodiloff's ship sails from kamchatka .] cholodiloff's ship sailed from kamtchatka, the th of august, manned with thirty-four men; and anchored the th before beering's island, where they proposed to winter, in order to lay-in a flock of provisions: as they were attempting to land, the boat overset, and nine of the crew were drowned. june , , they stood out to sea in quest of new discoveries: the weather however proving stormy and foggy, and the ship springing a leak, they were all in danger of perishing: in this situation they unexpectedly reached one of the aleütian islands, were they lay from the th of september until the th of july, . in the autumn of they were joined by a kamtchadal, and a koriac: these persons, together with four others, had deserted from trapesnikoff's crew; and had remained upon the island in order to catch sea-otters for their own profit. four of these deserters were killed by the islanders for having debauched their wives: but as the two persons above-mentioned were not guilty of the same disorderly conduct, the inhabitants supplied them with women, and lived with them upon the best terms. the crew slew upon this island above sea-otters, and came back safe to kamtchatka in autumn . [sidenote: departure of serebranikoff's vessel.] serebranikoff's vessel sailed in july , manned also with thirty-four russians and kamtchadals: they discovered several new islands, which were probably some of the more distant ones; but were not so fortunate in hunting sea-otters as cholodiloff's crew. they steered s. e. and on the th of august anchored under an unknown island; whose inhabitants spoke a language they did not understand. here they proposed looking out for a safe harbour; but were prevented by the coming on of a sudden storm, which carried away their anchor. the ship being tost about for several days towards the east, they discovered not far from the first island four others: still more to the east three other islands appeared in sight; but on neither of these were they able to land. [sidenote: shipwrecked upon one of the more distant islands.] the vessel continued driving until the d of september, and was considerably shattered, when they fortunately came near an island and cast anchor before it; they were however again forced from this station, the vessel wrecked upon the coast, and the crew with difficulty reached the shore. this island seemed to be right opposite to katyrskoi noss in the peninsula of kamtchatka, and near it they saw three others. towards the end of september demitri trophin, accompanied with nine men, went out in the boat upon an hunting and reconnoitring party: they were attacked by a large body of inhabitants, who hurled darts from a small wooden engine, and wounded one of the company. the first fire however drove them back; and although they returned several times to the attack in numerous bodies, yet they were always repulsed without difficulty. [sidenote: account of the inhabitants.] these savages mark and colour their faces like the islanders above-mentioned; and also thrust pieces of bone through holes made in their under-lips. soon afterwards the russians were joined in a friendly manner by ten islanders, who brought the flesh of sea-animals and of sea-otters; this present was the more welcome, as they had lived for some time upon nothing but small shell-fish and roots; and had suffered greatly from hunger. several toys were in return distributed among the savages. [sidenote: the crew construct another vessel, and return to kamtchatka.] the russians remained until june, , upon this island: at that time they departed in a small vessel, constructed from the remains of the wreck, and called the st. peter and paul: in this they landed at katyrskoi noss; where having collected sea-horse teeth, they got safe to the mouth of the kamtchatka river. during this voyage twelve kamtchadals deserted; of whom six were slain, together with a female inhabitant, upon one of the most distant islands. the remainder, upon their return to kamtchatka, were examined; and from them the following circumstances came to light. the island, where the ship was wrecked, is about versts long, and broad. around it lie twelve other islands of different sizes, from five to ten versts distant from each other. eight of them appear to be no more than five versts long. all these islands contain about a thousand souls. the dwellings of the inhabitants are provided with no other furniture than benches, and mats of platted grass[ ]. their dress consists of a kind of shirt made of bird-skins, and of an upper garment of intestines stitched together; they wear wooden caps, ornamented with a small piece of board projecting forwards, as it seemed, for a defence against the arrows. they are all provided with stone knives, and a few of them possess iron ones: their only weapons are arrows with points of bone or flint, which they shoot from a wooden instrument. there are no trees upon the island: it produces however the cow-parsnip[ ], which grows at kamtchatka. the climate is by no means severe, for the snow does not lie upon the ground above a month in the year. [footnote : matten aus einem gevissen krautgeflochten.] [footnote : heracleum.] [sidenote: departure of krassilnikoff's vessel.] krassilnikoff's vessel sailed in , and anchored on the th of october before beering's island; where all the ships which make to the new discovered islands are accustomed to winter, in order to procure a stock of salted provisions from the sea-cows and other amphibious animals, that are found in great abundance. here they refitted the vessel, which had been damaged by driving upon her anchor; and having laid in a sufficient store of all necessaries, weighed the st of august, . the th they were in sight of an island, whose coast was lined with such a number of inhabitants, that they durst not venture ashore. accordingly they stood out to sea, and being overtaken by a storm, they were reduced to great distress for want of water; at length they were driven upon copper island, where they landed; and having taken in wood and water, they again set sail. [sidenote: shipwrecked upon copper island.] they were beat back however by contrary winds, and dropped both their anchors near the shore; but the storm increasing at night, both the cables were broken, and the ship dashed to pieces upon the coast. all the crew were fortunately saved; and means were found to get ashore the ship's tackle, ammunition, guns, and the remains of the wreck; the provisions, however, were mostly spoiled. here they were exposed to a variety of misfortunes; three of them were drowned on the th of october, as they were going to hunt; others almost perished with hunger, having no nourishment but small shell-fish and roots. on the th of december great part of the ship's tackle, and all the wood, which they had collected from the wreck, was washed away during an high sea. notwithstanding their distresses, they continued their hunting parties, and caught sea-otters, together with blue foxes. [sidenote: the crew reach beering's island in two baidars.] in spring they put to sea for beering's island in two baidars, carrying with them all the ammunition, fire-arms, and remaining tackle. having reached that island, they found the small vessel abraham, under the care of the four sailors who had been left ashore by the crew of trapesnikoff's ship: but as that vessel was not large enough to contain the whole number, together with their cargo of furs, they staid until serebranikoff's and tolstyk's vessels arrived. these took in eleven of the crew, with their part of the furs. twelve remained at beering's island, where they killed great numbers of arctic foxes, and returned to kamtchatka in the abraham, excepting two, who joined shilkin's crew. chap. v. voyages from to . [sidenote: voyage of andrean tolstyk in to the aleütian isles.] september , , the vessel andrean and natalia, fitted out by andrean tolstyk, merchant of selenginsk, and manned with thirty-eight russians and kamtchadals, sailed from the mouth of the kamtchatka river. the autumnal storms coming on, and a scarcity of provisions ensuing, they made to beering's island, where they continued until the th of june . as no sea-otters came on shore that winter, they killed nothing but seals, sea-lions, and sea-cows; whose flesh served them for provision, and their skins for the coverings of baidars. june , , they weighed anchor, and after eleven days sailing came to ataku, one of the aleütian isles discovered by nevodsikoff. here they found the inhabitants, as well of that, as of the other two islands, assembled; these islanders had just taken leave of the crew of trapesnikoff's vessel, which had sailed for kamtchatka. the russians seized this opportunity of persuading them to pay tribute; with this view they beckoned the toigon, whose name was tunulgasen: the latter recollected one of the crew, a koriac, who had formerly been left upon these islands, and who knew something of their language. a copper kettle, a fur and cloth coat, a pair of breeches, stockings and boots, were bestowed upon this chief, who was prevailed upon by these presents to pay tribute. upon his departure for his own island, he left behind him three women and a boy, in order to be taught the russian language, which the latter very soon learned. the russians wintered upon this island, and divided themselves, as usual, into different hunting parties: they were compelled, by stormy weather, to remain there until the th of june, : before they went away, the above-mentioned chief returned with his family, and paid a year's tribute. this vessel brought to kamtchatka the most circumstantial account of the aleütian isles which had been yet received. [sidenote: account of those islands.] the two largest contained at that time about fifty males, with whom the russians had lived in great harmony. they heard of a fourth island, lying at some distance from the third, called by the natives iviya, but which they did not reach on account of the tempestuous weather. the first island is about an hundred versts long and from five to twenty broad. they esteemed the distance from the first to the second, which lies east by south, to be about thirty versts, and about forty from the latter to the third, which stands south east. the original dress of the islanders was made of the skins of birds, sea-otters and seals, which were tanned; but the greatest part had procured from the russians dog-skin coats, and under-garments of sheep-skin, which they were very fond of. they are represented as naturally talkative, quick of apprehension, and much attached to the russians. their dwellings are hollowed in the ground, and covered with wooden roofs resembling the huts in the peninsula of kamtchatka. their principal food is the flesh of sea animals, which they harpoon with their bone lances; they also feed upon several species of roots and berries: namely [ ]cloud-berries, crake-berries, bilberries, and services. the rivulets abound with salmon, and other fish of the trout kind similar to those of kamtchatka; and the sea with turbot, which are caught with bone hooks. [footnote : rubus chamæmorus--empetrum--myrtillus--sorbus.] these islands produce quantities of small osiers and underwood, but no large trees: the sea however drives ashore fir and larch, sufficient for the construction of their huts. there are a great number of arctic foxes upon the first island, as well as sea-otters; and the shores, during stormy weather, are covered with wild geese and ducks. the russians, according to the order of the chancery of bolcheretsk, endeavoured to persuade the toigon of these islands to accompany them to kamtchatka, but without success: upon their departure they distributed among the islanders some linen, and thirteen nets for the purpose of catching sea-otters, which were very thankfully received. this vessel brought to kamtchatka the skins of old and young sea-otters, of old and young arctic foxes, and of medwedki or cubs of sea-otters. in the year , ivan nikiphoroff, a merchant of moscow, sent out a vessel: but we have no further account of this voyage, than that she sailed to the fox islands, at least as far as umnak. [sidenote: voyage of ivan shilkin in the capiton .] the small vessel capiton, the same that was built upon beering's island, and which was given to the merchant [ ]ivan shilkin, put to sea september , , carrying on board the cossac ignatius studentsoff, who has given an account of the voyage. [footnote : see chap. iii.] they had not long sailed, before they were driven back to the shore of kamtchatka by stress of weather, and the vessel stranded; by which accident they lost the rudder and one of the crew. this misfortune prevented them from putting to sea again until the following year, with thirty-nine of the original crew, several persons being left behind on account of sickness. they made directly to beering's island, where they took up two of krasilnikoff's crew[ ], who had been shipwrecked. they again set sail in august of the same year, and touched at the nearest aleütian isles, after suffering greatly from storms. they then continued their course to the remoter islands lying between east and south east; and having passed by the first, they anchored before the second. a boat being immediately sent out towards the shore, the crew was attacked by a numerous body of islanders in so sudden a manner, that they had scarcely time to secure themselves by returning to the vessel. they had no sooner got aboard, than a violent gale of wind blowing from the shore broke the cable, and drove them out to sea. [sidenote: shipwrecked upon one of the fox islands.] the weather became suddenly thick and foggy; and under these circumstances the vessel was forced upon a small island at no great distance from the other, and shipwrecked. the crew got to shore with difficulty, and were able to save nothing but the fire-arms and ammunition. [footnote : see chap. iv.] they had scarcely got to land, before they were beset by a number of savages, rowing in baidars from the western point of the island. this attack was the more to be dreaded, because several of the russians were disabled by cold and wet; and there remained only fifteen capable of defending themselves. they advanced however without hesitation to the islanders; and one nicholas tsiuproff (who had a slight knowledge of their language) accosted and endeavoured to sooth them, but without success. for upon their approach the savages gave a sudden shout, and saluting them at the same time with a volley of darts, wounded one person in the hand. upon this the russians fired, killed two of the assailants, and forced the remainder to retire: and although a fresh body appeared in sight, as if they were coming to the assistance of their companions, yet no new attack was made. soon afterwards the savages left the island, and rowed across the strait. from the th of september to the d of april, they underwent all the extremities of famine: during that period their best fare was shell-fish and roots; and they were even at times reduced to still the cravings of their appetite with the leather, which the waves washed ashore from the wreck. seventeen died of hunger, and the rest would soon have followed their companions, if they had not fortunately discovered a dead whale, which the sea had cast ashore. [sidenote: the crew construct a small vessel, and are again shipwrecked.] they remained upon this island another winter, where they slew sea-otters: and having built a small vessel out of the remains of the wreck, they put to sea in the beginning of summer . they had scarcely reached one of the aleütian islands, where serebranikoff's vessel lay at anchor, when they were again shipwrecked, and lost all the remaining tackle and furs. only thirteen of the crew now remained, who returned on board the above-mentioned vessel to kamtchatka july . chap. vi. voyages in , , and --to the _fox islands_--in the _st. vladimir_, fitted out by _trapesnikoff_--and in the _gabriel_, by _betshevin_--the latter under the command of _pushkareff_ sails to _alaksu_ or _alachskak_, one of the remotest eastern islands hitherto visited--some account of its inhabitants, and productions, which latter are different from those of the more western islands. [sidenote: voyage of the st. vladimir, commanded by paikoff, .] september , the merchant simeon krasilnikoff and nikiphor trapesnikoff fitted out two vessels for the purpose of catching sea-otters. one of these vessels, called the st. vladimir, sailed the th under the command of demetri paikoff, carrying on board the cossac sila shaffyrin as collector of the tribute, and a crew of forty-five men. in twenty-four hours they reached beering's island, where they wintered. july , , they steered towards the south in order to discover land, but being disappointed, they bore away to the north for the aleütian isles: being prevented however by contrary winds from reaching them, they sailed streight towards the distant islands, which are known at present under the name of lyssie ostrova or the fox islands. [sidenote: arrival at the fox island.] september , they reached the first of these, called by the natives atchu, and by the russians goreloi or the burnt island: but as the coasts were very steep and craggy, they made to amlach, lying at a small distance, where they determined to pass the winter. they divided themselves accordingly into three parties; the first, at the head of which was alexèy drusinin, went over to a small island called in the journal sitkin; the cossac shaffyrin led the second, consisting of ten persons, to the island atach; and simeon polevoi remained aboard with the rest of the crew. all these islands were well peopled; the men had bones thrust through their ears, under lips, and gristle of their noses; and the faces of the women were marked with blackish streaks made with a needle and thread in the skin, in the same manner as a cossac one of the crew had observed before upon some of the tschutski. the inhabitants had no iron; the points of their darts and lances were tipped with bone and flint. they at first imagined, that amlach was uninhabited; but in one of their hunting parties they found a boy of eight years old, whom they brought with them: they gave him the name of hermolai, and taught him the russian language, that he might serve as an interpreter. after penetrating further they discovered an hut, wherein were two women, four men, and as many boys, whom they treated kindly, and employed in hunting, fishing, and in digging of roots. this kind behaviour encouraged others to pay frequent visits, and to exchange fish and flesh for goat's hair, horses manes, and glass beads. they procured also four other islanders with their wives, who dug roots for them: and thus the winter passed away without any disturbance. in the spring the hunting parties returned; during these excursions one man alone was killed upon the island atach, and his fire-arms taken away by the natives. june , the same parties were sent again to the same islands. shaffyrin, who headed one of the parties, was soon afterwards killed, with eleven men, by the inhabitants of atach, but for what reason is not known.--drusinin received the first information of this massacre from some inhabitants of sitkin, where he then was; and immediately set out with the remaining hunters to join their companions, who were left on board. although he succeeded in regaining the vessel, their number was by this time so considerably reduced that their situation appeared very dangerous: he was soon however relieved from his apprehensions by the arrival of the merchant betshevin's vessel at the island of atchu[ ]. the two crews entered into partnership: the st. vladimir received twenty-two men, and transferred eleven of her own to the other vessel. the former wintered at amlach, and the latter continued at anchor before atchu. [footnote : atach and atchu are two names for the same island, called also by the russians goreloi or burnt island.] [sidenote: voyage of pushkareff, .] this vessel, fitted out at the expence of betshevin, a merchant of irkutsk, was called gabriel; and put to sea from the mouth of the bolshaia reka july st, . she was manned with forty russians and twenty kamtchadals, and carried on board gabriel pushkareff, of the garrison of ochotsk, andrew shdanoff, jacob sharypoff, prokopèi lobashkoff, together with nikiphor golodoff, and aphanassei oskoloff, betshevin's agents. having sailed through the second strait of the kuril isles, they reached the aleütian isles on the th of august. they stood out from thence in order to make new discoveries among those more remote islands, which lie in one continued chain to the extent of degrees of longitude. [sidenote: reaches atchu, one of the fox islands.] september they reached atchu, or burnt island, and found the above-mentioned ship the st. vladimir, lying twenty versts from that island, before amlach, in danger of being attacked by the islanders. they immediately joined crews in order to enable the enfeebled company of the st. vladimir to continue hunting; and as it is usual in such cases, entered into a contract for the division of the profit. during that winter the two crews killed partly upon siguyam, about sea otters of different sizes, about medwedki or cubs, some river otters, above red, greyish, and black foxes, and collected twelve pood of sea-horse teeth. [sidenote: departs from thence.] in june, of the following year, the two crews were distributed equally on board the two vessels: krassilnikoff's remained at amlach, with an intention of returning to kamtchatka, and belshevin's put to sea from atchu in quest of other islands. they touched first at umnak where they met nikiphoroff's vessel. here they took in wood and water, and repaired their sails: they then sailed to the most remote island alaksu[ ], or alachshak, where, having laid up the ship in a bay, they built huts, and made preparations for wintering. [sidenote: winters upon alaksu.] this island was very well inhabited, and the natives behaved at first in a very friendly manner, for they trafficked with the russians, and even delivered up nine of their children as hostages; but such was the lawless and irregular behaviour of the crew, that the islanders were soon irritated and provoked to hostilities. [footnote : this is probably the same island which is laid down in krenitzin's chart under the name of alaxa.] in january , golodoff and pushkareff went with a party of twenty men along the shore; and, as they were attempting to violate some girls upon the island unyumga, were surprised by a numerous body of the natives: golodoff and another russian were killed, and three were wounded. not long afterwards the watch of the crew was suddenly attacked by the islanders; four men were slain upon the spot, as many wounded, and the huts reduced to ashes. may , lobaschkoff and another russian were killed, as they were going to bathe in the warm springs, which lie about five versts from the haven: upon which seven of the hostages were put to death. the same month the natives attempted to surprise the russians in their huts; but being fortunately discovered in time were repulsed by means of the fire arms. at length the russians, finding themselves in continual danger from these attempts, weighed anchor, and sailed for umnak, where they took up two inhabitants with their wives and children, in order to shew them other islands. they were prevented however by tempestuous weather from reaching them; and were driven out to sea westward with such violence, that all their sails were carried away: at length on the d of september they struck against land, which they took for the peninsula of kamtchatka; and they found it to be the district of stobolikoi ostrog. six men were immediately dispatched in the small boat and two baidars to land: they carried with them several girls (who had been brought from the new discovered islands) in order to gather berries. mean while the crew endeavoured to ply the ship to the windward. when the boat returned, those on board were scarcely able, on account of the storm, to row to the ship, and to catch hold of a rope, which was flung out to them. two men remained with the baidars, and were afterwards carried by some kamtchadals to new kamtchatkoi ostrog. the ship without one sail remaining was driven along the coast of kamtchatka towards avatcha, and about seventy versts from that harbour ran into the bay of kalatzoff on the th of september. their cargo consisted of the skins of old and young sea-otters, and of foxes. pushkareff and his crew had during this voyage behaved with such inhumanity towards the islanders, that they were brought to trial in the year ; and the above-mentioned account is taken from the concurring evidence of several witnesses. it appears also, that they brought away from atchu and amleg two aleütian men and three boys, ivan an aleütian interpreter, and above twenty women and girls whom they debauched. ivan, and one of the boys whom they called moses, were the only persons who arrived at kamtchatka. upon their first approach to that coast, fourteen women were sent ashore to dig roots and to gather berries. of these, two ran away, and a third was killed, as they were returning to the ship by one gorelin: upon this the others in a fit of despair leaped into the sea and were drowned. all the remaing aleütians, excepting the two persons above-mentioned, were immediately thrown overboard by pushkareff's order. the account which follows, although it is found in the depositions, deserves not to be entirely credited in all particulars. [sidenote: account of the inhabitants of alacksu.] the natives of the above-mentioned islands are very tall and strongly made. they make their cloaths of the skins of birds; and thrust bones through their under-lips by way of ornament. they were said to strike their noses until they bled, in order to suck the blood; but we are informed from subsequent accounts, that the blood thus drawn from themselves was intended for other purposes[ ]. they were accused even of murdering their own children in order to drink their blood; but this is undoubtedly an invention of the criminals, who represented the islanders in the most hideous colours, in order to excuse their own cruelties. their dwellings under-ground are similar to those of the kamtchadals; and have several openings on the sides, through which they make their escape when the principal entrance is beset by an enemy. their weapons consist of arrows and lances pointed with bone, which they dart at a considerable distance. [footnote : it appears in the last chapter of this translation, that the islanders are accustomed to glue on the point of their darts with blood; and that this was the real motive to the practice mentioned in the text.] [sidenote: animals.] the island alaksu is said to contain rein-deer, bears, wild boars, wolves, otters, and a species of dogs with long ears, which are very fierce and wild. and as the greatest part of these animals are not found upon those fox islands which lie nearer to the west, this circumstance seems to prove that alaksu is situated at no great distance from the continent of america. as to red, black, and grey foxes, there is so large a quantity, that they are seen in herds of ten or twenty at a time. wood is driven upon the coast in great abundance. the island produces no large trees, having only some underwood, and a great variety of bulbs, roots, and berries. the coasts are frequented by large flocks of sea-birds, the same which are observed upon the shore of the sea of penshinsk. [sidenote: voyage of the peter and paul to the aleütian islands, .] august , , the peter and paul, fitted out at the expence of the merchant rybenskoi by his agent andrew serebranikoff, and manned with thirty-three persons, set sail from the mouth of the kamtchatka river. they steered southwards until the th of september without seeing any land, when they stood for the aleütian isles, one of which they reached the th of september. they remained there until the th of june, ; during which time they killed upon this and the two other islands old and young sea-otters, and obtained more by bartering with the islanders. the cossac minyachin, who was on board as collector of the tribute, calls in his account the first island by the russian name of krugloi, or round island, which he supposes to be about sixty versts in circumference: the largest island lies thirty versts from thence, and is about an hundred and fifty round: the smallest is about thirty versts from the latter, and is forty in circumference. these three islands contain several high rocky mountains. the number of inhabitants were computed to be about forty-two men, without reckoning women and children. chap. vii. voyage of _andrean tolstyk_ in the _st. andrean_ and _natalia_--discovery of some new islands called _andreanoffskye ostrova_--description of six of those islands. [sidenote: voyage of andrean tolstyk in the st. andrean and natalia, .] the most remarkable voyage hitherto made is that of the st. andrean and natalia, of which the following extract is drawn from the journals of the two cossacs, peter wasyutinskoi and maxim lasaroff. this vessel, fitted out by the above-mentioned merchant andrean tolstyk, weighed from the mouth of the kamtchatka river september , ; she stood out to sea right eastwards, and on the th reached beering's island. there she lay at anchor in a bay, from whence the crew brought all the tackle and lading ashore. soon afterwards they were driven upon the shore by a violent autumnal storm, without any other damage than the loss of an anchor. here they passed the winter; and having refitted their vessel, put to sea june , : they passed by copper island, which lies about an hundred and fifty versts from the former, and steered s. e. towards the aleütian isles, which they did not reach before the th of august. [sidenote: reaches ayagh, one of the andreanoffikye islands.] they cast anchor in an open bay near attak, in order to procure an interpreter from the toigon tunulgasen; but the latter being dead, they sent presents to the toigon bakutun. as there were already three ships lying at anchor before this island, on the th they again stood out to sea in quest of the more distant islands, for the purpose of exacting a tribute. they carried on board a relation of the toigon bakutun, who had a slight knowledge of the russian language. they steered n. e. and n. e. by e. and were driven, on the th, by a high gale of wind towards an island, before which they immediately cast anchor. the following morning the two cossacs with a party of eight persons went ashore to reconnoitre the island; they saw no inhabitants. august , the vessel was brought into a safe bay. the next day some of the crew were sent ashore to procure wood, that the ship might be refitted; but there were no large trees to be met with upon the whole island. lasaroff, who was one of the party, had been there before in serebranikoff's vessel: he called the island ayagh or kayachu; and another, which lay about the distance of twenty versts, kanaga. as they were returning to the ship, they saw two islanders rowing in small canoes towards kanaga, one of whom had served as an interpreter, and was known to lasaroff. the latter accordingly made them a present of some fresh provision, which the others gratefully accepted, and then continued their course across the strait to kanaga. soon afterwards lasaroff and eight men rowed over to that island, and having invited the toigon, who was a relation of the above-mentioned interpreter, to pay them a visit at kayachu, they immediately returned to the ship. near the place where they lay at anchor, a rivulet falls into the bay; it flows from a lake that is about two or three versts in circumference, and which is formed from a number of small springs. its course is about eight versts long; and in summer several species of salmon and other fish, similar to those which are found at kamtchatka, ascend the stream as far as the lake. lasaroff was employed in fishing in this rivulet, when the toigon of kanaga, accompanied with a considerable number of the natives in fifteen baidars, arrived at the ship: he was hospitably entertained, and received several presents. the russians seized this opportunity of persuading the islanders to acknowledge themselves subject to the empress, and to pay a regular tribute; to which they made no great objection. by means of the interpreter, the following information was obtained from the toigon. the natives chiefly subsist upon dried fish and other sea animals. they catch [ ]turbot of a very large size, and take seals by means of harpoons, to which they fasten bladders. they fish for cod with bone hooks, and lines made of a long and tough species of sea-weed, which they dip in fresh water and draw out to the size of a fine packthread. [footnote : the author adds, that these turbot [paltus] weigh occasionally seven or eight pood.] as soon as the vessel was laid up in a secure place, tolstyk, vassyutin and lasaroff, with several others, went in four baidars to kanaga. the first remained upon that island, but the two others rowed in two baidars to tsetchina, which is separated from kanaga by a strait about seven versts in breadth: the islanders received them amicably, and promised to pay tribute. the several parties returned all safe to kayachu, without having procured any furs. soon afterwards tolstyk dispatched some hunters in four baidars to tagalak, atchu, and amlach, which lay to the east of kayachu: none of these party met with any opposition from the natives: they accordingly remained with great tranquillity upon these several islands until the year . their success in hunting was not however very great; for they caught no more than full grown sea-otters, middle-aged, and cubs. [sidenote: description of the andreanoffskye islands.] the following is lasaroff's description of the above-mentioned six islands[ ] which lie in a chain somewhat to the north west of the fox islands, and must not be blended with them. the first certain account was brought by this vessel, the st. andrean and natalia, from whence they are called the andreanoffskie ostrova or the islands of st. andrean. [footnote : these are the six islands described by mr. stæhlin in his description of the new archipelago. see appendix i. n^o. v.] [sidenote: ayagh.] ayagh is about an hundred and fifty versts in circumference: it contains several high and rocky mountains, the intervals of which are bare heath and moor ground: not one forest tree is to be found upon the whole island. the vegetables seem for the most part like those which grow in kamtchatka. of berries there are found [ ]crow or crake-berries and the larger sort of bilberries, but in small quantities. of the roots of burnet and all kinds of snake weed, there is such abundance as to afford, in case of necessity, a plentiful provision for the inhabitants. the above-mentioned rivulet is the only one upon the island. the number of inhabitants cannot sufficiently be ascertained, because the natives pass continually from island to island in their baidars. [footnote : empetrum, vaccin. uliginosum, sanguisorba, & bistorta.] [sidenote: kanaga.] kanaga stands west from ayagh, and is two hundred versts in circumference. it contains an high volcano where the natives find sulphur in summer. at the foot of this mountain are hot springs, wherein they occasionally boil their provision. there is no rivulet upon this island; and the low grounds are similar to those of ayagh. the inhabitants are reckoned about two hundred souls. [sidenote: tsetchina.] tsetchina lies eastward about forty versts from kanaga, and is about eighty in circumference. it is full of rocky mountains, of which the bielaia sopka, or the white peak, is the highest. in the valley there are also some warm springs, but no rivulet abounding in fish: the island contains only four families. [sidenote: tagalak.] tagalak is forty versts in circumference, ten east from tsetchina: it contains a few rocks, but neither rivulets with fish, nor any vegetable production fit for nourishment. the coasts are rocky, and dangerous to approach in baidars. this island is also inhabited by no more than four families. [sidenote: atchu.] atchu lies in the same position forty versts distant from tagalak, and is about three hundred in circumference: near it is an harbour, where ships may ride securely at anchor. it contains many rocky mountains; and several small rivulets that fall into the sea, and of which one running eastwards abounds in fish. the roots which have just before been mentioned, and bulbs of white lilies, are found there in plenty. its inhabitants amount to about sixty souls. [sidenote: amlach.] amlach is a mountainous island standing to the east more than seven versts from atchu, and is also three hundred in circumference. it contains the same number of inhabitants as atchu, has a commodious haven, and produces roots in abundance. of several small rivulets there is one only which flows towards the north, that contains any fish. besides these a cluster of other islands were observed stretching farther to the east, which were not touched upon. [sidenote: account of the inhabitants.] the inhabitants of these six islands are tributary to russia. they live in holes dug in the earth, in which they make no fires even in winter. their clothes are made like shirts, of the skins of the [ ]guillinot and puffin, which they catch with springes. over these in rainy weather they wear an upper garment, made of the bladders and other dried intestines of seals and sea-lions oiled and stitched together. they catch cod and turbot with bone hooks, and eat them raw. as they never lay in a store of provision, they suffer greatly from hunger in stormy weather, when they cannot go out to fish; at which time they are reduced to live upon small shell-fish and sea-wrack, which they pick up upon the beach and eat raw. in may and june they kill sea-otters in the following manner: when the weather is calm, they row out to sea in several baidars: having found the animal, they strike him with harpoons, and follow him so closely, that he cannot easily escape. they take sea dogs in the same manner. in the severest weather they make no addition to their usual cloathing. in order to warm themselves in winter, whenever it freezes very hard, they burn a heap of dry grass, over which they stand and catch the heat under their clothes. the clothes of the women and children are made of sea-otter skins, in the same form as those belonging to the men. whenever they pass the night at a distance from home, they dig a hole in the earth, and lay themselves down in it, covered only with their clothes and mats of platted grass. regardless of every thing but the present moment, destitute of religion, and without the least appearance of decency, they seem but few degrees removed from brutes. [footnote : colymbus troile, alca arctica.] as soon as the several baidars sent out upon hunting parties were returned, and the vessel got ready for their departure, the toigons of these islands (excepting kanaga) came in baidars to tolstyk, accompanied with a considerable number of the natives; their names were tsarkulini, tshunila, kayugotsk and mayatok. they brought with them a voluntary tribute, making presents of pieces of dried salmon, and unanimously expressing their satisfaction upon the good conduct of the russians. tolstyk gave them in return some toys and other trifles, and desired them to recommend to the inhabitants of the other islands the like friendly behaviour towards the russian merchants who should come amongst them, if they had a mind to be treated in the same manner. june , , they sailed for kamtchatka, and anchored on the th before shemiya, one of the aleütian islands. the st they were forced from their anchor by tempestuous winds, and driven upon a rocky shore. this accident obliged them to send the lading ashore, and to draw the ship upon land in order to repair the damage, which was done not without great difficulty. on the th of august they stood out to sea and made towards atchu, which they reached on the th. having sprung a leak they again refitted the vessel; and, after taking on board the crew of a ship which had been lately cast away, they sailed for kamtchatka. [sidenote: the vessel wrecked upon the coast of kamtchatka.] on the th of september they came in sight of that peninsula near tzaschminskoi ostrog; and on the th, as they were endeavouring to run into the mouth of the kamtchatka river, they were forced by a storm upon the coast. the vessel was destroyed, and the greatest part of the cargo lost. chap. viii. voyage of the _zacharias_ and _elizabeth_, fitted out by _kulkoff_, and commanded by _drusinin_--they sail to _umnak_ and _unalashka_, and winter upon the latter island--the vessel destroyed, and all the crew, except four, murdered by the islanders--the adventures of these four _russians_, and their wonderful escape. i shall here barely mention that a vessel was fitted out in august, , at the expence of terrenti tsebaëfskoi: but i shall have occasion to be very circumstantial in my accounts concerning several others, which sailed during the following years: more copious information concerning the fox islands having been procured from these voyages, although for the most part unfortunate, than from all the preceding ones. in four vessels sailed for the fox islands: of these only one returned safe to kamtchatka. [sidenote: voyage of drusinin in the zacharias and elizabeth, .] the first was the zacharias and elizabeth, fitted out by kulkoff, a merchant of vologda and company, under the command of drusinin, and manned by thirty-four russians, and three kamtchadals. september the th, they weighed anchor from ochotsk, and arrived october the th in the haven of st. peter and paul, where they wintered. june the th, , they again put to sea, and having reached, after eleven days sailing, the nearest aleütian islands, they anchored before atach. they staid here about fourteen days, and took up seven russians who had been shipwrecked on this coast. among these was korelin, who returned to kamtchatka, and brought back the following account of the voyage. july the th, they sailed from atach towards the more distant islands. in the same month they landed upon an island, where the crew of the andrean and natalia was engaged in hunting; and, having laid in a provision of water, continued their voyage. [sidenote: arrival at umnak.] in the beginning of september they arrived at umnak, one of the fox islands, and cast anchor about a verst from the shore. they found there glottoff's vessel, whose voyage will be mentioned in a succeeding chapter[ ]. drusinin immediately dispatched his first mate maesnisk and korelin, with thirty-four of the crew, to land. they passed over to the eastern extremity of the island, which was distant about seventy versts from the vessel; and returned safe on the th of september. during this expedition, they saw several remains of fox-traps which had been set by the russians; and met with several natives who shewed some tribute-quittances. the same day letters were brought by the islanders from medvedeff and korovin[ ], who were just arrived at umnak and unalashka in two vessels fitted out by the merchants protassoff and trapesnikoff. answers were returned by the same messengers. [footnote : chap. x.] [footnote : see the following chapter.] [sidenote: winters at unalashka.] on the d, drusinin sailed to the northern point of unalashka, which lies about fifteen versts from umnak: the crew, having laid up the vessel in a safe harbour, and brought the lading ashore, made preparation to construct an hut. soon after their arrival, two toigons of the nearest village brought hostages of their own accord; their example was immediately followed by several of the more distant villages. here they received information of an hunting party sent from trapesnikoff's ship. upon which maesnyk also dispatched three companies upon the same errand, one consisting of eleven men, among whom was korelin, under the command of peter tsekaleff; a second of the same number, under michael kudyakoff; and a third of nine men, under yephim kaskitsyn. of these three parties, tsekaleff's was the only one of which we have received any circumstantial account: for not a single person of the other two parties, or of the crew remaining on board, ever returned to kamtchatka. kaskitsyn remained near the haven, and the two other companies were dispatched to the northern point of the island. kudyakoff stopped at a place called kalaktak, which contained about forty inhabitants; tsekaleff went on to inalok, which lies about thirty versts from kalaktak. he found there a dwelling with about seventy inhabitants, whom he behaved to with kindness: he built an hut for himself and his companions, and kept a constant watch. [sidenote: all the crew, except four russians, destroyed by the natives.] december the th, six of the party being dispatched to look after the pit-falls, there remained only five russians: namely, peter tsekaleff, stephen korelin, dmitri bragin, gregory shaffyrin, and ivan kokovin: the islanders took this opportunity of giving the first proofs of their hostile intentions, which they had hitherto concealed. as tsekaleff and shaffyrin were upon a visit to the islanders, the latter suddenly, and without any provocation, struck tsekaleff upon the head with a club, and afterwards stabbed him with knives. they next fell upon shaffyrin, who defended himself with an hatchet, and, though desperately wounded, forced his way back to his companions. bragin and korelin, who remained in the hut, had immediate recourse to their fire-arms; but kokovin, who was at a small distance, was surrounded by the savages, and thrown down. they continued stabbing him with knives and darts, until korelin came to his assistance; the latter having wounded two islanders, and driven away the others, brought kokovin half-dead to the hut. [sidenote: the adventures of the four russians upon unalaskka.] soon afterwards the natives surrounded the hut, which the russians had taken the precaution to provide with shooting-holes. the siege lasted four days without intermission. the islanders were prevented indeed by the fire-arms from storming the hut; but whenever the russians made their appearance, darts were immediately shot at them from all sides; so that they could not venture to go out for water. at length when shaffyrin and kokovin were a little recovered, they all sallied out upon the islanders with their guns and lances; three persons were killed upon the spot, and several wounded; upon which the others fled away and dispersed. during the siege the savages were seen at a little distance bearing some arms and caps, and holding them up in triumph: these things belonged to the six russians, who had been sent to the pit-falls, and had fallen a sacrifice to the resentment of the natives. the latter no sooner disappeared, than the russians dragged the baidar into the sea, and rowed without molestation out of the bay, which is about ten versts broad. they next landed near a small habitation: finding it empty they drew the baidar ashore, and went with their fire-arms and lances across the mountains towards kalaktak, where they had left kudyakoff's party. as they approached that place towards evening, they fired from the heights; but no signal being returned, they concluded, as was really the case, that this company had likewise been massacred by the inhabitants. they themselves narrowly escaped the same fate; for, immediately upon the report of the fire-arms, numerous bodies of the islanders made their appearance, and closely pursued the russians: darkness however coming on, the latter found means to escape over the sandy shore of a bay to a rock, where they were sheltered, and could defend themselves. they here made so good a use of their arms, that the islanders thought proper to retire: the fugitives, as soon as their pursuers were withdrawn, seized the opportunity of proceeding towards the haven, where their vessel lay at anchor: they ran without interruption during the whole night, and at break of day, when they were about three versts from the haven, they espied a locker of the vessel lying on the shore. struck with astonishment at this alarming discovery, they retreated with precipitation to the mountains, from whence they descried several islanders rowing in canoes, but no appearance of their own vessel. during that day they kept themselves closely concealed, and durst not venture again towards the haven before the evening. upon their arrival they found the vessel broken to pieces, and the dead bodies of their companions lying mangled along the beach. having collected all the provision which had been untouched by the savages, they returned to the mountains. the following day they scooped out a cavity at the foot of a mountain situated about three versts from the haven, and covered it with a piece of a sail. in the evening they returned to the haven, and found there an image of a saint and a prayer book; all the tackle and lading were taken away, excepting the sacks for provision. these sacks were made of leather: the natives had ript them up probably to see if they contained any iron, and had left them, together with the provision, behind as useless. the russians collected all that remained, and dragged as much as they were able to carry into the mountains to their retreat, where they lived in a very wretched state from the th of december to the d of february, . mean while they employed themselves in making a little baidar, which they covered with the leather of the sacks. having drawn it at night from the mountains to the sea, they rowed without waiting for break of day along the northern coast of unalaschka, in order to reach trapesnikoff's vessel, which, as they had reason to think, lay at anchor somewhere upon the coast. they rowed at some distance from the shore, and by that means passed three habitations unperceived. the following day they observed at some distance five islanders in a baidar, who upon seeing them made to makushinsk, before which place the fugitives were obliged to pass. darkness coming on, the russians landed on a rock, and passed the night ashore. early in the morning they discovered the islanders advancing towards them from the bay of makushinsk. upon this they placed themselves in an advantageous post, and prepared for defence. the savages rowed close to the beach: part landing, and part remaining in their baidars, they commenced the assault by a volley of darts; and notwithstanding the russians did great execution with their fire arms, the skirmish continued the whole day. towards evening the enemy retired, and the fugitives betook themselves with their canoe to an adjoining cavern. the attack was again renewed during the night; but the russians were so advantageously posted, that they repulsed the assailants without much difficulty. in this encounter bragen was slightly wounded. they remained in this place three days; but the sea rising at a spring-tide into the rock, forced them to sally out towards a neighbouring cavern, which they reached without loss, notwithstanding the opposition of the islanders. they were imprisoned in this cave five weeks, and kept watch by turns. during that time they seldom ventured twenty yards from the entrance; and were obliged to quench their thirst with snow-water, and with the moisture dripping from the rock. they suffered also greatly from hunger, having no sustenance but small shell-fish, which they occasionally found means to collect, upon the beach. compelled at length by extreme want, they one night ventured to draw their baidar into the sea, and were fortunate enough to get off unperceived. [sidenote: their escape from unalaschka to trapesnikoff's vessel.] they continued rowing at night, but in the day they hid themselves on the shore; by this means they escaped unobserved from the bay of makushinsk, and reached trapesnikoff's vessel the th of march, . what happened to them afterwards in company with the crew of this vessel will be mentioned in the succeeding chapter, shaffyrin alone of all the four died of sickness during the voyage; but korelin, kohovin, and bragin[ ] returned safe to kamtchatka. the names of these brave men deserve our admiration, for the courage and perseverance with which they supported and overcame such imminent dangers. [footnote : these russians were well known to several persons of credit, who have confirmed the authenticity of this relation. among the rest the celebrated naturalist mr. pallas, whose name is well known in the literary world, saw bragin at irkutsk: from him he had a narrative of their adventures and escape; which, as he assured me, perfectly tallied with the above account, which is drawn from the journal of korelin.] chap. ix. voyage of the vessel called the _trinity_, under the command of _korovin_--sails to the _fox islands_--winters at _unalashka_--puts to sea the spring following--the vessel is stranded in a bay of the island _umnak_, and the crew attacked by the natives--many of them killed--others carried off by sickness--they are reduced to great streights--relieved by _glottoff_, twelve of the whole company only remaining--description of _umnak_ and _unalashka_. [sidenote: voyage of korovin, .] the second vessel which sailed from kamtchatka in the year , was the trinity, fitted out by the trading company of nikiphor trapesnikoff, merchant of irkutsk, under the command of ivan korovin, and manned with thirty-eight russians and six kamtchadals. [sidenote: departs from kamtchatka.] september , they sailed down the kamtchatka river, and stood out to sea the th, when they were driven at large for ten days by contrary winds. at last upon the th of october they came in sight of beering's and copper island, where they cast anchor before the south side of the former. here they were resolved to winter on account of the late season of the year. accordingly they laid up the vessel in a secure harbour, and brought all the lading ashore. [sidenote: winters upon beering's island.] they staid here until the first of august, : during that time they kilted about arctic foxes and sea-otters; the latter animals resorted less frequently to this island, in consequence of the disturbance given them by the russian hunters. korovin, having collected a sufficient store of provision, several skins of sea-cows for the coverings of baidars, and some iron which remained from the wreck of beering's ship, prepared for his departure. upon his arrival at beering's island the preceding autumn, he found there a vessel fitted out by jacob protassoff, merchant of tiumen, under the command of dennis medvedeff[ ]. korovin had entered into a formal contract with medvedeff for the division of the furs. here he took on board ten of medvedeff's crew, and gave him seven in return. august , korovin put to sea from beering's island with thirty-seven men, and medvedeff with forty-nine. [sidenote: reaches unalashka.] they sailed without coming in sight of the aleütian isles: on the th, korovin made unalashka, where glottoff lay at anchor, and medvedeff reached umnak. korovin received the news of the latter's safe arrival, first by some islanders, and afterwards by letters; both vessels lay at no greater distance from each other than about an hundred and fifty versts, taking a streight line from point to point across the firth. [footnote : this is the fourth vessel which sailed in . as the whole crew was massacred by the savages, we have no account of the voyage. short mention of this massacre is occasionally made in this and the following chapters.] korovin cast anchor in a convenient bay at the distance of sixty yards from the shore. on the th he landed with fourteen men, and having found nothing but an empty shed, he returned to the vessel. after having taken a reinforcement, he again went ashore in order to look for some inhabitants. about seven versts from the haven, he came to two habitations, and saw three hundred persons assembled together. among them were three toigons, who recollected and accosted in a friendly manner one barnasheff, a native of tobolsk, who had been there before with glottoff; they shewed some tribute-quittances, which they had lately received from the cossac sabin ponomareff. two of these toigons gave each a boy of twelve years of age as an hostage, whom they passed for their children; and the third delivered his son of about fifteen years of age, the same who had been glottoff's hostage, and whom korovin called alexèy. [sidenote: lays up the ship.] with these hostages he returned to the ship, which he laid up in the mouth of a river, after having brought all the provision and lading ashore. soon afterwards the three toigons came to see the hostages; and informed korovin, that medvedeff's vessel rode securely at anchor before umnak. september , when every thing was prepared for wintering, korovin and barnasheff set out in two baidars, each with nine men and one of the hostages, who had a slight knowledge of the russian language. they went along the northern coast of the island, towards its western extremity, in order to hunt, and to enquire after a certain interpreter called kashmak, who had been employed by glottoff on a former occasion. having rowed about twenty versts, they passed by a village, and landed at another which lay about five versts further. but as the number of inhabitants seemed to amount to two hundred, they durst not venture to the dwellings, but stayed by the baidar. upon this the toigon of the place came to them, with his wife and son: he shewed a tribute-quittance, and delivered his son, a boy of thirteen years of age and whom korovin called stepanka, as an hostage, for which he received a present of corals. they rowed now further to a third village, about fifteen versts from the former, where they found the interpreter kashmak; the latter accompanied them to the two toigons, who gave them a friendly reception, and shewed their tribute-quittances. a few natives only made their appearance; the others, as the toigons pretended, were gone out to fish. the next morning each toigon gave a boy as an hostage; one of the boys korovin called gregory, and the other alexèy. the russians were detained there two days by a violent storm; during which time a letter from medvedeff was brought by an aleütian, and an answer was returned by the same person. the storm at length somewhat abating, they rowed back to the next village, where they continued two nights without any apprehensions from the savages. at length korovin returned in safety with the hostages to the crew. [sidenote: builds an hut, and makes preparations for wintering.] in the beginning of october they built a winter-hut, partly of wood and partly of seal-skins, and made all the necessary preparations for hunting. on the th, two companies, each consisting of eleven men, were sent out upon an hunting party to the eastern point of the island; they returned in four days with hostages. about sixty versts from the haven, they had met a party of twenty-five russians, commanded by drusinin. about the same time some toigons brought a present of sturgeon and whale's blubber, and received in return some beads and provision. korovin and his company now thought themselves secure; for which reason twenty-three men, under the command of the above-mentioned barnasheff, were dispatched in two baidars upon an hunting party towards the western point of the island. eight muskets were distributed to each boat, a pistol and a lance to each man, and also a sufficient store of ammunition and provision. the following day two accounts were sent from barnasheff; and letters were also received from the crew of protassoff's vessel. from the d of november to the th of december, the russians, who remained with korovin, killed forty-eight dark-coloured foxes, together with an hundred and seventeen of the common sort: during this expedition one man was lost. some of the natives came occasionally in baidars, and exchanged sea-otters and fox skins for corals. on the th of december letters were again brought from barnasheff and also from the crew of protassoff's ship. answers were returned by the same messengers. after the departure of these messengers, the mother of alexèy came with a message from the toigon her husband importing, that a large number of islanders were making towards the ship. upon this korovin ordered the men to arms, and soon after seventy natives approached and held up some sea-otter skins. the russians cried out that no more than ten at a time should come over the brook towards their hut: upon which the islanders left their skins with korovin, and returned without attempting any hostilities. their apprehensions were now somewhat quieted, but they were again raised by the arrival of three kamtchadals belonging to kulkoff's ship, who flew for protection to korovin: they brought the account that the crew had been killed by the savages, and the vessel destroyed. it was now certain that the seventy islanders above-mentioned had come with hostile intentions. this information spread such a sudden panic among the russians, that it was even proposed to burn the vessel, and to endeavour to find their companions, who were gone upon hunting parties. [sidenote: the russians attacked by the natives.] that day however passed without any attack: but towards the evening of the th of december, the savages assembled in large bodies, and invested the hut on all sides. four days and nights they never ceased annoying the russians with their darts; two of the latter were killed, and the survivors were nearly exhausted by continual fatigue. upon the fifth day the islanders took post in a neighbouring cavern, where they continued watching the russians so closely during a whole month, that none of the latter durst venture fifty paces from their dwelling. korovin, finding himself thus annoyed by the natives, ordered the hut to be destroyed: he then retired to his vessel, which was brought for greater security out of the mouth of the rivulet to the distance of an hundred yards from the beach. there they lay at anchor from the th of march to the th of april, during which time they suffered greatly from want of provision, and still more from the scurvy. during this period they were attacked by a large body of the natives, who advanced in forty baidars with the hopes of surprising the vessel. korovin had been warned of their approach by two of the inhabitants, one of whom was a relation of the interpreter kashmak: accordingly he was prepared for their reception. as soon as the savages came near the vessel, they brandished their darts and got ready for the attack. korovin however had no sooner fired and killed one person, than they were struck with a panic and rowed away. they were so incensed at this failure of success, that they immediately put to death the two good-natured natives, who had betrayed their design to the russians. soon afterwards the father of alexèy came and demanded his son, who was restored to him: and on the th of march korovin and his three companions arrived as it is mentioned in the preceding chapter. by this reinforcement the number of the crew amounted to eighteen persons. [sidenote: korovin puts to sea. the vessel stranded upon umnak.] april korovin put to sea from unalashka with the crew and eleven hostages. the vessel was driven until the th by contrary winds, and then stranded in a bay of the island umnak. the ammunition and sails, together with the skins for the construction of baidars, were brought ashore with great difficulty. during the disembarkation one sick man was drowned, another died as soon as he came to land, and eight hostages ran away amidst the general confusion. there still remained the faithful interpreter kashmak and three hostages. the whole number of the russians amounted to only sixteen persons; and of these three were sick of the scurvy. under these circumstances they secured themselves between their baidar and some empty barrels, which they covered with seal-skins, while the sails were spread over them in form of a tent. two russians kept watch; and there being no appearance of any islanders, the others retired to sleep. [sidenote: the russians in danger of being destroyed by the natives.] before break of day, about an hundred savages advancing secretly from the sea-side, threw their darts at the distance of twenty yards with such force, that many of them pierced through the baidar and the skins; others fell from above through the sails. by this discharge, the two persons who kept watch, together with the three hostages, were killed upon the spot; and all the russians were wounded. the latter indeed were so effectually surprised, as to be prevented from having recourse to their fire-arms. in this distress korovin sallied out, in company with four russians, and attacked the enemy with lances: two of the savages were killed, and the others driven to flight. [sidenote: the latter repulsed.] korovin and his party were so severely wounded, that they had scarcely strength sufficient to return to their tent. during the night the storm increased to such a degree, that the vessel was entirely dashed to pieces. the greatest part of the wreck, which was cast on shore by the sea, was carried away by the islanders. they also broke to pieces the barrels of fat, emptied the sacks of provision, and destroyed most of the furs: having thus satisfied their resentment, they went away; and did not again make their appearance until the th of april. upon their retiring, the russians collected the wretched remains which had been left untouched by the savages, or which the waves had cast on shore since their departure. april , a body of an hundred and fifty natives advanced from the eastern point of the island towards the tent; and, at the distance of an hundred yards, shot at the russians with fire arms, but luckily without execution. they also set on fire the high grass, and the wind blew the flames towards the tent; but the russians firing forced the enemy to flight, and gained time to extinguish the flames. this was the last attack which was made upon korovin; although sickness and misery detained him and his companions upon this spot until the st of july. they then put to sea in a baidar eight yards long, which they had constructed in order to make to protassoff's vessel, with whose fate they were as yet unacquainted. their number was now reduced to twelve persons, among whom were six kamtchadals. [sidenote: the russians discover the dead bodies of their countrymen who had been murdered by the natives.] after having rowed ten days they landed upon the beach of the same island umnak; there they observed the remains of a vessel which had been burnt, and saw some clothes, sails, and ropes, torn to pieces. at a small distance was an empty russian dwelling, and near it a bath-room, in which they found, to their inexpressible terror, twenty dead bodies in their clothes. each of them had a thong of leather, or his own girdle, fastened about the neck, with which he had been dragged along. korovin and his companions recollected them to have been some of those who had sailed in protassoff's vessel; and could distinguish among the rest the commander medvedeff. they discovered no further traces of the remaining crew; and as none ever appeared, we have no account of the circumstances with which this catastrophe was attended. [sidenote: relieved from their distresses by the arrival of glottoff.] after having buried his dead countrymen, korovin and his companions began to build an hut: they were prevented however from finishing it, by the unexpected arrival of stephen glottoff[ ], who came to them with a small party by land. korovin and his companions accordingly joined glottoff, and rowed the next day to his vessel. [footnote : see the following chapter.] soon afterwards korovin was sent with a party of twenty men to coast the island of umnak, in order to discover if any part of medvedeff's crew had made their escape from the general massacre: but his enquiries were without success. in the course of this expedition, as he lay at anchor, in september, before a small island situated between umnak and unalashka, some savages rowed towards the russians in two large baidars; and having shot at them with fire-arms, though without effect, instantly retired. the same evening korovin entered a bay of the island umnak, with an intention of passing the night on shore: but as he came near the coast, a large number of savages in an hundred baidars surrounded and saluted him with a volley of darts. korovin fired and soon dispersed them; and immediately made to a large baidar, which he saw at some distance, in hopes of finding some russians. he was however mistaken; the islanders who were aboard landed at his approach, and, after shooting at him from their fire-arms, retired to the mountains. korovin found there an empty baidar, which he knew to be the same in which barnasheff had sailed, when he was sent upon an hunting party. within were nothing but two hatchets and some iron points for darts. three women were seized at the same time; and two natives, who refused to surrender themselves, were put to death. they then made to the dwelling, from which all the inhabitants had run away, and found therein pieces of russian leather, blades of small knives, shirts, and other things, which had belonged to the russians. all the information which they could procure from the women whom they had taken prisoners, was, that the crew had been killed, and this booty taken away by the inhabitants, who had retired to the island unalashka. korovin gave these women their liberty, and, being apprehensive of fresh attacks, returned to the haven. towards winter korovin, with a party of twenty-two men, was sent upon an hunting expedition to the western point of unalashka: he was accompanied by an aleütian interpreter, called ivan glottoff. being informed by some islanders, that a russian ship, under the command of ivan solovioff[ ], was then lying before unalashka, he immediately rowed towards the haven where she was at anchor. on the way he had a sharp encounter with the natives, who endeavoured to prevent him from landing: of these, ten were killed upon the spot; and the remainder fled away, leaving behind them some women and children. [footnote : chap. xi.] korovin staid three days aboard solovioff's vessel, and then returned to the place where he had been so lately attacked. the inhabitants however, for this time, made no opposition to his landing; on the contrary, they received him with kindness, and permitted him to hunt: they even delivered hostages; and entered into a friendly traffic, exchanging furs for beads. they were also prevailed upon to restore several muskets and other things, taken from the russians who had been massacred. a short time before his departure, the inhabitants again shewed their hostile intentions; for three of them came up to the russian centinel, and suddenly fell upon him with their knives. the centinel however disengaging himself, and retreating into the hut, they ran away. the toigons of the village protested ignorance of this treachery; and the offenders were soon afterwards discovered and punished. korovin, as he was returning to glottoff, was forced to engage with the islanders upon unalashka, and also upon umnak, where they endeavoured to prevent him from landing. before the end of the year a storm drove the baidar upon the beach of the latter island; and the tempestuous weather setting in, they were detained there until the th of april, . during this time they were reduced, from a scarcity of provision, to live chiefly upon sea-wrack and small shell fish. on the d they returned to glottoff; and as they had been unsuccessful in hunting, their cargo of furs was very inconsiderable. three days after his arrival, korovin quitted glottoff, and went over with five other russians to solovieff, with whom he returned the following year to kamtchatka. the six kamtchadals of korovin's party joined glottoff. [sidenote: korovin's description of umnak and unalashka.] according to korovin's account, the islands umnak and unalashka are situated not much more northwards than the mouth of the kamtchatka river; and, according to the ship's reckoning, about the distance of versts eastwards from the same place. the circumference of umnak is about two hundred and fifty versts; unalashka is much larger. both these islands are wholly destitute of trees; drift-wood is brought ashore in large quantities. there were five lakes upon the northern coast of unalashka, and but one upon umnak, of which none were more than ten versts in circumference. these lakes give rise to several small rivulets, which flow only a few versts before they empty themselves into the sea: the fish enter the rivulets in the middle of april, they ascend the lakes in july, and continue there until august. sea-otters and other sea-animals resort but seldom to these islands; but there is great abundance of red and black foxes. north eastwards from unalashka two islands appeared in sight, at the distance of five or ten versts; but korovin did not touch at them. [sidenote: account of the inhabitants.] the inhabitants of these islands row in their small baidars from one island to the other. they are so numerous, and their manner of life so unsettled, that their number cannot exactly be determined. their dwelling caves are made in the following manner. they first dig an hole in the earth proportioned to the size of their intended habitation, of twenty, thirty, or forty yards in length, and from six to ten broad. they then set up poles of larch, firs, and ash driven on the coast by the sea. across the top of these poles they lay planks, which they cover with grass and earth. they enter through holes in the top by means of ladders. fifty, an hundred, and even an hundred and fifty persons dwell together in such a cave. they light little or no fires within, for which reason these dwellings are much cleaner than those of the kamtchadals. when they want to warm themselves in the winter, they make a fire of dry herbs, of which they have collected a large store in summer, and stand over it until they are sufficiently warmed. a few of these islanders wear fur-stockings in winter; but the greatest part go bare-footed, and all are without breeches. the skins of cormorants, puffins, and sea-divers, serve for the mens clothing; and the women wear the skins of sea-bears, seals, and sea-otters. they sleep upon thick mats, which they twist out of a soft kind of grass that grows upon the shore, and have no other covering but their usual clothes. many of the men have five or six wives; and he that is the best hunter or fisher has the greatest number. the women make their needles of the bones of birds wings, and use sinews for thread. their weapons are bows and arrows, lances and darts, which they throw like the greenlanders to the distance of sixty yards by means of a little hand-board. both the darts and arrows are feathered: the former are about an ell and an half long; the shaft, which is well made considering their want of instruments, is often composed of two pieces that join into each other: the point is of flint, sharpened by beating it between two stones. these darts as well as the lances were formerly tipped with bone, but at present the points are commonly made of the iron which they procure from the russians, and out of which they ingeniously form little hatchets and two-edged knives. they shape the iron by rubbing it between two stones, and whetting it frequently with sea-water. with these instruments and stone hatchets they build their baidars. they have a strange custom of cutting holes in the under-lip and through the gristle of the nose. they place in the former two little bones, wrought in the form of teeth, which project some inches from the face. in the nose a piece of bone is placed crossways. the deceased are buried with their boat, weapons, and clothes[ ]. [footnote : the author repeats here several circumstances which have been mentioned before, and many of them will occur again: but my office as a translator would not suffer me to omit them.] chap. x. voyage of _stephen glottoff_--he reaches the _fox islands_--sails beyond _unalashka_ to _kadyak_--winters upon that island--repeated attempts of the natives to destroy the crew--they are repulsed, reconciled, and prevailed upon to trade with the _russians_--account of _kadyak_--its inhabitants--animals--productions--_glottoff_ sails back to _umnak_--winters there--returns to _kamtchatka_--journal of his voyage. here follows one of the most memorable voyages yet made, which extended farther, and terminated more fortunately, than the last mentioned expeditions. [sidenote: voyage of glottoff in the andrean and natalia, .] terenty tsebaeffskoi and company, merchants of lalsk, fitted out the andrean and natalia under the command of stephen glottoff, an experienced and skilful seaman of yarensk. this vessel sailed from the bay of the river kamtchatka the st of october, , manned with thirty-eight russians and eight kamtchadals. in eight days they reached mednoi ostroff, or copper island, where having sought out a convenient harbour, they unloaded and laid up the vessel for the winter. [sidenote: winters upon copper island.] their first care was to supply themselves with provisions; and they killed afterwards a quantity of ice-foxes, and a considerable number of sea-otters. for the benefit of the crown and their own use in case of need, they resolved to take on board all the remaining tackle and iron work of beering's ship, which had been left behind on commander's island, and was buried in the beach. for this purpose they dispatched, on the th of may, jacob malevinskoy (who died soon after) with thirteen men in a baidar to that island, which was seventy versts distant. they brought back with them twenty-two pood of iron, ten of old cordage fit for caulker's use, some lead and copper, and several thousand beads. copper island has its name from the native copper found on the coast, particularly at the western point on its south side. of this native copper malevinskoy brought with him two large pieces weighing together twelve pounds, which were picked up between a rock and the sea on a strand of about twelve yards in breadth. amongst other floating bodies which the sea drives upon the shores of this island, the true right camphor wood, and another sort of wood very white, soft, and sweet-scented, are occasionally found. [sidenote: sails to the fox islands.] every preparation for continuing the voyage being made, they sailed from copper island the th of july, , and steered for the islands umnak and agunalashka, where glottoff had formerly observed great numbers of black foxes. on account of storms and contrary winds, they were thirty days before they fetched umnak. [sidenote: arrive at kadyak.] here they arrived the th of august, and without dropping anchor or losing any time, they resolved to sail further for the discovery of new islands: they passed eight contiguous to each other and separated by straits, which were to the best of their estimation from twenty to an hundred versts broad. glottoff however did not land till he reached the last and most eastward of these islands, called by the inhabitants kadyak, from which the natives said it was not far to the coast of a wide extended woody continent. no land however was to be seen from a little island called by the natives aktunak, which is situated about thirty versts more to the east than kadyak. september th, the vessel ran up a creek, lying south east of aktunak, through which a rivulet empties itself into the sea; this rivulet comes from a lake six versts long, one broad, and about fifty fathoms deep. during the ebb of the tide the vessel was left aground; but the return of the water set her again afloat. near the shore were four large huts, so crouded with people, that their number could scarcely be counted: however, soon after glottoff's arrival, all these inhabitants quitted their dwellings, and retired with precipitation. the next day some islanders in baidars approached the vessel, and accosted the people on board: and as ivan glottoff, the aleütian interpreter, did not well understand the language of these islanders, they soon afterwards returned with a boy whom they had formerly taken prisoner from isanak, one of the islands which lie to the west of kadyak. him the aleütian interpreter perfectly understood: and by his means every necessary explanation could be obtained from the islanders. in this manner they conversed with the savages, and endeavoured to persuade them to become tributary; they used also every argument in their power to prevail upon them to give up the boy for an interpreter; but all their entreaties were for the present without effect. the savages rowed back to the cliff called aktalin, which lies about three versts to the south of kadyak, where they seemed to have habitations. on the th of september kaplin was sent with thirteen men to the cliff, to treat peaceably with the islanders. he found there ten huts, from which about an hundred of the natives came out. they behaved seemingly in a friendly manner, and answered the interpreter by the boy, that they had nobody proper for an hostage; but that they would deliver up the boy to the russians agreeable to their desire. kaplin received him very thankfully, and brought him on board, where he was properly taken care of: he afterwards accompanied glottoff to kamtchatka, and was baptized by the name of alexander popoff, being then about thirteen years of age. for some days after this conference the islanders came off in companies of five, ten, twenty, and thirty: they were admitted on board in small numbers, and kindly received, but with a proper degree of circumspection. on the th of september the vessel was brought further up the creek without unloading her cargo: and on the th glottoff with ten men proceeded to a village on the shore about two hundred yards from the vessel, where the natives had begun to reside: it consisted of three summer-huts covered only with long grass: they were from eight to ten yards broad, twelve long, and about four high: they saw there about an hundred men, but neither women nor children. finding it impossible to persuade the savages to give hostages, glottoff resolved to let his people remain together, and to keep a strong guard. [sidenote: the natives attack the russians, but are defeated.] the islanders visited them still in small bodies; it was however more and more visible that their intentions were bad. at last on the st of october, by day break, a great number having assembled together in the remote parts of the island, came unexpectedly across the country. they approached very near without being discovered by the watch, and seeing nobody on deck but those on duty, shot suddenly into the vessel with arrows. the watch found refuge behind the quarter boards, and gave the alarm without firing. glottoff immediately ordered a volley to be fired over their heads with small arms; upon which they immediately returned with great expedition. as soon as it was day there was no enemy to be seen: but they discovered a number of ladders, several bundles of hay in which the savages had put sulphur, likewise a quantity of birch-tree bark, which had been left behind in their precipitate flight. they now found it very necessary to be on their guard against the attempts of these perfidious incendiaries. their suspicions were still further increased by the subsequent conduct of the natives: for though the latter came to the vessel in small bodies, yet it was observed that they examined every thing, and more particularly the watch, with the strictest attention; and they always returned without paying any regard to the friendly propositions of the russians. on the th of october about two hundred islanders made their appearance, carrying wooden shields before them, and preparing with bows and arrows for an attack. glottoff endeavoured at first by persuasion to prevail upen them to desist; but observing that they still continued advancing, he resolved to venture a sally. this intrepidity disconcerted the islanders, and they immediately retreated without making the least resistance. the th of october they ventured a third attack, and advanced towards the vessel for this purpose by day-break: the watch however gave the alarm in due time, and the whole crew were immediately under arms. the approach of day-light discovered to their view different parties of the enemy advancing under the protection of wooden screens. of these moving breast-works they counted seven; and behind each from thirty to forty men armed with bone lances. besides these a croud of armed men advanced separately to the attack, some of them bearing whale jaw-bones, and others wooden shields. dissuasion proving ineffectual, and the arrows beginning to fall even aboard the ship, glottoff gave orders to fire. [sidenote: the natives are finally repulsed by the russians.] the shot from the small arms however not being of force enough to pierce the screens, the islanders advanced under their protection with steadiness and intrepidity. glottoff nevertheless determined to risk a sally of his whole crew armed with muskets and lances. the islanders instantly threw down their screens, and fled with precipitation until they gained their boats, into which they threw themselves and rowed off. they had about seventeen large baidars and a number of small canoes. the screens which they left behind were made of three rows of stakes placed perpendicularly, and bound together with sea-weed and osiers; they were twelve feet broad, and above half a yard thick. [sidenote: the russians winter at kadyak.] the islanders now appearing to be sufficiently intimidated, the russians began to build a winter hut of floated wood, and waited in a body the appearance of spring without further annoyance. although they saw nobody before the th of december, yet glottoff kept his people together; sending out occasionally small hunting and fishing parties to the lake, which lay about five versts from the creek. during the whole winter they caught in the lake several different species of trout and salmon, soles, and herrings of a span and a half long, and even turbot and cod-fish, which came up with the flood into the lake. at last, on the th of december, two islanders came to the ship, and conversed at a distance by means of interpreters. although proposals of peace, and trade were held out to them in the most friendly manner, yet they went off without seeming to put much confidence in these offers: nor did any of them appear again before the th of april, . want of sufficient exercise in the mean time brought on a violent scurvy among the crew, by which disorder nine persons were carried off. on the th of april four islanders made their appearance, and seemed to pay more attention to the proposals: one of them at last advanced, and offered to barter two fox-skins for beads. they did not set the least value upon other goods of various kinds, such as shirts, linen, and nankeen, but demanded glass beads of different colours, for which they exchanged their skins with pleasure. [sidenote: the natives are reconciled to the russians.] this friendly traffic, together with glottoff's entreaties, operated so powerfully, that, after holding a consultation with their countrymen, they returned with a solemn declaration, that their brethren would in future commit no hostilities against the russians. from that time until their departure a daily intercourse was carried on with the islanders, who brought all sorts of fox and sea-otter skins, and received in exchange a stipulated number of beads. some of them were even persuaded to pay a tribute of skins, for which receipts were given. amongst other wares the russians procured two small carpets, worked or platted in a curious manner, and on one side set close with beaver-wool like velvet: they could not however learn whether these carpets were wrought by the islanders. the latter brought also for sale well-dressed sea-otter skins, the hair of which was shorn quite short with sharp stones, in such a manner, that the remainder, which was of a yellowish brown colour, glistened and appeared like velvet. their caps had surprising and sometimes very ornamental decorations: some of them had on the forepart combs adorned with manes like an helmet; others, seemingly peculiar to the females, were made of intestines stitched together with rein-deer hair and sinews in a most elegant taste, and ornamented on the crown with long streamers of hair died of a beautiful red. of all these curiosities glottoff carried samples to kamtchatka[ ]. [footnote : these and several other ornaments of a similar kind are preserved in the cabinet of curiosities at the academy of sciences of st. petersburg: a cabinet which well merits the attention of the curious traveller; for it contains a large collection of the dresses of the eastern nations. amongst the rest one compartment is entirely filled with the dresses, arms, and implements, brought from the new discovered islands.] [sidenote: animals of kadyak.] the natives differ considerably in dress and language from the inhabitants of the other fox islands: and several species of animals were observed upon kadyak, which are not to be found upon the other islands, viz. ermines, martens, beavers, river otters, wolves, wild boars, and bears: the last-mentioned animal was not indeed actually seen by the russians, but the prints of its feet were traced. some of the inhabitants had clothes made of the skins of rein-deer and jevras; the latter of which is a sort of small marmoset. both these skins were probably procured from the continent of america[ ]. black, brown, and red foxes were seen in great numbers; and the coast abounds with sea-dogs, sea-bears, sea-lions, and sea-otters. the birds are cranes, geese, ducks, gulls, ptarmigans, crows, and magpies; but no uncommon species was any where discovered. [sidenote: productions.] the vegetable productions are bilberries, cranberries, wortleberries, and wild lily-roots. kadyak likewise yields willows and alders, which circumstance affords the strongest proof that it lies at no great distance from the continent of america. the extent of kadyak cannot be exactly ascertained, as the russians, through apprehension of the natives, did not venture to explore the country. [footnote : although this conjecture is probable, yet, when the reader recollects that the island alaksu is said to contain rein-deer, he will perceive that the inhabitants of kadyak might have been supplied with the skins of that animal from thence. see p. .] [sidenote: account of the inhabitants.] the inhabitants, like those of the aleütian and nearer islands, make holes in the under-lips and through the gristle of the nose, in which they insert the bones of birds and animals worked into the form of teeth. their clothes are made of the skins of birds, foxes, sea-otters, young rein-deer, and marmosets; they sew them together with sinews. they wear also fur-stockings of rein-deer skins, but no breeches. their arms are bows, arrows, and lances, whose points, as well as their small hatchets, are of sharp flint: some few make knives and lance points of rein-deer bones. their wooden shields are called kuyaky, which amongst the greenlanders signifies a small canoe. their manners are altogether rude. they have not the least disposition to give a courteous reception to strangers: nor does there appear amongst themselves any kind of deference or submission from one to another. their canoes are some of them so small as to contain only one or two persons; others are large baidars similar to the women's boats of the greenlanders. their food consists chiefly of raw and dried fish, partly caught at sea with bone hooks, and partly in rivulets, in bagnets made of sinews platted together. they call themselves kanagist, a name that has no small resemblance to karalit; by which appellation, the greenlanders and esquimaux on the coast of labradore distinguish themselves: the difference between these two denominations is occasioned perhaps by a change of pronunciation, or by a mistake of the russian sailors, who may have given it this variation. their numbers seem very considerable on that part of the island, where they had their fixed habitations. the island kadyak[ ] makes, with aghunalashka, umnak, and the small islands lying between them, a continued archipelago, extending n. e. and e. n. e. towards america: it lies by the ship's reckoning in degrees of longitude; so that it cannot be far distant from that part of the american coast which beering formerly touched at. [footnote : kadyak is not laid down upon any chart of the new discovered islands: for we have no chart of glottoff's voyage; and no other russian navigator touched at that island.] the large island alaksu, lying northward from kadyak where pushkaref[ ] wintered, must be still nearer the continent: and the account propagated by its inhabitants of a great promontory, called atachtak, stretching from the continent n. e. of alaksu, is not at all improbable. [footnote : see chap. vi.] although the conduct of the islanders appeared more friendly, yet on account of their numbers glottoff resolved not to pass another winter upon kadyak, and accordingly prepared for his departure. he wanted hoops for repairing his water-casks; and being told by the natives that there were trees on the island at no great distance from the bay, he dispatched on the th of april lukas ftoruskin with eleven men for the purpose of felling wood. ftoruskin returned the same day with the following intelligence: that after rowing along the south coast of the island forty or fifty versts from the haven, he observed, about half a verst from the shore, a considerable number of alders, similar to those found in kamtchatka, growing in vallies between the rocks. the largest trunks were from two to four vershocks in diameter. of this wood he felled as much as he had occasion for; and returned without having met with either islander or habitation. [sidenote: departure from kadyak, may, .] they brought the vessel down the creek in may; and, after taking in all the peltry and stores, left kadyak on the th. contrary winds retarded their voyage, and drove them near the island alaksu, which they passed; their water being nearly exhausted, they afterwards landed upon another island, called saktunk, in order to procure a fresh stock. [sidenote: arrival at umnak.] at last on the d of july, they arrived again at umnak, and anchored in a bay which glottoff had formerly visited. he immediately went ashore in a baidar, and soon found out his former hut, which was in ruins: near it he observed another russian dwelling, that had been built in his absence, in which lay a murdered russian, but whose face none of them knew. glottoff, resolving to procure further information, went across the island the th of july, accompanied by sixteen of his crew. he discovered the remains of a burnt vessel, some prayer books, images, &c.; all the iron work and cordage were carried off. near the spot he found likewise a bathing room filled with murdered russians in their clothes. from some marks, he concluded that this was the vessel fitted out by protassoff; nor was he mistaken in his conjectures. alarmed at the fate of his countrymen, glottoff returned to the ship, and held a consultation upon the measures necessary to be taken; and it was unanimously resolved that they should endeavour to procure more intelligence concerning the vessel. in the mean time seven islanders came rowing off in baidars, and pretended that they wanted to trade. they shewed sea-otter skins at a distance, but would not venture on board; and desired by the interpreter glottoff and two of his people to come on shore and barter. glottoff however, having sufficient cause to distrust the savages, refused to comply with their demands: upon this they immediately landed, and shot from the shore with fire-arms, but without doing any execution. they were even bold enough to get into their canoes a second time, and to row near the vessel. in order if possible to procure intelligence from them, every method of persuading them to peace was tried by means of the interpreters; and at last one of them approached the ship and demanded victuals, which being thrown to him, he came on board. he then related the fate of the above-mentioned vessel, of which the islanders had made themselves masters; and gave likewise some intelligence concerning the remaining small body of fugitives under the command of korovin. he also confessed, that their design was to entice glottoff on shore, and then to kill him; for which purpose more than thirty islanders were posted in ambush behind the nearest rocks. after cutting off the leader, they imagined it would be an easy matter to seize upon the ship. upon this information glottoff detained the islander on board, and landing with a strong party attacked the savages; the latter shot with arrows, as well as from the muskets which they had seized, but without effect, and were soon forced to retire to their canoes. july the th a violent storm arose, in which glottoff's vessel parted her cable, and was forced on shore without any other loss than that of an anchor. the crew likewise, through want of fresh provisions, began to grow so sickly, that they were almost in a defenceless state. glottoff however, with ten men, set out the th of july for that part of the island, where according to information they expected to find korovin. they discovered only parts of the wreck, but none of the crew, so that they now gave them up for lost. but on the d of august, as glottoff was on his way back, five islanders approached him in canoes, and asked why the baidar had been out; to which a false answer being given, they told him, that on the other side of the island he would find korovin with his people, who were building an hut on the side of the rivulet. upon receiving this intelligence, glottoff and his companions went over land to the place pointed out by the islanders, and found every thing agreeable to their information: in this korovin had not the least share, not having been made privy to the transaction. the circumstances of his joining, and afterwards separating from glottoff, have already been mentioned[ ]. [footnote : see the preceding chapter.] [sidenote: glottoff winters upon umnak.] glottoff now resolved to winter upon umnak, and accordingly laid up his vessel for that purpose. on the d of september korovin, as is before related, was at his own desire sent out with a hunting party in two baidars. on his return, in may , they had the first intelligence of the arrival of solovioff's vessel, which lay before unalashka, and of which an account shall be given[ ]. none of the islanders appeared near the harbour during the winter, and there were none probably at that time upon umnak; for glottoff made excursions on all sides, and went once round the island. he likewise looked into the habitations of the islanders, and found them empty: he examined the country and caused a strict search to be made after the remains of the plundered vessel. [footnote : chap. xi.] according to his account umnak is about versts in circumference. it contains several small rivulets, which take their rise from lakes, and fall into the sea after a very short course. no trees were observed upon the island, and the vegetables were the same as those of kamtchatka. the following summer small parties of the inhabitants were seen; but they immediately fled upon the approach of the russians. some of them however were at last persuaded to a friendly intercourse and to pay a tribute: by these means they got back part of the arms, anchors, and iron work, of the plundered vessel. they continued to barter with the natives during the summer of , exchanging beads for the skins of foxes and sea-otters. [sidenote: departure from umnak.] the following winter hunting parties were sent out in umnak as well as to unalashka; and in july glottoff, without meeting with any more difficulties began his voyage homewards. we shall here conclude with giving a copy of the journal kept on board glottoff's vessel, the andrean and natalia; from which inferences with regard to the situation of the islands may be drawn. [sidenote: journal of the voyage.] journal of glottoff, on board the andrean and natalia. . oct. . sailed from kamtchatka bay. . wind southerly, steered between e. and s. e. three hours. . wind s. e. worked at n. e. course, hours. . from midnight sailed east with a fair wind, hours. . at six o'clock a. m. discovered beering's island distant about versts. . at o'clock came to anchor on the south east point of copper island. . at a. m. sailed to the south side of the island, anchored there at o'clock. . july . sailed from copper island at p. m. . sailed with a fair s. s. w. wind, hours. . made little way. . drove--wind e. n. e. . ditto. . ditto. aug. . ditto. . at a. m. wind n. e. steered e. . wind w. s. w. sailed knots an hour, versts. . wind south--sailed versts. . wind ditto--sailed versts. . wind ditto, knots, versts. . calm. . during the night gentle s. e. wind steered, n. e. at - / knots. . forenoon calm. at o'clock p. m. gentle n. e. wind, steered between e. n. e. and s. e. at the rate of three knots. . morning, wind e. n. e. afterwards s. s. w. with which steered n. e. . at o'clock the wind s. s. e. steered e. n. e. at the rate of three knots. . wind s. steered e. at - / knots, sailed versts. . wind s. s. e. steered e. at - / knots, sailed versts. . wind w. n. w. at knots, sailed versts. . the wind freshened, at knots, sailed versts. . wind n. n. e. steered e. s. e. at knots, sailed versts. . wind e. s. e. and s. e. light breezes and changeable. . wind s. e. steered n. e. at - / knots, sailed in hours versts. . wind s. and light breezes, steered e. at knots, sailed in hours versts. . before day-break calm; three hours after sun-rise a breeze sprung up at s. e. steered e. n. e. at knots, and sailed versts. . calm. . wind s. s. e. during the night, the ship sailed at the rate of knots; the wind afterwards came round to the s. s. w. and the ship sailed at to knots these hours versts. . saw land at day-break, at knots sailed versts. . wind w. s. w. sailed along the coast these hours versts. . wind n. w. steered n. e. at - / knots, versts. . wind e. n. e. the ship drove towards land, on which discovered a high mountain. . wind n. e. and stormy, the ship drove. . wind n. w. steered e. n. e. at the rate of knots. . wind s. s. e. at knots, steering again towards land. . a violent storm, wind west. sept. . wind west, steered n. e. at the rate of knots towards land. . wind s. w. steered n. e. towards land at knots. . wind s. w. drove n. n. e. along the coast. . wind w. n. w. steered n. e. at knots, sailed versts. . wind n. w. steered e. n. e. at knots, and towards evening came to anchor off the island kadyak. may . sailed from kadyak. . wind n. w. and made but little way w. s. w. . wind w. ship drove towards s. e. . wind w. s. w. ship drove e. s. e. the same day the wind came round to the s. when steered again towards kadyak. . wind e. s. e. fell in with the island alaska or alaksu. . wind s. w. steered n. w. . wind w. n. w. the ship drove under the foresail. . wind w. drove to the southward. june . wind w. s. w. landed on the island saktunak, for a supply of water. . wind s. e. steered s. w. along the island at knots. . wind n. e. steered w. s. w. at the rate of to knots, sailing in these hours versts. . calm. . at o'clock a. m. a small breeze s. e. . wind e. afterwards calm. towards evening the wind s.e. steered s. w. at knots, and unexpectedly discovered land ahead, which kept clear of with difficulty. from the th to the th at anchor off a small cliff. . a hard gale at s. the ship drove foul of the anchor, stood out to sea steering e. . anchored again at a small distance from land. . wind s. s. w. stood out to sea and steered e. s. e. . wind w. s. w. steered s. s. e. at the rate of knot. . calm. . wind s. steered w. at knot, the ship drove a little to the northward. . wind s. s. e. steered w. s. w. at knots. . calm. . ditto. . wind n. e. steered s. w. and sailed this day about versts. . the wind blowing right ahead, came to anchor off an unknown island, where continued till the . when stood out to sea early in the morning. . wind w. n. w. afterwards w. steered s. e. . calm, in the night a small but favourable breeze. . wind n. w. continued the course, at the rate of to knots[ ]. . wind n. e. steered w. at to knots, and saw land. . wind n. e. steered s. w. at the rate of knots. july . with the same wind and course, at the rate of knots, sailed versts. . fell in with the island umnak, and came to an anchor under a small island until next day; when brought the ship into the harbour, and laid her up. . june . brought the ship into the harbour, and continued at anchor there until the d of july. july . got under way. . wind e. . a south west wind drove the ship about versts n. e. . wind s. sailed about versts w. . wind w. s. w. the ship drove to the northward. . wind n. w. steered s. at the rate of one knot. . wind n. w. steered the whole day w. s. w. . wind s. s. w. sailed about versts w. n. w. . wind s. w. continued the same course, sailing only versts. . continued the same course, and sailed versts. . for the most part calm. . wind w. n. w. and stormy, the ship drove under the foresail. . wind s. sailed on the proper course versts. . wind e. s. e. sailed w. s. w. at the rate of knots, versts. . wind n. n. w. sailed s. w. at the rate of knots, versts. . wind s. steered w. at the rate of knots, and sailed versts. . wind s. w. the ship drove under the foresail. . wind e. n. e. steered w. n. w. at the rate of knots. . wind e. n. e. at the rate of to knots, sailed versts. . wind n. e. at - / knots, versts. . wind e. n. e. steered w. at knots, versts. . wind e. steered w. at the rate of knots, versts. . wind n. e. steered w. at knots versts. . the wind continued n. e. and freshened, steered w. at the rate of knots, versts. . a small breeze n. n. w. with which however sailed versts. . wind being w. s. w. drove hours under bare-poles. . wind south, steered w. at the rate of knots, versts--this day saw land. . wind s. s. e. sailed, at the rate of knots, versts, and approached the land, which found to be the island karaga--from the st to the th of august, continued our voyage towards the mouth of kamtchatka river, sometimes plying to windward, sometimes driving, and at last arrived happily with a rich cargo. [footnote : lief man bey nordwest wind auf den curs zu bis knoten.] chap. xi. _solovioff's_ voyage--he reaches _unalashka_, and passes two winters upon that island--relation of what passed there--fruitless attempts of the natives to destroy the crew--return of _solovioff_ to _kamtchatka_--journal of his voyage in returning--description of the islands _umnak_ and _unalashka_--productions--inhabitants--their manners--customs, &c. &c. [sidenote: voyage of solovioff in the st. peter and paul, .] in the year , jacob ulednikoff, merchant of irkutsk and company, fitted out a ship called the holy apostles peter and paul, under the command of ivan solovioff: she sailed from the mouth of kamtchatka river the th of august. the crew consisted of fifty-five men, amongst whom were some of the owners, and thirteen kamtchadals. they steered at first s. e. with the wind at n. w. but on its coming southerly they afterwards shaped their course e. n. e. the th one of the russian sailors died off kamtchatka point; the st they made beering's island, which they passed leaving it on their left. the st and nd of september they were becalmed, and afterwards the wind springing up at w. s. w. they continued their former course; until the th they sailed on with the wind at south; but on the th and th, from changeable breezes and dead calms, made no progress; from the th to the th, they sailed e. s. e. with southerly and westerly winds; and from that time to the fifteenth east, with the wind at west. september , they made the island umnak, where solovioff had formerly been in nikiphoroff's vessel. as they sailed along the northern coast, three islanders came to them in baidars; but, the crew having no interpreter, they would not come on board. as they found no good bay on that shore, they proceeded through a strait of about a verst broad, which separates umnak from unalashka. [sidenote: arrival at unalashka.] they lay-to during the night; and early on the th dropped anchor at the distance of about two hundred yards from the shore, in a bay on the north side of the last mentioned island. from thence the captain dispatched gregory korenoff at the head of twenty men in a baidar, with orders to land, reconnoitre the country, find out the nearest habitations, and report the disposition of the people. korenoff returned the same day, with an account that he had discovered one of the dwelling-caves of the savages, but abandoned and demolished, in which he had found traces of russians, viz. a written legend, and a broken musket-stock. in consequence of this intelligence, they brought the ship near the coast, and endeavoured to get into the mouth of a river called by the natives tsikanok, and by the russians osernia, but were prevented by shallow water. they landed however their tackle and lading. no natives made their appearance until the d, when two of them came of their own accord, and welcomed the russians on their arrival. they told their names, and were recognized by solovioff; he had known them on a former expedition, when agiak, one of the two, had served as an interpreter; the other, whose name was kashmak, had voluntarily continued some time with the crew on the same occasion. these two persons recounted the particular circumstances which attended the loss of kulkoff's, protassoff's, and trapesnikoff's vessels; from the last of which kashmak had, with great hazard of his life, escaped by flight. agiak had served as interpreter to protassoff's company, and related that the islanders, after murdering the hunting detachments of the russians, came to the harbour, and entered the ship under the most friendly appearances. finding the crew in perfect security, they suddenly attacked and slew them, together with their commander. he added, that he had hid himself under a bench until the murderers were gone: that since that time, he, as well as kashmak, had lived as fugitives; and in the course of their wanderings had learned the following intelligence from the girls who were gathering berries in the fields. the toigons of umnak, akutan, and toshko, with their relations of unalashka, had formed a confederacy. they agreed not to disturb any russians on their first landing, but to let them go out on different hunting excursions; being thus separated and weakened, the intention of the toigons were to attack and cut them off at the same time, so that no one party should have assistance from any of the others. they acquainted him also with glottoff's arrival at umnak. these unfavourable reports filled solovioff with anxiety; he accordingly doubled his watch, and used every precaution in his power against attacks from the savages. but wanting wood to repair his vessel, and wishing for more particular information concerning the situation of the island, he dispatched the th a party of thirty men, with the above-mentioned interpreter, to its western extremity. in three or four hours they rowed to ankonom, a point of land, where they saw a village, consisting of two large caves, and over against it a little island at no great distance. the moment the inhabitants saw them approaching, they got into their baidars, and put out to sea, leaving their dwellings empty. the russians found therein several skeletons, which, in the interpreter's opinion, were the remains of ten murdered sailors of trapesnikoff's company. with much persuasion the interpreter prevailed on the islanders to return to the place which they had just quitted: they kept however at a wary distance, and were armed for whatever might occur. [sidenote: hostilities between solovioff and the natives.] solovioff attempting to cut off their retreat, in order to secure if possible some hostages, they took the alarm, and began themselves the attack. upon this the russians fired upon and pursued them; four were killed, and seven taken prisoners, among whom was the toigon of the little island sedak. these prisoners, being bound and examined, confessed that a number of korovin's crew had been murdered in this place; and the toigon sent people to bring in a number of muskets, some kettles and tackle, which the natives had taken upon that occasion. they also brought intelligence that korovin, with a party in two baidars, had taken shelter at a place called inalga. upon this information, letters were immediately sent to korovin; upon the receipt of which he joined them the d of october. at the time of korovin's arrival, the savages made another attack on solovioff's watch with knives; which obliged the latter to fire, and six of the assailants were left dead on the spot. the captive toigon excused this attempt of his people by ascribing it to their fears, lest korovin out of revenge should put all the prisoners to death; on which account this effort was made to rescue them. solovioff, for the greater security, sent the prisoners by land to the haven, while korovin and his party went to the same place by sea. the toigon however was treated kindly, and even permitted to return home on condition of leaving his son as an hostage. in consequence of this kind behaviour the inhabitants of three other villages, agulak, kutchlok, and makuski presented hostages of their own accord. [sidenote: solovioff lays up the vessel, and winters upon unalashka.] from the remaining timber of the old dwelling the russians built a new hut; and on the fourteenth they laid up the vessel. koronoff was then sent upon a reconnoitring party to the southern side of the island, which in that part was not more than five or six versts broad: he proceeded on with his companions, sometimes rowing in canoes, sometimes travelling by land and dragging them after. he returned the twentieth, and reported that he had found upon the coast on the further side of the island an empty habitation. that he rowed from thence eastward along the shore, and behind the first point of land came to an island in the next bay; there he found about forty islanders of both sexes lodged under their baidars, who by his friendly behaviour had been induced to give him three hostages. these people afterwards settled in the above-mentioned empty hut, and came frequently to the harbour. on the th of october, solovioff himself went also upon a reconnoitring party along the north coast, towards the north-east end of the island. he rowed from the first promontory across a bay; and found on the opposite point of land a dwelling place called agulok, which lies about four hours row from the harbour. he found there thirteen men and about forty women and children, who delivered up several gun-barrels and ship-stores, and likewise informed him of two of korovin's crew who had been murdered. november , they proceeded farther; and after five or six hours rowing, they saw on a point of land another dwelling called ikutchlok, beyond which the interpreter shewed them the haven, where korovin's ship had been at anchor. this was called makushinshy bay; and on an island within it they found two toigons, called itchadak and kagumaga, with about an hundred and eighty people of both sexes employed in hunting sea-bears. these natives were not in the least hostile, and solovioff endeavoured to establish and confirm a friendly intercourse between them and his people. he remained with them until the th, when the toigons invited him to their winter quarters, which lay about five hours sail farther east: there he found two dwelling caves, each of forty yards square, near a rivulet abounding with fish which fell from a lake into a little bay. in the neighbourhood of this village is a hot spring below the sea mark, which is only to be seen at ebb tide. from hence he departed the th, but was forced back by storms, and detained there until the th of december. kagumaga then accompanied him to another village called totchikala; both the toigon and the interpreter advised him to be on his guard against the natives, whom they represented as very savage, sworn enemies to the russians, and the murderers of nine of kulkoff's crew. solovioff for these reasons passed the night on the open coast, and next morning sent the toigon before to inspire the natives with more friendly sentiments. some of them listened to his representations; but the greatest part fled upon solovioff's approach, so that he found the place consisting of four large dwelling caves almost empty, in which he secured himself with suitable precaution. here he found three hundred darts and ten bows with arrows, all which he destroyed, only reserving one bow and seventeen arrows as specimens of their arms. by the most friendly arguments he urged the few natives who remained to lay aside their enmity, and to persuade their leaders and relations to return to their habitations and live on terms of amity and friendship. on the th about an hundred men and a still greater number of women returned. [sidenote: renewal of hostilities.] but the fairest speeches had no effect on these savages, who kept aloof and prepared for hostilities, which they began on the th by an open attack. nineteen of them were killed, amongst whom was inlogusak one of their leaders, and the most inveterate fomenter of hostilities against the russians. the other leader aguladock being alive confessed, that on receiving the first news of solovioff's arrival they had resolved to attack the crew and burn the ship. notwithstanding this confession, no injury was offered to him: in consequence of this kind usage he was prevailed upon to deliver up his son as an hostage, and to order his people to live on friendly terms with the russians. during the month of january the natives delivered in three anchors, and a quantity of tackle which had been saved from a vessel formerly wrecked on that coast; and at the same time they brought three boys and two young girls as hostages and pledges of their future fidelity. january , solovioff set out for the haven where his ship lay: before his departure the toigons of makushinsk paid of their own accord a double tribute. february , kagumaga of makushink, agidalok of totzikala, and imaginak of ugamitzi, toigons of unalashka, with a great number of their relations, came to solovioff; they acquainted him with the arrival of a russian ship at unimak, the sixth island to the east of agunalashka, adding that they knew none of the crew excepting a kamtchadal named kirilko, who had been there on a former occasion. they likewise informed him that the natives, after having cut off part of the crew who had been sent out in two baidars, had found means to overpower the remainder and to destroy the vessel. from the name of the kamtchadal they concluded that this must have been another vessel fitted out by nikiphor trapesnikoff and company, of which no farther intelligence was ever received. willing to procure farther intelligence, they endeavoured to persuade the toigons to send a party of their people to the above-mentioned island; but the latter excused themselves, on account of the great distance and their dread of the islanders. february , solovioff set out a second time for the west end of the island, where they had formerly taken prisoner, and afterwards set at liberty, the toigon of sedak. from thence he proceeded to ikolga, which lies on the bay, and consists of only one hut. on the th he came to takamitka, where there is likewise only one hut on a point of land by the side of a rivulet, which falls from the mountains into the sea. here he met with korovin, in whose company he cut the blubber of a whale, which the waves had cast on shore; after this korovin went across the gulph to umnak, and he proceeded to ikaltshinsk, where on the th one of his party was carried off by sickness. march he returned to the haven, having met with no opposition from the islanders during this excursion. on his return he found one of the crew dead, and a dreadful scurvy raging amongst the rest; of that distemper five russians died in march, eight and a kamtchadal in april, and six more in may. about this time the islanders were observed to pay frequent visits to the hostages; and upon enquiring privately into the reason, some of the latter discovered, that the inhabitants of makushinsk had formed the design of cutting off the crew, and of making themselves masters of the vessel. solovioff had now great reasons to be apprehensive, for the crew were afflicted with the scurvy to such a violent degree, that out of the whole number only twelve persons were capable of defending themselves. these circumstances did not escape the observation of the natives; and they were accordingly inspired with fresh courage to renew their hostilities. on the th of may the russians perceived the toigon of itchadak, who had formerly paid a voluntary tribute, near the shore: he was accompanied by several islanders in three baidars. solovioff calling to him by the interpreter he came on shore, but kept at a distance desiring a conference with some of his relations. solovioff gave orders to seize him; and they were lucky enough to take him prisoner, together with two of his companions. he immediately confessed, that he had come with a view of enquiring of the hostages how many russians were still remaining: having procured the necessary intelligence, his intention was to surprise the watch at a convenient season, and afterwards to set fire to the ship. as they saw several islanders row past the harbour at the same time, and the toigon likewise informed them, that they were assembling to execute the abovementioned design; solovioff resolved to be much upon his guard. they separated, however, without attempting any hostilities. june , glottoff arrived at the harbour on a visit, and returned on the th to his ship. the captive toigon was now set at liberty, after being seriously exhorted to desist from hostilities. in the course of this month two more of the crew died; so that the arrival of korovin, who joined them about this time, with two of his own and two of kulkoff's crew, was of course a very agreeable circumstance. the sick likewise began to recover by degrees. july , solovioff, with a party of his people, in two baidars, made another excursion northwards; he passed by the places formerly mentioned as far as igonok, which lies ten versts beyond totzikala. igonok consists of one dwelling cave on the side of a rivulet, which falls from the mountains, and empties itself into the sea. the inhabitants amounted to about thirty men, who dwelt there with their wives and children. from thence solovioff proceeded along the shore into a bay; five versts further he found another rivulet, which has its source among the hills and flows through a plain. upon the shore of the same bay, opposite to the mouth of this rivulet, lay two villages, one of which only was inhabited; it was called ukunadok, and consisted of six dwelling caves. about thirty-five of the inhabitants were at that time employed in catching salmon in the rivulet. kulkoff's ship had lain at anchor about two miles from thence; but there were no remains of her to be found. after coming out of the bay he went forwards to the summer village umgaina distant about seven or eight leagues, and situated on the side of a rivulet, which takes its rise in a lake abounding with salmon. here he found the toigon amaganak, with about ten of the natives, employed in fishing. fifteen versts farther along the shore they found another summer village called kalaktak, where there was likewise another rivulet, which came from the hills. the inhabitants were sixty men and an hundred and seventy women and children: they gave solovioff a very friendly reception; and delivered up two hostages, who were brought from the neighbouring island akutan; with these he set out on his return, and on the th of august joined his crew. on the th he went over to the island umnak, accompanied by korovin, to bring off some ships stores left there by the latter; and returned to the haven on the th. on the st shaffyrin died, the same person whose adventures have been already related. sept. . korenoff was sent northwards upon an hunting party; he returned the th of january, . although the russians who remained at the haven met with no molestation from the natives during his absence; yet he and his companions were repeatedly attacked. having distributed to the inhabitants of the several villages through which he passed nets for the purpose of catching sea-otters, he went to the east part of the island as far as kalaktak, with an intention of hunting. upon his arrival at that place, on the st of october, the inhabitants fled with precipitation; and as all his efforts to conciliate their affections were ineffectual, he found it requisite to be upon his guard. nor was this precaution unnecessary; for on the following day they returned in a considerable body, armed with lances, made with the iron of the plundered vessels. korenoff, however, and his companions, who were prepared to receive them, killed twenty-six, and took several prisoners; upon which the others became more tractable. nov. . korenoff, upon his return to the haven, came to makushinsk, where he was kindly received by a toigon named kulumaga; but with regard to itchadak, it was plain that his designs were still hostile. instead of giving an account of the nets which had been left with him, he withdrew privately: and on the th of january, accompanied by a numerous body of islanders, made an attempt to surprise the russians. victory, however, again declared for korenoff; and fifteen of the assailants, amongst whom was itchadak himself, remained dead upon the spot. kulumaga assured them, in the strongest manner, that the design had been carried on without his knowledge; and protested, that he had often prevented his friend from committing hostilities against the russians. korenoff returned to the haven on the th of january; and on the th of february he went upon another hunting expedition toward the western point of the island. during this excursion he met with a party sent out by glottoff, at a place called takamitka; he then rowed over to umnak, where he collected a small tribute, and returned on the d of march. during his absence kyginik, kulumaga's son, paid a visit to the russians, and requested that he might be baptized, and be permitted to go aboard the vessel; his demand was immediately complied with. may th. korovin went, with fourteen men, to umnak, to bring off an anchor, which was buried in the sand. on his return preparations were made for their departure. before the arrival of korovin the hunters had killed black and brown foxes; and the same number of old and young sea-otters; since his arrival they had caught black foxes, the same number of common foxes, and sea-otters of different sizes. this cargo being put on board, the interpreter kashmak set at liberty, with a certificate of, and presents for his fidelity, and the hostages delivered up to the toigons and their relations, who had assembled at the haven, solovioff put to sea on the st of june, with an easterly wind. before his departure he received a letter from glottoff, informing him that he was likewise preparing for his return. [sidenote: journal of the voyage homewards.] june . the wind being contrary, they got but a small way from land. . steered again towards the shore, came to an anchor, and sent a boat for a supply of water, which returned without having seen any body. . weighed and steered w. with a s. e. wind. . favourable wind at n. e. and in the afternoon at n. . wind at n. w. and stormy, the ship drove under the foresail. & . sailed northwards, with a westerly wind. . calm till noon; afterwards breeze sprung up at s. with which they steered w. till next day at noon; when the wind coming round to the west, they changed their course, and steered n. w. . calm during the night. . a small breeze of northerly wind, with which they steered w. in the afternoon it fell calm, and continued so till the . at noon, when a breeze springing up at east, they steered w. on which course they continued during the . with a s. s. e. wind. from the to the . the wind was changeable from the s. w. to n. w. with which they still made a shift to get to the westward. . the wind e. they steered betwixt n. & w. which course they continued the th, th, th, with a northerly wind. . a. m. the wind changed to s. w. , , . wind at west. july . the wind changed to e. with which they steered between w. and s. w. with little variations, till the d. . they reached kamtchatkoi noss, and on the th. brought the ship, in good condition, into kamtchatka river. [sidenote: solovioff's description of the fox islands.] solovioff's description of these islands and the inhabitants being more circumstantial, than the accounts given by former navigators, deserves to be inserted at full length. according to his estimation, the island unalashka lies between and versts due east from the mouth of the kamtchatka river: the other islands to the eastward stretch towards n. e. he reckons the length of akutan at eighty versts; umnak at an hundred and fifty, and unalashka at two hundred. no large trees were seen upon any of the islands which he touched at. they produce underwood, small shrubs, and plants, for the most part similar to the common species found in kamtchatka. the winter is much milder than in the eastern parts of siberia, and continues only from november to the end of march. the snow seldom lies upon the ground for any time. rein-deer, bears, wolves, ice-foxes, are not to be found on these islands; but they abound in black, grey, brown, and red foxes; for which reason they have got the name of lyffie ostrova, or fox islands. these foxes are stronger than those of yakutsk, and their hair is much coarser. during the day they lie in caves and clifts of rocks; towards evening they come to the shore in search of food; they have long ago extirpated the brood of mice, and other small animals. they are not in the smallest degree afraid of the inhabitants, but distinguish the russians by the scent; having experienced the effects of their fire-arms. the number of sea-animals, such as sea-lions, sea-bears, and sea-otters, which resort to these shores, are very considerable. upon some of the islands warm springs and native sulphur are to be found. [sidenote: manners and customs of the inhabitants.] the fox-islands are in general very populous; unalashka, which is the largest island, is supposed to contain several thousand inhabitants. these savages live together in separate communities, composed of fifty, and sometimes of two or even three hundred persons; they dwell in large caves from forty to eighty yards long, from six to eight broad, and from four to five high. the roof of these caves is a kind of wooden grate, which is first spread over with a layer of grass, and then covered with earth. several openings are made in the iop, through which the inhabitants go up and down by ladders: the smallest dwellings have two or three entrances of this sort, and the largest five or six. each cave is divided into a certain number of partitions, which are appropriated to the several families; and these partitions are marked by means of stakes driven into the earth. the men and women sit on the ground; and the children lie down, having their legs bound together under them, in order to make them learn to sit upon their hams. although no fire is ever made in these caves, they are generally so warm, that both sexes sit naked. these people obey the calls of nature openly, and without esteeming it indecent. they wash themselves first with their own urine, and afterwards with water. in winter they go always bare-footed; and when they want to warm themselves, especially before they go to sleep, they set fire to dry grass and walk over it. their habitations being almost dark, they use particularly in winter a sort of large lamps, made by hollowing out a stone, into which they put a rush-wick and burn train oil. a stone so hollowed is called tsaaduck. the natives[ ] are whites with black hair; they have flat faces, and are of a good stature. the men shave with a sharp stone or knife, the circumference and top of the head, and let the hair which remains hang from the crown[ ]. the women cut their hair in a streight line over the forehead; behind they let it grow to a considerable length, and tie it in a bunch. some of the men wear their beards; others shave or pull them out by the roots. [footnote : von gesicht sind sie platt undweiss durchgaengig mit schwarzen haaren.] [footnote : the original in this passage is somewhat obscure. die maenner scheeren mit einem scharfen stein oder messer den umkreiss des haarkopfs und die platte, und lassen die haare um die krone des kopfs rundum ueberhangen.] they mark various figures on their faces, the backs of their hands, and lower parts of their arms, by pricking them first with a needle, and then rubbing the parts with a sort of black clay. they make three incisions in the under-lip; they place in the middle one a flat bone, or a small coloured stone; and in each of the side-ones they fix a long pointed piece of bone, which bends and reaches almost to the ears. they likewise make a hole through the gristle of the nose, into which they put a small piece of bone in such a manner as to keep the nostrils extended. they also pierce holes in their ears, and wear in them what little ornaments they can procure. their dress consists of a cap and a fur-coat, which reaches down to the knee. some of them wear common caps of a party coloured bird-skin, upon which they leave part of the wings and tail. on the fore-part of their hunting and fishing caps they place a small board like a screen, adorned with the jaw-bones of sea-bears, and ornamented with glass beads, which they receive in barter from the russians. at their festivals and dancing parties they use a much more showy sort of caps. their fur-coats are made like shirts, being close behind and before, and are put on over the head. the mens dress is made of birds skins, but the womens of sea-otters and sea-bears. these skins are died with a sort of red earth, and neatly sewed with sinews, and ornamented with various stripes of sea-otter skins and leathern fringes. they have also upper garments made of the intestines of the largest sea-calves and sea-lions. their vessels consist of two sorts: the larger are leathern boats or baidars, which have oars on both sides, and are capable of holding thirty or forty people. the smaller vessels are rowed with a double paddle, and resemble the canoes of the greenlanders, containing only one or two persons: they never weigh above thirty pounds, being nothing but a thin skeleton of a boat covered with leather. in these however they pass from one island to another, and even venture out to sea to a considerable distance. in calm weather they go out in them to catch turbot and cod with bone-hooks and lines made of sinews or sea-weed. they strike fish in the rivulets with darts. whales and other sea-animals thrown ashore by the waves are carefully looked after, and no part of them is lost. the quantity of provisions which they procure by hunting and fishing being far too small for their wants, the greatest part of their food consists of sea-wrack and shell-fish, which they find on the shore. no stranger is allowed to hunt or fish near a village, or to carry off any thing fit for food. when they are on a journey, and their provisions are exhausted, they beg from village to village, or call upon their friends and relations for assistance. they feed upon the flesh of all sorts of sea-animals, and generally eat it raw. but if at any time they choose to dress their victuals, they make use of an hollow stone; having placed the fish or flesh therein, they cover it with another, and close the interstices with lime or clay. they then lay it horizontally upon two stones, and light a fire under it. the provision which is intended for keeping is dried without salt in the open air. they gather berries of various sorts, and lily roots of the same species with those which grow wild at kamtchatka. they are unacquainted with the manner of dressing the cow-parsnip, as practised in that peninsula; and do not understand the art of distilling brandy or any other strong liquor from it. they are at present very fond of snuff, which the russians have introduced among them. no traces were found of any worship, neither did they seem to have any sorcerers[ ] among them. if a whale happens to be cast on shore, the inhabitants assemble with great marks of joy, and perform a number of extraordinary ceremonies. they dance and beat drums[ ] of different sizes: they then cut up the fish, of which the greatest and best part is consumed on the spot. on such occasions they wear showy caps; and some of them dance naked in wooden masks, which reach down to their shoulders, and represent various sorts of sea-animals. their dances consist of short steps forwards, accompanied with many strange gestures. [footnote : in the last chapter it is said that there are sorcerers among them.] [footnote : the expression in the original is "schlagen auf grossen platten handpauken," which, being literally translated, signifies "they beat upon large flat hand-kettle drums of different sounds." by the accounts which i procured at petersburg, concerning the form of these drums, they seem to resemble in shape those made use of by the sorcerers of kamtchatka, and are of different sizes. i had an opportunity of seeing one of the latter at the cabinet of curiosities. it is of an oval form, about two feet long and one broad: it is covered only at one end like the tambour de basque, and is worn upon the arm like a shield.] marriage ceremonies are unknown among them, and each man takes as many wives as he can maintain; but the number seldom exceeds four. these women are occasionally allowed to cohabit with other men; they and their children are also not unfrequently bartered in exchange for commodities. when an islander dies, the body is bound with thongs, and afterwards exposed to the air in a sort of wooden cradle hung upon a cross-bar, supported by forks. upon these occasions they cry and make bitter lamentations. their toigons or princes are those who have numerous families, and are skilful and successful in hunting and fishing. their weapons consist of bows, arrows, and darts: they throw the latter very dexterously, and to a great distance from a hand-board. for defence they use wooden shields, called kuyakin. these islanders are, notwithstanding their savageness, very docile; and the boys, whom the russians keep as hostages, soon acquire a knowledge of their language. chap. xii. voyage of _otcheredin_--he winters upon _umnak_--arrival of _levasheff_ upon _unalashka_--return of _otcheredin_ to _ochotsk_. [sidenote: voyage of otcheredin in the st. paul, .] in the year three merchants, namely, orechoff of yula, lapin of solikamsk, and shiloff of ustyug, fitted out a new vessel called the st. paul, under the command of aphanassei otcheredin. she was built in the harbour of ochotsk: his crew consisted of sixty-two russians and kamtchadals, and she carried on board two inhabitants of the fox islands named john and timothy surgeff, who had been brought to kamtchatka and baptised. september , they sailed from ochotsk, and arrived the d in the bay of bolcheresk where they wintered. august , , they continued their voyage, and having passed the second of the kuril isles, steered on the th into the open sea; on the th they reached the nearest of the fox islands, which the interpreters called [ ]atchak. a storm arising they cast anchor in a bay, but saw no inhabitants upon the shore. [sidenote: arrival at umnak.] on the th they sailed again, discovered on the th sagaugamak, along which they steered north east, and on the st came within seven miles of the island umnak; where, on account of the lateness of the season and the want of provision and water, they determined to winter. accordingly on the st of september, by the advice of the interpreters, they brought the vessel into a convenient bay near a point of land lying n. w. where they fastened it to the shore with cables. [footnote : called in a former journal atchu, p. .] upon their landing they discovered several pieces of a wreck; and two islanders, who dwelled on the banks of a rivulet which empties itself into the bay, informed them, that these were the remains of a russian vessel, whose commander's name was denys. from this intelligence they concluded that this was protassoff's vessel, fitted out at ochotsk. the inhabitants of umnak, unalashka, and of the five mountains, had assembled and murdered the crew, when separated into different hunting parties. the same islanders also mentioned the fate of kulkoff's and trapesnikoff's ships upon the island unalashka. although this information occasioned general apprehensions, yet they had no other resource than to draw the vessel ashore, and to take every possible precaution against a surprize. accordingly they kept a constant watch, made presents to the toigons and the principal inhabitants, and demanded some children as hostages. for some time the islanders behaved very peaceably, until the russians endeavoured to persuade them to become tributary: upon which they gave such repeated signs of their hostile intentions, that the crew lived under continual alarms. in the beginning of september information was brought them of the arrival of a vessel, fitted out by ivan popoff merchant of lalsk, at unalashka. about the end of the said month the toigon of the five mountains came to otcheredin, and was so well satisfied with his reception, that he brought hostages, and not only assured them of his own friendship, but promised to use his influence with the other toigons, and to persuade them to the same peaceable behaviour. but the other toigons not only paid no regard to his persuasions, but even barbarously killed one of his children. from these and other circumstances the crew passed the winter under continual apprehensions, and durst not venture far from the harbour upon hunting parties. hence ensued a scarcity of provisions; and hunger, joined to the violent attacks of the scurvy, made great havock amongst them, insomuch that six of them died, and several of the survivors were reduced to so weak a condition, that they were scarce able to move. the health of the crew being re-established in the spring, twenty-three men were sent on the th of june in two boats to the five mountains, in order to persuade the inhabitants to pay tribute. on the th they landed on the island ulaga, where they were attacked with great spirit by a large body of the inhabitants; and though three of the russians were wounded, yet the savages were repulsed with considerable loss: they were so terrified by their defeat, that they fled before the russians during their continuance on that island. the latter were detained there by tempestuous weather until the th of july; during which time they found two rusty firelocks belonging to protassoff's crew. on the th they returned to the harbour; and it was immediately resolved to dispatch some companies upon hunting expeditions. accordingly on the st of august matthew poloskoff, a native of ilinsk, was sent with twenty-eight men in two boats to unalashka with the following orders; that if the weather and other circumstances were favourable, they were to make to akutan and akun, the two nearest islands to the east, but to proceed no further. in consequence of this, poloskoff reached akutan about the end of the month; and being kindly received by the inhabitants, he left six of his party to hunt; with the remainder he went to akun, which lies about two versts from akutan. from thence he dispatched five men to the neighbouring islands, where he was informed by the interpreters there were great quantities of foxes. poloskoff and his companions continued the whole autumn upon akun without being annoyed; but on the th of december the inhabitants of the different islands assembled in great numbers, and attacked them by land and sea. they informed poloskoff, by means of the interpreters, that the russians whom he had sent to the neighbouring islands were killed; that the two vessels at umnak and unalashka were plundered, and the crew put to death; and that they were now come to make him and his party share the same fate. the russian fire-arms however kept them in due respect; and towards evening they dispersed. the same night the interpreter deserted, probably at the instigation of his countrymen, who nevertheless killed him, as it was said, that winter. january , the savages ventured to make a second attack. having surprised the guard by night, they tore off the roof of the russian dwelling, and shot down into the hut, making at the same time great outcries: by this unexpected assault four russians were killed, and three wounded; but the survivors no sooner had recourse to their fire-arms, than the enemy was driven to flight. meanwhile another body of the natives attempted to seize the two vessels, but without success; they however cut off the party of six men left by poloskoff at akutan, together with the five hunters dispatched to the contiguous islands, and two of popoff's crew who were at the westermost part of unalashka. poloskoff continued upon akun in great danger until the th of february; when, the wounded being recovered, he sailed over with a fair wind to popoff's vessel at unalashka; and on the th of may returned to otcheredin. in april popoff's vessel being got ready for the voyage, all the hostages, whose number amounted to forty, were delivered to otcheredin. july the th a vessel belonging to the same popoff arrived from beering's island, and cast anchor in the same bay where otcheredin's lay; and both crews entered into an agreement to share in common the profits of hunting. strengthened by this alliance, otcheredin prevailed upon a number of the inhabitants to pay tribute. august the d otcheredin's mate was sent with six boats and fifty-eight men to hunt upon unalashka and akutan; and there remained thirty men with the vessels in the harbour, who kept constant watch. [sidenote: otcheredin receives an account of levasheff's arrival at unalashka.] soon afterwards otcheredin and the other commander received a letter from levasheff captain lieutenant of the imperial fleet, who accompanied captain krenitzin in the secret expedition to those islands. the letter was dated september , : it informed them he was arrived at unalashka in the st. paul, and lay at anchor in the same bay in which kulkoff's vessel had been lost. he likewise required a circumstantial account of their voyages. by another order of the th he sent for four of the principal hostages, and demanded the tribute of skins which had been exacted from the islanders. but as the weather was generally tempestuous at this season of the year, they deferred sending them till the spring. may the st levasheff set sail for kamtchatka; and in returned safely from his expedition at st. petersburg. the two vessels remained at umnak until the year , during which time the crews met with no opposition from the islanders. they continued their hunting parties, in which they had such good fortune, that the share of otcheredin's vessel (whose voyage is here chiefly related) consisted in large sea-otter skins, young ones and cubs, the skins of fine black foxes, of an inferior sort, and about red fox skins. with this large cargo of furs otcheredin set sail on the d of may, , from umnak, leaving popoff's crew behind. a short time before their departure, the other interpreter ivan surgeff, at the instigation of his relations, deserted. [sidenote: return of otcheredin to ochotsk.] after having touched at the nearest of the aleütian islands, otcheredin and his crew arrived on the th of july at ochotsk. they brought two islanders with them, whom they baptized. the one was named alexèy solovieff; the other boris otcheredin. these islanders unfortunately died on their way to petersburg; the first between yakutsk and irkutsk; and the latter at irkutsk, where he arrived on the st of february, . chap. xiii. conclusion--general position and situation of the _aleütian_ and _fox islands_--their distance from each other--further description of the dress, manners, and customs of the inhabitants--their feasts and ceremonies, &c. [sidenote: position of beering's and copper islands.] according to the latest informations brought by otcheredin's and popoff's vessels, the north west point of commandorskoi ostroff, or beering's island, lies due east from the mouth of the kamtchatka river, at the distance of versts. it is from to versts long, and stretches from north west to south east, in the same direction as copper island. the latter is situated about or versts from the south east point of beering's island, and is about versts in length. [sidenote: of the aleütian isles.] about versts east by south of copper island lie the aleütian isles, of which attak is the nearest: it is rather larger than beering's island, of the same shape, and stretches from west to south east. from thence about versts eastwards is situated semitshi, extending from west to east, and near its eastern point another small island. to the south of the strait, which separates the two latter islands, and at the distance of versts from both of them, lies shemiya in a similar position, and not above versts in length. all these islands stretch between and degrees of north latitude. [sidenote: of the fox islands.] the fox islands are situated e. n. e. from the aleütians: the nearest of these, atchak, is about versts distant; it lies in about degrees north latitude, and extends from w. s. w. towards e. n. e. it greatly resembles copper island, and is provided with a commodious harbour on the notrh. from thence all the other islands of this chain stretch in a direction towards n. e. by east. the next to atchak is amlak, about versts distant; it is nearly of the same size; and has an harbour on its south side. next follows sagaugamak, at about the same distance, but somewhat smaller; from that it is versts to amuchta, a small rocky island; and the same distance from the latter to yunaksan, another small island. about versts from yunaksan there is a cluster of five small islands, or rather mountains, kigalgist, kagamila, tsigulak, ulaga, and tana-unok, and which are therefore called by the russians pät sopki, or the five mountains. of these tana-unok lies most to the n. e. towards which the western point of umnak advances within the distance of versts. umnak stretches from s. w. to n. e.; it is versts in length, and has a very considerable bay on the west end of the northern coast, in which there is a small island or rock, called adugak; and on the south side is shemalga, another rock. the western point of aghunalashka, or unalashka, is separated from the east end of umnak by a strait near versts in breadth. the position of these two islands is similar; but aghunalashka is much the largest, and is above versts long. it is divided towards the n. e. into three promontories, one of which runs out in a westerly direction, forming one side of a large bay on the north coast of the island: the second stretches out n. e. ends in three points, and is connected with the island by a small neck of land. the third or most southerly one is separated from the last mentioned promontory by a deep bay. near unalashka towards the east lies another small island called skirkin. about versts from the north east promontory of aghunalashka lie four islands: the first, akutan, is about half as big as umnak; a verst further is the small island akun; a little beyond is akunok; and lastly kigalga, which is the smallest of these four, and stretches with akun and akunok almost from n. to s. kigalga is situated about the st degree of latitude. about versts from thence lies an island called unimak[ ], upon which captain krenitzin wintered; and beyond it the inhabitants said there was a large tract of country called alashka, of which they did not know the boundaries. [footnote : krenitzin wintered at alaxa, and not at unimak. see appendix i. n^o i.] the fox islands are in general very rocky, without containing any remarkable high mountains: they are destitute of wood, but abound in rivulets and lakes, which are mostly without fish. the winter is much milder than in siberia; the snow seldom falls before the beginning of january, and continues on the ground till the end of march. there is a volcano in amuchta; in kagamila sulphur flows from a mountain; in taga-unok there are warm springs hot enough to boil provisions; and flames of sulphur are occasionally seen at night upon the mountains of unalashka and akutan. [sidenote: account of the inhabitants of the fox islands.] the fox islands are tolerably populous in proportion to their size. the inhabitants are entirely free, and pay tribute to no one: they are of a middle stature; and live, both in summer and winter, in holes dug in the earth. no signs of religion were found amongst them. several persons indeed pass for sorcerers, pretending to know things past and to come, and are accordingly held in high esteem, but without receiving any emolument. filial duty and respect towards the aged are not held in estimation by these islanders. they are not however deficient in fidelity to each other; they are of lively and chearful tempers, though rather impetuous, and naturally prone to anger. in general they do not observe any rules of decency, but follow all the calls of nature publicly, and without the least reserve. they wash themselves with their own urine. [sidenote: their food.] their principal food consists in fish and other sea-animals, small shell-fish and sea-plants: their greatest delicacies are wild lilies and other roots, together with different kinds of berries. when they have laid in a store of provisions, they eat at any time of the day without distinction; but in case of necessity they are capable of fasting several days together. they seldom heat their dwellings; but when they are desirous of warming themselves, they light a bundle of hay, and stand over it; or else they set fire to train oil, which they pour into a hollow stone. they feed their children when very young with the coarsest flesh, and for the most part raw. if an infant cries, the mother immediately carries it to the sea-side, and be it summer or winter holds it naked in the water until it is quiet. this custom is so far from doing the children any harm, that it hardens them against the cold; and they accordingly go bare-footed through the winter without the least inconvenience. they are also trained to bathe frequently in the sea; and it is an opinion generallly received among the islanders, that by that means they are rendered bold, and become fortunate in fishing. [sidenote: dress.] the men wear shirts made of the skins of cormorants, sea-divers, and gulls; and, in order to keep out the rain, they have upper garments of the bladders and other intestines of sea-lions, sea-calves, and whales, blown up and dried. they cut their hair in a circular form close to their ears; and shave also a round place upon the top. the women, on the contrary, let the hair descend over the forehead as low as the eye-brows, and tie the remaining part in a knot upon the top of the head. they pierce the ears, and hang therein bits of coral which they get from the russians. both sexes make holes in the gristle of the nose, and in the under-lips, in which they thrust pieces of bone, and are very fond of such kind of ornaments. they mark also and colour their faces with different figures. they barter among one another sea-otters, sea-bears, clothes made of bird-skins and of dried intestines, skins of sea-lions and sea-calves for the coverings of baidars, wooden masks, darts, thread made of sinews and reindeer hair, which they get from the country of alaska. their houshold utensils are square pitchers and large troughs, which they make out of the wood driven ashore by the sea. [sidenote: arms.] their weapons are bows and arrows pointed with flints, and javelins of two yards in length, which they throw from a small board. instead of hatchets they use crooked knives of flint or bone. some iron knives, hatchets, and lances, were observed amongst them, which they had probably got by plundering the russians. according to the reports of the oldest inhabitants of umnak and unalashka, they have never been engaged in any war either amongst themselves or with their neighbours, except once with the people of alashka, the occasion of which was as follows: the toigon of umnak's son had a maimed hand; and some inhabitants of alashka, who came upon a visit to that island, fastened to his arm a drum, out of mockery, and invited him to dance. the parents and relations of the boy were offended at this insult: hence a quarrel ensued; and from that time the two people have lived in continual enmity, attacking and plundering each other by turns. according to the reports of the islanders, there are mountains upon alashka, and woods of great extent at some distance from the coast. the natives wear clothes made of the skins of reindeer, wolves, and foxes, and are not tributary to any of their neighbours. the inhabitants of the fox-islands seem to have no knowledge of any country beyond alashka. [sidenote: feasts.] feasts are very common among these islanders; and more particularly when the inhabitants of one island are visited by those of the others. the men of the village meet their guests beating drums, and preceded by the women, who sing and dance. at the conclusion of the dance the hosts invite them to partake of the feasts; after which ceremony the former return first to their dwellings, place mats in order, and serve up their best provision. the guests next enter, take their places, and after they are satisfied the diversions begin. first, the children dance and caper, at the same time making a noise with their small drums, while the owners of the hut of both sexes sing. next, the men dance almost naked, tripping after one another, and beating drums of a larger size: when these are weary, they are relieved by the women, who dance in their clothes, the men continuing in the mean time to sing and beat their drums. at last the fire is put out, which had been kindled for the ceremony. the manner of obtaining fire is by rubbing two pieces of dry wood, or most commonly by striking two flints together, and letting the sparks fall upon some sea-otter's hair mixed with sulphur. if any sorcerer is present, it is then his turn to play his tricks in the dark; if not, the guests immediately retire to their huts, which are made on that occasion of their canoes and mats. the natives, who have several wives, do not withhold them from their guests; but where the owner of the hut has himself but one wife, he then makes the offer of a female servant. their hunting season is principally from the end of october to the beginning of december, during which time they kill large quantities of young sea-bears for their clothing. they pass all december in feastings and diversions similar to that above mentioned: with this difference, however, that the men dance in wooden masks, representing various sea-animals, and painted red, green, or black, with coarse coloured earths found upon these islands. during these festivals they visit each other from village to village, and from island to island. the feasts concluded, masks and drums are broken to pieces, or deposited in caverns among the rocks, and never afterwards made use of. in spring they go out to kill old sea-bears, sea-lions, and whales. during summer, and even in winter when it is calm, they row out to sea, and catch cod and other fish. their hooks are of bone; and for lines they make use of a string made of a long tenacious sea-weed, which is sometimes found in those seas near one hundred and sixty yards in length. whenever they are wounded in any encounter, or bruised by any accident, they apply a sort of yellow root to the wound, and fast for some time. when their head achs, they open a vein in that part with a stone lancet. when they want to glue the points of their arrows to the shaft, they strike their nose till it bleeds, and use the blood as glue. murder is not punished amongst them, for they have no judge. with respect to their ceremonies of burying the dead, they are as follow: the bodies of poor people are wrapped up in their own clothes, or in mats; then laid in a grave, and covered over with earth. the bodies of the rich are put, together with their clothes and arms, in a small boat made of the wood driven ashore by the sea: this boat is hung upon poles placed cross-ways; and the body is thus left to rot in the open air. the customs and manners of the inhabitants of the aleütian isles are nearly similar to those of the inhabitants of the fox islands. the former indeed are rendered tributary, and entirely subject to russia; and most of them have a slight acquaintance with the russian language, which they have learned from the crews of the different vessels who have landed there. part ii. containing the conquest of siberia, and the history of the transactions and commerce between russia and china. chap. i. first irruption of the _russians_ into _siberia_--second inroad--_yermac_ driven by the tzar of _muscovy_ from the volga, retires to _orel_ a _russian_ settlement--enters _siberia_ with an army of _cossacks_--his progress and exploits--defeats _kutchum chan_--conquers his dominions--cedes them to the tzar--receives a reinforcement of _russian_ troops--is surprized by _kutchum chan_--his defeat and death--veneration paid to his memory--_russian_ troops evacuate _siberia_--re-enter and conquer the whole country--their progress stopped by the _chinese_. [sidenote: first irruption of the russians into siberia under the reign of ivan vassilievitch i.] siberia was scarcely known to the russians before the middle of the sixteenth century[ ]. for although an expedition was made, under the reign of ivan vassilievitch i. into the north western parts of that country, as far as the river oby, by which several tartar tribes were rendered tributary, and some of their chiefs brought prisoners to moscow; yet this incursion bore a greater resemblance to the desultory inroads of barbarians, than to any permanent establishment of empire by a civilized nation. indeed the effects of that expedition soon vanished; nor does any trace of the least communication with siberia again appear in the russian history before the reign of ivan vassilievitch ii. at that period siberia again became an object of attention, by means of one anika strogonoff, a russian merchant, who had established some salt-works at solvytshegodskaia, a town in the government of archangel. [footnote : s. r. g. vi. p. - . fis. sib. ges. tom. i.] [sidenote: anika strogonoff trades with the people of siberia.] this person carried on a trade of barter with the inhabitants of the north-western parts of siberia, who brought every year to the abovementioned town large quantities of the choicest furs. upon their return to their country strogonoff was accustomed to send with them some russian merchants, who crossed the mountains, and traded with the natives. by these means a considerable number of very valuable furs were procured at an easy rate, in exchange for toys and other commodities of trifling value. this traffic was continued for several years, without any interruption; during which strogonoff rapidly amassed a very considerable fortune[ ]. at length the tzar ivan vassilievitch ii. foreseeing the advantages which would accrue to his subjects, from establishing a more general and regular commerce with these people, determined to enlarge the communication already opened with siberia. [sidenote: second irruption of the russians into siberia in the reign of ivan vassilievitch ii.] accordingly he sent a corps of troops into that country. they followed the same route which had been discovered by the russians in the former expedition, and which was lately frequented by the merchants of solvytshegodskaia. it lay along the banks of the petschora, and from thence crossed the yugorian mountains, which form the north eastern boundary of europe. these troops, however, do not seem to have passed the irtish, or to have penetrated further than the western branch of the river oby. some tartar tribes were indeed laid under contribution; and a chief, whose name was yediger, consented to pay an annual tribute of a thousand sables. but this expedition was not productive of any lasting effects; for soon afterwards yediger was defeated, and taken prisoner by kutchum chan; the latter was a lineal descendant of the celebrated zinghis chan; and had newly established his empire in those parts. [footnote : s. r. g. vi. p. - . fis. sib. ges. p. .] this second inroad was probably made about the middle of the sixteenth century; for the tzar ivan vassilievitch assumed the title of lord of all the siberian lands so early as , before the conquests made by yermac in that kingdom[ ]. but probably the name of siberia was at that time only confined to the district then rendered tributary; and as the russians extended their conquests, this appellation was afterwards applied to the whole tract of country which now bears that name. [footnote : s. r. g. vi. p. .] for some time after the above-mentioned expedition, the tzar does not appear to have made any attempts towards recovering his lost authority in those distant regions. but his attention was again turned to that quarter by a concurrence of incidents; which, though begun without his immediate interposition, terminated in a vast accession of territory. [sidenote: strogonoff forms settlements upon the kama and tchussovaia.] strogonoff, in recompence for having first opened a trade with the inhabitants of siberia, obtained from the tzar large grants of land; accordingly he founded colonies upon the banks of the rivers kama and tchussovaia; and these settlements gave rise to the entire subjection of siberia by the refuge which they not long afterwards afforded to yermac timofeeff. this person was nothing more than a fugitive cossac of the don, and chief of a troop of banditti who infested the shores of the caspian sea. but as he was the instrument by which such a vast extent of dominion was added to the russian empire, it will not be uninteresting to develop the principal circumstances, which brought this cossac from the shores of the caspian to the banks of the kama; and to trace the progress which he afterwards made in the distant regions of siberia. by the victories which the tzar ivan vassilievitch had gained over the tatars of casan and astracan, that monarch extended his dominions as far as the caspian sea; and thereby established a commerce with the persians and bucharians. [sidenote: yermac is driven from the shores of the caspian sea. a. d. .] but as the merchants who traded to those parts were continually pillaged by the cossacs of the don; and as the roads which lay by the side of that river, and of the volga, were infested with those banditti; the tzar sent a considerable force against them. accordingly, they were attacked and routed; part were slain, part made prisoners, and the rest escaped by flight. among the latter was a corps of six thousand cossacs, under the command of the above-mentioned yermac timofeeff[ ]. [footnote : s. r. g. vi. p. . fis. sib. ges. i. p. .] [sidenote: he retires to orel, one of the russian settlements.] that celebrated adventurer, being driven from his usual haunts, retired, with his followers, into the interior part of the province of casan. from thence he directed his course along the banks of the kama, until he came to orel[ ]. that place was one of the russian settlements recently planted, and was governed by maxim grandson of anika strogonoff. yermac, instead of storming the place, and pillaging the inhabitants, acted with a degree of moderation unusual in a chief of banditti. being hospitably received by strogonoff, and supplied with every thing that was necessary for the subsistence of his troops, he fixed his winter quarters at that settlement. [sidenote: determines to invade siberia.] his restless genius however did not suffer him to continue for any length of time in a state of inactivity; and from the intelligence he procured concerning the situation of the neighbouring tartars of siberia, he turned his arms toward that quarter. [footnote : s. r. g. vi. p. .] [sidenote: state of siberia.] siberia was at that time partly divided among a number of separate princes; and partly inhabited by the various tribes of independent tartars. of the former kutchum chan was the most powerful sovereign. his dominions consisted of that tract of country which now forms the south western part of the province of tobolsk; and stretched from the banks of the irtish and oby to those of the tobol and tura. his principal residence was at sibir[ ], a small fortress upon the river irish, not far from the present town of tobolsk; and of which some ruins are still to be seen. although his power was very considerable, yet there were some circumstances which seemed to ensure success to an enterprizing invader. he had newly acquired a large part of his territories by conquest; and had, in a great measure, alienated the affections of his idolatrous subjects by the intolerant zeal, with which he introduced and disseminated the mahometan religion[ ]. [footnote : several authors have supposed the name of siberia to derive its origin from this fortress, soon after it was first taken by the russians under yermac. but this opinion is advanced without sufficient foundation; for the name of sibir was unknown to the tartars, that fort being by them called isker. besides, the southern part of the province of tobolsk, to which the name of siberia was originally applied, was thus denominated by the russians before the invasion of yermac. this denomination probably first came from the permians and sirjanians, who brought the first accounts of siberia to the russians. s. r. g. vi. p. .] [footnote : s. r. g. vi. p. .] strogonoff did not fail of displaying to yermac this inviting posture of affairs, as well with a view of removing him from his present station, as because he himself was personally exasperated against kutchum chan: for the latter had secretly instigated a large body of tartars to invade the russian settlements upon the river tchussovaia; and had afterwards commenced open hostilities against them with a body of forces under the command of his cousin mehemet kul. and although both these attempts had failed of success, yet the troops engaged in them had left behind traces of havock and devastation too lasting to be easily effaced[ ]. [footnote : fis. sib. ges. i. p. .] [sidenote: marches towards siberia.] all these various considerations were not lost upon yermac: having therefore employed the winter in preparations for his intended expedition, he began his march in the summer of the following year, , along the banks of the tchussovaia. the want of proper guides, and a neglect of other necessary precautions, greatly retarded his march, and he was overtaken by the winter before he had made any considerable progress. [sidenote: returns to orel.] and at the appearance of spring he found his stock of provisions so nearly exhausted, that he was reduced to the necessity of returning to orel. but this failure of success by no means extinguished his ardour for the prosecution of the enterprize; it only served to make him still more solicitous in guarding against the possibility of a future miscarriage. by threats he extorted from strogonoff every assistance which the nature of the expedition seemed to require. besides a sufficient quantity of provisions, all his followers, who were before unprovided with fire-arms, were supplied with muskets and ammunition; and, in order to give the appearance of a regular army to his troops, colours were distributed to each company, which were ornamented with the images of saints, after the manner of the russians. having thus made all previous arrangements, he thought himself in a condition to force his way into siberia. [sidenote: his second expedition.] accordingly, in the month of june, , he set out upon this second expedition. his followers amounted to five thousand men; adventurers inured to hardships, and regardless of danger: they placed implicit confidence in their leader, and seemed to be all animated with one and the same spirit. [sidenote: arrives upon the banks of the tura.] he continued his route partly by land, and partly by water: the navigation however of the rivers was so tedious, and the roads so rugged and difficult, that eighteen months elapsed before he reached tchingi, a small town upon the banks of the tura[ ]. [footnote : s.r.g. vi. p. - - .] here he mustered his troops, and found his army considerably reduced: part had been exhausted by fatigue, part carried off by sickness, and part cut off in skirmishes with the tartars. the whole remaining number amounted to about fifteen hundred effective men; and yet with this handful of troops yermac did not hesitate a moment in advancing against kutchum chan. that prince was already in a posture of defence; and resolved to guard his crown to the last extremity. having collected his forces, he dispatched several flying parties against yermac, himself remaining behind with the slower of his troops: but all these detachments were driven back with considerable loss; and worried in many successive skirmishes. yermac continued his march without intermission, bearing down all resistance until he reached the center of his adversary's dominions. these successes however were dearly bought; for his army was now reduced to five hundred men. kutchum chan was encamped[ ] at no great distance upon the banks of the irtish, with a very superior force, and determined to give him battle. yermac, who was not to be daunted by the inequality of numbers, prepared for the engagement with a confidence which never forsook him; his troops were equally impatient for action, and knew no medium between conquest and death. the event of the combat corresponded with this magnanimity. [sidenote: defeats ketchum chan. .] after an obstinate and well fought battle, victory declared in favour of yermac: the tartars were entirely routed, and the carnage was so general, that kutchum chan himself escaped with difficulty. [footnote : the place where the tartar army lay encamped was called tschuvatch: it is a neck of land washed by the irtish, near the spot where the tobob falls into that river. fis. sib. ges. i. p. .] this defeat proved decisive: kutchum chan was deserted by his subjects; and yermac, who knew how to improve as well as gain a victory, marched without delay to sibir, the residence of the tartar princes. he was well aware, that the only method to secure his conquest was to get possession of that important fortress. he expected therefore to have found in that place a considerable garrison, determined to sacrifice their lives in its defence. but the news of the late defeat had diffused universal consternation, and sibir was entirely deserted. [sidenote: seats himself upon the throne.] a body of troops whom he sent before him, to reduce the fortress, found it quite deserted: he himself soon after made his triumphant entry, and seated himself upon the throne without the least opposition. here he fixed his residence, and received the allegiance of the neighbouring people, who poured in from all quarters upon the news of this unexpected revolution. the tartars were so struck with his gallant intrepidity and brilliant exploits, that they submitted to his authority without hesitation, and acquiesced in the payment of the usual tribute. thus this enterprising cossac was suddenly exalted from the station of a chief of banditti to the rank of a sovereign prince. it does not appear from history whether it were at first his design to conquer siberia, or solely to amass a considerable booty. the latter indeed seems the more probable conjecture. the rapid tide of success with which he was carried on, and the entire defeat of kutchum chan, afterwards expanded his views, and opened a larger scene to his ambition. but whatever were his original projects, he seems worthy, so far as intrepidity and prudence form a basis of merit, of the final success which flowed in upon him. for he was neither elated with unexpected prosperity, nor dazzled with the sudden glare of royalty: on the contrary, the dignity of his deportment was as consistent and unaffected, as if he had been born a sovereign. and now yermac and his followers seemed to enjoy those rewards which they had dearly purchased by a course of unremitted fatigue, and by victories which almost exceeded belief. not only the tribes in the neigbourhood of sibir wore the appearance of the most unreserved submission; but even princes continued flocking in from distant parts, to acknowledge themselves tributary, and to claim his protection. [sidenote: precarious situation of yermac.] however, this calm was of short duration. insurrections were concerted by kutchum chan; who, though driven from his dominions, yet still retained no small degree of influence over his former subjects. yermac saw and felt the precariousness of his present grandeur; the inconsiderable number of his followers who had survived the conquest of sibir, had been still further diminished by an ambuscade of the enemy; and as he could not depend on the affection of his new subjects, he found himself under the necessity either of calling in foreign assistance, or of relinquishing his dominion. under these circumstances he had recourse to the tzar of muscovy; and made a tender of his new acquisitions to that monarch, upon condition of receiving immediate and effectual support. the judicious manner in which he conducted this measure, shews him no less able in the arts of negotiation than of war. one of his most confidential followers was dispatched to moscow at the head of fifty cossacs. [sidenote: cedes his conquests to the tzar of muscovy.] he had orders to represent to the court the progress which the russian troops, under the command of yermac, had made in siberia: he was artfully to add, that an extensive empire was conquered in the name of the tzar; that the natives were reduced to swear allegiance to that monarch, and consented to pay an annual tribute. this representation was accompanied with a present of the choicest and most valuable furs[ ]. [sidenote: .] the embassador was received at moscow with the strongest marks of satisfaction: a public thanksgiving was celebrated in the cathedral; the tzar acknowledged and extolled the good services of yermac; he granted him a pardon for all former offences; and, as a testimony of his favour, distributed presents for him and his followers. amongst those which were sent to yermac was a fur robe, which the tzar himself had worn, and which was the greatest mark of distinction that could be conferred upon a subject. to these was added a sum of money, and a promise of speedy and effectual assistance. [footnote : s.r.g. vi. p. .] meanwhile yermac, notwithstanding the inferior number of his troops, did not remain inactive within the fortress of sibir. he defeated all attempts of kutchum chan to recover his crown; and took his principal general prisoner. he made occasional inroads into the adjacent provinces, and extended his conquests up to the source of the river taffda on one side, and on the other as far as the district which lies upon the river oby above its junction with the irtish. [sidenote: receives a reinforcement of russian troops.] at length the promised succours arrived at sibir. they consisted of five hundred russians, under the command of prince bolkosky, who was appointed wayvode or governor of siberia. strengthened by this reinforcement, yermac continued his excursions on all sides with his usual activity; and gained several bloody victories over different princes, who were imprudent enough to assert their independence. in one of these expeditions he laid siege to kullara, a small fortress upon the banks of the irtish, which still belonged to kutchum chan: but he found it so bravely defended by that monarch, that all his efforts to carry it by storm proved ineffectual. upon his return to sibir he was followed at some distance by that prince, who hung unperceived upon his rear; and was prepared to seize any fortunate moment of attack which might occur; nor was it long before a favourable opportunity presented itself. the russians to the number of about three hundred lay negligently posted in a small island, formed by two branches of the irtish. the night was obscure and rainy; and the troops, who were fatigued with a long march, reposed themselves without suspicion of danger. [sidenote: surprised by kutchum chan.] kutchum chan, apprised of their situation, silently advanced at midnight with a select body of troops; and having forded the river, came with such rapidity upon the russians, as to preclude the use of their arms. in the darkness and confusion of the night, the latter were cut to pieces almost without opposition; and fell a resistless prey to those adversaries, whom they had been accustomed to conquer and despise. the massacre was so universal, that only one man is recorded to have escaped, and to have brought the news of this catastrophe to his countrymen at sibir. [sidenote: death of yermac.] yermac himself perished in the rout, though he did not fall by the sword of the enemy. in all the hurry of surprise, he was not so much infected with the general panic, as to forget his usual intrepidity, which seemed to be encreased rather than abated by the danger of his present situation. after many desperate acts of heroism, he cut his way through the troops who surrounded him, and made to the banks of the irtish[ ]. being closely pursued by a detachment of the enemy, he endeavoured to throw himself into a boat which lay near the shore; but stepping short, he fell into the water, and being incumbered with the weight of his armour, sunk instantly to the bottom[ ]. [footnote : many difficulties have arisen concerning the branch of the irtish in which yermac was drowned; but it is now sufficiently ascertained that it was a canal, which some time before this catastrophe had been cut by order of that cossac: not far from the spot, where the vagai falls into the irtish, the latter river forms a bend of six versts; by cutting a canal in a streight line from the two extreme points of this sweep, he shortened the length of the navigation. s. r. g. p. - .] [footnote : cyprian was appointed the first archbishop of siberia, in . upon his arrival at tobolsk, he enquired for several of the antient followers of yermac who were still alive; and from them he made himself acquainted with the principal circumstances attending the expedition of that cossac, and the conquest of siberia. those circumstances he transmitted to writing; and these papers are the archives of the siberian history; from which the several historians of that country have drawn their relations. sava yefimoff, who was himself one of yermac's followers, is one of the most accurate historians of those times. he carries down his history to the year . fis. sib. ges. i. p. .] his body was not long afterwards taken out of the irtish, and exposed, by order of kutchum chan, to all the insults which revenge ever suggested to barbarians in the frenzy of success. but these first transports of resentment had no sooner subsided, than the tartars testified the most pointed indignation at the ungenerous ferocity of their leader. the prowess of yermac, his consummate valour and magnanimity, virtues which barbarians know how to prize, rose upon their recollection. they made a sudden transition from one extreme to the other: they reproached their leader for ordering, themselves for being the instruments of indignity to such venerable remains. at length their heated imaginations proceeded even to consecrate his memory: they interred his body with all the rites of pagan superstition; and offered up sacrifices to his manes. [sidenote: veneration paid to his memory.] many miraculous stories were soon spread abroad, and met with implicit belief. the touch of his body was supposed to have been an instantaneous cure for all disorders; and even his clothes and arms were said to be endowed with the same efficacy. a flame of fire was represented as sometimes hovering about his tomb, and sometimes as stretching in one luminous body from the same spot towards the heavens. a presiding influence over the affairs of the chace and of war was attributed to his departed spirit; and numbers resorted to his tomb to invoke his tutelary aid in concerns so interesting to uncivilised nations. these idle fables, though they evince the superstitious credulity of the tartars, convey at the same time the strongest testimony of their veneration for the memory of yermac; and this veneration greatly contributed to the subsequent progress of the russians in those regions[ ]. [footnote : even so late as the middle of the next century, this veneration for the memory of yermac had not subsided. allai, a powerful prince of the calmucs, is said to have been cured of a dangerous disorder, by mixing some earth taken from yermac's tomb in water, and drinking the infusion. that prince is also reported to have carried with him a small portion of the same earth, whenever he engaged in any important enterprize. this earth he superstitiously considered as a kind of charm; and was persuaded that he always secured a prosperous issue to his affairs by this precaution. s.r.g. v. vi. p. .] with yermac expired for a time the russian empire in siberia. [sidenote: the russians quit siberia.] the news of his defeat and death no sooner reached the garrison of sibir, than an hundred and fifty troops, the sad remains of that formidable army which had gained such a series of almost incredible victories, retired from the fortress, and evacuated siberia. notwithstanding this disaster, the court of moscow did not abandon its design upon that country; which a variety of favourable circumstances still concurred to render a flattering object of russian ambition. yermac's sagacity had discovered new and commodious routes for the march of troops across those inhospitable regions. the rapidity with which he had overrun the territories of kutchum chan, taught the russians to consider the tartars as an easy prey. many of the tribes who had been rendered tributary by yermac, had testified a cheerful acquiescence under the sovereignty of the tzar; and were inclined to renew their allegiance upon the first opportunity. others looked upon all resistance as unavailing, and had learned, from dear-bought experience, to tremble at the very name of a russian. the natural strength of the country, proved not to be irresistible when united, was considerably weakened by its intestine commotions. upon the retreat of the garrison of sibir, that fortress, together with the adjacent district, was seized by seyidyak, son of the former sovereign, whom kutchum chan had dethroned and put to death. other princes availed themselves of the general confusion to assert independency; and kutchum chan was able to regain only a small portion of those dominions, of which he had been stripped by yermac. [sidenote: the russians re-enter siberia.] influenced by these motives, the court of moscow sent a body of three hundred troops into siberia, who penetrated to the banks of the tura as far as tschingi almost without opposition. there they built the fort of tumen, and re-established their authority over the neighbouring district. being soon afterwards reinforced by an additional number of troops, they were enabled to extend their operations, and to erect the fortresses of tobolsk, sungur, and tara. [sidenote: re-conquer their antient territories.] the erection of these and other fortresses was soon attended with a speedy recovery of the whole territory, which yermac had reduced under the russian yoke. this success was only the fore-runner of still greater acquisitions. [sidenote: all siberia conquered and colonized.] the russians pushed their conquest far and wide: wherever they appeared, the tartars were either reduced or exterminated. new towns were built and colonies were planted on all sides. before a century had well elapsed, all that vast tract of country now called siberia, which stretches from the confines of europe to the eastern ocean, and from the frozen sea to the present frontiers of china, was annexed to the russian dominions. [sidenote: progress of the russians checked by the chinese.] a still larger extent of territory had probably been won; and all the various tribes of independent tartary which lie between the south-eastern extremity of the russian empire, and the chinese wall, would have followed the fate of the siberian hordes, if the power of china had not suddenly interposed. chap. ii. commencement of hostilities between the _russians_ and _chinese_--disputes concerning the limits of the two empires--treaty of nershinsk--embassies from the court of _russia_ to _pekin_--treaty of _kiachta_--establishment of the commerce between the two nations. towards the middle of the seventeenth century, the russians were rapidly extending themselves eastward through that important territory, which lies, on each side of the river[ ] amoor. they soon reduced several independent tungusian hordes; and built a chain of small fortresses along the banks of the above-mentioned river, of which the principal were albasin, and kamarskoi ostrog. not long afterwards, the chinese under[ ] camhi conceived a similar design of subduing the same hordes. [sidenote: rise of animosities between the russians and chinese.] accordingly the two great powers of russia and china, thus pointing their views to the same object, unavoidably clashed; and, after several jealousies and intrigues, broke out into open hostilities about the year . the chinese laid siege to kamarskoi ostrog, and though repulsed in this attempt, found means to cut off several straggling parties of russians. these animosities induced the tzar alexèy michaelovitch to send an embassy to pekin; but this measure did not produce the desired effect. [sidenote: albasin destroyed by the chinese.] the chinese attacked albasin with a considerable force: having compelled the russian garrison to capitulate, they demolished that and all the russian forts upon the amoor; and returned, with a large number of prisoners, to their own country. [footnote : amoor is the name given by the russians to this river; it is called sakalin-ula by the manshurs, and was formerly denominated karamuran, or the black river, by the mongols. s.r.g. ii. p. .] [footnote : camhi was the second emperor of the manshur race, who made themselves masters of china in . the manshurs were originally an obscure tribe of the tungusian tartars, whose territories lay south of the amoor, and bordered upon the kingdom of corea, and the province of leaotong. they began to emerge from obscurity at the beginning of the seventeenth century. about that time their chief aischin-giord reduced several neighbouring hordes; and, having incorporated them with his own tribe, under the general name of manshur, he became formidable even to the chinese. shuntschi, grandson of this chief, by an extraordinary concurrence of circumstances, was raised while an infant to the throne of china, of which his successors still continue in possession. shuntschi died in , and was succeeded by camhi, who is well known from the accounts of the jesuit missionaries. for an account of the revolution of china, see duhalde, descr. de la chine, bell's journey to pekin, and fis. sic. ges. tom. i. p. .] [sidenote: albasin rebuilt by the russians, is besieged by the chinese.] not long after their departure, a body of sixteen hundred russians advanced along the amoor; and constructed a new fort, under the old name of albasin. the chinese were no sooner apprised of their return, than they marched instantly towards that river, and sat down before albasin with an army of seven thousand men, and a large train of artillery. they battered the new fortress for several weeks, without being able to make a breach, and without attempting to take it by storm. the besieged, though not much annoyed by the unskilful operations of the enemy, were exhausted with the complicated miseries of sickness and famine; and notwithstanding they continued to make a gallant resistance, they must soon have sunk under their distresses, if the chinese had not voluntarily retired, in consequence of a treaty being set afoot between the two courts of moscow and pekin. for this purpose the russian embassador golowin had left moscow so early as the year , accompanied by a large body of troops, in order to secure his person, and enforce respect to his embassy. the difficulty of procuring subsistence for any considerable number of men in those desolate regions, joined to the ruggedness of the roads, and the length of the march, prevented his arrival at selengisk until the year . from thence messengers were immediately dispatched with overtures of peace to the chinese government at pekin. after several delays, occasioned partly by policy, and partly by the posture of affairs in the tartar country through which the chinese were to pass, embassadors left pekin in the beginning of june . golovin had proposed receiving them at albasin; but while he was proceeding to that fortress, the chinese embassadors presented themselves at the gates of nershinsk, escorted by such a numerous army, and such a formidable train of artillery, that golovin was constrained, from motives of fear, to conclude the negotiation almost upon their own terms. the conferences were held under tents, in an open plain, near the town of nershinsk; where the treaty was signed and sealed by the plenipotentaries of the two courts. when it was proposed to ratify it by oath, the chinese embassadors offered to swear upon a crucifix; but golovin preferred their taking an oath in the name of their own gods. [sidenote: treaty of nershinsk.] this treaty first checked the progress of the russian arms in those parts; and laid the foundations of an important and regular commerce between the two nations. by the first and second articles, the south-eastern boundaries of the russian empire were formed by a ridge of mountains, stretching north of the amoor from the sea of ochotsk to the source of the small river gorbitza[ ], then by that river to its influx into the amoor, and lastly by the argoon, from its junction with the shilka up to its source. [footnote : there are two gorbitzas; the first falls into the amoor, near the conflux of the argoon and shilka; the second falls into the shilka. the former was meant by the russians; but the chinese fixed upon the latter for the boundary, and have carried their point. accordingly the present limits are somewhat different from those mentioned in the text. they are carried from the point, where the shilka and argoon unite to form the amoor, westward along the shilka, until they reach the mouth of tha western gorbitza; from thence they are continued to the source of the last-mentioned river, and along the chain of mountains as before. by this alteration the russian limits are somewhat abridged.] by the fifth article reciprocal liberty of trade was granted to all the subjects of the two empires, who were provided with pass-ports from their respective courts[ ]. [footnote : s.r.g. ii. p. .] this treaty was signed on the th of august, in the year , under the reign of ivan and peter alexiewitch, by which the russians lost, exclusively of a large territory, the navigation of the river amoor. the importance of this loss was not at that time understood; and has only been felt since the discovery of kamtchatka, and of the islands between asia and america. the products of these new-discovered countries might, by means of the amoor, have been conveyed by water into the district of nershinsk, from whence there is an easy transport by land to kiachta: whereas the same merchandise, after being landed at ochotsk, is now carried over a large tract of country, partly upon rivers of difficult navigation, and partly along rugged and almost impassable roads. [sidenote: rise of the commerce with china.] in return, the russians obtained what they long and repeatedly aimed at, a regular and permanent trade with the chinese. the first intercourse between russia and china commenced in the beginning of the seventeenth century[ ]. at that period a small quantity of chinese merchandise was procured, by the merchants of tomsk and other adjacent towns, from the calmucs. the rapid and profitable sale of these commodities encouraged certain wayvodes of siberia to attempt a direct and open communication with china. for this purpose several deputations were sent at different times to pekin from tobolsk, tomsk, and other russian settlements: these deputations, although they failed of obtaining the grant of a regular commerce, were nevertheless attended with some important consequences. the general good reception, which the agents met with, tempted the russian merchants to send occasional traders to pekin. by these means a faint connection with that metropolis was kept alive: the chinese learned the advantages of the russian trade, and were gradually prepared for its subsequent establishment. this commerce, carried on by intervals, was entirely suspended by the hostilities upon the river amoor. but no sooner was the treaty of nershinsk signed, than the russians engaged with extraordinary alacrity in this favourite branch of traffic. the advantages of this trade were soon found to be so considerable, that peter i. conceived an idea of still farther enlarging it. [sidenote: caravans allowed to trade to pekin.] accordingly, in , he sent isbrand ives, a dutchman in his service, to pekin, who requested and obtained, that the liberty of trading to china, which by the late treaty was granted to individuals, should be extended to caravans. [footnote : s.r.g. viii. p. , & seq.] in consequence of this arrangement, successive caravans went from russia to pekin, where a caravansary was allotted for their reception; and all their expences during their continuance in that metropolis defrayed by the emperor of china. the right of sending these caravans, and the profits resulting from them, belonged to the crown of russia. in the mean time, private merchants continued as before to carry on a separate trade with the chinese, not only at pekin, but also at the head quarters of the mongols. the camp of these roving tartars was generally to be found near the conflux of the orchon and tola, between the southern frontiers of siberia and the mongol desert. a kind of annual fair was held at this spot by the russian and chinese merchants; where they brought their respective goods for sale; and continued until they were disposed of. this rendezvous soon became a scene of riot and confusion; and repeated complaints were transmitted to the chinese emperor of the drunkenness and misconduct of the russians. these complaints made a still greater impression from a coincidence of similar excesses, for which the russians at pekin had become notorious. exasperated by the frequent representations of his subjects, camhi threatened to expell the russians from his dominions, and to prohibit them from carrying on any commerce, as well in china as in the country of the mongols. [sidenote: embassy of ismailoff to pekin.] these untoward circumstances occasioned another embassy to pekin, in the year . leff vassilievitch ismailoff, a captain of the russian guards, who was sent embassador upon this occasion, succeeded in the negotiation, and adjusted every difficulty to the satisfaction of both parties. at his departure he was permitted to leave behind laurence lange, who had accompanied him to pekin, in the character of agent for the caravans; for the purpose of superintending the conduct of the russians. [sidenote: russians expelled from pekin.] his residence however in that metropolis was but short; for he was soon afterwards compelled, by the chinese, to return. his dismission was owing, partly, to a sudden caprice of that suspicious people, and partly to a misunderstanding, which had recently broke out between the two courts, in relation to some mongol tribes who bordered upon siberia. a small number of these mongols had put themselves under the protection of russia, and were immediately demanded by the chinese; but the russians refused compliance, under pretence that no article in the treaty of nershinsk could, with any appearance of probability, be construed as extending to the mongols. the chinese were incensed at this refusal; and their resentment was still further inflamed by the disorderly conduct of the russian traders, who, freed from all controul by the departure of their agent, had indulged, without restraint, their usual propensity to excess. this concurrence of unlucky incidents extorted, in , an order from camhi for the total expulsion of the russians from the chinese and mongol territories. these orders were regorously executed; and all intercourse between the two nations immediately ceased. [sidenote: embassy of ragusinski.] affairs continued in this state until the year , when the count sava vladislavitch ragusinski, a dalmatian in the service of russia, was dispatched to pekin. his orders were at all events to compose the differences between the two courts relating to the mongol tribes; to settle the southern frontiers of the russian empire in that quarter; and to obtain the permission of renewing the trade with china. accordingly that embassador presented a new plan for a treaty of limits and commerce to yundschin, son and successor of camhi; by which the frontiers of the two empires were finally traced as they exist at present, and the commerce established upon a permanent basis, calculated to prevent as far as possible all future sources of misunderstanding. this plan being approved by the emperor, chinese commissioners were immediately appointed to negotiate with the russian embassador upon the banks of the bura, a small river which flows, south of the confines of siberia, into the orchon near its junction with the selenga. [sidenote: treaty of kiatchta.] at this conference, the old limits, which are mentioned in the treaty of nershinsk, were continued from the source of the argoon westwards as far as the mountain sabyntaban, which is situated at a small distance from the spot where the conflux of the two rivers uleken and kemtzak form the yenisèi: this boundary separates the russian dominions from the territory of the mongols, who are under the protection of china. it was likewise stipulated, that for the future all negotiations should be transacted between the tribunal of foreign affairs at pekin, and the board of foreign affairs at st. petersburg; or in matters of inferior moment between the commanders of the frontiers[ ]. [footnote : this article was inserted, because the chinese emperor, from a ridiculous idea of superiority, had contemptuously refused to hold any correspondence with the court of russia.] the most important articles relating to commerce, were as follow: [sidenote: account of the treaty relative to commerce.] a caravan was allowed to go to pekin every three years, on condition of its not consisting of more than two hundred persons; during their residence in that metropolis, their expences were no longer to be defrayed by the emperor of china. notice was to be sent to the chinese court immediately upon their arrival at the frontiers; where an officer was to meet and accompany them to pekin. the privilege before enjoyed by individuals of carrying on a promiscuous traffic in the chinese and mongol territories was taken away, and no merchandize belonging to private persons was permitted to be brought for sale beyond the frontiers. for the purpose of preserving, consistently with this regulation, the privilege of commerce to individuals, two places of resort were appointed on the confines of siberia: one called kiatchta, from a rivulet of that name near which it stands; and the other zuruchaitu: at these places a free trade was reciprocally indulged to the subjects of the two nations. a permission was at the same time obtained for building a russian church within the precincts of their caravansary; and for the celebration of divine service, four priests were allowed to reside at pekin[ ]. the same favour was also extended to some russian scholars[ ], for the purpose of learning the chinese tongue; in order to qualify themselves for interpreters between the two nations. [footnote : the first russian church at pekin was built for the accommodation of the russians taken prisoners at albasin. these persons were carried to pekin, and the place appointed for their habitation in that city was called the russian street, a name it still retains. they were so well received by the chinese, that, upon the conclusion of the treaty of nershinsk, they refused to return to their native country. and as they intermarried with the chinese women, their descendants are quite naturalized; and have for the most part adopted not only the language, but even the religion of the chinese. hence, the above-mentioned church, though it still exists, is no longer applied to the purpose of divine worship: its priest was transferred to the church, which was built within the walls of the caravansary.] [footnote : the good effects of this institution have already been perceived. a russian, whose name is leontieff, after having resided ten years at pekin, is returned to petersburg. he has given several translations and extracts of some interesting chinese publications, viz. part of the history of china; the code of the chinese laws; account of the towns and revenues, &c. of the chinese empire, extracted from a treatise of geography, lately printed at pekin. a short account of this extract is given in the journal of st. petersburg for april, .] this treaty, called the treaty of kiachta, was, on the fourteenth of june, , concluded and ratified by the count ragusinski and three chinese plenipotentaries upon the spot, where kiachta was afterwards built: it is the basis of all transactions since carried on between russia and china[ ]. [footnote : s.r.g. viii. p. .] one innovation in the mode of carrying on the trade to china, which has been introduced since the accession of the present empress catherine ii. deserves to be mentioned in this place. [sidenote: caravans discontinued.] since the year no caravans have been sent to pekin. their first discontinuance was owing to a misunderstanding between the two courts of petersburg and pekin in . their disuse after the reconciliation had taken place, arose from the following circumstances. the exportation and importation of many principal commodities, particularly the most valuable furs, were formerly prohibited to individuals, and solely appropriated to caravans belonging to the crown. by these restrictions the russian trade to china was greatly shackled and circumscribed. [sidenote: monopoly of the fur trade abolished.] the present empress (who, amidst many excellent regulations which characterise her reign, has shewn herself invariably attentive to the improvement of the russian commerce) abolished, in , the monopoly of the fur trade, and renounced in favour of her subjects the exclusive privilege which the crown enjoyed of sending caravans to pekin[ ]. by these concessions the profits of the trade have been considerably encreased: the great expence, hazard, and delay, of transporting the merchandise occasionally from the frontiers of siberia to pekin, has been retrenched; and kiachta is now rendered the center of the russian and chinese commerce. [footnote : s.r.g. viii. p. .] [illustration: _view of the chinese frontier town_ maimatschin _with the_ brook kiachta, _taken from the west_.] chap. iii. account of the _russian_ and _chinese_ settlements upon the confines of _siberia_--description of the _russian_ frontier town _kiachta_--of the _chinese_ frontier town _maimatschin_--its buildings, pagodas, &c. by the last mentioned treaty it was stipulated, that the commerce between russia and china should be transacted at the frontiers. [sidenote: russian and chinese settlement upon the brook kiachta.] accordingly two spots were marked out for that purpose upon the confines of siberia, where they border upon the mongol desert; one near the brook kiachta, and the other at zuruchaitu. the description of the former of these places forms the subject of this chapter. this settlement consists of a russian and chinese town, both situated in a romantic valley, surrounded by high, rocky, and for the most part well-wooded, mountains. this valley is intersected by the brook kiachta, which rises in siberia, and, after washing both the russian and chinese town, falls into the bura, at a small distance from the frontiers. [sidenote: situation of the russian frontier town kiachta.] the russian settlement is called kiachta from the abovementioned brook: it lies in degrees minutes longitude from the isle of fero, and degrees n. latitude, at the distance of versts from moscow, and from pekin. [sidenote: the fortress.] it consists of a fortress and a small suburb. the fortress, which is built upon a gentle rise, is a square enclosed with palisadoes, and strengthened with wooden bastions at the several angles. there are three gates, at which guards are constantly stationed: one of the gates faces the north, a second the south towards the chinese frontiers, and a third the east close to the brook kiachta. the principal public buildings in the fortress are a wooden church, the governor's house, the custom house, the magazine for provisions, and the guard-house. it contains also a range of shops and warehouses, barracks for the garrison, and several houses belonging to the crown; the latter are generally inhabited by the principal merchants. these buildings are mostly of wood. [sidenote: suburb.] the suburb, which is surrounded with a wooden wall covered at the top with chevaux de frize, contains no more than an hundred and twenty houses very irregularly built; it has the same number of gates as the fortress, which are also guarded. without this suburb, upon the high road leading to selenginsk, stand a few houses, and the magazine for rhubarb. this settlement is but indifferently provided with water both in quality and quantity; for although the brook kiachta is dammed up as it flows by the fortress, yet it is so shallow in summer, that, unless after heavy rains, it is scarcely sufficient to supply the inhabitants. its stream is troubled and unwholesome, and the springs which rise in the neighbourhood are either foul or brackish: from these circumstances, the principal inhabitants are obliged to send for water from a spring in the chinese district. the soil of the adjacent country is mostly sand or rock, and extremely barren. if the frontiers of russia were extended about nine versts more south to the rivulet of bura; the inhabitants of kiachta would then enjoy good water, a fruitful soil, and plenty of fish, all which advantages are at present confined to the chinese. the garrison of kiachta consists of a company of regular soldiers, and a certain number of cossacs; the former are occasionally changed, but the latter are fixed inhabitants of the place. it is the province of the commander to inspect the frontiers, and, in conjunction with the president of the chinese merchants, to settle all affairs of an inferior nature; but in matters of importance recourse must be had to the chancery of selenginsk, and to the governor of irkutsk. the russian merchants, and the agents of the russian trading company, are the principal inhabitants of kiachta. the limits westwards from this settlement to the river selenga, and eastwards as far as tchikoi, are bounded with chevaux de frize, placed there to prevent a contraband trade in cattle, for the exportation of which a considerable duty is paid to the crown. all the outposts along the frontiers westwards as far as the government of tobolsk, and eastwards to the mountains of snow, are under the command of the governor of kiachta. the most elevated of the mountains that surround the valley of kiachta, and which is called by the mongols burgultei, commands the russian as well as the chinese town; for this reason, the chinese, at the conclusion of the last frontier treaty, demanded the cession of this mountain under the pretext, that some of their deified ancestors were buried upon its summit. the russians gave way to their request, and suffered the boundary to be brought back to the north side of the mountain. [sidenote: maimatschin, the chinese frontier-town.] the chinese town is called, by the chinese and mongols, maimatschin, which signifies fortress of commerce. the russians term it the chinese village (kitaiskaia sloboda) and also naimatschin, which is a corruption of maimatschin. it is situated about an hundred and forty yards south of the fortress of kiachta, and nearly parallel to it. midway between this place and the russian fortress, two posts about ten feet high are planted in order to mark the frontiers of the two empires: one is inscribed with russian, the other with manshur characters[ ]. [footnote : upon the mountain to the west of kiachta, the limit is again marked, on the russian side by an heap of stones and earth, ornamented on the top with a cross; and on the chinese by a pile of stones in the shape of a pyramid. pallas reise, p. iii. p. .] mainatschin has no other fortification than a wooden wall, and a small ditch of about three feet broad; the latter was dug in the year , during the war between the chinese and the calmucs. the town is of an oblong form: its length is seven hundred yards, and its breadth four hundred. on each of the four sides a large gate faces the principal streets; over each of these gates there is a wooden guard-house for the chinese garrison, which consists of mongols in tattered clothes, and armed with clubs. without the gate, which looks to the russian frontiers, and about the distance of eight yards from the entrance, the chinese have raised a wooden screen, so constructed as to intercept all view of the streets from without. this town contains two hundred houses and about twelve hundred inhabitants. it has two principal streets of about eight yards broad, crossing each other in the middle at right angles, with two by-streets running from north to south. they are not paved, but are laid with gravel, and kept remarkably clean. [sidenote: houses.] the houses are spacious, uniformly built of wood, of only one story, not more than fourteen feet high, plaistered and white-washed; they are constructed round a court yard of about seventy feet square, which is strewed with gravel, and has an appearance of neatness. each house consists of a sitting room, some warehouses and a kitchen. in the houses of the wealthier sort the roof is made of plank; but in meaner habitations of lath covered over with turf. towards the streets most of the houses have arcades of wood projecting forwards from the roof like a penthouse, and supported by strong pillars. the windows are large after the european manner, but on account of the dearness of glass and russian talk are generally of paper, excepting a few panes of glass in the sitting room. the sitting room looks seldom towards the streets: it is a kind of shop, where the several patterns of merchandize are placed in recesses, fitted up with shelves, and secured with paper doors for the purpose of keeping out the dust. the windows are generally ornamented with little paintings, and the walls are hung with chinese paper. half the floor is of hard beaten clay; the other half is covered with boards, and rises about two feet in height. here the family sit in the day-time and sleep at night. by the side of this raised part, and nearly upon the same level, there is a square brick stove, with a streight perpendicular cylindrical excavation, which is heated with small pieces of wood. from the bottom of this stove a tube descends, and is carried zigzag under the boarded floor above-mentioned, and from thence to a chimney which opens into the street. by this contrivance, although the stove is always open and the flame visible, yet the room is never troubled in the least degree with smoke. there is scarcely any furniture in the room, excepting one large dining table in the lower part, and two small lackered ones upon the raised floor: one of these tables is always provided with a chaffing dish, which serves to light their pipes when the stove is not heated. in this room there are several small niches covered with silken curtains, before which are placed lamps that are lighted upon festivals; these niches contain painted paper idols, a stone or metal vessel, wherein the ashes of incense are collected, several small ornaments and artificial flowers: the chinese readily allow strangers to draw aside the curtains, and look at the idols. the bucharian[ ] merchants inhabit the south west quarter of maimatschin. their houses are not so large nor commodious as those of the chinese, although the greatest part of them carry on a very considerable commerce. [footnote : "the chief merchandizes which the bucharians bring to russia, are cotton, stuffs, and half-silks, spun and raw cotton, lamb-skins, precious stones, gold-dust, unprepared nitre, sal-ammoniac, &c." see russia, or a complete historical account of all the nations that compose that empire. v. ii. p. , a very curious and interesting work lately published.] [sidenote: the governor of maimatschin.] the surgutschèi, or governor of maimatschin, has the care of the police, as well as the direction of all affairs relating to commerce: he is generally a person of rank, oftentimes a mandarin, who has misbehaved himself in another station, and is sent here as a kind of punishment. he is distinguished from the rest by the crystal button of his cap, and by a peacock's[ ] feather hanging behind. the chinese give him the title of amban, which signifies commander in chief; and no one appears before him without bending the knee, in which posture the person who brings a petition must remain until he receives the governor's answer. his salary is not large; but the presents which he receives from the merchants amount annually to a considerable sum. [footnote : in china the princes of the blood wear three peacock's feathers, nobles of the highest distinction two, and the lower class of the nobility one. it is also a mark of high rank to drive a carriage with four wheels. the governor of maimatschin rode in one with only two wheels. all the chinese wear buttons of different colours in their caps, which also denote the rank. pallas reise, p. iii. p. .] the most remarkable public buildings in maimatschin, are the governor's house, the theatre, and two pagodas. [sidenote: house of the governor.] the governor's house is larger than the others, and better furnished; it is distinguished by a chamber where the court of justice is held, and by two high poles before the entrance ornamented with flags. [sidenote: theatre.] the theatre is situated close to the wall of the town near the great pagoda: it is a kind of small shed, neatly painted, open in front, and merely spacious enough to contain the stage; the audience stand in the street. near it are two high poles, upon which large flags with chinese inscriptions are hoisted on festivals. on such occasions the servants belonging to the merchants play short burlesque farces in honour of their idols. [sidenote: the small pagoda.] the smallest of the two pagodas is a wooden building, standing upon pillars, in the centre of the town at the place where the two principal streets cross. it is a chinese tower of two stories, adorned on the outside with small columns, paintings, and little iron bells, &c. the first story is square, the second octangular. [sidenote: the idol tien.] in the lower story is a picture representing the god tien, which signifies, according to the explanation of the most intelligent chinese, the most high god, who rules over the thirty-two heavens. the manshurs, it is said, call this idol abcho; and the mongols, tingheru heaven, or the god of heaven. he is represented sitting with his head uncovered, and encircled with a ray[ ] of glory similar to that which surrounds the head of our saviour in the roman catholic paintings; his hair is long and flowing; he holds in his right hand a drawn sword, and his left is extended as in the act of giving a benediction. on one side of this figure two youths, on the other a maiden and a grey-headed old man, are delineated. [footnote : when mr. pallas obtained permission of the governor to see this temple, the latter assured him that the jesuits of pekin and their converts adored this idol. from whence he ingeniously conjectures, either that the resemblance between this idol, and the representations of our saviour by the roman catholicks, was the occasion of this assertion; or that the jesuits, in order to excite the devotion of the converts, have, out of policy, given to the picture of our saviour a resemblance to the tien of the chinese. pallas reise, p. iii. p. .] the upper story contains the picture of another idol in a black and white checquered cap, with the same figures of three young persons and a little old man. there are no altars in this temple, and no other ornaments excepting these pictures and their frames. it is opened only on festivals, and strangers cannot see it without permission. [sidenote: the great pagoda and its idols.] the great pagoda[ ], situated before the governor's house, and near the principal gate looking to the south, is larger and more magnificent than the former. strangers are allowed to see it at all times, without the least difficulty, provided they are accompanied by one of the priests, who are always to be found in the area of the temple. this area is surrounded with chevaux de frize: the entrance is from the south through two gates with a small building between them. in the inside of this building are two recesses with rails before them, behind which the images of two horses as big as life are coarsly moulded out of clay; they are saddled and bridled, and attended by two human figures dressed like grooms: the horse to the right is of a chesnut colour, the other is dun with a black mane and tail, the former is in the attitude of springing, the latter of walking. near each horse a banner of yellow silk, painted with silver dragons, is displayed. [footnote : the great pagoda is omitted in the engraving of maimatschin prefixed to this chapter; this omission was owing to the artist's being obliged to leave kiachta before he had time to finish the drawing. in every other respect, the view, as i was informed by a gentleman who has been on the spot, is complete, and represented with the greatest exactness.] in the middle of this area are two wooden turrets surrounded with galleries; a large bell of cart iron which is struck occasionally with a large wooden mallet, hangs in the eastern turret; the other contains two kettle drums of an enormous size, similar to those made use of in the religious ceremonies of the calmucs. on each side of this area are ranges of buildings inhabited by the priest of the temple. this area communicates by means of an handsome gateway with the inner court, which is bordered on each side by small compartments open in front, with rails before them; in the inside of these compartments the legendary stories of the idols are exhibited in a series of historical paintings. at the farther extremity of this court stands a large building, constructed in the same style of architecture as the temple. the inside is sixty feet long and thirty broad: it is stored with antient weapons, and instruments of war of a prodigious size; such as spears, scythes, and long pikes, with broad blades, shields, coats of arms, and military ensigns representing hands[ ], dragons heads, and other carved figures. all these warlike instruments are richly gilded, and ranged in order upon scaffolds along the wall. opposite the entrance a large yellow standard, embroidered with foliage and silver dragons, is erected; under it, upon a kind of altar, there is a series of little oblong tables, bearing chinese inscriptions. [footnote : these hands resemble the manipulary standards of the romans.] an open gallery, adorned on both sides with flower-pots, leads from the back door of the armoury to the colonade of the temple. in this colonade two slate tablets are placed, in wooden frames, about six feet high and two broad, with long inscriptions relating to the building of the temple. before one of these plates a small idol of an hideous form stands upon the ground, enclosed in a wooden case. the temple itself is an elegant chinese building, richly decorated on the outside with columns lackered, and gilded carved-work, small bells, and other ornaments peculiar to the chinese architecture. within there is a rich profusion of gilding, which corresponds with the gaudiness of the exterior. the walls are covered thick with paintings, exhibiting the most celebrated exploits of the principal idol. this temple contains five idols of a colossal stature, sitting cross-legged upon pedestals in three recesses, which fill the whole northern side. [sidenote: ghessur chan, the principal idol.] the principal idol is seated alone, in the middle recess, between two columns, entwined with gilded dragons. large streamers of silk, hanging from the roof of the temple, veil in some measure the upper part of the image. his name is ghedsur, or ghessur chan[ ]; the chinese call him loo-ye, or the first and most antient; and the manshurs, guanlöe, or the superior god. he is of a gigantic size, surpassing more than fourfold the human stature, with a face glistening like burnished gold, black hair and beard. he wears a crown upon his head, and is richly dressed in the chinese fashion: his garments are not moulded out of clay, as those of the other idols; but are made of the finest silk. he holds in his hands a kind of tablet, which he seems to read with deep attention. two small female figures, resembling girls of about fourteen years of age, stand on each side of the idol, upon the same pedestal; one of which grasps a roll of paper. at the right-hand of the idol lie seven golden arrows, and at his left a bow. [footnote : the mongols and calmucs call him by this name of ghessur chan; and although they do not reckon him among their divinities; yet they consider him as a great hero, the bacchus and hercules of eastern tartary, who was born at the source of the choango, and who vanquished many monsters. they have in their language a very long history of his heroical deeds. his title, in the mongol tongue, is as follows: arban zeeghi essin ghessur bogdo chan: the king of the ten points of the compass, or the monarch ghessur chan. i possess a copy of this manuscript, containing the history of ghessur chan; it is in the original mongol language, and was a present from mr. pallas: i should be very happy to communicate it to any person versed in the eastern languages.] before the idol is a spacious enclosure, surrounded with rails, within which stands an altar with four colossal figures, intended probably to represent the principal mandarins of the deified ghessur. two of these figures are dressed like judges, and hold before them small tablets, similar to that in the hands of the principal idol. the two other figures are accoutred in complete armour: one wears a turban; and carries, upon the left shoulder, a large sword sheathed, with the hilt upwards. the other has an hideous copper-coloured face, a large belly, and grasps in his right hand a lance with a broad blade. although all the remaining idols in the temple are of an enormous size, yet they are greatly surpassed in magnitude by ghessur chan. [sidenote: maooang.] the first idol in the recess to the right is called maooang, or the otschibanni of the mongols. he has three ghastly copper-coloured faces, and six arms; two of his arms brandish two sabres cross ways over the head; a third bears a looking glass, and a fourth a kind of square, which resembles a piece of ivory. the two remaining arms are employed in drawing a bow, with an arrow laid upon it, ready to be discharged. this idol has a mirror upon his breast, and an eye in his navel: near it are placed two small figures; one holds an arrow, and the other a little animal. [sidenote: tsaudsing.] the next idol in the same recess is called by the chinese tsaudsing, or the gold and silver god; and by the mongols tsagan-dsambala. he wears a black cap, and is dressed, after the chinese fashion, in sumptuous robes of state; he bears in his hand a small jewel casket. near him also stand two little figures, one of which holds a truncated branch. [sidenote: chusho.] in the recess to the left is the god chusho, called by the manshurs chua-schan, and by the mongols galdi, or the fire god. he is represented with a frightful fiery reddish face; clad in complete armour he wields a sword half drawn out of the scabbard, and seems on the point of starting up from his seat. he is attended by two little harlbadeers, one of whom is crying; and the other bears a fowl upon his hand, which resembles a sea-pheasant. [sidenote: niu-o.] the other idol in the same recess is the god of oxen, niu-o. he appears to be sitting in a composed posture; he is habited like a mandarin, and is distinguished by a crown upon his head. he has, in common with the other idols, a mirror upon his breast. the chinese imagine him to be the same with the yamandaga of the mongols; and it is said his manshurish name is chain killova; his mongol name, which relates to the history of ghessur, is bars-batir, the hero of tygers. before these several idols there are tables, or altars, on which cakes, pastry, dried fruit, and flesh, are placed, on festivals and prayer days: on particular occasions even whole carcases of sheep are offered up. tapers and lamps are kept burning day and night before the idols. among the utensils of the temple, the most remarkable is a vessel shaped like a quiver, and filled with flat pieces of cleft reed, on which short chinese devices are inscribed. these devices are taken out by the chinese on new-years day, and are considered as oracles, which foretel the good or ill luck of the person, by whom they are drawn, during the following year. there lies also upon a table an hollow wooden black lackered helmet, which all persons of devotion strike with a wooden hammer, whenever they enter the temple. this helmet is regarded with such peculiar awe, that no strangers are permitted to handle it, although they are allowed to touch even the idols themselves. the first day of the new and full moon is appointed for the celebration of worship. upon each of those days no chinese ever fails to make his appearance once in the temple; he enters without taking off his cap[ ], joins his hands before his face, bows five times to each idol, touches with his forehead the pedestal on which the idol sits, and then retires. their principal festivals are held in the first month of their year, which answers to february. it is called by them, as well as by the mongols, the white month; and is considered as a lucky time for the transaction of business; at that time they hoist flags before the temples; and place meat upon the tables of the idols, which the priests take away in the evening, and eat in the small apartments of the interior court. on these solemnities plays are performed in the theatre, in honour of the idols: the pieces are generally satyrical, and mostly written against unjust magistrates and judges. [footnote : they do not take off their caps out of respect; for among the chinese, as well as other eastern nations, it is reckoned a mark of disrespect to uncover the head before a superior.] [sidenote: superstion of the chinese.] but although the chinese have such few ceremonies in their system of religious worship, yet they are remarkably infected with superstition. mr. pallas gives the following description of their behaviour at maimatschin during an eclipse of the moon. at the close of the evening in which the eclipse appeared, all the inhabitants were indefatigable in raising an incessant uproar, some by hideous shrieks, others by knocking wood, and beating cauldrons; the din was heightened by striking the bell and beating the kettle drums of the great pagoda. the chinese suppose, that during an eclipse the wicked spirit of the air, called by the mongols arachulla, is attacking the moon; and that he is frightened away by these hideous shrieks and noises. another instance of superstition fell under the observation, of mr. pallas, while he was at maimatschin. a fire broke out in that town with such violence that several houses were in flames. none of the inhabitants, however, attempted to extinguish it; they stood indeed in idle consternation round the fire; and some of them sprinkled occasionally water among the flames, in order to sooth the fire god, who, as they imagined, had chosen their houses for a sacrifice. indeed if the russians had not exerted themselves in quenching the fire, the whole place would probably have been reduced to ashes[ ]. [footnote : this account of kiachta and maimatschin is taken from mr. pallas's description of kiachta, in the journal of his travels through siberia, p. iii. p. - . every circumstance relating to the religious worship of the eastern nations is, in itself so interesting that i thought it would not be unacceptable to my readers to give a translation of the above passages respecting the chinese pagodas and idols: although in a work treating of the new discoveries, and the commerce which is connected with them. in the abovementioned journal the ingenious author continues to describe from his own observations the manners, customs, dress, diet, and several other particulars relative to the chinese; which, although exceedingly curious and interesting, are foreign to my present purpose, and would have been incompatible with the size of the present work. no writer has placed the religion and history of the tartar-nations in a more explicit point of view than mr. pallas; every page in his interesting journal affords striking proofs of this assertion. he has lately thrown new lights upon this obscure subject, in a recent publication concerning the tartars, who inhabit parts of siberia, and the territory which lies between that country and the chinese-wall. of this excellent work the first volume appeared in , and contains the genealogy, history, laws, manners, and customs, of this extraordinary people, as they are divided into calmucs, mongols, and burats. the second volume is expected with impatience, and will ascertain, with minuteness and accuracy, the tenets and religious ceremonies which distinguish the votaries of shamanism from the followers of dalai-lama, the two great sects into which these tribes are distinguished. pallas samlung historischer nachrichten ueber die mongolischen volkerschafter.] chap. iv. commerce between the _chinese_ and _russians_--list of the principal exports and imports--duties--average amount of the _russian_ trade. [sidenote: merchants of maimatschin.] the merchants of maimatschin come from the northern provinces of china, chiefly from pekin, nankin, sandchue, and other principal towns. they are not settled at this place with their wives and families: for it is a remarkable circumstance, that there is not one woman in maimatschin. this restriction arises from the policy of the chinese government, which, totally prohibits the women from having the slightest intercourse with foreigners. no chinese merchant engages in the trade to siberia who has not a partner. these persons mutually relieve each other. one remains for a stated time, usually a year, at kiachta; and when, his partner arrives with a fresh cargo of chinese merchandize, he then returns home with the russian commodities[ ]. [footnote : pallas reise, p. iii. p. .] most of the chinese merchants understand the mongol tongue, in which language commercial affairs are generally transacted. some few indeed speak broken russian, but their pronunciation is so soft and delicate, that it is difficult to comprehend them. they are not able to pronounce the r, but instead of it make use of an l; and when two consonants come together, which frequently occurs in the russian tongue, they divide them by the interposition of a vowel[ ]. this failure in articulating the russian language seems peculiar to the chinese, and is not observable in the calmucs, mongols, and other neighbouring nations[ ]. [footnote : bayer, in his museum sinicum, gives several curious instances of the chinese mode of articulating those sounds, which they have not in their own language. for instance they change b d r x z into p t l s s. thus for maria they say ma-li-ya; for crux, cu-lu-su; for baptizo, pa-pe-ti-so; for cardinalis, kia-ul-fi-na-li-su; for spiritus, su-pi-li-tu-su; for adam, va-tam; for eva, nge-va; for christus, ki-li-su-tu-su; hoc, est, corpus, meum--ho-ke, nge-su-tu, co-ul-pu-su, me-vum. bayer, mus. sin. tom. i. p. .] [footnote : pallas reise, p. iii. p. .] the commerce between the russians and chinese is entirely a trade of barter, that is, an exchange of one merchandize for another. the russians are prohibited to export their own coin, nor indeed could the chinese receive it, even should that prohibition be taken off; for no specie is current amongst them except bullion[ ]. and the russians find it more advantageous to take merchandize in exchange, than to receive bullion at the chinese standard. the common method of transacting business is as follows. the chinese merchant comes first to kiachta, and examines the merchandize he has occasion for in the warehouse of the russian trader; he then goes to the house of the latter, and adjusts the price over a dish of tea. both parties next return to the magazine, and the goods in question are there carefully sealed in the presence of the chinese merchant. when this ceremony is over, they both repair to maimatschin; the russian chooses the commodities he wants, not forgetting to guard against fraud by a strict inspection. he then takes the precaution to leave behind a person of confidence, who remains in the warehouse until the russian goods are delivered, when he returns to kiachta with the chinese merchandize[ ]. [footnote : the chinese have no gold or silver coin. these metals are always paid in bullion; and for the purpose of ascertaining the weight, every chinese merchant is constantly provided with a pair of scales. as gold is very scarce in china, silver is the great vehicle of commerce. when several authors affirm that the russians draw large quantities of silver from china, they mistake an accidental occurrence for a general and standing fact. during the war between the chinese and calmucs, the former had occasion to purchase at kiachta provision, horses, and camels, for which they paid silver. this traffic brought such a profusion of that metal into siberia, that its price was greatly reduced below its real value. a pound of silver was at that period occasionally sold at the frontiers for or roubles, which at present fetches or . but since the conclusion of these wars by the total reduction of the calmucs under the chinese yoke, russia receives a very small quantity of silver from the chinese. s.r.g. iii. p. & seq. the silver imported to kiachta is chiefly brought by the bucharian merchants, who sell cattle to the chinese in exchange for that metal, which they afterwards dispose of to the russians for european manufactures. gold-dust is also occasionally obtained from the same merchants; the quantity however of those metals procured at kiachta is so inconsiderable, as scarcely to deserve mention. the whole sum imported to kiachta, in , amounted to only , roubles.] [footnote : pallas reise, p. iii. p. .] [sidenote: russian exports.] the principal commodities which russia exports to china are as follow: furs and peltry. it would be uninteresting to enumerate all the furs and skins[ ] brought for sale to kiachta, which form the most important article of exportation on the side of the russians. the most valuable of these furs are the skins of sea-otters, beavers, foxes, wolves, bears, bucharian lambs, astracan sheep, martens, sables, ermines, grey-squirrels. [footnote : the list of all the furs and skins brought to kiachta, with their several prices, is to be found in pallas reise, part iii. p. to p. . see hereafter, p. .] the greatest part of these furs and skins are drawn from siberia and the new discovered islands: this supply however is not alone fully adequate to the demand of the market at kiachta. foreign furs are therefore imported to st. petersburg, and from thence sent to the frontiers. england alone furnishes a large quantity of beaver and other skins, which she draws from hudson's bay and canada.[ ] [footnote : list of furs sent from england to petersburg in the following years: beaver-skins. otter-skins. , | | , | | , | | the finest hudson's beavers have been sold upon an average at petersburg from to roubles per skins. inferior ditto and best canada beavers from -- young or cub-beavers from -- best otter-skins from -- inferior ones from -- the qualities of these skins being very different occasion great variations in the prices. at kiachta, the best hudson's bay beaver fetches from to roubles per skin. otters' ditto -- black foxes skins from canada are also sometimes sent from england to petersburg. at kiachta they fetch from to roubles per skin.] cloth. cloth forms the second article of exportation which russia exports to china. the coarse sort is manufactured in russia; the finer sort is foreign, chiefly english, prussian, and french. an arshire of foreign cloth fetches, according to its fineness, from to roubles. camlets. calimancoes. druggets. white flannels, both russian and foreign. the remaining articles are, rich stuffs. velvets. coarse linen, chiefly manufactured in russia. russia leather. tanned hides. glass ware and looking glasses. hardware, namely, knives, scissars, locks, &c. tin. russian talk. cattle, chiefly camels, horses, and horned cattle. the chinese also pay very dear for hounds, greyhounds, barbets, and dogs for hunting wild boars. provisions[ ]. [footnote : in the year , the chinese purchased meat at kiachta, at the following prices: a pound of beef - / copecs. lamb - / horse flesh for the tartars / . pallas reise, p. iii. p.] meal.--the chinese no longer import such large quantities of meal as formerly, since they have employed the mongols to cultivate the lands lying near the river orchon[ ], &c. &c. [footnote : s. r. g. iii. p. - . pallas reise, p. iii. p. - .] [sidenote: imports.] list of the most valuable commodities procured from china. raw and manufactured silk. the exportation of raw silk is prohibited in china under pain of death: large quantities however are smuggled every year into kiachta, but not sufficient to answer the demands of the russian merchants. a pood of the best sort is estimated at roubles; of the worst sort at the manufactured silks are of various sorts, fashions, and prices, viz. sattins, taffaties, damasks, and gauzes, scanes of silk died of all colours, ribbands, &c. &c. raw and manufactured cotton. raw cotton is imported in very large quantities; a great part of this commodity is employed in packing up the china ware, and by these means is conveyed into the inland part of russia without any additional expence of carriage. a pood sells for--from roubles, cop. to . of the manufactured cotton, that which the russians call kitaika, and the english nankeen, has the most rapid sale. it is the most durable, and, in proportion to its goodness, the cheapest of all the chinese stuffs; it is stained red, brown, green, and black. teas. the teas which are brought into russia are much superior in flavour and quality to those which are sent to europe from canton. the original goodness of the teas is probably the same in both cases; but it is conjectured, that the transport by sea considerably impairs the aromatic flavour of the plant. this commodity, now become so favourite an object of european luxury, is esteemed by the russian merchants the most profitable article of importation. at kiachta a pound of the best tea[ ] is estimated at roubles. common ditto at inferior at copecs. [footnote : at petersburg a pound of the best green tea fetches roubles.] porcelain of all sorts. for some years past the chinese have brought to kiachta parcels of porcelain, painted with european figures, with copies of several favourite prints and images of the grecian and roman deities. furniture, particularly japan cabinets and cases, lackered and varnished tables and chairs, boxes inlaid with mother-of-pearl, &c. &c. fans, toys, and other small wares. artificial flowers. tiger and panther skins. rubies[ ], but neither in large quantities nor of great value. white lead, vermilion, and other colours. canes. tobacco. rice. sugar candy. preserved ginger, and other sweetmeats. rhubarb[ ]. musk. [footnote : rubies are generally procured by smuggling; and by the same means pearls are occasionally disposed of to the chinese, at a very dear rate. pearls are much sought for by the chinese; and might be made a very profitable article.] [footnote : see appendix ii.] it is very difficult to procure the genuine thibet musk, because the chinese purchase a bad sort, which comes from siberia, with which they adulterate that which is brought from thibet[ ]. [footnote : s. r. g. iii. p. - . pallas reise, p. iii. p. - .] [sidenote: advantages of this trade to russia.] russia draws great advantages from the chinese trade. by this traffic, its natural productions, and particularly its furs and skins, are disposed of in a very profitable manner. many of these furs procured from the most easterly parts of siberia, are of such little value that they would not answer the expence of carriage into russia; while the richer furs, which are sold to the chinese at a very high price, would, on account of their dearness, seldom meet with purchasers in the russian dominions. in exchange for these commodities the russians receive from china several valuable articles of commerce, which they would otherwise be obliged to buy at a much dearer rate from the european powers, to the great disadvantage of the balance of their trade. i have before observed, that formerly the exportation and importation of the most valuable goods were prohibited to individuals; at present only the following articles are prohibited. among the exports, fire-arms and artillery; gunpowder and ball; gold and silver, coined and uncoined, stallions and mares; skins of deer, reindeer, elks, and horses; beaver's hair, potash, rosin, thread, and [ ]tinsel-lace: among the imports, salt, brandy, poisons, copper-money, and rhubarb. [footnote : tinsel lace is smuggled to the chinese, with considerable profit; for they pay nearly as much for it as if it was solid silver. s. r. g. iii. p. .] the duties paid by the russian-merchants are very considerable; great part of the merchandise is taxed at per cent. furs, cattle, and provisions, pay a duty of . russian manufactures . one per cent. is also deducted from the price of all goods for the expence of deepening the river selenga; and per cent for the support of the custom-house. some articles, both of export and import, pay no duty. the exported are, writing, royal, and post paper, russia cloth of all sorts and colours, excepting peasants cloth. the imported are, satins, raw and stained cottons, porcelain, earthen-ware, glass corals, beads, fans, all musical instruments, furniture, lackered and enamelled ornaments, needles, white-lead, rice, preserved ginger, and other sweet-meats[ ]. [footnote : pallas reise, p. iii. p. .] the importance of this trade will appear from the following table. [sidenote: table of exportation and importation.] table of exportation and importation at kiachta, in the year . rbles. cop. custom-house duties, , . - / . importation of chinese goods, to the value of , , . - / . of gold and silver , . ----------------------- total of importation , , . - / . ----------------------- exportation of russian commodities , , . . from this table it appears, that the total sum of export and import amounts to , , . in this calculation however the contraband trade is not included, which is very large; and as the year was not so favourable to this traffic as the preceding ones[ ], we may venture to estimate the gross amount of the average trade to china at near , , roubles. [footnote : in the year , , , the custom-house duties at kiachta (according to mr. pallas, p. iii. p. .) produced , roubles. by taking therefore the medium between that sum and , , the amount of the duties in , the average sum of the duties will be , ; and, as the duties in make nearly a sixth of the whole sum of exportation and importation, by multiplying , by , we have the gross amount of the average exports and imports at , , . but as several goods pay no duty, and as the contraband trade according to the lowest valuation is estimated at the fifth part of the exports and imports; the gross amount of the average trade to china may be fairly computed at near , , , the sum stated above.] chap. v. description of zuruchaitu--and its trade--transport of the merchandise through siberia. the general account of the russian commerce to china has been given in the preceding chapter, because almost the whole traffic is confined to kiachta. the description of zuruchaitu, which was also fixed by the treaty of kiachta for the purpose of carrying on the same trade, will be comprised of course in a narrow compass. [sidenote: description of zuruchaitu.] zuruchaitu is situated in ° longitude, and °. ´ n. latitude, upon the western branch of the river argoon, at a small distance from its source. it is provided with a small garrison, and a few wretched barracks surrounded with chevaux de frise. no merchants are settled at this place; they come every summer from nershinsk, and other russian towns in order to meet two parties of mongol troops: these troops are sent from the chinese towns naun and merghen, and arrive at the frontiers about july. they encamp near zuruchaitu upon the other side of the river argoon, and barter with the siberian merchants a few chinese commodities, which they bring with them. [sidenote: commerce.] formerly the commerce carried on at zuruchaitu was more considerable; but at present it is so trifling, that it hardly deserves to be mentioned. these mongols furnish the district of nershinsk with bad tea and tobacco, bad silks, and some tolerable cottons. they receive in return ordinary furs, cloth, cattle, and russian leather. this trade lasts about a month or six weeks, and the annual duties of the customs amount upon an average to no more than roubles. about the middle of august the mongols retire; part proceed immediately to china, and the others descend the stream of the amoor as far as its mouth, in order to observe if there has been no usurpation upon the limits. at the same time the russian merchants return to nershinsk, and, were it not for the small garrison, zuruchaitu would remain uninhabited[ ]. [footnote : s. r. g. iii. p. . pallas reise, p. iii. p. .] [sidenote: transport of the russian and chinese commodities through siberia.] the russian commodities are transported by land from petersburg and moscow to tobolsk. from thence the merchants may embark upon the irtish down to its junction with the oby; then they either tow up their boats, or sail up the last mentioned river as far as marym, where they enter the ket, which they ascend to makoffskoi ostrog. at that place the merchandize is carried about ninety versts by land to the yenisei. the merchants then ascend that river, the tunguska, and angara, to irkutsk, cross the lake baikal, and go up the river selenga almost to kiachta. it is a work of such difficulty to ascend the streams of so many rapid rivers, that this navigation eastwards can hardly be finished in one summer[ ]; for which reason the merchants commonly prefer the way by land. their general rendezvous is the fair of irbit near tobolsk; from thence they go in sledges during winter to kiachta where they arrive about february, the season in which the chief commerce is carried on with the chinese. they buy in their route all the furs they find in the small towns, where they are brought from the adjacent countries. when the merchants return in spring with the chinese goods, which are of greater bulk and weight than the russian commodities, they proceed by water; they then descend the streams of most of the rivers, namely, the selenga, angara, tunguska, ket, and oby to its junction with the irtish; they ascend that river to tobolsk, and continue by land to moscow and petersburg. [footnote : some of these rivers are only navigable in spring when the snow water is melting; in winter the rivers are in general frozen.] [sidenote: transport of the furs from kamtchatka to kiachta.] before the passage from ochotsk to bolcheresk was discovered in , the only communication between kamtchatka and siberia was by land; the road lay by anadirsk to yakutsk. the furs[ ] of kamtchatka and of the eastern isles are now conveyed from that peninsula by water to ochotsk; from thence to yakutsk by land on horse-back, or by rein-deer: the roads are so very bad, lying either through a rugged mountainous country, or through marshy forests, that the journey lasts at least six weeks. yakutsk is situated upon the lena, and is the principal town, where the choicest furs are brought in their way to kiachta, as well from kamtchatka as from the northern parts of siberia, which lay upon the rivers lena, yana, and endigirka. at yakutsk the goods are embarked upon the lena, towed up the stream of that river as far as vercholensk, or still farther to katsheg; from thence they are transported over a short tract of land to the rivulet buguldeika, down that stream to the lake baikal, across that lake to the mouth of the selenga, and up that river to the neighbourhood of kiachta. [footnote : the furs, which are generally landed upon the eastern coast of kamtchatka, are either sent by sea to bolchoresk, or are transported across the peninsula in sledges drawn by dogs. the latter conveyance is only used in winter: it is the usual mode of travelling in that country. in summer there is no conveyance, as the peninsula contains neither oxen, horses, or rein-deer. s. r. g. iii. p. .] in order to give the reader some notion of that vast tract of country, over which the merchandize is frequently transported by land carriage, a list of the distances is here subjoined. from petersburg to moscow versts. moscow to tobolsk tobolsk to irkutsk irkutsk to kiachta from irbit to tobolsk from irkutsk to nershinsk nershinsk to zuruchaitu from ochotsk to yakutsk yakutsk to irkutsk from selenginsk to zuruchaitu zuruchaitu to pekin kiachta to pekin the chinese transport their goods to kiachta chiefly upon camels. it is four or five days journey from pekin to the wall of china, and forty-six from thence across the mongol desert to kiachta[ ]. [footnote : pallas reise, p. iii. p. .] part iii. appendix i. & ii. containing supplementary accounts of the russian discoveries, &c. &c. [illustration: krenitzin's and levasheff's _voyage to the_ fox islands _in and _.] appendix i. extract from the journal of a voyage made by captain _krenitzin_ and lieutenant _levasheff_ to the _fox islands_, in , , by order of the empress of _russia_--they sail from _kamtchatka_--arrive at _beering's_ and _copper islands_--reach the _fox islands_--_krenitzin_ winters at _alaxa_--_levasheff_ upon _unalashka_--productions of _unalashka_--description of the inhabitants of the _fox islands_--their manners and customs, &c. [sidenote: krenitzin and levasheff sail from the mouth of the kamtchatka river, .] on the d of july captain krenitzin sailed in the galliot st. catherine from the mouth of the kamtchatka river towards america: he was accompanied by lieutenant levasheff, in the hooker st. paul. their instructions were regulated by information derived from beering's expedition in . shaping their course accordingly, they found themselves more to the north than they expected; and were told by the russian traders and hunters, that a similar[ ] mistake was committed in the chart of that expedition. these traders, who for some years past were accustomed to ramble to the distant islands in quest of furs, said that they were situated much more to the south, and farther east than was imagined. [sidenote: they reach beering's island.] on the th they saw commodore's or beering's island, which is low and rocky, especially to the s. w. on this side they observed a small harbour, distinguished by two hillocks like boats, and not far from it they found a fresh water lake. [footnote : this passage is obscurely expressed. its meaning may be ascertaining by comparing krenitzin's chart with that of beering's voyage prefixed to muller's account of the russian discoveries. the route of krenitzin's vessel was confidently to the north of the course held by beering and tschirikoff, and consequently he sailed through the middle of what they had supposed to be a continent, and which he found to be an open sea. see robertson's history of america, p. , and p. , of this work. [sidenote: and copper island.] to the s. e. lies another island, called by the russians mednoi ostroff, or copper island, from a great quantity of copper found upon its n. e. coast, the only side which is known to the russians. it is washed up by the sea, and covers the shore in such abundance, that many ships may load with it. perhaps an india trader might make a profitable voyage from thence to china, where this metal is in high demand. this copper is mostly in a metallic or malleable state, and many pieces seem as if they had formerly been in fusion. the island is not high, but has many hillocks, each of which has the appearance of having formerly been the funnel of a volcano. we may here, once for all, observe, that all the islands represented in this chart[ ] abound with such funnels, called in russian sopka, in so much that no island, however small, was found without one; and many of them consisted of nothing else. in short, the chain of islands here laid down may, without any violent stretch of imagination, be considered as thrown up by some late volcanos. the apparent novelty of every thing seems to justify this conjecture: nor can any objection be derived from the vegetable productions with which these islands abound; for the summer after the lower district of zutphen in holland was gained from the sea, it was covered over with wild mustard. all these lands are subject to violent and frequent earth-quakes, and abound in sulphur. the writer of the journal was not able to inform us whether any lava was found upon them; but he speaks of a party-coloured stone as heavy as iron. from this account it is by no means improbable, that the copper abovementioned has been melted in some eruption. [footnote : namely, the chart which is prefixed to this journal.] [sidenote: arrive at the fox islands.] after leaving copper island, no land was seen from either of the ships (which had parted company in a fog) till on the s. e. quarter of their tract, was discovered the chain of islands or head-lands laid down in the chart. these in general appeared low, the shore bad, without creeks, and the water between them very shallow. during their course outwards, as well as during their return, they had frequent fogs. it appears from the journal, as well as from the relation of the hunters, that it is very uncommon to have clear weather for five days together, even during summer. [sidenote: krenitzin winters at alaxa.] the st. catherine wintered in the straits of alaxa, where they hauled her into shoal water. the instructions given to the captain set forth, that a private ship had in found there a commodious haven; but he looked for it in vain. the entrance of this strait from the n. e. was extremely difficult on account of flats, and strong currents both flood and ebb: the entrance however from the s. e. was afterwards found to be much easier with not less than - / fathoms water. upon surveying this strait, and the coast of alaxa, many funnels were observed in the low grounds close to the shore, and the soil produced few plants. may not this allow one to suppose that the coast had suffered considerable changes since the year ? few of the islands produce wood, and that only in the vallies by the rivulets. unalga and alaxa contain the most; they abound with fresh water streams, and even rivers; from which we may infer that they are extensive. the soil is in general boggy, and covered with moss; but alaxa has more soil and produces much grass. [sidenote: levasheff winters upon unalashka.] the st. paul wintered in unalashka. this wintering place was observed to lie in ° ´ north latitude, and its longitude from the mouth of kamtchatka river, computed by the ship's journal, was ° ´ east[ ]. unalashka is about fifty miles long from n. e. to s. w. and has on the n. e. side three bays. one of them called udagha stretches thirty miles e. n. e. and w. s. w. nearly through the middle of the island. another called igunck, lying n. n. e. and s. s. w. is a pretty good harbour, with three and a half fathom water at high tide, and sandy ground. it is well sheltered from the north swell at its entrance by rocks, some of which are under water. the tide flows here five feet at full and change, and the shore is in general bold and rocky, except in the bay, at the mouth of a small river. there are two burning mountains on this island, one called ayaghish, and the other (by the russians) the roaring mountain. near the former is a very copious hot spring. the land is in general rocky, with loamy and clayey grounds; but the grass is extremely coarse, and unfit for pasture. hardly any wood is to be found on it. [sidenote: productions of unalashka.] its plants are dwarf cherry ([ ]xylosteum of tournefort), wortle berry, (vaccinium uliginosum of linnæus), rasberry, farana and shikshu of kamtchatka and kutage, larch, white poplar, pine and birch[ ]. the land animals are foxes of different colours, mice, and weasels; there are also beavers[ ], sea cats, and sea lions as at kamtchatka. among their fish we may reckon cod, perch, pilchards, smelts, roach, needle fish, terpugh, and tchavitcha. the birds are eagles, partridges, ducks, teals, urili, ari, and gadi. the animals for whose russian names i can find no translations, are (excepting the ari) described in krashininikoff's history of kamtchatka, or in steller's relation contained in the second volume of the memoirs of the academy of petersburgh. [footnote : according to the general map of russia, the mouth of the kamtchatka river is in ° ´ from fero. unalashka therefore, according to this estimation, is ° ´ from fero, or ° ´ ´´ from greenwich.] [footnote : the lonicera pyrenaica of linnæus. it is not a dwarf cherry, but a species of honeysuckle.] [footnote : all the other journalists uniformly describe unalashka as containing nothing but underwood; we must therefore suppose that the trees here mentioned were very low and small, and this agrees with what goes before, "hardly any wood is to be found on it."] [footnote : by beavers the journalists certainly mean sea-otters, called by the russians sea-beavers. see p. . for a description of the sea-otter, called by linnæus lutra marina, see nov. com. petr. vol. ii. p. , et seq.] [sidenote: account of the inhabitants of the fox islands.] the inhabitants of alaxa, umnak, unalaksha, and the neighbouring islands, are of a middle stature, tawny brown colour, and black hair. in summer they wear coats (parki[ ]) made of bird skins, over which, in bad weather, and in their boats, they throw cloaks, called kamli, made of thin whale guts. on their heads they wear wooden caps, ornamented with duck's feathers, and the ears of the sea-animal, called scivutcha or sea-lion; they also adorn these caps with beads of different colours, and with little figures of bone or stone. in the partition of the nostrils they place a pin, about four inches long, made of the bone, or of the stalk of a certain black plant; from the ends of this pin or bodkin they hang, in fine weather and on festivals, rows of beads, one below the other. they thrust beads, and bits of pebble cut like teeth, into holes made in the under-lips. they also wear strings of beads in their ears, with bits of amber, which the inhabitants of the other islands procure from alaxa, in exchange for arrows and kamli. [footnote : parki in russian signifies a shirt, the coats of these islanders being made like shirts.] they cut their hair before just above the eyes, and some shave the top of their heads like monks. behind the hair is loose. the dress of the women hardly differs from that of the men, excepting that it is made of fish-skins. they sew with bone needles, and thread made of fish guts, fastening their work to the ground before them with bodkins. they go with the head uncovered, and the hair cut like that of the men before, but tied up behind in a high knot. they paint their cheeks with strokes of blue and red, and wear nose-pins, beads, and ear-rings like the men; they hang beads round their neck, and checkered strings round their arms and legs. [sidenote: manners and customs.] in their persons we should reckon them extremely nasty. they eat the vermin with which their bodies are covered, and swallow the mucus from the nose. having washed themselves, according to custom, first with urine, and then with water, they suck their hands dry. when they are sick, they lie three or four days without food; and if bleeding is necessary, they open a vein with lancets made of flint, and suck the blood. their principal nourishment is fish and whale fat, which they commonly eat raw. they also feed upon sea-wrack and roots, particularly the saran, a species of lily; they eat a herb, called kutage, on account of its bitterness, only with fish or fat. they sometimes kindle fire by catching a spark among dry leaves and powder of sulphur: but the most common method is by rubbing two pieces of wood together, in the manner practised at kamtchatka[ ], and which vaksel, beering's lieutenant, found to be in use in that part of north america which he saw in . they are very fond of russian oil and butter, but not of bread. they could not be prevailed upon to taste any sugar until the commander shewed the example; finding it sweet, they put it up to carry it home to their wives. [footnote : the instrument made use of by the kamtchadals, to procure fire, is a board with several holes in it, and a stick; the latter is put into the holes, and turned about swiftly, until the wood within the holes begins to burn, where there is tinder ready to catch the sparks. s. r. g. iii. p. .] the houses of these islanders are huts built precisely in the manner of those in kamtchatka, with the entry through a hole in the middle of the roof. in one of these huts live several families, to the amount of thirty or forty persons. they keep themselves warm by means of whale fat burnt in shells, which they place between their legs. the women set apart from the men. six or seven of these huts or yourts make a village, of which there are sixteen in unalashka. the islands seem in general to be well inhabited, as may be conjectured from the great number of boats which are seen continually plying along the shore. there are upwards of a thousand inhabitants on unalashka, and they say that it was formerly much more populous. they have suffered greatly by their disputes with the russians, and by a famine in the year ; but most of all from a change in their way of life. no longer contented with their original simplicity, they long for russian luxuries: in order therefore to obtain a few delicacies, which are presently consumed, they dedicate the greatest part of their time to hunting, for the purpose of procuring furs for the russians: by these means, they neglect to lay up a provision of fish and roots; and suffer their children frequently to die of hunger. their principal food is fish, which they catch with bone hooks. their boats, in which they row to a great distance from land, are made, like those of the innuet or esquimaux, of thin slips of wood and skins: these skins cover the top as well as the sides of the boat, and are drawn tight round the waist of the rower. the oar is a paddle, broad at both ends. some of their boats hold two persons; one of whom rows, and the other fishes: but these kind of boats seem appropriated to their chiefs. they have also large boats capable of holding forty men. they kill birds and beasts with darts made of bone, or of wood tipped with sharpened stone: they use these kind of darts in war, which break with the blow given by them, and leave the point in the wound. the manners and character of these people are what we should expect from their necessitous situation, extremely rude and savage. the inhabitants however of unalashka are somewhat less barbarous in their manners and behaviour to each other, and also more civil to strangers than the natives of the other islands; but even they are engaged in frequent and bloody quarrels, and commit murder without the least compunction. their disposition engages them in continual wars, in which they always endeavour to gain their point by stratagem. the inhabitants of unimak are formidable to all the rest; they frequently invade the other islands, and carry off women, the chief object of their wars. alaxa is most subject to these incursions, probably because it is more populous and extensive. they all join in hating the russians, whom they consider as general invaders, and therefore kill them wherever they can. the people of unalashka however are more friendly; for lieutenant levasheff, being informed that there was a russian vessel in the straits of alaxa, prevailed on some unalashkans to carry a letter, which they undertook, notwithstanding the danger they were exposed to from the inhabitants of the intervening islands. the journalist says, that these people have no kind of religion, nor any notion of a god. we observe however among them sufficient marks of such a religion as might be expected from people in their situation. for the journalist informs us, that they have fortune-tellers employed by them at their festivals. these persons pretend to foretel events by the information of the kugans or dæmons. in their divinations they put on wooden masks, made in the form in which they say the kugan appeared to them; they then dance with violent motions, beating at the same time drums covered with fish skins. the inhabitants also wear little figures on their caps, and place others round their huts, to keep off the devils. these are sufficient marks of a savage religion. it is common for them to have two, three, or four wives, and some have also an object of unnatural affection, who is dressed like the women. the wives do not all live together, but, like the kamtchadals, in different yourts. it is not unusual for the men to exchange their wives, and even sell them, in time of dearth, for a bladder of fat; the husband afterwards endeavours to get back his wife, if she is a favourite, and if unsuccessful he sometimes kills himself. when strangers arrive at a village, it is always customary for the women to go out to meet them, while the men remain at home: this is considered as a pledge of friendship and security. when a man dies in the hut belonging to his wife, she retires into a dark hole, where she remains forty days. the husband pays the same compliment to his favourite wife upon her death. when both parents die, the children are left to shift for themselves. the russians found many in this situation, and some were brought for sale. in each village there is a sort of chief, called tookoo, who is not distinguished by any particular rank or authority. he decides differences by arbitration, and the neighbours enforce the sentence. when he goes out to sea he is exempted from working, and has a servant, called kalè, for the purpose of rowing the canoe; this is the only mark of his dignity: at all other times he labours like the rest. the office is not hereditary; but is generally conferred on him who is most remarkable for his personal qualities; or who possesses a great influence by the number of his friends. hence it frequently happens, that the person who has the largest family is chosen. during their festivals, which are held after the fishing season ends in april, the men and women sing songs; the women dance, sometimes singly, and sometimes in pairs, waving in their hands blown bladders; they begin with gentle movements, which become at last extremely violent. the inhabitants of unalashka are called kogholaghi. those of akutan, and farther east to unimak, are called kighigusi; and those of unimak and alaxa are called kataghayekiki. they cannot tell whence they have these names, and now begin to call themselves by the general name of aleyut, given them by the russians, and borrowed from some of the [ ]kuril islands. upon being asked concerning their origin, they said that they had always inhabited these islands, and knew nothing of any other country beyond them. all that could be gathered from them was, that the greatest numbers came from alaxa, and that they did not know whether that land had any bounds. the russians surveyed this island very far to the n. e. in boats, being out about a fortnight, and set up a cross at the end of their survey. the boats of the islanders are like those of the americans. it appears however from their customs and way of life, so far as these are not necessarily prescribed to them by their situation, that they are of kamtchatdal original. their huts, their manner of kindling fire, and their objects of unnatural affections, lead to this conjecture. add to this, the almost continual westerly winds, which must render the passage westward extremely difficult. beering and tchirikoff could never obtain easterly winds but by going to the southward. [footnote : i cannot find, that any of the kuril isles are called aleyut in the catalogue of those islands given by mr. muller, s. r. g. iii. p, - . neither are any of them laid down under that name in the russian charts.] the russians have for some years past been accustomed to go to these islands in quest of furs, of which they have imposed a tax on the inhabitants. the manner of carrying on this trade is as follows. the russian traders go in autumn to beering's and copper island, and there winter: they then employ themselves in catching the sea-cat, and afterwards the scivutcha, or sea-lion. the flesh of the latter is prepared for food, and it is very delicate. they carry the skins of these sea-animals to the eastern islands. next summer they go eastward, to the fox-islands; and again lay their ships up for the winter. they then endeavour to procure, either by persuasion or force, the children of the inhabitants, particularly of the tookoos, as hostages. this being accomplished, they deliver to the inhabitants fox-traps, and also skins for their boats, for which they oblige them to bring furs and provisions during the winter. after obtaining from them a certain quantity of furs, by way of tax, for which they give them quittances; the russians pay for the rest in beads, false pearls, goat's wool, copper kettles, hatchets, &c. in the spring they get back their traps, and deliver up their hostages. they dare not hunt alone, nor in small numbers, on account of the hatred of the natives. these people could not, for some time, comprehend for what purpose the russians imposed a tribute of skins, which were not to be their own property, but belonged to an absent person; for their tookoos have no revenue. nor could they be made to believe, that there were any more russians than those who came among them; for in their own country all the men of an island go out together. at present they comprehend something of kamtchatka, by means of the kamtchadals and koriacs who come along with the russians; and on their arrival love to associate with people whose manner of life resembles their own. krenitzin and levasheff returned from this expedition into the mouth of the kamtchatka river in autumn . the chart which accompanies this journal was composed by the pilot jacob yakoff, under the inspection of the commanders[ ] krenitzin and levasheff. the track of the st. paul is marked both in going out and returning. the harbour of the st. paul in the island unalashka, and the straits of alaxa, are laid down from observations made during the winter ; and the islands connected by bearings and distances taken during a cruise of the st. paul twice repeated. [footnote : krenitzin was drowned soon after his return to kamtchatka in a canoe belonging to the natives.] in this chart the variation is said to be in lat. long. points ° ´. . east. - / - / - / - / n^o ii. concerning the longitude of _kamtchatka_, and of the eastern extremity of _asia_, as laid down by the _russian_ geographers. [sidenote: longitude of the extreme parts of asia.] the important question concerning the longitude of the extreme parts of asia has been so differently stated by the most celebrated geographers, that it may not be amiss to refer the curious reader to the principal treatises upon that subject. [sidenote: by mr. muller and the russian geographers.] the proofs by which mr. muller and the russian geographers place the longitude of the eastern extremity of asia beyond degrees from the first meridian of fero, or ° ´ ´´ from paris, are drawn from the observations of the satellites of jupiter, made by krassilnikoff at kamtchatka, and in different parts of siberia, and from the expeditions of the russians by land and sea towards tschukotskoi noss. [sidenote: by mr. engel.] mr. engel calls in question the exactness of these observations, and takes off twenty-nine degrees from the longitude of kamtchatka, as laid down by the russians. to this purpose he has given to the public, . memoires et observations geographiques et critiques sur la situation des pays septentrionaux de l'asie et de l'amerique. a lausanne, . . geographische und critische nachricht ueber die lage der noerdlichen gegenden von asien und america. mittau, . [sidenote: by mr. vaugondy.] it appears to monsieur de vaugondy, that there are not sufficient grounds for so extraordinary a diminution: accordingly he shortens the continent of asia only eleven degrees of longitude; and upon this subject he has given the two following treatises: . lettre au sujet d'une carte systematique des pays septentrionaux de l'asie et de l'amerique. paris, . . nouveau systeme geographique, par lequel on concilie les anciennes connoissances sur les pays au nord ouest de l'amerique. paris, . [sidenote: mons. buache supports the system of the russians against engel and vaugondy.] in opposition to these authors, monsieur buache has published an excellent treatise, entitled memoires sur les pays de l'asie et de l'amerique. paris, . in this memoir he dissents from the opinions of messrs engel and vaugondy; and defends the system of the russian geographers in the following manner. monsieur maraldi, after comparing the observations of the satellites of jupiter, taken at kamtchatka by krassilnikoff, with the tables, has determined the longitude of ochotsk, bolcheresk, and the port of st. peter and paul from the first meridian of paris as follows: h ´ ´´ [ ]longitude of ochotsk of bolcheresk of the port latitude of ochotsk ° ´, of bolcheresk ° ´, of the port ° ´. [footnote : krassilnikoff compared his observations with corresponding ones taken at petersburg, which gave results as follow: from comparing an observation of an eclipse of the first satellite, taken at ochotsk the th of january, , with an observation of an eclipse of the same satellite taken at petersburg on the th of january in the same year, the difference of longitude between petersburg and ochotsk appeared to be ^h. ´ ´´; from a comparison of two other similar observations the difference of longitude was ^h. ´ ´´, a mean of which is ^h. ´ ´´, being the true difference between the meridians of petersburg and ochotsk according to these observations. by adding the difference of the longitude between petersburg and paris, which is ^h. ´ ´´, we have the longitude of ochotsk from paris ^h. ´ ´´, which differs ´´ only from the result of mons. maraldi. nov. comm. pet. iii. p. . in the same manner the longitude of bolcheresk appears from the corresponding observations taken at that place and at petersburg to be h. ´ ´´ differing from mr. maraldi about ´ ´´. nov. com. p. . but the longitude of the port of st. peter and paul, estimated in the same manner from corresponding observations, differs from the longitude as computed by mons. maraldi no more than seconds, p. .] the comparison of the following results, deduced from corresponding observations[ ] of the eclipses of jupiter's satellites taken at bolcheresk at the port of peter and paul by krassilnikoff, and at pekin by the jesuit missionaries, will shew from their near agreement the care and attention which must have been given to the observations; and from hence there is reason to suppose, that the suspicions of inaccuracy imputed to krassilnikoff are ill founded. [footnote : obs. ast. ecc. sat. jovis, &c. nov. com. petr. vol. iii. p. , &c. obs. ast. pekini factæ. ant. hallerstein--curante max. hell. vindibonæ, .] , old stile. h ´ ´´ jan. , em. i sat. at the port of st. peter and paul. at pekin. ---------- difference of the meridian at pekin and the port ---------- h ´ ´´ jan. , imm. iii sat. at the port. at pekin. ---------- ---------- h ´ ´´ feb. , i sat. at the port. at pekin. ---------- ---------- h ´ ´´ feb. , em. i sat. ---------- ----------- and the longitude from paris to pekin being the difference of the meridians of paris and the port will be which differs only seconds from the determination of mr. maraldi. . old style. h ´ ´´ march , em. ii sat. at bolcheresk. at pekin. ----------- ----------- h ´ ´´ dec. , im. i sat. at bolcheresk. at pekin. ----------- difference of the meridians of pekin and bolcheresk ----------- h ´ ´´ by taking the medium the difference of the longitude between bolcheresk and pekin will be found to be between bolcheresk and paris which differs only one minute and one second from the determination of mr. maraldi. in order to call in question the conclusions drawn from the observations of krassilnikoff, monsieur de vaugondy pretends that the instruments and pendulums, which he made use of at kamtchatka, were much damaged by the length of the journey; and that the person who was sent to repair them was an unskilful workman. but this opinion seems to have been advanced without sufficient foundation. indeed krassilnikoff[ ] himself allows that his pendulum occasionally stopt, even when necessary to ascertain the true time of the observation. he admits therefore that the observations which he took under these disadvantages (when he could not correct them by preceding or subsequent observations of the sun or stars) are not to be depended upon, and has accordingly distinguished them by an asterisk; there are however a number of others, which were not liable to any exception of this kind; and the observations already mentioned in this number are comprised under this class. [footnote : nov. com. pet. iii. p. .] * * * * * if the arguments which have been already produced should not appear sufficiently satisfactory, we have the further testimony of mr. muller, who was in those parts at the same time with krassilnikoff, and who is the only competent judge of this matter now alive. for that respectable author has given me the most positive assurances, that the instruments were not damaged in such a manner as to effect the accuracy of the observations when in the hands of a skilful observer. [sidenote: accuracy of the russian geographers.] that the longitude of kamtchatka is laid down with sufficient accuracy by the russian geographers, will appear by comparing it with the longitude of yakutsk; for as the latter has been clearly established by a variety of observations, taken at different times and by different persons, if there is any error in placing kamtchatka so far to the east, it will be found in the longitude between yakutsk and bolcheresk. a short comparison therefore of some of the different observations made at yakutsk will help to settle the longitude of kamtchatka, and will still farther confirm the character of a skilful observer, which has been given to krassilnikoff. krassilnikoff in returning from kamtchatka observed at yakutsk several eclipses of the satellites of jupiter, of which the following are mentioned by him as the most exact. , old style. h ´ ´´ [ ]feb. . imm. i. sat. somewhat doubtful. . imm. ii. sat. } . imm. ii. sat. } mar. . imm. i. sat. } all exact. apr. . em. i. sat. } [footnote : nov. comm. petr. t. iii. p. .] the same eclipses, as calculated by the tables of mr. wargentin, for the meridian of paris, are as follow: h ´ ´´ h ´ ´´ feb. . imm. i. difference of . imm. i. the meridians . imm. ii. of paris-- mar. . imm. i. and yakutsk apr. . em. i. ---------- the mean of which is ---------- the observations of mr. islenieff[ ], made at yakutsk in the year , to which place he was sent to observe the transit of venus, have received the sanction of the imperial academy. the longitude which he fixes for yakutsk is ^h ´ ´´. this corresponds, to a sufficient degree of exactness, with the longitude inferred from, the observations of krassilnikoff. [footnote : for islenieff's observations at yakutsk, see nov. com. tom. xiv. part iii. p. to .] thus the longitude of yakutsk from paris being ^h ° ´´. or in degrees . and of bolcheresk , or in degrees ° ´ . the difference of the longitude of these two places, from astronomical observations, amounts to . or in degrees ° ´ . the latitude of bolcheresk is ° ´ ´´. and that of yakutsk ° ´ ´´. and the difference of their longitudes being from the preceding determination . the direct distance between the places measured on a great circle of the earth will appear by trigonometry to be ° ´. or about versts reckoning - / versts to a degree. this distance consists partly of sea, and partly of land; and a constant intercourse is kept up between the two places, by means of ochotsk, which lies between them. the distance by sea from bolcheresk to ochotsk is estimated by ships reckonings to be versts, and the distance by land from ochotsk to yakutsk is versts, making altogether . the direct distance deduced by trigonometry, (on a supposition that the difference of longitude between bolcheresk and yakutsk is ° ´.) is , falling short of by . a difference naturally to be expected from considering, that neither roads by land, or the course of ships at sea, are ever performed precisely on a great circle of the earth, which is the shortest line that can be drawn on the earth's surface between two places. by this agreement between the distance thus estimated, and that deduced by computation, on supposing the difference of longitude between yakutsk and bolcheresk to be ° ´. it seems very improbable, that there should be an error of many degrees in the astronomical determination. since then the longitude between fero and petersburgh is acknowledged to be °--that between petersburgh and yakutsk ° ´--and as the distance in longitude between yakutsk and bolcheresk cannot be materially less than ° ´. it follows that the longitude of bolcheresk from fero cannot be much less than ° ´. where then shall we find place for so great an error as degrees, which, according to mr. engel, or even of °. which, according to mons. vaugondy, is imputed to the russian geographers, in fixing the longitude of kamtchatka? from the isle of fero longitude of yakutsk of ochotsk of bolcheresk of the port of st. peter and paul [sidenote: longitude of the extreme parts of asia determined by the russians.] as no astronomical observations have been made further to the east than the port of st. peter and paul, it is impossible to fix, with any degree of certainty, the longitude of the north-eastern promontory of asia. it appears however from beering's and synd's coasting voyages towards tschukotskoi noss, and from other expeditions to the parts by land and sea, that the coast of asia in lat. . stretches at least ° . from the port, or to about ° longitude from the isle of fero. n^o iii. summary of the proofs tending to shew, that _beering_ and _tschirikoff_ either reached _america_ in , or came very near it. the coast which beering reached, and called cape st. elias, lay, according to his estimation, in °. ´. n. latitude, and in longitude °. from fero: the coast touched at by tschirikoff was situated in lat. °. long. °[ ]. [footnote : the reader will find the narrative of this voyage made by beering and tschirikoff in muller's account of the russian discoveries, s. r. g. iii. , &c.] [sidenote: arguments advanced by steller to prove that beering and tschirikoff discovered america.] steller, who accompanied beering in his expedition towards america, endeavours to prove, that they discovered that continent by the following arguments[ ]: the coasts were bold, presenting continued chains of high mountains, some of which were so elevated, that their tops were covered with snow, their sides were cloathed from the bottom to the top with large tracts of thick and fine wood[ ]. [footnote : see krashininikoff's account of kamtchatka, chap. x. french translation; chap. iv. english translation.] [footnote : the recent navigations in those seas strongly confirm this argument. for in general all the new discovered islands are quite destitute of trees; even the largest produce nothing but underwood, one of the most easterly kadyak alone excepted, upon which small willows and alders were observed growing in vallies at some distance from the coast. see p. .] steller went ashore, where he remained only a few hours; during which time he observed several species of birds which are not known in siberia: amongst these was the bird described by [ ]catesby, under the name of blue jay; and which has never yet been found in any country but north america. the soil was very different from that of the neighbouring islands, and at kamtchatka: and he collected several plants, which are deemed by botanists peculiar to america. [footnote : see catesby's natural history of florida, carolina, &c. this bird is called by linnæus corbus cristatus. i have seen, in mr. pennant's ms account of the history of the animals, birds, &c. of n. america, and the northern hemisphere, as high as lat. , an exact description of this bird. whenever that ingenious author, to whom we are indebted for many elegant and interesting publications, gives this part of his labours to the world, the zoology of these countries will be fully and accurately considered.] the following list of these plants was communicated to me by mr. pallas: i insert them however without presuming to decide, whether they are the exclusive growth of north america: the determination of this point is the province of botany. trillium erectum. fumaria cucullaria. a species of dracontium, with leaves like the canna indica. uvularia perfoliata. heuchera americana. mimulus luteus, a peruvian plant. a species of rubus, probably a variety of the rubus idæus, but with larger berries, and a large laciniated red calyx. none of these plants are found in kamtchatka, or in any of the neighbouring islands[ ]. [footnote : according to mr. pallas, the plants of the new-discovered islands are mostly alpine, like those of siberia; this he attributes to the shortness and coldness of the summer, occasioned by the frequency of the north winds. his words are: "quoique les hivres de ces isles soient assez temperés par l'air de la mer, de façon que les neiges ne couvrent jamais la terre que par intervalles, la plupart des plantes y sont alpines, comme en siberie, par la raison que l'eté y est tout aussi courte et froide, a cause des vents de nord qui y regnent." this passage is taken from a ms treatise in the french language, relative to the new-discovered islands communicated to me by my very learned and ingenious friend mr. pallas, professor of natural history at st. petersburg; from which i have been enabled to collect a considerable degree of information. this treatise was sent to mons. buffon; and that celebrated naturalist has made great use of it in the fifth volume of his supplement à l'histoire naturelle.] though these circumstances should not be considered as affording decisive proofs, that beering reached america; yet they will surely be admitted as strong presumptions, that he very nearly approached that continent[ ]. [footnote : the reader will recollect in this place, that the natives of the contiguous islands touched at by beering and tschirikoff "presented to the russians the calumet, or pipe of peace, which is a symbol of friendship universal among the people of north america, and an usage of arbitrary institution peculiar to them." see robertson's hist. am. vol. i. p. . s. r. g. iii. p. .] n^o iv. list of the principal charts representing the russian discoveries. the following is an authentic list of the principal charts of the russian discoveries hitherto published. it is accompanied with a few explanatory remarks. [sidenote: list of the charts of the russian discoveries]. . carte des nouvelles dècouvertes au nord de la mer du sud, tant à l'est de la siberie et du kamtchatka, qu'à l'ouest de la nouvelle france dressé sur les memoires de mr. de l'isle, par philippe buache, . a memoir relative to this chart was soon afterwards published, with the following title, explication de la carte des nouvelles dècouvertes au nord de la mer du sud par mr. de l'isle paris, , to. this map is alluded to, p. of this work. . carte des nouvelles dècouvertes entre la partie orientale de l'asie et l'occidentale de l'amerique, avec des vues sur la grande terre réconnue, par les russes, en , par phil. buache, . . nouvelle carte des dècouvertes faites par des vaisseaux russiens aux cotés inconnus de l'amerique septentrionale avec les pais adjacens, dressés sur les memoires authentiques de ceux qui ont assisté à ces dècouvertes, et sur d'autres connoissances; dont on rend raison dans un memoire separé: à st. petersburg, à l'academie imperiale des sciences, . . this map was published under the inspection of mr. muller, and is still prefixed to his account of the russian discoveries[ ]. the part which exhibits the new discovered isles and the coast of america, was chiefly taken from the chart of beering's expedition. accordingly that continent is represented as advancing, between and degrees of latitude, to within a small distance of kamtchatka. nor could there be any reason to suspect, that such experienced sailors as beering and tschirikoff had mistaken a chain of islands for promontories belonging to america, until subsequent navigators had actually sailed through that very part, which was supposed to be a continent. [footnote : this map was published by jefferys under the following title: "a map of the discoveries made by the russians on the north west coast of america, published by the royal academy of sciences at petersburg. republished by thomas jefferys, geographer to his majesty, ."] . a second chart published by the academy, but not under the inspection of mr. muller, bears the same title as the former. nouvelle carte des dècouvertes faites par des vaisseaux russiens aut côtés inconnus de l'amerique, &c. . it is for the most part a copy of a manuscript chart known in russia by the name of the chart of the promyshlenics, or merchant adventurers, and which was sketched from the mere reports of persons who had sailed to the new discovered islands. as to the size and position of the new discovered islands, this chart of the academy is extremely erroneous: it is however free from the above-mentioned mistake, which runs through all the former charts, namely, the representing of the coast of america, between and degrees of latitude, as contiguous to kamtchatka. it likewise removes that part of the same continent lying in latitude , from ° longitude to °, and in its stead lays down a large island, which stretches between latitude ° and ° ´, from ° longitude to °, to within a small distance of both continents. but whether this latter alteration be equally justifiable or not, is a question, the decision of which must be left to future navigators[ ]. [footnote : mr. muller has long ago acknowledged, in the most candid and public manner, the incorrectness of the former chart, as far as it relates to the part which represents america, as contiguous to kamtchatka: but he still maintains his opinion concerning the actual vicinity of the two continents in an higher latitude. the following quotation is taken from a letter written by mr. muller, in , of which i have a copy in my possession. "posterity must judge if the new chart of the academy is to be preferred to the former one for removing the continent of america (which is represented as lying near the coast of tschutski) to a greater distance. synd, who is more to be trusted than the promyschlenics, persists in the old system. he places america as near as before to tschukotskoi noss, but knows nothing of a large island called alashka, which takes up the place of the continent, and which ought to be laid down much more to the south or south east."] . carte du nouvel archipel du nord decouvert parles russes dans la mer de kamtchatka et d'anadir. this chart is prefixed to mr. stæhlin's account of the new northern archipelago. in the english translation it is called, a map of the new northern archipelago, discovered by the russians in the seas of kamtchatka and anadyr. it differs from the last mentioned chart only in the size and position of a few of the islands, and in the addition of five or six new ones, and is equally incorrect. the new discovered islands are classed in this chart into three groups, which are called the isles of anadyr[ ], the olutorian[ ] isles, and the aleütian isles. the two last mentioned charts are alluded to, p. of this work. [footnote : monsieur buffon has adopted the apellation and erroneous representation of the isles of anadyr, in his carte de deux regions polaires, lately published. see supplement à l'hist. nat. vol. v. p. .] [footnote : the olotorian isles are so named from the small river of olotora, which flows into the sea at kamtchatka, about latitude °. the following remarks upon this group of islands are taken from a letter of mr. muller mentioned in the last note. "this appellation of olutorian isles is not in use at kamtchatka. these islands, called upon this chart olutorians, lie according to the chart of the promyschlenics, and the chart of the academy, very remote from the river olutora: and it seems as if they were advanced upon this chart nearer to kamtchatka only in favour of the name. they cannot be situated so near that coast, because they were neither seen by beering in , nor by the promyschlenics, novikoff and bacchoff, when they sailed in from the anadyr to beering's island." see p. .] . an excellent map of the empire of russia, published by the geographical department of the academy of sciences at st. petersburg in , comprehends the greatest part of the new discovered islands. a reduced copy of this chart being prefixed to this work, i shall only mention the authorities from whence the compilers have laid down the new discovered islands. the aleütian isles are partly taken from beering's chart, partly from [ ]otcheredin's, whose voyage is related in the eleventh chapter, and partly from other ms. charts of different navigators. the islands near the coast of the tschutski are copied from synd's chart. the fox islands are laid down from the chart of otcheredin. the reader will perceive, that the position of the fox islands, upon this general map of russia, is materially different from that assigned to them in the chart of krenitzin's and levasheff's voyage. in the former they are represented as stretching between ° ´ north latitude, and ° and ° longitude from the isle of fero: in the latter they are situated between ° ´ and ° ´ latitude, and ° ´ and ° ´ longitude. according to the most recent accounts received from petersburg, the position given to them upon this general map is considerably too much to the north and east; consequently that assigned to them upon krenitzin's chart is probably the most to be depended upon. [footnote : i have a ms. copy of otcheredin's chart in my possession; but as the fox islands, in the general map of russia, are copied from thence, the reader will find them laid down upon the reduced map prefixed to this work. the anonymous author of the account of the russian discoveries, of whose work i have given a translation in part i. seems to have followed, in most particulars, otcheredin's chart and journal for the longitude, latitude, size, and position of the new discovered islands. for this reason, i should have had his chart engraved if the fox islands upon the general map had not been taken from thence: there seemed no occasion therefore for increasing the expence of this work, already too great from the number of charts, by the addition of another not absolutely necessary.] . carte des dècouvertes russes dans la mer orientale et en amerique, pour servir à l'essai[ ] sur le commerce de russie, , amsterdam. it is natural to expect, that a chart so recently published should be superior to all the preceding ones; whereas, on the contrary, it is by far the most incorrect representation of the new discovered islands which has yet appeared. [footnote : the twelfth chapter of this essay relates to the discoveries and commerce of the russians in the eastern ocean. the account of the russian discoveries is a translation of mr. stæhlin's description of the new northern archipelago. in addition, he has subjoined an account of kamtchatka, and a short sketch of the russian commerce to the new discovered islands, and to america. if we may believe the author of this essay, the russians have not only discovered america, but they also every year form occasional settlements upon that continent, similar to those of the europeans in newfoundland. his words are: "il est donc certain, que les russes ont dècouvert le continent de l'amérique; mais on peut assurer qu'ils n'y ont encore aucun port, aucun comptoir. il en est des établissements de cette nation dans la grande terre, comme de ceux des nations européennes dans l'isle de terre neve. ses vaisseaux ou frégates arrivent en amèrique; leurs equipages et les cosaques chasseurs s'etablissent sur la côte; les uns se retranchent, et les autres y font la chasse et la pêche du chien marin et du narval. ils reviennent ensuite au kamtchatka, après avoir été relevès par d'autres frégates sur les mêmes parages, ou à des distances plus ou moins eloignés, &c. &c." see essai sur le commerce de la russie, p. - . thus the publick is imposed upon by fictitious and exaggerated accounts.] n^o v. position of the _andreanoffsky isles_ ascertained--number of the _aleütian isles_. [sidenote: position of the andreanoffsky isles.] when the anonymous author published his account of the russian discoveries in , the position of the andreanoffsky isles was not ascertained. it was generally supposed, that they formed part of that cluster of islands, which synd[ ] fell in with in his voyage towards tschukotskoi noss; and buffon[ ] represents them to be the same with those laid down in stæhlin's chart, under the name of anadirsky isles. the anonymous author in the passage here referred to, supposes them to be n. e. of the aleütian isles; "at the distance of or versts; that their direction is probably east and west, and that some of them may unite with that part of the fox islands which are most contiguous to the opposite continent." this conjecture was advanced upon a supposition that the andreanoffsky isles lay near the coast of the tschutski; and that some of the fox islands were situated in latitude , as they are laid down upon the general map of russia. but according to subsequent information, the andreanoffsky isles lie between the aleütian and the fox islands, and complete the connection between kamtchatka and america[ ]. their chain is supposed to begin in about latitude , near the most easterly of the aleütian isles, and to extend in a scattered series towards the fox islands. the most north easterly of these islands are said to be so near the most southerly of the fox islands, that they seem occasionally to have been taken for them. an instance of this occurs in p. and of this work; where atchu and amlach are reckoned among the fox islands. it is however more probable, that they are part of the group called by the aleütian chief negho[ ], and known to the russians under the name of andreanoffsky islands, because they were supposed to have been first discovered by andrean tolstyk, whose voyage is related in the seventh chapter of the first part. [footnote : see n^o ix. of this appendix.] [footnote : isles anadyr ou andrien. supp. vol. v. p. .] [footnote : p. . some of the remoter islands are said to be e. s. e. of the aleütian isles; these must be either part of the andreanoffsky isles, or the most southerly of the fox islands.] [footnote : see n^o viii. of this appendix.] [sidenote: number of the aleütian isles.] i take this opportunity of adding, that the anonymous author, in describing the aleütian isles, both in the first and last chapter of the account of the russian discoveries, mentions only three; namely, attak, semitshi, shemiya. but the aleütian isles consist of a much larger number; and their chain includes all the islands comprehended by the islander in the two groups of khao and sasignan[ ]. many of them are laid down upon the general map of russia; and some of them are occasionally alluded to in the journals of the russian voyages[ ]. [footnote : see n^o viii.] [footnote : see p. , and particularly p. , where some of these islands are mentioned under the names of ibiya, kiska, and olas.] n^o vi. conjectures concerning the proximity of the _fox islands_ to the continent of _america_. the anonymous author, in the course of his account of the russian discoveries, has advanced many proofs drawn from natural history, from which he supposes the fox islands to be at a small distance from the continent of america: hence he grounds his conjecture, that "the time is not far distant when some of the russian navigators will fall in with that coast." [sidenote: proofs of the vicinity of the fox islands to america.] the small willows and alders which, according to glottoff, were found growing upon kadyak, do not appear to have been sufficient either in size or quantity to ascertain, with any degree of certainty, the close vicinity of that island to america. river-otters, wolves, bears, and wild boars, which were observed upon the same island, will perhaps be thought to afford a stronger presumption in favour of a neighbouring continent; martens were also caught there, an animal which is not known in the eastern ports of siberia, nor found upon any of the other islands. all the above mentioned animals, martens alone excepted, were seen upon alaksu, which is situated more to the north east than kadyak, and also rein-deers and wild dogs. to these proofs drawn from natural history, we must add the reports of a mountainous country covered with forests, and of a great promontory called atachtak, lying still more to the n. e. which were prevalent among the inhabitants of alaksu and kadyak. although these circumstances have been already mentioned[ ], yet i have thought proper to recapitulate them here, in order to lay before the reader in one point of view the several proofs advanced by the anonymous author, which seem to shew, that the fox islands are situated near america. many of them afford, beyond a doubt, evident signs of a less open sea; and give certain marks of a nearer approach towards the opposite continent. but how far that distance may be supposed, must be left to the judgment of the reader; and remains to be ascertained by subsequent navigators. all that we know for certain, is, that as far as any russian vessels have hitherto sailed, a chain of islands has been discovered lying e. or n. e. by e. from kamtchatka, and stretching towards america. part of this chain has only been touched at; the rest is unknown; and all beyond is uncertainty and conjecture. [footnote : see p. and - - - .] n° vii. _of the tschutski--reports of the vicinity of_ america _to their coast, first propagated by them, seem to be confirmed by late accounts from those parts._ [sidenote: the tschutski.] the tschutski, it is well known, inhabit the north eastern part of siberia; their country is a small tract of land, bounded on the north by the frozen sea, on the east by the eastern ocean; on the south it borders upon river anadyr, and on that of kovyma to the west. the n. e. cape of this country is called tschukotskoi-noss, or the promontory of the tschutski. its inhabitants are the only people of siberia who have not yet been subdued by the russians. the anonymous author agrees with mr. muller in supposing, that america advances to within a small distance of the coast of the tschutski; which he says "is confirmed by the latest accounts procured from these parts." the first intelligence concerning the supposed vicinity between asia and america was derived from the reports of the tschutski in their intercourse with the russians. vague and uncertain accounts, drawn from a barbarous people, cannot deserve implicit credit; but as they have been uniformly and invariably propagated by the inhabitants of those regions from the middle of the last century to the present time, they must merit at least the attention of every curious enquirer. [sidenote: the reports concerning the proximity of america to their coast.] these reports were first related in muller's account of the russian discoveries, and have been lately thought worthy of notice by dr. robertson[ ], in his history of america. their probability seems still further increased by the following circumstances. one plenisner, a native of courland, was appointed commander of ochotsk, in the year , with an express order from the court to proceed as far as [ ] anadirsk, and to procure all possible intelligence concerning the north eastern part of siberia, and the opposite continent. in consequence of this order plenisner repaired to anadirsk, and proceeded likewise to kovimskoi ostrog: the former of these russian settlements is situated near the southern; the latter near the western limits of the tschutski. not content however with collecting all the information in his power from the neighbouring koriacs, who have frequent intercourse with the tschutski; he also sent one daurkin into their country. this person was a native tschutski, who had been taken prisoner, and bred up by the russians: he continued two years with his countrymen, and made several expeditions with them to the neighbouring islands, which lie off the eastern coast of siberia. [footnote : hist. of america, vol. i. p. - .] [footnote : anadirsk has been lately destroyed by the russians themselves.] the sum of the intelligence brought back by this daurkin was as follows: that tschukotskoi-noss is a very narrow peninsula; that the tschutski carry on a trade of barter with the inhabitants of america; that they employ six days in passing the strait which separates the two continents: they direct their course from island to island, and the distance from the one to the other is so small, that they are able to pass every night ashore. more to the north he describes the two continents as approaching still nearer to each other, with only two islands lying between them. this intelligence remarkably coincided with the accounts collected by plenisner himself among the koriacs. plenisner returned to petersburg in , and brought with him several [ ]maps and charts of the north eastern parts of siberia, which were afterwards made use of in the compilation of the general map of russia, published by the academy in [ ]. by these means the country of the tschutski has been laid down with a greater degree of accuracy than heretofore. these are probably the late accounts from those parts which the anonymous author alludes to. [footnote : the most important of these maps comprehends the country of the tschutski, together with the nations which border immediately upon them. this map was chiefly taken during a second expedition made by major pauloffsky against the tschutski; and his march into that country is traced upon it. the first expedition of that russian officer, in which he penetrated as far as tschukotskoi-noss, is related by mr. muller, s. r. g. iii. p. -- . we have no account of this second expedition, during which he had several skirmishes with the tschutski, and came off victorious; but upon his return was surprised and killed by them. this expedition was made about the year .] [footnote : this detail i procured during my continuance at petersburg from several persons of credit, who had frequently conversed with plenisner since his return to the capital, where he died in the latter end of the year .] n^o viii. list of the new-discovered islands, procured from an _aleütian_ chief--catalogue of islands called by different names in the account of the _russian_ discoveries. [sidenote: mr. muller divides the new-discovered islands into four groups.] the subsequent list of the new-discovered islands was procured from an aleütian chief brought to petersburg in , and examined at the desire of the empress by mr. muller, who divides them into four principal groups. he regulates this division partly by a similarity of the language spoken by the inhabitants, and partly by vicinity of situation. [sidenote: first group, called sasignan.] the first group[ ], called by the islander sasignan, comprehends, . beering's island. . copper island. . otma. . samya, or shemiya. . anakta. [footnote : these two first groups probably belong to the aleütian isles.] [sidenote: khao, the second group.] the second group is called khao, and comprises eight islands: . immak. . kiska. . tchetchina. . ava. . kavia. . tschagulak. . ulagama. . amtschidga. [sidenote: negho, the third group.] the third general name is negho, and comprehends the islands known by the russians under the name of andreanoffskye ostrova: sixteen were mentioned by the islander, under the following names: . amatkinak. . ulak. . unalga. . navotsha. . uliga. . anagin. . kagulak. . illask, or illak. . takavanga, upon which is a volcano. . kanaga, which has also a volcano. . leg. . shetshuna. . tagaloon: near the coasts of the three last mentioned islands several small rocky isles are situated. . an island without a name, called by the russians goreloi[ ]. . atchu. . amla. [footnote : goreloi is supposed by the russian navigators to be the same island as atchu, and is reckoned by them among the fox islands. see part i. p. . and n^o v. of this appendix.] [sidenote: kavalang, the fourth group.] the fourth group is denominated kavalang; and comprehends sixteen islands: these are called by the russians lyssie ostrova, or the fox islands. . amuchta. . tschigama. . tschegula. . unistra. . ulaga. . tana-gulana. . kagamin. . kigalga. . schelmaga. . umnak. . aghun-alashka. . unimga. at a small distance from unimga, towards the north, stretches a promontory called by the islanders the land of black foxes, with a small river called alashka, which empties itself opposite to the last-mentioned island into a gulf proper for a haven. the extent of this land is not known. to the south east of this promontory lie four little islands. . uligan. . antun-dussume. . semidit. . senagak. [sidenote: islands called by different names in the russian journals.] many of these names are neither found in the journals or charts; while others are wanting in this list which are mentioned in both journals and charts. nor is this to be wondered at; for the names of the islands have been certainly altered and corrupted by the russian navigators. sometimes the same name has been applied to different islands by the different journalists; at other times the same island has been called by different names. several instances of these changes seem to occur in the account of the russian discoveries: namely, att, attak, and ataku. shemiya and sabiya. atchu, atchak, atach, goreloi or burned island. amlach, amlak, amleg. ayagh, kayachu. alaksu, alagshak, alachshak. aghunalashka, unalashka. n^o ix. voyage of lieutenant _synd_ to the north east of _siberia_--he discovers a cluster of islands, and a promontory, which he supposes to belong to the continent of _america_, lying near the coast of the _tschutski_. in lieutenant synd sailed from ochotsk, upon a voyage of discovery towards the continent of america. he was ordered to take a different course from that held by the late russian vessels, which lay due east from the coast of kamtchatka. as he steered therefore his course more to the north east than any of the preceding navigators, and as it appears from all the voyages related in the first part of this work[ ], that the vicinity of america is to be sought for in that quarter alone, any accurate account of this expedition would not fail of being highly interesting. it is therefore a great mortification to me, that, while i raise the reader's curiosity, i am not able fully to satisfy it. the following intelligence concerning this voyage is all which i was able to procure. it is accompanied with an authentic chart. [footnote : see p. .] [illustration: chart of synd's _voyage toward tschukotskoi noss_.] in synd put to sea from the port of ochotsk, but did not pass (we know not by what accident) the southern cape of kamtchatka and shushu, the first kuril isle, before . he then steered his course north at no great distance from the coast of the peninsula, but made very little progress that year, for he wintered south of the river uka. the following year he sailed from ukinski point due east and north east, until he fell in with a cluster of islands[ ] stretching between and degrees of latitude, and ° and ° longitude. these islands lie south east and east of the coast of the tschutski; and several of them are situated very near the shore. besides these small islands, he discovered also a mountainous coast lying within one degree of the coast of the tschutski, between and north latitude; its most western extremity was situated in longitude ° ´ from ochotsk, or ° ´ from fero. this island is laid down in his chart as part of the continent of america; but we cannot determine upon what proofs he grounds this representation, until a more circumstantial account of his voyage is communicated to the public. synd seems to have made but a short stay ashore. instead of endeavouring to survey its coasts, or of steering more to the east, he almost instantly shaped his course due west towards the course of the tschutski, then turned directly south and south west, until he came opposite to chatyrskoi noss. from that point he continued to coast the peninsula of kamtchatka, doubled the cape, and reached ochotsk in . [footnote : these are certainly some of the islands which the tschutski resort to in their way to what they call the continent of america.] n^o x. specimen of the aleütian language. sun agaiya moon tughilag wind katshik water tana fire kighenag earth hut oollae chief toigon man taiyaga wood yaga shield kuyak sea otter tscholota name of the nation. kanagist. one tagatak two alag three kankoos four setschi five tshaw six atoo seven ooloo eight kapoé nine shiset ten. asok. it is very remarkable, that none of these words bear the least resemblance to those of the same signification, which are found in the different dialects spoken by the koriaks, kamtchadals, and the inhabitants of the kuril isles. n^o xi. attempts of the _russians_ to discover a north east passage--voyages from _archangel_ towards the _lena_--from the _lena_ towards _kamtchatka_--extract from _muller's_ account of _deschneff's_ voyage round _tschukotskoi noss_--narrative of a voyage made by _shalauroff_ from the _lena_ to _shelatskoi noss_. the only communication hitherto known between the atlantic and pacific oceans, or between europe and the east indies, is made either by sailing round the cape of good hope, or by doubling cape horn. but as both these navigations are very long and dangerous, the great object of several late european voyages has been turned towards the discovery of a north east or a north west passage. as this work is entirely confined to the russian navigations, any disquisition concerning the north west passage is totally foreign to the purpose; and for the same reason in what relates to the north east, these researches extend only to the attempts of the russians for the discovery of that passage. the advocates for the north east passage have divided that navigation into three principal parts; and by endeavouring to shew that these three parts have been passed at different times, they conclude from thence, that the whole when taken collectively is practicable. these three parts are, . from archangel to the lena; . from the lena to kamtchatka; . from kamtchatka to japan. with respect to the latter, the connection between the seas of kamtchatka and japan first appeared from some japanese vessels, which were wrecked upon the coast of kamtchatka in the beginning of this century; and this communication has been unquestionably proved from several voyages made by the russians from kamtchatka to japan[ ]. [footnote : s. r. g. iii. p. , and p. , &c.] no one ever asserted that the first part from archangel to the lena was ever performed in one voyage; but several persons having advanced that this navigation has been made by the russians at different times, it becomes necessary to examine the accounts of the russian voyages in those seas. [sidenote: voyages from archangel to the yenisèi.] in lieutenant morovieff sailed from archangel toward the river oby; and got no farther the first year than the mouth of the petchora. the next summer he passed through the straits ef weygatz into the sea of kara; and coasted along the eastern side of that sea, as high as latitude ° ´, but did not double the promontory which separates the sea of kara from the bay of oby. in , the lieutenants malgyin and skurakoff doubled that promontory with great difficulty, and entered the bay of oby. during these expeditions the navigators met with great dangers and impediments from the ice. several unsuccessful attempts were made to pass from the bay of oby to the yenisèi, which was at last effected, in , by two vessels commanded by lieutenants offzin and koskeleff. [sidenote: unsuccessful attempt to pass from the yenisèi to the lena.] the same year the pilot feodor menin sailed from the yenisèi rowards the lena: he steered north as high as lat. °. ´. and when he came to the mouth of the piasida he was stopped by the ice; and finding it impossible to force a passage, he returned to the yenisèi[ ]. [footnote : p. to .] [sidenote: voyage of prontshistsheff from the lena towards the yenisèi.] july, , lieutenant prontshistsheff sailed from yakutsk up the lena to its mouth, in order to pass from thence by sea to the yenisèi. the western mouths of the lena were so choaked up with ice, that he was obliged to pass through the most easterly one; and was prevented by contrary winds from getting out until the th of august. having steered north west along the islands which lie scattered before the mouths of the lena, he found himself in lat. ° ´. he saw much ice to the north and north east; and observed ice-mountains from twenty-four to sixty feet in height. he steered betwixt the ice, which in no place left a free channel of greater breadth than an hundred or two hundred yards. the vessel being much damaged, on the st of september he ran up the mouth of the olenek, which, according to his estimation, lies in ° ´, near which place he passed the winter[ ]. [footnote : gmelin reise, ii. to .] he got out of the olenek the beginning of august in the following year; and arrived on the third at the mouth of the anabara, which he found to lie in lat. ° ´. there he continued until the th, while some of the crew went up the country in search of some mines. on the th he proceeded on his voyage: before he reached the mouth of the chatanga he was so entirely surrounded and hemmed in with ice, that it was not without great difficulty and danger he was able to get loose. he then observed a large field of ice stretching into the sea, on which account he was obliged to continue near the shore, and to run up the chatanga. the mouth of this river was in lat ° ´. from thence he bent his course mostly northward along the shore, until he reached the mouth of the taimura on the th. he then proceeded further, and followed the coast towards the piasida. near the shore were several small islands, between which and the land the ice was immovably fixed. he then directed his course toward the sea, in order to pass round the chain of islands. at first he found the sea more free to the north of the islands, while he observed much ice lying between them. he came at length to the last island, situated in lat. ° ´. between this island and the shore, as well as on the other side of the island which lay most to the north, the ice was firm and immovable. [sidenote: prevented by a chain of islands and the ice from getting to the yenisèi] he attempted however to steer still more to the north; and having advanced about six miles, he was prevented by a thick fog from proceeding: this fog being dispersed, he saw on each side, and before him, nothing but ice; that towards the sea was not fixed; but the accumulated masses were all so close, that the smallest vessel could not have worked its way through. still attempting however to pass to the north; he was forced by the ice n. e. apprehensive of being hemmed in, he returned to the taimura; and from thence got, with much difficulty and danger, to the olenek, on the th of august. this narrative of prontshistsheff's expedition is extracted from the account of professor[ ] gmelin: according to mr. muller[ ], who has given a cursory relation of the same voyage, prontshistsheff did not quite reach the mouth of the taimura; for he there found the chain of islands stretching from the continent far into the sea. the channels between the islands were so choaked up with ice, that it was impossible to force a passage: after steering as high as lat. ° ´, he found such a plain of fixed ice before him, that he had no prospect of getting any farther. accordingly he returned to the olenek. [footnote : gmelin reise, vol. ii. p. to p. .] [footnote : s. r. g. iii. p. , .] another attempt was made to pass from the lena to the yenisèi in , by chariton laptieff, with equal bad success; and he relates, that between the rivers piasida and taimura, a promontory stretches into the sea which he could not double, the sea being entirely frozen up before he could pass round[ ]. [footnote : gmelin reise, p. . mr. muller says only, that laptieff met with the same obstacles which forced prontshistsheff to return. s. r. g. iii. p. .] [sidenote: cape between the rivers chatanga and piasida never yet doubled.] from all these circumstances we must collect, that the whole space between archangel and the lena has never yet been navigated; for in going east from the yenisèi the russians could get no farther than the mouth of the piasida; and, in coming west from the lena, they were stopped, according to gmelin, north of the piasida; and, according to muller, east of the taimura. the russians, who sail almost annually from archangel, and other towns, to nova zemla, for the purpose of catching sea-horses, seals, and white bears, make to the western coast; and no russian vessel has ever passed round its north eastern extremity[ ]. [footnote : although this work is confined to the russian discoveries, yet as the n. e. passage is a subject of such interesting curiosity, it might seem an omission in not mentioning, that several english and dutch vessels have passed through the straits of weygatz into the sea of kara; they all met with great obstructions from the ice, and had much difficulty in getting through. see histoire gen. des voyages, tome xv. passim. in heemskirk and barentz, after having sailed along the western coast of nova zemla, doubled the north eastern cape lying in latitude ° , and got no lower along the eastern coast than °, where they wintered. see an account of this remarkable voyage in girard le ver's vraye description de trois voyages de mer, p. to ; and hist. gen. des voy. tom. xv. p. to . no vessel of any nation has ever passed round that cape, which extends to the north of the piasida, and is laid down in the russian charts in about ° latitude. we have already seen that no russian vessel has ever got from the piasida to the chatanga, or from the chatanga to the piasida; and yet some authors have positively asserted, that this promontory has been sailed round. in order therefore to elude the russian accounts, which clearly assert the contrary, it is pretended, that gmelin and muller have purposely concealed some parts of the russian journals, and have imposed upon the world by a misrepresentation of facts. but without entering into any dispute on this head, i can venture to affirm, that no sufficient proof has been as yet advanced in support of this assertion; and therefore until some positive information shall be produced, we cannot deny plain facts, or give the preference to hearsay evidence over circumstantial and well attested accounts. mr. engel has a remarkable passage in his essai sur une route par la nord est, which it may be proper to consider in this place, because he asserts in the most positive manner, that two dutch vessels formerly passed three hundred leagues to the north east of nova zemla; from thence he infers that they must have doubled the above-mentioned cape, which extends to the north of the piasida, and have got at least as far east as the mouth of the olenek. his words are l'illustre societé royale, sous l'an , rapporte ce voyage et dit, que peu d'années auparavant une societé de merchands d'amsterdam avoit fait une tentative pour chercher le passage du nord est, et équippa deux vaisseaux les quels etant passé au septante neuf ou huitantieme degrè de latitude, avoient poussè selon wood, jusqu' à trois cent lieues à l'est de la nouvelle zemble, &c. &c. upon this fact he founds his proof that the navigation from archangel to the lena has been performed. par consequent cette partie de la route a èté faite. he rests the truth of this account on the authority of the philosophical transactions, and of captain wood, who sailed upon a voyage for the discovery of the north east passage in . the latter, in the relation of his voyage, enumerates several arguments which induced him to believe the practicability of the north east passage.--"the seventh argument," he says, "was another narration, printed in the transactions, of two ships of late that had attempted the passage, sailed leagues to the eastward of nova zemla, and had after prosecuted the voyage, had there not a difference arose betwixt the undertakers and the east-india company." we here find that captain wood refers to the philosophical transactions for his authority. the narration printed in the transactions, and which is alluded to by both captain wood and mr. engel, is to be found in vol. ix. of the philosophical transactions, p. , for december, . it consists of a very curious "narrative of some observations made upon several voyages, undertaken to find a way for sailing about the north to the east-indies; together with instructions given by the dutch east-india company for the discovery of the famous land of jesso near japan." these instructions were, in , given to martin geritses vries, captain of the ship castricum, "who set out to discover the unknown eastern coast of tartary, the kingdom of catay, and the west coast of america, together with the isles situate to the east of japan, cried up for their riches of gold and silver." these instructions contain no relation of two dutch vessels, who passed leagues east of nova zemla. mention is made of two dutch vessels, "who were sent out in the year , under the command of captain kwast, to discover the east coast of the great tartary, especially the famous gold and silver islands; though, by reason of several unfortunate accidents, they both returned re infectà." short mention is afterwards made of captain kwast's journal, together with the writings of the merchants who were with him, as fallows: "that in the south sea, at the - / degrees northern latitude, and about spanish, or dutch miles, that is, degrees longitude east of japan, there lay a very great and high island, inhabited by a white, handsome, kind and civilized people, exceedingly opulent in gold and silver, &c. &c." from these extracts it appears, that, in the short account of the journals of the two dutch vessels, no longitude is mentioned to the east of nova zemla; but the discoveries of kwast were made in the south sea, to which place he, as well as captain vries afterwards, must have sailed round the cape of good hope. the author of the narrative concludes, indeed, that the n. e. passage is practicable, in the following words: "to promote this passage out of the east-indies to the north into europe, it were necessary to sail from the east-indies to the westward of japan, all along corea, to see how the sea-coasts trend to the north of the said corea, and with what conveniency ships might sail as far as nova zemla, and to the north of the same. where our author saith, that undoubtedly it would be found, that having passed the north corner of nova zemla, or, through weygatz, the north end of yelmer land, one might go on south-eastward, and make a successful voyage." but mere conjectures cannot be admitted as evidence. as we can find no other information relative to the fact mentioned by captain wood and mr. engel, (namely, that two dutch vessels have passed leagues to the east of nova zemla) that we have no reason to credit mere assertions without proof: we may therefore advance as a fact, that hitherto we have no authentic account, that any vessel has ever passed the cape to the east of nova zemla, which lies north of the river piasida. see relation of wood's voyage, &c. in the account of several late voyages and discoveries to the south and north, &c. london, , p. . see also engel, mem. et obs. geog. p. to . i should not have swelled my book with this extract, if the english translation of mr. muller's work was not extremely erroneous in some material passages. s. r. g. iii. p. - .] [sidenote: attempts of the russians to pass from the lena to kamtchatka.] the navigation from the lena to kamtchatka now remains to be considered. if we may believe some authors, this navigation has been open for above a century and an half; and several vessels have at different times passed round the north eastern extremity of asia. but if we consult the russian accounts, we shall find, that frequent expeditions have been unquestionably made from the lena to the kovyma; but that the voyage from the kovyma round tschukotskoi noss, into the eastern ocean, has been performed but once. according to mr. muller, this formidable cape was doubled in the year . the material incidents of this remarkable voyage are as follow. [sidenote: narrative of deshneff's voyage round tschukotskoi-noss.] "in seven kotches or vessels sailed from the mouth or the river kovyma[ ], in order to penetrate into the eastern ocean. of these, four were never more heard of: the remaining three were commanded by simon deshneff, gerasim ankudinoff, two chiefs of the cossacs, and fedot alexeeff, the head of the promyshlenics. deshneff and ankudinoff quarrelled before their departure: this dispute was owing to the jealousy of deshneff, who was unwilling that ankudinoff should share with him the honour, as well as the profits, which might result from the expected discoveries. each vessel was probably manned with about thirty persons; ankudinoff's, we certainly know, carried that number. deshneff promised before-hand a tribute of seven fables, to be exacted from the inhabitants on the banks of anadyr; so sanguine were his hopes of reaching that river. this indeed he finally effected; but not so soon, nor with so little difficulty, as he had presumed. [footnote : mr. muller calls it kolyma.] on the th of june, , the three vessels sailed upon this remarkable expedition from the river kovyma. considering the little knowledge we have of the extreme regions of asia, it is much to be regretted, that all the incidents of this voyage are not circumstantially related. deshneff[ ], in an account of his expedition sent to yakutsk, seems only as it were accidentally to mention his adventures by sea: he takes no notice of any occurrence until he reached the great promontory of the tschutski; no obstructions from the ice are mentioned, and probably there were none; for he observes upon another occasion, that the sea is not every year so free from ice as it was at this time. he commences his narrative with a description of the great promontory: "it is," says he, "very different from that which is situated west of the kovyma, near the river tschukotskia. it lies between north and north east, and bends, in a circular direction, towards the anadyr. it is distinguished on the russian (namely, the western) side, by a rivulet which falls into the sea, close to which the tschutski have raised a pile, like a tower, with the bones of whales. opposite the promontory, (it is not said on which side), are two islands, on which he observed people of the nation of the tschutski, who had pieces of the sea-horse tooth thrust into holes made in their lips. with a good wind it is possible to sail from this promontory to the anadyr in three days; and the journey by land may be performed in the same space of time, because the anadyr falls into a bay." ankudinoff's kotche was wrecked on this promontory, and the crew was distributed on board the two remaining vessels. on the th of september deshneff and fedot alexeef went on shore, and had a skirmish with the tschutski, in which alexeef was wounded. the two vessels soon afterwards lost sight of each other, and never again rejoined. deshneff was driven about by tempestuous winds until october, when he was shipwrecked (as it appears from circumstances), considerably to the south of the anadyr, not far from the river olutora. what became of fedot alexeff and his crew will be mentioned hereafter. deshneff and his companions, who amounted to twenty-five persons, now sought for the anadyr; but being entirely unacquainted with the country, ten weeks elapsed before they reached its banks at a small distance from its mouth: here he found neither wood nor inhabitants, &c. [footnote : in order thoroughly to understand this narrative, it is necessary to inform the reader, that the voyage made by deshneff was entirely forgotten, until the year , when mr. muller found, in the archives of yakutsk, the original accounts of the russian navigations in the frozen ocean. these papers were extracted, under his inspection, at yakutsk, and sent to petersburg; where they are now preserved in the library belonging to the imperial academy of sciences: they consist of several folio volumes. the circumstances relating to deshneff are contained in the second volume. soliverstoff and stadukin, having laid claim to the discovery of the country on the mouth of the anadyr, had asserted, in consequence of this claim, that they had arrived there by sea, after having doubled tschukotskoi noss. deshneff, in answer, sent several memorials, petitions, and complaints, against stadukin and soliverstoff, to the commander of yakutsk, in which he sets forth, that he had the sole right to that discovery, and refutes the arguments advanced by the others. from these memorials mr. muller has extracted his account of deshneff's voyage. when i was at petersburg i had an opportunity of seeing these papers: and as they are written in the russian language, i prevailed upon my ingenious friend mr. pallas to inspect the part which relates to deshneff. accordingly mr. pallas, with his usual readiness to oblige, not only compared the memorials with mr. muller's account, but even took the trouble to make some extracts in the most material passages: these extracts are here subjoined; because they will not only serve to confirm the exactness of mr. muller; but also because they tend to throw some light on several obscure passages. in one of deshneff's memorials he says, "to go from the river kovyma to the anadyr, a great promontory must be doubled, which stretches very far into the sea: it is not that promontory which lies next to the river tschukotskia. stadukin never arrived at this great promontory: near it are two islands, whose inhabitants make holes in their under-lips, and insert therein pieces of the sea-horse tush, worked into the form of teeth. this promontory stretches between north and north east: it is known on the russian side by the little river stanovie, which flows into the sea, near the spot where the tschutski have erected a heap of whale-bones like a tower. the coast from the promontory turns round towards the anadyr, and it is possible to sail with a good wind from the point to that river in three days and nights, and no more: and it will take up no more time to go by land to the same river, because it discharges itself into a bay." in another memorial deshneff says, "that he was ordered to go by sea from the indigirka to the kovyma; and from thence with his crew to the anadyr, which was then newly discovered. that the first time he sailed from the kovyma, he was forced by the ice to return to that river; but that next year he again sailed from thence by sea, and after great danger, misfortunes, and with the loss of part of his shipping, arrived at last at the mouth of the anadyr. stadukin having in vain attempted to go by sea, afterwards ventured to pass over the chain of mountains then unknown; and reached by that means the anadyr. soliverstoff and his party, who quarrelled with deshneff, went to the same place from the kovyma by land; and the tribute was afterwards sent to the last mentioned river across the mountains, which were very dangerous to pass amidst the tribes of koriacs and yukagirs, who had been lately reduced by the russians." in another memorial deshneff complains bitterly of soliverstoff; and asserts, "that one severka martemyanoff, who had been gained over by soliverstoff, was sent to yakutsk, with an account that he (soliverstoff) had discovered the coasts to the north of the anadyr, where large numbers of sea-horses are found." deshneff hereupon says, that soliverstoff and stadukin never reached the rocky promontory, which is inhabited by numerous bodies of the tichutski; over against which are islands whose inhabitants wear artificial teeth thrust through their under lips. this is not the first promontory from the river kovyma, called svatoi noss; but another far more considerable, and very-well known to him (deshneff), because the vessel of ankunidoff was wrecked there; and because he had there taken prisoners some of the people, who were rowing in their boats; and seen the islanders with teeth in their lips. he also well knew, that it was still far from that promontory to the river anadyr.] the following year he went further up the river, and built anadirskoi ostrog: here he was joined by some russians on the th of april, , who came by land from the river kovyma. in , deshneff having constructed a vessel, sailed down the anadyr as far as its mouth, and observed on the north side a sand bank, which stretched a considerable way into the sea. a sand bank of this kind is called, in siberia, korga. great numbers of sea-horses were found to resort to the mouth of the anadyr. deshneff collected several of their teeth, and thought himself amply compensated by this acquisition for the trouble of his expedition. in the following year, deshneff ordered wood to be felled for the purpose of constructing a vessel, in which he proposed sending the tribute which he had collected by sea to yakutsk[ ]. but this design was laid aside from the want of other materials. it was also reported, that the sea about tschukotskoi noss was not every year free from ice. [footnote : that is, by sea, from the mouth of the anadyr, round tschukotskoi noss to the river lena, and then up that river to yakutsk.] another expedition was made in to the korga, for the purpose of collecting sea-horse teeth. a cossac, named yusko soliverstoff, was one of the party, the same who had not long before accompanied the cossac michael stadukin, upon a voyage of discovery in the frozen sea. this person was sent from yakutsk to collect sea-horse teeth, for the benefit of the crown. in his instructions mention is made of the river yentshendon, which falls into the bay of penshinsk, and of the anadyr; and he was ordered to exact a tribute from the inhabitants dwelling near these rivers; for the adventures of deshneff were not as yet known at yakutsk. this was the occasion of new discontents. soliverstoff claimed to himself the discovery of the korga, as if he had sailed to that place in his voyage with stadukin in . deshneff, however, proved that soliverstoff had not even reached tschukotskoi noss, which he describes as nothing but bare rock, and it was but too well known to him, because the vessel of ankudinoff was ship-wrecked there. "tschukotskoi noss," adds deshneff, "is not the first promontory which presents itself under the name of svatoi noss[ ]. it is known by the two islands situated opposite to it, whose inhabitants (as is before-mentioned) place pieces of the sea-horse tush into holes made in their lips. deshneff alone had seen these people, which neither stadukin nor soliverstoff had pretended to have done: and the korga, or sand-bank, at the mouth of the river anadyr, was at some distance from these islands." [footnote : we may collect from deshneff's reasoning, that soliverstoff, in endeavouring to prove that he had sailed round the eastern extremity of asia, had mistaken a promontory called svatoi noss for tschukotskoi noss: for otherwise, why should deshneff, in his refutation of soliverstoff, begin by asserting, that svatoi noss was not tschukotskoi noss? the only cape laid down in the russian maps, under the name of svatoi noss, is situated degrees to the west of the kovyma: but we cannot possibly suppose this to be the promontory here alluded to; because, in sailing from the kovyma towards the anadyr, "the first promontory which presents itself" must necessarily be east of the kovyma. svatoi noss, in the russian language, signifies sacred promontory; and the russians occasionally apply it to any cape which it is difficult to double. it therefore most probably here relates to the first cape, which soliverstoff reached after he had sailed from kovyma.] while deschneff was surveying the sea-coast, he saw in an habitation belonging to some koriacs a woman of yakutsk, who, as he recollected, belonged to fedot alexieff. upon his enquiry concerning the fate of her master, she replied, "that fedot and gerasim (ankudinoff) had died of the scurvy; that part of the crew had been slain; that a few had escaped in small vessels, and have never since been heard off." traces of the latter were afterwards found in the peninsula of kamtchatka; to which place they probably arrived with a favourite wind, by following the coast, and running up the kamtchatka river. when volodimir atlassoff, in , first entered upon the reduction of kamtchatka, he found that the inhabitants had already some knowledge of the russians. a common tradition still prevails amongst them, that long before the expedition of atlassoff, one[ ] fedotoff (who was probably the son of fedot alexeeff) and his companions had resided amongst them, and had intermarried with the natives. they still shew the spot where the russian habitations stood; namely, at the mouth of the small river nikul which falls into the kamtchatka river, and is called by the russians fedotika. upon atlassoff's arrival none of the first russians remained. they are said to have been held in great veneration, and almost deified by the inhabitants, who at first imagined that no human power could hurt them, until they quarrelled amongst themselves, and the blood was seen to flow from the wounds which they gave each other: and upon a separation taking place between the russians, part of them had been killed by the koriacs, as they were going to the sea of penshinsk, and the remainder by the kamtchadals. the river fedotika falls into the southern side of the kamtchatka river about an hundred and eighty versts below upper kamtchatkoi ostrog. at the time of the first expedition to kamtchatka, in , the remains of two villages still subsisted, which had probably been inhabited by fedotoff and his companions: and no one knew which way they came into the peninsula, until it was discovered from the archives of yakutsk in . [footnote : fedotoff, in the russian language, signifies the son of fedot.] [ ]no other navigator, subsequent to deshneff, has ever pretended to have passed the north eastern extremity of asia, notwithstanding all the attempts which have been made to accomplish this passage, as well from[ ] kamtchatka as from the frozen ocean. [footnote : mr. engel indeed pretends that lieutenant laptieff, in , doubled tschukotskoi-noss, because gmelin says, that "he passed from the kovyma to anadirsk partly by water and partly by land." for mr. engel asserts the impossibility of getting from the kovyma to anadirsk, partly by land and partly by water, without going from the kovyma to the mouth of the anadyr by sea; and from thence to anadirsk by land. but mr. muller (who has given a more particular account of the conclusion of this expedition) informs us, that laptieff and his crew, after having wintered near the indigirka, passed from its mouth in small boats to the kovyma; and as it was dangerous, on account of the tschutski, to follow the coast any farther, either by land or water, he went through the interior part of the country to anadirsk, and from thence to the mouth of the anadyr. gmelin reise, vol. ii. p. . s. r. g. iii. p. . mention is also made by gmelin of a man who passed in a small boat from the kovyma round tschukotskoi-noss into the sea of kamtchatka: and mr. engel has not omitted to bring this passage in support of his system, with this difference, that he refers to the authority of muller, instead of gmelin, for the truth of the fact. but as we have no account of this expedition, and as the manner in which it is mentioned by gmelin implies that he had it merely from tradition, we cannot lay any stress upon such vague and uncertain reports. the passage is as follows: "es find so gar spuren vorhanden, dass ein kerl mit einem schifflein, das nicht viel groesser als ein schifferkahn gevesen, von kolyma bis tschukotskoi-noss vorbey, und bis nach kamtschatka gekommen sey." gmelin reise, ii. p. . mem. et obs. geog. &c. p. .] [footnote : beering, in his voyage from kamtchatka, in , towards tschukotskoi-noss, sailed along the coast of the tschutski as high as lat. ° ´. and observing the coast take a westerly direction, he too hastily concluded, that he had passed the north eastern extremity. apprehensive, if he had attempted to proceed, of being locked in by the ice, he returned to kamtchatka. if he had followed the shore, he would have found, that what he took for the northern ocean was nothing more than a deep bay: and that the coast of the tschutski, which he considered as turning uniformly to the west, took again a northerly direction. s.r.g. iii. p. .] [illustration: _chart of_ shalaurof's _voyage_.] the following narrative of a late voyage performed by one shalauroff, from the lena towards tschukotskoi-noss, will shew the great impediments which obstruct a coasting navigation in the frozen sea, even at the most favourable season of the year. [sidenote: voyage of shalauroff.] shalauroff, having constructed a shitik at his own expence, went down the lena in . he was accompanied by an exiled midshipman, whom he had found at yakutsk, and to whom we are indebted for the chart of this expedition. shalauroff got out of the southern mouth of the lena in july, but was so much embarrassed by the ice, that he ran the vessel into the mouth of the yana, where he was detained by the ice until the th of august, when he again set sail. being prevented by the ice from keeping the open sea, he coasted the shore; and, having doubled svatoi-noss on the th of september, discovered at a small distance, out at sea, to the north, a mountainous land, which is probably some unknown island in the frozen sea. he was employed from the th to the th in getting through the strait between diomed's island and the coast of siberia; which he effected, not without great difficulty. from the th he had a free sea and a fair s. w. wind, which carried them in hours beyond the mouth of the indigirka. the favourable breeze continuing, he passed on the th the alasca. soon afterwards, the vessel approaching too near the shore was entangled amongst vast floating masses of ice, between some islands[ ] and the main land. [sidenote: winters at the mouth of the kovyma.] and now the late season of the year obliged shalauroff to look out for a wintering place; he accordingly ran the vessel into one of the mouths of the river kovyma, where she was laid up. the crew immediately constructed an hut, which they secured with a rampart of frozen snow, and a battery of the small guns. the wild rein-deers resorted to this place in large herds, and were shot in great plenty from the enclosure. before the setting in of winter, various species of salmon and trout came up the river in shoals: these fish afforded the crew a plentiful subsistence, and preserved them from the scurvy[ ]. [footnote : these islands are medviedkie ostrova, or the bear islands; they are also called kreffstoffskie ostrova, because they lie opposite the mouth of the small river krestova. for a long time vague reports were propagated that the continent of america was stretched along the frozen ocean, very near the coasts of siberia; and some persons pretended to have discovered its shore not far from the rivers kovyma and krestova. but the falsity of these reports was proved by an expedition made in , by some russian officers sent by denys ivanovitch tschitcherin, governor of tobolsk. these officers went in winter, when the sea was frozen, in sledges drawn by dogs, from the mouth of the krestova. they found nothing but five small rocky islands, since called the bear islands, which were quite uninhabited; but some traces were found of former inhabitants, namely, the ruins of huts. they observed also on one of the islands a kind of wooden stage built of drift-wood, which seemed as if it had been intended for defence. as far as they durst venture out over the frozen sea, no land could be seen, but high mountains of ice obstructed their passage, and forced them to return. see the map of this expedition upon the chart of shalauroff's voyage prefixed to this number.] [footnote : raw-fish are considered in those northern countries as a preservative against the scurvy.] [sidenote: departure from thence in july.] the mouth of the kovyma was not freed from ice before the st of july, , when shalauroff again put to sea, and steered until the th n. e. by n. e. / e. here he observed the variation of the compass ashore, and found it to be ° ´´ east. the th a contrary wind, which was followed by a calm, obliged him to come to an anchor, and kept him stationary until the th of august, when a favourable breeze springing up he set sail; he then endeavoured to steer at some distance from shore, holding a more easterly course, and n. e. by e. but the vessel was impeded by large bodies of floating ice, and a strong current, which seemed to bear westward at the rate of a verst an hour. these circumstances very much retarded his course. on the th, the weather being thick and foggy, he found himself unexpectedly near the coast with a number of ice islands before him, which on the th entirely surrounded and hemmed in the vessel. he continued in that situation, and in a continual fog, until the d, when he got clear, and endeavoured by steering n. e. to regain the open sea, which was much less clogged with ice than near the shore. he was forced however, by contrary winds, s. e. and e. among large masses of floating ice. this drift of ice being passed, he again stood to the n. e. in order to double shelatskoi noss[ ]; but before he could reach the islands lying near it, he was so retarded by contrary winds, that he was obliged, on account of the advanced season, to search for a wintering place. [sidenote: not being able to double shelatskoi noss returns towards the kovyma.] he accordingly sailed south towards an open bay, which lies on the west side of shelatskoi noss, and which no navigator had explored before him. he steered into it on the th, and got upon a shoal between a small island, and a point of land which juts from the eastern coast of this bay. having got clear with much difficulty, he continued for a short time a s. e. course, then turned s. w. he then landed in order to discover a spot proper for their winter residence; and found two small rivulets, but neither trees nor drift wood. the vessel was towed along the southerly side of the bay as far as the island sabadèi. on the th of september, he saw some huts of the tschutski close to the narrow channel between sabadèi and the main land; but the inhabitants fled on his approach. [footnote : he does not seem to have been deterred from proceeding by any supposed difficulty in passing shelatskoi noss, but to have veered about merely on account of the late season of the year. shelatskoi noss is so called from the sshelagen, a tribe of the tschutski, and has been supposed to be the same as tschukotskoi noss. s. r. g. iii. p. .] not having met with a proper situation, he stood out to sea, and got round the island sabadèi on the th, when he fastened the vessel to a large body of ice, and was carried along by a current towards w. s. w. at the rate of five versts an hour. on the th, he saw far to the n. e. by n. a mountain, and steered the th and th towards his former wintering place in the river kovyma. [sidenote: winters a second time at the kovyma, and returns to the lena.] shalauroff proposed to have made the following year another attempt to double shelatskoi noss; but want of provision, and the mutiny of the crew, forced him to return to the lena in . it is worth remarking, that during his whole voyage he found the currents setting in almost uniformly from the east. two remarkable rocks were observed by shalauroff near the point where the coast turns to the n. e. towards the channel which separates the island sabadèi from the continent; these rocks may serve to direct future navigators: one is called saetshie kamen, or hare's rock, and rises like a crooked horn; the other baranèi kamen, or sheep's rock; it is in the shape of a pear, narrower at the bottom than at top, and rises twenty-nine yards above high-water mark. [sidenote: second expedition of shalauroff.] shalauroff, who concluded from his own experience, that the attempt to double tschukotskoi noss, though difficult, was by no means impracticable, was not discouraged by his former want of success from engaging a second time in the same enterprize: he accordingly fitted out the same shitik, and in departed as before from the river lena. we have no positive accounts of this second voyage; for neither shalauroff or any of his crew have ever returned. the following circumstances lead us to conclude, that both he and his crew were killed near the anadyr by the tschutski, about the third year after their departure from the lena. about that time the koriacs of the anadyr refused to take from the russians the provision of flour, which they are accustomed to purchase every year. enquiry being made by the governor of anadirsk, he found that they had been amply supplied with that commodity by the tschutski. the latter had procured it from the plunder of shalauroff's vessel, the crew of which appeared to have perished near the anadyr. [sidenote: no account of this expedition, he and his crew being killed by the tschutski.] from these facts, which have been since confirmed by repeated intelligence from the koriacs and tschutski, it has been asserted, that shalauroff had doubled the n. e. cape of asia. but this assertion amounts only to conjecture; for the arrival of the crew at the mouth of the anadyr affords no decisive proof that they had passed round the eastern extremity of asia; for they might have penetrated to that river by land, from the western side of tschukotskoi-noss. in reviewing these several accounts of the russian voyages in the frozen sea, as far as they relate to a north east passage, we may observe, that the cape which stretches to the north of the piasida has never been doubled; and that the existence of a passage round tschukotskoi noss rests upon the single authority of deshneff. admitting however a practicable navigation round these two promontories, yet when we consider the difficulties and dangers which the russians encountered in those parts of the frozen sea which they have unquestionably sailed through; how much time they employed in making an inconsiderable progress, and how often their attempts were unsuccessful: when we reflect at the same time, that these voyages can only be performed in the midst of a short summer, and even then only when particular winds drive the ice into the sea, and leave the shores less obstructed; we shall reasonably conclude, that a navigation, pursued along the coasts in the frozen ocean, would probably be useless for commercial purposes. a navigation therefore in the frozen ocean, calculated to answer any end of general utility, must (if possible) be made in an higher latitude, at some distance from the shores of nova zemla and siberia. and should we even grant the possibility of sailing n. e. and east of nova zemla, without meeting with any insurmountable obstacles from land or ice; yet the final completion of a n. e. voyage must depend upon the existence of a free passage[ ] between the coast of the tschutski and the continent of america. but such disquisitions as these do not fall under the intention of this work, which is meant to state and examine facts, not to lay down an hypothesis, or to make theoretical enquiries[ ]. [footnote : i have said a _free passage_, because if we conclude from the narrative of deshneff's voyage, that there really does exist such a passage; yet if that passage is only occasionally navigable (and the russians do not pretend to have passed it more than once) it can never be of any general and commercial utility.] [footnote : i beg leave to assure the reader, that throughout this whole work i have entirely confined myself to the russian accounts; and have carefully avoided making use of any vague reports concerning the discoveries lately made by captains cooke and clerke in the same seas. many of the geographical questions which have been occasionally treated in the course of this performance, will probably be cleared up, and the true position of the western coasts of america ascertained, from the journals of those experienced navigators.] appendix ii. _tartarian_ rhubarb brought to _kiachta_ by the _bucharian_ merchants--method of examining and purchasing the roots--different species of rheum which yield the finest rhubarb--price of rhubarb in _russia_--exportation--superiority of the _tartarian_ over the _indian_ rhubarb. [sidenote: tartarian, or turkey, rhubarb.] europe is supplied with rhubarb from russia and the east indies. the former is generally known by the name of turkey rhubarb, because we used to import it from the levant in our commerce with the turks, who procured it through persia from the bucharians. and it still retains its original name, although instead of being carried, as before, to constantinople, it is now brought to kiachta by the bucharian merchants, and there disposed of to the russians. this appellation is indeed the most general; but it is mentioned occasionally by several authors, under the different denominations of russian, tartarian, bucharian, and thibet, rhubarb. this sort is exported from russia in large roundish pieces, freed from the bark, with an hole through the middle: they are externally of a yellow colour, and when cut appear variagated with lively reddish streaks. [sidenote: indian rhubarb.] the other sort is called by the druggists indian rhubarb; and is procured from canton in longer, harder, heavier, more compact pieces, than the former; it is more astringent, and has somewhat less of an aromatic flavour; but, on account of its cheapness, is more generally used than the tartarian or turkey rhubarb. [sidenote: tartarian rhubarb procured at kiachta.] the government of russia has reserved to itself the exclusive privilege of purchasing rhubarb; it is brought to kiachta by some bucharian merchants, who have entered into a contract to supply the crown with that drug in exchange for furs. these merchants come from the town of selin, which lies south westward of the koko-nor, or blue lake toward thibet. selin, and all the towns of little bucharia; viz. kashkar, yerken, atrar, &c. are subject to china. [sidenote: the rhubarb plant grows upon the mountains of little bucharia.] the best rhubarb purchased at kiachta is produced upon a chain of rocks, which are very high, and for the most part destitute of wood: they lie north of selin, and stretch as far as the koko-nor. the good roots are distinguished by large and thick stems. the tanguts, who are employed in digging up the roots, enter upon that business in april or may. as fast as they take them out of the earth, they cleanse them from the soil, and hang them upon the neighbouring trees to dry, where they remain until a sufficient quantity is procured: after which they are delivered to the bucharian merchants. the roots are wrapped up in woollen sacks, carefully preserved from the least humidity; and are in this manner transported to kiachta upon camels. the exportation of the best rhubarb is prohibited by the chinese, under the severest penalties. it is procured however in sufficient quantities, sometimes by clandestinely mixing it with inferior roots, and sometimes by means of a contraband trade. the college of commerce at petersburg is solely empowered to receive this drug, and appoints agents at kiachta for that purpose. much care is taken in the choice; for it is examined, in the presence of the bucharian merchants, by an apothecary commissioned by government, and resident at kiachta. [sidenote: care taken in examining the roots at kiachta.] all the worm-eaten roots are rejected; the remainder are bored through, in order to ascertain their soundness; and all the parts which appear in the least damaged or decayed are cut away. by these means even the best roots are diminished a sixth part; and the refuse is burnt, in order to prevent its being brought another year[ ]. [footnote : pallas reise, part iii. p. - . when mr. pallas was at kiachta, the bucharian merchant, who supplies the crown with rhubarb, brought some pieces of white rhubarb (von milchveissen rhabarber) which had a sweet taste, and was equal in its effects to the best sort.] [sidenote: different species of rhubarb.] linnæus has distinguished the different species of rhubarb by the names rheum palmatum, r. rhaphonticum, [ ]r. rhabarbarum, r. compactum, and r. ribes. [footnote : see murray's edition of linnæus systema vegetab. gott. . in the former editions of linnæus rheum rhabarbarum is called r. undulatum.] botanists have long differed in their opinions, which of these several species is the true rhubarb; and that question does not appear to be as yet satisfactorily cleared up. [sidenote: rheum palmatum.] however, according to the notion which is most generally received, it is supposed to be the rheum[ ] palmatum; the seeds of which were originally procured from a bucharian merchant, and distributed to the principal botanists of europe. hence this plant has been cultivated with great success; and is now very common in all our botanical gardens. the learned doctor [ ]hope, professor of medicine and botany in the university of edinburgh, having made trials of the powder of this root, in the same doses in which the foreign rhubarb is given, found no difference in its effects; and from thence conclusions have been drawn with great appearance of probability, that this is the plant which produces the true rhubarb. but this inference does not appear to be absolutely conclusive; for the same trials have been repeated, and with similar success, upon the roots of the r. rhaponticum and r. rhabarbarum. [footnote : mr. pallas (to whom i am chiefly indebted for this account of the tartarian and siberian rhubarb) assured me, that he never found the r. palmatum in any part of siberia.] [footnote : phil. trans. for , p. .] [sidenote: r. rhaponticum.] the leaves of the r. rhaponticum are round, and sometimes broader than they are long. this species is found abundantly in the loamy and dry deserts between the volga and the yaik[ ], towards the caspian sea. it was probably from this sort that the name rha, which is the tartarian appellation of the river volga, was first applied by the arabian physicians to the several species of rheum. the roots however which grow in these warm plains are rather too astringent; and therefore ought not to be used in cases where opening medicines are required. the calmucs call it badshona, or a stomachic. the young shoots of this plant, which appear in march or april, are deemed a good antiscorbutic; and are used as such by the russians. the r. rhaponticum is not to be found to the west of the volga. the seeds of this species produced at petersburg plants of a much greater size than the wild ones: the leaves were large, and of a roundish cordated figure. [footnote : the yaik falls into the caspian sea, about four degrees to the east of the volga.] [sidenote: r. rhabarbarum.] the r. rhabarbarum grows in the crevices of bare rocky mountains, and also upon gravelly soils: it is more particularly found in the high vallies of the romantic country situated beyond lake baikal. its buds do not shoot before the end of april; and it continues in flower during the whole month of may. the stalks of the leaves are eaten raw by the tartars: they produce upon most persons, who are unaccustomed to them, a kind of sphasmodic contraction of the throat, which goes off in a few hours; it returns however at every meal, until they become habituated to this kind of diet. the russians make use of the leaves in their hodge-podge: accordingly, soups of this sort affect strangers in the manner above mentioned. in siberia the stalk is sometimes preserved as a sweet-meat; and a custom prevails among the germans of introducing at their tables the buds of this plant, as well as of the rheum palmatum, instead of cauli-flower. [sidenote: r. rhaponticum.] the r. rhaponticum which commonly grows near the torrents has, as well as the r. rhabarbarum of siberia, the upper part of its roots commonly rotten, from too much moisture: accordingly, a very small portion of the lower extremity is fit for use. the russian college of physicians order, for the use of their military hospitals, large quantities of these roots to be dug up in siberia, which are prescribed under the name of rhapontic. but the persons employed in digging and preparing it are so ill instructed for that purpose, that its best juices are frequently lost. these roots ought to be drawn up in spring, soon after the melting of the snows, when the plant retains all its sap and strength; whereas they are not taken out of the ground before august, when they are wasted by the increase of the stem, and the expansion of the leaves. add to this, that the roots are no sooner taken up, than they are immediately sliced in small pieces, and thus dried: by which means the medicinal qualities are sensibly impaired. [sidenote: method of drying the roots of the r. rhaponticum.] for the same roots, which in this instance were of such little efficacy, when dried with proper precaution, have been found to yield a very excellent rhubarb. the process observed for this purpose, by the ingenious mr. pallas, was as follows: the roots, immediately after being drawn out, were suspended over a stove, where being gradually dried, they were cleansed from the earth: by these means, although they were actually taken up in autumn, they so nearly resembled the best tartarian rhubarb in colour, texture, and purgative qualities, that they answered, in every respect, the same medicinal purposes. a german apothecary, named zuchert, made similar trials with the same success, both on the rheum rhabarbarum and r. rhaponticum, which grow in great perfection on the mountains in the neighbourhood of nershinsk. [sidenote: plantation of rhubarb in siberia.] he formed plantations of these herbs on the declivity of a rock[ ], covered with one foot of good mould, mixed with an equal quantity of sand and gravel. if the summer proved dry, the plants were left in the ground; but if the season was rainy, after drawing out the roots he left them for some days in the shade to dry, and then replanted them. by this method of cultivation he produced in seven or eight years very large and sound roots, which the rock had prevented from penetrating too deep; and when they were properly dried, one scruple was as efficacious as half a drachm of tartarian rhubarb. [footnote : in order to succeed fully in the plantation of rhubarb, and to procure sound and dry roots, a dry, light soil with a rocky foundation, where the moisture easily filters off, is essentially necessary.] [sidenote: the roots of the r. rhaponticum and r. rhubarbarum, equal in their effects to the tartarian rhubarb.] from the foregoing observations it follows, that there are other plants, besides the rheum palmatum, the roots whereof have been found to be similar both in their appearance and effects, to what is called the best rhubarb. and indeed, upon enquiries made at kiachta concerning the form and leaves of the plant which produces that drug, it seems not to be the r. palmatum, but a species with roundish scolloped leaves, and most probably the r. rhaponticum: for mr. pallas, when he was at kiachta, applied for information to a bucharian merchant of selin-chotton, who now supplies the crown with rhubarb; and his description of that plant answered to the figure of the rheum rhaponticum. the truth of this description was still further confirmed by some mongol travellers who had been in the neighbourhood of the koko-nor and thibet; and had observed the rhubarb growing wild upon those mountains. [sidenote: the true rhubarb probably procured from different species of rheum.] the experiments also made by zuchert and others, upon the roots of the r. rhabarbarum and r. rhaponticum, sufficiently prove, that this valuable drug was procured from those roots in great perfection. but as the seeds of the rheum palmatum were received from the father of the above-mentioned bucharian merchant as taken from the plant which furnishes the true rhubarb, we have reason to conjecture, that these three species, viz. r. palmatum, r. rhaponticum, and r. rhabarbarum, when found in a dryer and milder alpine climate, and in proper situations, are indiscriminately drawn up; whenever the size of the plant seems to promise a fine root. and perhaps the remarkable difference of the rhubarb, imported to kiachta, is occasioned by this indiscriminate method of collecting them. most certain it is, that these plants grow wild upon the mountains, without the least cultivation; and those are esteemed the best which are found near the koko-nor, and about the sources of the river koango. formerly the exportation of rhubarb was confined to the crown of russia; and no persons but those employed by government were allowed the permission of sending it to foreign countries; this monopoly however has been taken off by the present empress, and the free exportation of it from st. petersburg granted to all persons upon paying the duty. it is sold in the first instance by the college of commerce for the profit of the sovereign; and is preserved in their magazines at st. petersburg. the current price is settled every year by the college of commerce. [sidenote: price of rhubarb in russia.] it is received from the bucharian merchants at kiachta in exchange for furs; and the prime cost is rated at roubles per pood. by adding the pay of the commissioners who purchase it, and of the apothecary who examines it, and allowing for other necessary expences, the value of a pood at kiachta amounts to roubles; add to this the carriage from the frontiers to st. petersburg, and it is calculated that the price of a pood stands the crown at roubles. the largest exportation of rhubarb ever known from russia, was made in the year , when pood were exported, at roubles per pood. [sidenote: exportation of rhubarb from st. petersburg.] exportation of rhubarb from st. petersburg. { at - / dutch[ ] dollars, in , poods pounds { or roubles, copecs { per pood. in , poods pounds, at ditto, or roubles. [footnote : if we reckon a dutch dollar, upon an average, to be worth rouble copecs.] in , poods were brought by the bucharian merchants to kiachta; of which poods pounds were selected. the interior consumption of the whole empire of russia for amounted to only poods pounds[ ]. [footnote : this calculation comprehends only the rhubarb purchased at the different magazines belonging to the college of commerce; for what was procured by contraband is of course not included.] [sidenote: superiority of the tartarian over the indian rhubarb.] the superiority of this tartarian rhubarb, over that procured from canton, arises probably from the following circumstances. . the southern parts of china are not so proper for the growth of this plant, as the mountains of little bucharia. . there is not so exact an examination made in receiving it from the chinese at canton, as from the bucharians at kiachta. for the merchants, who purchase this drug at canton, are obliged to accept it in the gross, without separating the bad roots, and cutting away the decayed parts, as is done at kiachta. . it is also probable, that the long transport of this drug by sea is detrimental to it, from the humidity which it must necessarily contract during so long a voyage. table of longitude and latitude. [sidenote: table of longitude and latitude.] for the convenience of the reader, the following table exhibits in one point of view the longitude and latitude of the principal places mentioned in this performance. their longitudes are estimated from the first meridian of the isle of fero, and from that of the royal observatory at greenwich. the longitude of greenwich from fero is computed at ° ´ ´´. the longitude of the places marked * has been taken from astronomical observations. latitude. longitude. | | fero. | greenwich. | d. m. s. | d. m. s. | d. m. * petersburg | | | [ ] * moscow | | | * archangel | | | * tobolsk | | | * tomsk | | | * irkutsk | | | * selenginsk | | | kiachta | | | * yakutsk | | | * ochotsk | | | * bolcheresk | | | * port of st. peter and paul | | | eastern extremity of siberia | | | unalashka (a) | | | unalashka (b) | | | key: (a) according to the general map of russia (b) according to the chart of krenitzin & levasheff [footnote : i have omitted the seconds in the longitude from greenwich.] index. a. _agiak_, an interpreter, p. . _aguladock_, a leader of the unalashkans, taken prisoner by solovioff, . _agulok_, a dwelling-place on unalashka, . _aischin-giord_, chief of the manshurs at the beginning of the th century, . _aktunak_, an island to the east of kadyak, . _akun_ (one of the fox islands), . _akutan_ (one of the fox islands), . _alaksu_, or _alachshak_, one of the most remote eastern islands, . customs of the inhabitants, . animals found on that island, _ib._ conjectured to be not far from the continent of america, . _alaxa_, one of the fox islands, . _albasin_, and the other russian forts on the amoor, destroyed by the chinese, . the russians taken there refuse to return from pekin, . _aleütian isles_ discovered, . . their situation and names, . names of persons there, bear a surprising resemblance to those of the greenlanders, . inhabitants described, . . account of those islands, . . the manners and customs of the inhabitants resemble those of the fox islands, . are entirely subject to russia, . their number, . specimen of the aleütian language, . see _fox islands, ibiya, novodtsikoff, tsiuproff_. _alexeeff (feodot)._ see _deshneff_. _aleyut._ see _fox islands_. _allai_ (a prince of the calmucs), his superstitious regard for the memory of yermac, . _amaganak_, a toigon of unalashka, . _america_, most probable course for discovering the nearest coast of that continent, pointed out, . see _islands, delisle, alaksu, kadyak, fox islands, steller_. _amlach_, one of the andreanoffskye islands, . _anadirsky isles_, or _isles of anadyr_, so called by mr. stæhlin, and after him by buffon, p. . - . _amoor_ river, called by the manshurs sakalin-ula; and by the mongols, karamuran, or the black river. _andrianoffskie islands_, their situation doubtful, . description of, , . must not be blended with the fox islands, . account of the inhabitants, . other islands beyond them to the east, _ibid._ position of the andreanoffskie-islands, . _arachulla_, supposed by the chinese a wicked spirit of the air, . _archangel_, voyages from thence to the yenisèi, . _artic_, or _ice foxes_, description of, . _asia_, the first report of its vicinity to america, learned from the tschutski, . _atachtak_, a great promontory n. e. of alaksu, . _ataku_, one of the aleütian islands, . _atchu_, one of the andreanoffsky islands, description of, . _atchu, atchak, atach, goreloi_, or _burnt island_, one of the fox islands, . _atlassoff (volodimir)_, takes possession of the river kamtchatka, . _atrar_, a town of little bucharia, . _att_, one of the aleütian isles, . _ayagh_, or _kayachu_, one of the andreanoffsky islands, . description of, . b. _bacchoff._ see _novikoff_. _baranèi kamen_, or _sheep's rock_, description of, . _bear islands._ see _medvioedkie ostrova_. _beering_, his voyage made at the expence of the crown, . his voyage (with tschirikoff) in search of a junction between asia and america, in and , unsuccessful, . shipwrecked, _ibid._ and death on an island called after his name, . see _discoveries, steller_; see also p. . _beering's island_, the winter-station of all the ships sailing for the new-discovered islands, . _belayeff (larion)_, treats the inhabitants of the aleütian islands in an hostile manner; in which he is under-hand abetted by tsiuproff, . _bolcheretsk_, a district of kamtchatka, . see _kamtchatkoi ostrogs_. _bolkosky_ (prince), appointed waywode of siberia, . see _yermac_. _boris and glebb._ see _trapesnikoff_. _bucharia (little)_, all subject to china, . _buache_ (mr.). see _longitude_. _burgoltei_, a mountain in the valley of kiachta, . _burnt island._ see _atchu_. _buttons_ (of different colours), used as marks of distinction among the chinese, . c. _calumet of peace_, a symbol of friendship peculiar to america, . _camhi_, the second chinese emperor of the manshur race, . expels the russians from his dominions, for their riots and drunkenness, . _camphor wood_ (the true), drove by the sea on copper island, . _caravans_ (russian), allowed to trade to pekin, . discontinued, and why, . see _russia_. _chatanga_, the cape between that river and the piasida never yet doubled, - . _chinese_, origin of the disputes between them and the russians, . hostilities commenced between them, . treaty of nershinsk concluded, . beginning of the commerce between the two nations, . their trade with the russians, , &c. reckon it a mark of disrepect to uncover the head to a superior, . their superstition in regard to fires, . manner of their pronouncing foreign expressions, . no specie but bullion current among them, . advantage of the chinese trade to russia, . _cholodiloff._ voyage of a vessel fitted out by him, . _chusho_, (or the fire-god), a chinese idol, . see _chinese_. _copper island_, why so called, . . . probable that all the hillocks in that country have formerly been vulcanoes, _ibid._ subject to frequent earth-quakes, and abound in sulphur, . _cyprian_ (first archbishop of siberia), collects the archives of the siberian history, . d. _daurkin_ (a native tschutski), employed by plenisner to examine the islands to the east of siberia, . the intelligence he brought back, _ibid._ _delisle_, mistaken concerning the western coast of america, . _deshneff_, his voyage, . extracts from his papers, , . his description of the great promontory of the tschutski, . ankudinoff's vessel wrecked on that promontory, _ibid._ deshneff builds anadirskoi-ostrog on the river anadyr, . dispute between him and soliverstoff, concerning the discovery of the korga, , . no navigator since deshneff pretends to have passed round the n. e. extremity of asia, . _discoveries._ the prosecution of those begun by beering mostly carried on by individuals, . the vessels equipped for those discoveries described, _ibid._ expences attending them, . profits of the trade to the new discovered islands very considerable, . list of the principal charts of the russian discoveries hitherto published, . _dogs_, used for drawing carriages, . _drusinin (alexei)_, wrecked at beering's island, . his voyage to the fox islands, - . winters at unalashka, . all the crew, except four russians, viz. stephen korelin, dmitri bragin, gregory shaffyrin, and ivan kokovin, destroyed by the natives, . see _unalashka_. _durneff (kodion)._ his voyage, . e. _eclipse_, behaviour of the chinese at one, . _empress of russia._ see _russia_. _engel_ (mr.) disputes the exactness of the longitudes laid down by muller and the russian geographers, . _esquimaux indians_, similarity between their boats and those of the fox islands, . . f. _feathers_ (peacock's), used for a distinction of rank by the chinese, . _fedotika._ see _nikul_. _foxes_, different species of, described, . value of their skins, . _fox islands_, sometimes called the farthest aleütian isles, . their land and sea-animals, . manners and customs of the inhabitants, . warm springs and native sulphur to be found in some of them, . their dress, . . their vessels described, . are very fond of snuff, . their drums described, . their weapons, . . food of the inhabitants, . their feasts, . their funeral ceremonies, . account of the inhabitants, - . their extreme nastiness, . their boats made like those of the esquimaux indians in north america, . . are said to have no notion of a god, ; yet have fortune-tellers, who pretend to divination, by the information of spirits, _ibid._ the inhabitants called by the russians by the general name of aleyut, . proofs of the vicinity of those islands to america, . g. _geographers (russian)_, their accuracy, . _ghessur-chan_, the principal idol at maimatschin, . _glotoff (stephen)_, his voyage, - . winters upon copper island, . arrives at kadyak, the most eastward of the fox islands, . is attacked by the natives, whom he defeats, , and finally repulses, . winters at kadyak, . is reconciled to the natives, . curiosities procured by him at that island, _ibid._ no chart of his voyage, . departs from kadyak, and arrives at umnak, . . defeats a design formed against him by the natives, . meets with korovin, . winters on umnak, . journal of his voyage, - . see _solovioff, korovin_. ---- (_ivan_), an aleütian interpreter, . _golodoff_, killed at unyumga, . _goreloi._ see _atchu_. _greenlanders_, their proper names nearly similar to those used in the aleütian isles, . h. _hare's rock._ see _saetshie kammen_. _hot springs_, found in kanaga, . in tsetchina, . i. _ibiya, ricksa_, and _olas_, three large populous islands to the east of the aleütian islands, . _jesuits_, their compliance with the chinese superstition, . _igonok_, a village of unalashka, . _igunok_, a bay n. e. of unalashka, . _ikutchlok_, a dwelling place at unalashka, . _imperial academy_, their chart of the new discovered islands, not to be depended on, . . _indigirka_, a river of siberia, . _inlogusak_, a leader of the unalashkans, killed, . _isanak_, one of the islands to the west of kadyak, . _islands (new discovered)_, first tribute brought from thence to ochotsk, . list of those islands, according to mr. muller, . their names altered and corrupted by the russian navigators, . see _aleütian isles_ and _fox islands_. _islenieff_ (mr.), sent to yakutsk to observe the transit of venus, . _itchadek_ and _kagumaga_, two friendly toigons, . _ivan shilkin_, his voyage, . . shipwrecked on one of the fox islands, . great distresses of his crew on that island, . shipwrecked a second time, . _ivan vassilievitch_ i. makes the first irruption into siberia, . _ivan vassilievitch_ ii. took the title of _lord of all the siberian lands_ before the conquests of yermac, . see _russia_. _ives (isbrand)_, a dutchman. embassador from peter i. to pekin, . _iviya_, one of the aleütian islands, . k. _kadyak_, one of the fox islands, . the fondness of the natives for beads, . animals and vegetables found there, . . great reason to think it is at no great distance from the continent of america, . account of the inhabitants, . see _glottoff_. _kagumaga._ see _itchadek_. _kalaktak_, a village of unalashka, . _kama_, a river, . _kamtchatka_, discovered by the russians, . the whole peninsula reduced by the russians, . of little advantage to the crown at first, but since the discovery of the islands between asia and america its fur-trade is become a considerable branch of the russian commerce, _ibid._ its situation and boundaries, . its districts, government, and population, _ibid_. fixed and other tributes to the crown, . its soil and climate not favourable to the culture of corn; but hemp has of late years been cultivated there with great success, . supplied yearly with salt, provisions, corn, and manufactures, from ochotsk, _ibid._ rout for transporting furs from thence to kiachta, . manner of procuring fire there, and which vaksel, beering's lieutenant, found practised in that part of north america which he saw in , . see _morosko, atlassoff, koriacs, ochotsk_ and _penshinsk, bolcheresk, tigilskaia, krepost, verchnei, nishnei, kamtchatka ostrogs, volcanos, furs and skins_. _kamtchatkoi ostrogs_ (upper and lower) and bolcheretsk built, . _kanaga_, one of the andreanoffsky islands, . description of, . _karaga island_, tributary to russia, . see _olotorians_. _kashkar_, a town of little bucharia, . _kashmak_, an interpreter employed by the russians, . _kataghayekiki_, name of the inhabitants of unimak and alaxa, . _kayachu._ see _ayagh_. _kiachta_, a frontier town of siberia, . treaty concluded there between the russians and chinese, . . is at present the centre of the russian and chinese commerce, . that place and zuruchaitu agreed on for transacting the commerce between russia and china, . description of kiachta, _ibid._ _kighigusi_, inhabitants of akutan so called, . _kitaika_, a chinese stuff, . _kogholaghi_, inhabitants of unalashka so called, . _kopeikina_, a bay of the river anadyr, . _korenoff._ see _solovioff_. _korga_, a sand-bank at the mouth of the river anadyr, . see _soliverstoff_. _koriacs_, their country the northern boundary of kamtchatka, . tributary to russia, . _korovin (ivan)_, his voyage - . arrives at unalashka, his transactions there, - . builds an hut, and prepares for wintering, . being attacked by the savages, destroys his hut, and retires to his vessel, . attacked again, repulses the savages, and is stranded on the island of umnak, . after different skirmishes with the natives, is relieved by glottoff, . his description of umnak and unalashka, with their inhabitants, . see _solovioff_. _kovyma_, a river of siberia, . _krenitzin_ (captain), commands a secret expedition, . _krenitzin and levasheff_, their journal and chart sent, by order of the empress of russia, to dr. robertson, . extract from their journal, - . they arrive at the fox islands, . krenitzin winters at alaxa, and levasheff at unalashka, . they return to the river of kamtchatka, . krenitzin drowned, _ibid._ see _yakoff_. _krassilnikoff_, voyage of a vessel fitted out by him, . shipwrecked on copper island, _ibid._ the crew return to beering's island, . _krassilikoff_ (a russian astronomer), his accuracy in taking the longitude of kamtchatka, . _krashininikoff_, his history of kamtchatka, . _krestova_, a river of siberia, . _krugloi_, or _round island_, one of the aleütian islands, . _kulkoff_, his vessel destroyed, and his crew killed by the savages, . . _kullara_, a fortress belonging to kutchum chan, . _kuril isles_, subject to russia, . _kutchum chan_ (a descendant of zinghis chan), defeats yediger, and takes him prisoner, . the most powerful sovereign in siberia, . see _yermac, sibir_. l. _laptieff (chariton)_, his unsuccessful attempt to pass from the lena to the yenisèi, . see p. . _latitude of bolcheresk_, appendix i. n^o ii. see _longitude_. _lena_, a river of siberia, . attempts of the russians to pass from thence to kamtchatka, . see _menin_. _leontieff_ (a _russian_), has translated several interesting chinese publications, . _levasheff._ see _krenitzin_ and _levasheff_. _lobaschkoff (prokopèi)_, killed at alaksu, . _longitude_, of the extreme parts of asia, by mr. muller and the russian geographers, . by mr. engel, _ibid._ by mr. vaugondy, . the russian system supported by mons. buache, against engel and vaugondy, _ibid._ see _krassilnikoff_. _longitude of ochotsk, bolcheresk_, and _st. peter_ and _st. paul_, . _longitude_ and _latitude_ of the principal places mentioned in this work, . _lyssie ostrova_, or _fox islands_, . their situation and names, . description of the inhabitants, . m. _maimatschin_ (the chinese frontier town), described, . houses there described, . an account of the governor, . theatre described, . the small pagoda, . the great pagoda, . idols worshiped, _ibid._- . see _sitting-rooms_. _manshurs_, their origin, . _maooang_, a chinese idol, . _mednoi ostroff_, or _copper island_, discovered, . see _copper island_. _medvedeff (dennis)_, his crew massacred by the savages, . he and part of protassoff's crew found murdered on the island of umnak, . _menin (feodor)_, his unsuccessful attempt to pass from the yenisèi to the lena, . _merghen_, a chinese town, . _medviodkie ostrova, kreffstoffskie ostrova_, or _bear islands_, discovery of, . _minyachin_ (a cossac), a collector of the tribute, . _mongol_, the commerce between the russians and chinese, mostly carried on in that tongue, . _morosko (lucas semænoff)_, commanded the first expedition towards kamtchatka, . _muller_, (mr.) his conjecture relating to the coast of the sea of ochotsk, confirmed by captain synd, . part of a letter written by him in , concerning the vicinity of kamtchatka and america, . his list of the new discovered islands, . n. _nankin_, . _naun_, a chinese town, . _nershinsk._ see _chinese_. _nevodtsikoff (michael)_, sails from kamtchatka river, . discovers the aleutian islands, _ibid._ narrative of his voyage, - . _new moon_, ceremonies observed at, by the chinese, . _nikul_, or _fedotika_, a river which falls into that of kamtchatka, . _nishnei_, or _lower kamtchatkoi ostrog_, a district of kamtchatka, . _niu-o_, chinese idol, . _north east passage_, russians attempt to discover, - . _novikoff_ and _bacchoff_, their voyage from anadyrsk, . . are shipwrecked on beering's island, where they build a small boat, and return to kamtchatka, . o. _oby_ (bay of), . _ochotsk_ and _penshinsk_, western boundaries of kamtchatka, . see _kamtchatka, muller_. _offzin_ and _koskeleff_ (lieutenants), first effected the passage from the bay of oby to the yenisèi, . _olas._ see _ibiya_. _olotorian isles_, whence so called, . _olotorians_, invade the island of karaga, and threaten to destroy all the inhabitants who pay tribute to russia, . _onemenskaya_, a bay in the river anadyr, . _oracles (chinese)_, . _orel_, a russian settlement, . _otcheredin, (aphanassei)_, his voyage to the fox islands, - . winters at umnak, . the toigon of the five mountains gives him hostages, for which the other toigons kill one of his children, . a party sent by him to ulaga repulsed the inhabitants, who had attacked them, . is joined by popoff from beering's island, and prevails on the inhabitants to pay tribute, . receives an account of levasheff's arrival at unalashka, _ibid._ returns to ochotsk, with a large cargo, leaving popoff at umnak, . brings home two islanders, who were baptized by the names of alexey solovieff and boris otcheredin, . see _poloskoff_. p. _pagoda._ see _maimatschin_. _paikoff (demetri)_, his voyage, - . _pallas_, receives from bragin a narrative of his adventures and escape, p. . account of kiachta and maimatschin, extracted from his journal, p. . his publication concerning the mongol tribes, . list of plants found by steller upon the coast discovered by beering in , communicated by mr. pallas--quotation from a treatise of his, relative to the plants of the new-discovered islands, . extracts made by him relative to deshneff's voyage, p. - . _pauloffsky_, his expedition, in which, after several successful skirmishes with the tschutski, he is surprised and killed by them, . _peacock._ see _feathers_. _pekin._ russian scholars allowed to settle there, to learn the chinese tongue, . see _caravans_. _penshinsk_, . _peter_ i. first projected making discoveries in the seas between kamtchatka and america, . _petersburg_, length of the different routs between that city and pekin, . _piasida_, a river of siberia, . _plenisner_ (a courlander), sent on discoveries to the n. e. of siberia, . see _daurkin_. _poloskoff, (matthew)_, sent by otcheredin to unalashka, . spends the autumn at akun, and after twice repulsing the savages, returns to otcheredin, - . _popoff (ivan)_, a vessel fitted out by him arrives at unalashka, . see _otcheredin_. _prontshistsheff_ (lieutenant), his unsuccessful attempt to pass from the lena towards the yenisèi, - . _protassoff_, he and his crew destroyed by the savages, . . see _medvedeff_. _pushkareff (gabriel)_, his voyage, - . winters upon alaksu, . he, with golodoff and twenty others, attempting to violate some girls, on the island unyumga, are set upon by the natives, and at last obliged to retreat, . . he and his crew tried for their inhuman behaviour to the islanders during their voyage, . r. _rheum._ see _rhubarb_. _rhubarb_, that from russia generally called turkey rhubarb, and why, . description of, _ibid._ indian rhubarb inferior to the tartarian or turkey, . a milk-white sort described, . different species, - . planted in siberia by m. zuchert, a german apothecary, . exportation of, . superiority of the tartarian over the indian rhubarb, accounted for, . _ricksa._ see _ibiya_. _roaring mountain._ see _unalashka_. _robertson_ (dr.) see _krenitzin and levasheff_. _round island._ see _krugloi_. _russia_ (present empress of), a great promoter of new discoveries, . no communication between that country and siberia till the reign of ivan vassilievitch ii. . the empress abolishes the monopoly of the fur-trade, and relinquishes the exclusive privilege of sending caravans to pekin, . _russia_, a curious and interesting "historical account of the nations which compose that empire" lately published, . _russians_, quit siberia after the death of yermac, . recover their antient territories in that country, . their progress checked by the chinese, . are expelled from the chinese dominions, . are allowed to build a church (and to have four priests to officiate in it) within their caravansary at pekin, . commerce between them and the chinese carried on only by barter, . method of transacting business between them, . russian exports, - . imports, - . articles of trade prohibited to individuals, . duties paid by the russian merchants, . the russians' manner of trading to the fox islands, . their attempts to discover a north east passage, - . held in great veneration by the kamtchadals, till they quarrelled among themselves, . see _siberia, chinese, albasin, lena_. s _sabya_, an island at a distance from att, . see _att_. _sacred helmet_, at maimatschin, . _saetshie kamen_, or _hare's rock_, description of, . _sagaugamak_, one of the fox islands, . _st. petersburg_, the geographical calendar of not to be depended on, . _saktunak_, an island near alaksu, . _sandchue_, a northern province of china, . _sea-horse teeth_, their value, . _sea-lion_, or _scivutcha_, its flesh delicate food, . _sea-otters_, many writers mistaken concerning them, . description of, _ibid._ value of their skins, . _selin_, a town of little bucharia, . _serebranikoff_, voyage of a vessel fitted out by him, - . shipwrecked on an island opposite katyrskoi noss, in the peninsula of kamtchatka, . description of the island, . _shaffyrin (sila)_, a cossac, collector of the tribute, . . . killed, . _shalauroff_, his first voyage from the lena, - . winters at a mouth of the kovyma, . not being able to double sheletskoi noss, returns to the kovyma, winters there a second time, and returns to the lena, . no account of his second expedition, he and his crew being killed by the tschutski, . _sheep's rock._ see _baranèi kamen_. _shelatskoi noss_, whence that name is derived, . _shemiya_, one of the aleütian islands, . _shilkin (ivan)_, his voyage, . wrecked on one of the fox islands, . where the russians are attacked by the savages, whom they repulse, . after suffering the greatest distress, they build a small vessel, in which they are a second time wrecked, and return at last in serebranikoff's vessel to kamtchatka, . . _shuntschi_, the first chinese emperor of the manshur race, . _shushu_, the first of the kuril isles, . _sibir_, the principal residence of kutchum chan, . _siberia_, conquest of by yermac, . second irruption of the russians into that country, . state of at the time of yermac's invasion, . conjecture concerning the derivation of that name, _ibid._ totally reduced by the russians, . transport of the russian and chinese commodities through that country, . see _ivan vassilievitch i. russia. kutchum chan._ _sitkin_, one of the fox islands, . _sitting-rooms, (chinese)_, described, . _soliverstoff (yusko)_, his expedition to the korga, to collect sea-horses teeth, . _solovioff (ivan)_, his voyage, - . arrives at unalashka, . learns the particulars of a confederacy formed by the toigons of unalashka, umnak, akutan, and toshko, against the russians, . is joined by korovin, . hostilities between him and the natives, _ibid._ winters at unalashka, with other transactions at that island, . makes peace with the natives, and receives hostages, . meets with korovin, . his crew being greatly afflicted with the scurvy, the inhabitants of makushinsk conspire to seize his vessel, . but are happily prevented, . is visited by glottoff, _ibid._ receives hostages from the inhabitants of kalaktak, . sends korenoff in different hunting parties, . journal of his voyage homewards, . his description of the fox islands, . _solvytshegodskaia._ see _strogonoff_. _steller_, his arguments to prove that beering and tschirikiff discovered america, . _strogonoff (anika)_, a russian merchant, establishes a trade with solvytshegodskaia in siberia, . makes settlements upon the kama and tschussovaia, . see _yermac_. _studentzoff_, a cossac, collector of the tribute, . . _svatoi noss_, that name explained, . _sulphur_ found on the island of kanaga, . see _copper islands_. _synd_ (capt.) his voyage to the n. e. of siberia, . discovers a cluster of islands, and a promontory, which he supposes to belong to america, . t. _tabaetshinskian_, a mountain of kamtchatka, emitting a constant smoke, . _tagalak_, one of the andreanoffskye islands, description of, . _tartarian rhubarb._ see _rhubarb_. _tchingi_, a town on the banks of the tura, . see _yermac_. _tea_, finer in russia than in europe, and why, . _temnac_, an aleutian interpreter, . _tien_, an idol worshiped in the small pagoda at maimatschin, . _tigilskaia krepost_, a district of kamtchatka, . _tolstyk, (andrean)_, his voyage to the aleutian isles, in , . ditto, in , . ditto in , - . discovers the andreanoskie islands, . shipwrecked near the mouth of the kamtchatka river, . _toshko._ see _solovioff_. _totchikala_, a village of unalashka, . _trapesnikoff (nikiphor)_, boris and glebb, a vessel fitted out by him, her voyage and return, . . &c. another vessel fitted out by him destroyed, and the crew cut off, by the natives of unimak, . _tsaaduck_, a kind of lamp, . _tsaudsing_, a chinese idol, . _tschirikoff._ see _beering_. _tschussovaia_ (a river). see _strogonoff_. _tschutski_, a people on the river anadyr, . boundaries of their country, . see _asia_. _tschukotskoi noss_, the n. e. cape of the country of the tschutski, . stadukin and soliverstoff claim the discovery of the passage round that promontory, . see _deshneff, svatoi noss, shelatskoi noss_; see also p. . _tschuvatch._ see _yermac_. _tsetchina_, one of the andreanoffsky islands, description of, . _tsikanok_, or _osernia_, a river of unalashka, . _tsiuproff_, his adventures at the aleutian islands, . see _belayeff_. _turkey rhubarb._ see _rhubarb_. u. _vaksel._ see _kamtchatka_. _vassilievitch._ see _ivan vassilievitch_. _vaugondy._ see _longitude_. _udagha_, a bay on the n. e. of unalashka, . _verchnei_, or _upper kamtchatkoi ostrog_, a district of kamtchatka, . _ukunadok_, a village of unalashka, . _ulaga_, one of the fox islands. see _otcheredin_. _umgaina_, a village of unalashka, . _umnak_, one of the fox islands, . see _korovin, solovioff_. _unalashka_, or _agunalashka_, one of the fox islands, . adventures of four russians belonging to drusinin's crew there, - . description of, . ayaghish and the roaring mountain, two volcanos, on that island, . productions, _ibid._ the inhabitants less barbarous than those of the other fox islands, . _unimak_, an island to the east of agunalashka, . see _trapesnikoff_. _unyumga._ see _pushkareff, golodoff_. _volcanos_, some burning ones in kamtchatka, and traces of many former ones to be observed there, . one eruption near lower ostrog in , and another in , _ibid._ an high volcano on the island of kanaga, . see _copper island, unalashka_. _vorobieff_, his voyage, . w. _wheels_, a carriage with four wheels a mark, of high distinction among the chinese, . _white month_, explained, . _women_, none allowed to live at maimatschin, and why, . _wsevidoff (andrew)_, his voyage to the new-discovered islands, . y. _yakoff (jacob)_, composed the chart of krenitzin and levasheff's voyage, . _yediger_ (a tartar chief), pays tribute to the russians, . see _kutchum chan_. _yenisèi_, a river of siberia, , & seq. _yerken_, a town of little bucharia, . _yermac_, being driven from the caspian sea, retires to orel, , where he winters, and determines to invade siberia, . to which he is instigated by strogonoff, . marches towards siberia, and returns to orel, . sets out on a second expedition, and arrives at tchingi, . defeats kutchum chan at tschuvatch, . marches to sibir, and seats himself on the throne, . cedes his conquest to the tzar of muscovy, . who sends him a reinforcement, under the command of prince bolkosky, . is surprised by kutchum chan, . and drowned, . veneration paid to his memory, . see _allai, russians, siberia, ivan vassielivitch_ ii. _yefimoff (sava)_, one of yermac's followers, an accurate historian of those times, . _yugoff (emilian)_, his voyage, . dies on copper island, . z. _zuchert._ see _rhubarb_. _zuruchaitu._ description of, . its trade very inconsiderable, . see _kiachta_. finis. books printed for t. cadell. the history of england, from the invasion of julius cæsar to the revolution. a new edition, printed on a fine paper, with many corrections and additions; and a complete index, vols. royal paper, l. s. * * * another edition on small paper, l. s. another edition in vols. vo. l. s. the history of scotland, during the reigns of queen mary and of king james vi. till his accession to the 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particularly copenhagen, stockholm, and petersburgh, in a series of letters, by n. wraxall, jun. d edition. s. a journey to the western isles of scotland. by the author of the rambler. s. transcriber's notes: words surrounded by _ are italicized. small capitals are presented as all capitals in this e-text. symbol inverted asterism (three asterisks arranged as inverted triangle) is presented as * * * (dinkus) in this e-text. obvious punctuation errors repaired. all apparent printer's errors in the text have been retained. footnotes without anchors are removed from this e-text. they are listed here: - page : s. r. g. v. iii. pallas reise. - page : see the preceding chapter. ---------------------------------------------------- transcriber's note: words in bold typeface are surrounded by plus signs. ---------------------------------------------------- supplement to commerce reports daily consular and trade reports issued by the bureau of foreign and domestic commerce department of commerce, washington, d. c. annual series no. a march , +turkey,+ +harput.+ +by consul leslie a. davis.+ the limited trade of the harput consular district has almost entirely ceased since the outbreak of the european war. under normal conditions the trade is small and confined to the merest necessaries of life. stoves, bedsteads, dining tables, table linen, individual tableware, and many other articles usually regarded as indispensable in domestic life are not to be found even in the homes of the better classes. +limited business opportunities--population.+ there are no manufacturing establishments or industrial enterprises of any importance and no business houses of any size in the entire district. the only stores are small shops or booths of one room, seldom more than or feet square and usually even smaller than that. the business of any one merchant is necessarily small, and the quantity of goods that he can handle limited. the goods are usually obtained by him through business connections in constantinople or aleppo. the district is essentially agricultural, and the products of the soil supply nearly all the needs of its inhabitants. the vilayet of mamouret-ul-aziz, in which harput is situated, is said to contain about , inhabitants, of whom , reside in the sandjak of mamouret-ul-aziz, , in the sandjak of malatia, and , in the sandjak of dersim. of the total number, about , are christians and the remainder mohammedans. there are nearly , villages in the vilayet but no large cities. in addition to the vilayet of mamouret-ul-aziz, four other vilayets depend on this consulate--sivas, diarbekir, bitlis, and van. this comprises the greater part of the interior of asia minor, a region as large as all new england and new york combined, with a total population of about , , . +lack of transportation and other facilities--trade routes.+ there are no railroads, tramways, electric light or gas plants, public telephones, places of amusement, automobiles, or newspapers in the entire district. the lack of means of transportation is the greatest hindrance to the development of the country. there are not even any navigable rivers in the district. the distance to any seaport is to miles, and all goods have to be brought here over extremely rough, mountainous roads, which are never kept in repair. in times of peace some goods are transported in crude carts, but at all times the greater part is carried on the backs of camels or donkeys. transportation is thus always a matter of many weeks and often of months, especially in the winter, when the roads are frequently blocked by snow for two or three months. the principal trade route in the district begins at samsun on the black sea and runs southeast to bagdad, passing through sivas, harput, and diarbekir. goods destined for this vilayet usually come via samsun, which is about miles from harput. this port being inaccessible at the present time, the few articles that come here are brought overland from constantinople via angora and sivas or by mule trail from alexandretta. little merchandise has been received during the last few months. freight rates are, of course, extremely high at all times, being many times greater than the rate from the country of export to the port of arrival in turkey and often amounting to much more than the original cost of the goods. this region can never make much progress commercially until transportation conditions are remedied by the building of railroads, and this is not likely to be done except with foreign capital and assistance. +housing conditions--military exoneration tax.+ owing to the lack of building stone and almost total lack of wood of any kind in this part of turkey, all houses in both town and country are built of mud bricks called "kerpitch," which is a mixture of mud and straw. the houses are not large and part of them is always used for the stable, one or two rooms only being reserved for the use of the family, which lives in the simplest and most primitive manner. every one sleeps rolled up in a blanket on the earth floor. the only fuel used by the majority of the population is manure dried in the sun. among people accustomed to this manner of living it can not be expected that there will be much market for foreign goods. the lot of the people is made worse by uncertain economic conditions and recent political unrest. the exoneration tax of turkish pounds gold ($ . ) levied on those who have been excused from military service in the present war represents the life savings of the majority of the people who have paid it. yet a certain amount of progress is to be noted. many of the inhabitants have been to the united states. they have naturally brought back some new ideas, and as a result there is a slowly growing demand for certain articles. most conspicuous is the increase in the sale of cheap ready-made and second-hand clothing. a large portion of these goods now comes from the united states. the total imports in amounted to about $ , , as compared with $ , in the previous year. there is also a slight demand for metal roofing, the imports of which amounted to $ , in , as compared with $ in . +business situation during the early part of last year.+ trade in this district was not especially good at the beginning of . it is allways dull in the interior of turkey during the winter months. the depression was greater than usual, however, as the country had not recovered financially from its two recent wars. after the french loan was negotiated and the first payment received the prospects were brighter. concessions were granted in connection with this loan for the construction of a railroad between samsun, on the black sea coast, and various points in the interior of asia minor, and work was actually begun at samsun. as much of the region between samsun and harput is very fertile and at the present time it is impossible to export the crops because of lack of means of transportation to the coast, the people were looking forward to a new era. the telegraph and mail services had already been greatly improved. during the spring and early summer there was much building activity at harput and many new houses were in process of erection. in july the streets here were publicly lighted for the first time. at sivas plans were made to establish an electric-light plant. crops everywhere were unusually good and after the trade depression of the first half of the year a revival of business was anticipated for the autumn. the building activity resulted in an increased demand for some building materials. shopkeepers and merchants were on their way to constantinople to replenish their stocks, when suddenly a general mobilization of the turkish army was declared. trade ceased, as many merchants and tradesmen had to join the army. harvesting was left largely to the women and children and a considerable portion of the crops was lost. grain, animals, and goods of all kinds were requisitioned by the government. money was withdrawn from circulation and the banks refused to make payments. +large decrease in import trade.+ the import and export trade of this region in was therefore practically limited to the first seven months of the year. the imports, however, during that period were greater than usual, due largely to the fact that this city has recently been made the headquarters of an army corps and increased business was anticipated. the total value of the imports in was $ , , , as compared with $ , , in . of the imports in , goods from abroad amounted to $ , , and goods from other parts of turkey to $ , . the values of the principal imports from foreign countries into the vilayet of mamouret-ul-aziz for and and the principal countries of origin for are shown in the following table (united states, u. s.; austria, aus.; belgium, bel.; france, fr.; germany, ger.; greece, gr.; italy, it.; netherlands, neth.; russia, rus.; sweden, sw.; switzerland, switz.; united kingdom, u. k.): --------------------+---------+---------+------------------------------------ articles. | | | countries of origin, . --------------------+---------+---------+------------------------------------ arms and ammunition | $ . | $ , | bel., u. s., ger., fr., aus. books | , | , | fr., u. k., u. s., ger. candles | , | , | aus., ger., fr. chemicals, dyes, | | | etc.: | | | alizarin, anilin, | | | and artificial | | | indigo | , | , | ger., aus. indigo | , | , | india. clocks and watches | , | , | aus., ger., fr., switz., u. s. clothing | , | , | u. s., fr. coffee | , | , | brazil, arabia copper, sheet | , | , | u. k. cotton goods: | | | cabots | , | , | u. k., it., ger., aus., u. s. calicoes | , | , | u. k., it., ger., aus., rus. flannel | , | , | it., aus., bel., neth., u. k. handkerchiefs | , | , | u. k., aus., ger. prints | , | , | u. k., it., rus. sheetings | , | , | u. k., it., neth. yarn | , | , | u. k., india. other | , | , | u. k., it., aus., ger., bel. crockery | , | , | aus., ger., it., fr. drugs | , | , | u. k., fr., u. s., ger. enameled ware | , | , | aus., ger. fezzes | , | , | aus. glass and glassware | , | , | aus., ger., u. s. grammaphones and | | | supplies | | | hides, buffalo | , | , | india, china. iron and steel, | | | manufactures of: | | | agricultural | | | implements | , | , | u. s., u. k., ger., aus. hardware | , | , | ger., aus., u. s. machinery-- | | | ginning | , | | printing | | | other | , | , | u. k., u. s. nails | , | , | u. k., aus., bel. roofing, metal | | , | fr., u. s. sheet iron | , | , | fr., u. k. shovels | , | , | do. tools | , | | u. s., ger. water pipes | | | other | , | , | bel., aus., ger., sw., neth., u. s. jewelry | , | , | aus., it., ger. leather | , | , | fr., ger., gr. matches | , | , | aus., it. mercer's goods | , | , | aus., u. k., it. paper | | | cigarette | , | , | aus., fr., ger. other | , | , | aus., ger., u. k., bel. perfumes | , | | fr., ger. petroleum | , | , | rus., roumania, u. s. rubber overshoes | | | and goods | , | , | u. s. sacks and sacking | , | , | u. k. spices | , | , | india. sugar | , | , | aus., rus., egypt. tea | , | | u. k., rus. tin | | , | u. k. velvet | , | , | u. k., it. woolen goods: | | | underwear | , | , | ger., aus. other | , | , | u. k., fr., ger., aus., bel. all other articles | , | , | --------------------- total , , , , ----------------------------------------------------------------------------- the imports into the vilayet of mamouret-ul-aziz from other parts of turkey during were valued at $ , , compared with $ , for . the imported articles and their value for two years were as follows: -------------------------+---------+--------- articles. | | -------------------------+---------+--------- aniseed | $ , | $ , butter | , | , copperware | , | , flour | , | , henna | , | , horseshoes | , | , ornaments, gold and | | silver | , | , rice | , | , salt | , | , shares, plow | | (native make) | , | school supplies | , | , sheetings | , | , sheep and goats | , | , soap | , | , timber | , | , tobacco | , | , towels | , | , all other articles | , | , ------------------- total , , -------------------------------------------- +effect of war on export trade.+ the effect of the disturbed conditions on the export trade was much worse, as most of the articles exported from here are agricultural products and are not shipped until the latter part of the year. by that time all animals that could be used for transport were requisitioned for the army and shipments either abroad or to other parts of turkey were impossible. consequently, the export trade to foreign countries from this vilayet in amounted to only $ , , as compared with $ , in , and the value of shipments to other provinces of turkey to $ , , as compared with $ , in --a total of only $ , in , whereas the total exports in amounted to $ , , . these exports were as follows: ------------------+---------+----------- articles. | | ------------------+---------+----------- to foreign countries. | apricot stones: | | bitter | $ , | sweet | , | cocoons | , | cotton | , | $ , embroideries | , | , fruits, dried | , | furs | , | goatskins | , | leather, morocco | , | nuts: | | pistachio | , | other | , | opium | , | , raisins | , | rugs and kilims | , | sausage casings | , | , silkworm eggs | , | other articles | , | ------------------- total , , ------------------------------------- to turkish provinces. | almonds | $ , | apricots, dried | , | $ butter | , | cotton prints | , | , cotton | , | , cord and ropes | , | fruits | , | , goatskins | , | , hides | , | , leather, morocco | , | , manoosa | | (cotton cloth) | , | , raisins | , | , silk cloth | , | , silk, raw | , | all other articles| , | , ------------------- total , , ------------------------------------- the foregoing figures are estimates made after interviewing all the leading merchants and shopkeepers in this region. no official trade statistics are kept in the interior of turkey. the only declared exports from this consular district to the united states during was a shipment of household goods and personal effects, valued at $ , made by a missionary, who was returning home. +advance in prices of necessaries.+ the greatest decrease in imports was in the necessaries of life, such as petroleum, soap, sugar, coffee, tea, and woolen goods. the prices of these commodities have consequently increased considerably and are continuing to rise. the government has endeavored to remedy this condition by ordering merchants to sell their wares at reasonable prices. the prices of kerosene has advanced from to piasters a box (two tins), soap from to piasters an oke (a piaster is equivalent to . cents and an oke to . pounds), sugar from to piasters an oke, coffee from to piasters an oke, and tea from to piasters a box, while the prices of clothes, shoes, and other articles of wearing apparel have increased on an average about per cent. +trade opportunities along certain lines.+ notwithstanding the limited means of the people of this district and its small trade, there is a slight market here for some kinds of goods. these opportunities are undoubtedly increased to some extent by the present situation, which has cut off many of the former sources of supply, and when means of transportation are again available tradesmen will have to replenish their stocks. among articles formerly obtained from european countries that might be supplied by the united states are candles, cigarette paper, copper (sheet), enameled iron and steel ware, fezzes, matches, nails, sheet iron, shovels, and sugar. the market for sugar is especially good, and there is also a considerable demand for enameled ware, the sale of which is increasing rapidly, and for nails and shovels. +demand for cotton goods.+ the sale of many articles now imported in limited quantities from the united states may readily be increased. most important are cotton goods, especially cabots. on investigation it was found that these are sold in this district in much greater quantities than was previously supposed. it is believed that if proper arrangements could be made, american cabots might take the place, to a great extent, of those now imported from other countries. the american cabot "a" is well known in turkey and is extensively used both in the army and among the people. any cabot to be sold here must be cheap and durable. there is also a good market for calicoes and prints. calicoes must be unstarched and prints must be of fast colors. bright colors with large flower designs are preferred; prints having animal designs would not sell here. large quantities of yarn are used, especially in the region of arabkir, in the manufacture of a cotton cloth called "manoosa," which is made and worn throughout asia minor. in the past practically all the yarn has come from england and india. care should be taken about sizes, as only certain numbers are used, and only english numbers are understood. remnants of ginghams, calicoes, ribbons, or any other textile articles would have a good sale here. +increased market for second-hand clothing, shoes, knit underwear, etc.+ other articles of wearing apparel that are now imported from the united states in small quantities might be sold more extensively. the rapid increase in the sale of second-hand clothing is an indication of the possibilities in this line. the dealers in these goods have no difficulty in selling all they can get and report a growing demand for them, due largely to the return of many armenians who have lived in the united states. the men in this region are gradually discarding their native "entari" (a union waist and skirt, in appearance like a woman's dress) for modern clothes, which they find more convenient. style is of less consideration than cheapness. one frequently sees men wearing second-hand women's jackets. american shoes are worn here to some extent, and there is a fair market for shoes that sell for not more than $ or $ . there is also a growing demand for rubber overshoes, nearly all of which now come from the united states. owing to the present lack of transportation facilities they are being imported by post. knit underwear is beginning to be worn, but only by the better classes. as they comprise only a small portion of the population, the market for this line of goods is limited. parasols are always carried by the higher-class turkish and armenian women, principally for the purpose of concealing their faces. bright colors are always chosen. some improvement is to be noted in the styles of women's dresses. woolen dress goods are now sold here. medium qualities of durable material sell best. this is not as important a market for other woollen goods as might appear from the import statistics, as only the cheapest kinds can be sold. among other articles for which there is some market might be mentioned buttons, celluloid collars, suspenders, and thread. +government encouraging the use of improved agricultural implements.+ there is a great need of certain kinds of agricultural implements in this district. agriculture is practically its only industry, but it is carried on in the most primitive manner with crude wooden and iron plows and other implements of local manufacture. the government has been making some effort, however, to introduce modern farming implements, and maintains in all the principal cities in the interior of asia minor supply stations where they are sold at cost and free instruction given in their use. only the cheapest and simplest kinds of implements can be sold. much of the land is rough and stony, and oxen are used instead of horses. there is a limited market for hardware and for simple carpenters' and blacksmiths' tools, such as axes, hammers, hatchets, drills, files, planes, screw drivers, saws, hinges, locks, latches, staples, chains, wire, wire nails, knives, forks, spoons, pocketknives, scissors, clippers, currycombs, small coffee mills, and meat choppers. the last are used by nearly every one in preparing a favorite native dish of chopped meat called "kufte". until recently nearly all the above-mentioned articles used here have been of local make, but foreign-made goods are gradually taking their places. american sewing machines have a good sale. there has also been some demand for american metal roofing. +other articles that might find a market.+ among other articles for which there is some market in this district, only a small portion of which now comes from the united states, are bicycles, canned fish, clocks and watches, drugs, glass and glassware, lamps, lanterns, needles and pins, petroleum, second-hand saddles, shoe polish, soap, stationery, toys, and wooden shoe pegs. the sale of drugs is rapidly increasing, due partly to the many armenians here who have become accustomed to their use in the united states, and also to the american hospitals in the district, all of which maintain public dispensaries. the sale of american petroleum has recently begun in this region; formerly nearly all came from russia and roumania. there is no market worth seeking in this district for such articles as automobiles, electrical or other machinery, engines, motor boats, musical instruments, or office furniture, though there is an occasional isolated purchase. one automobile was ordered last june through this consulate, but owing to the outbreak of war its shipment has been indefinitely delayed. plans were being made for the installation of an electric-light plant at sivas, but the undertaking has been stopped by the war. this would have been the first one in the interior of asia minor. +effect of emigration on business--money sent from united states.+ one advantage that american firms have in doing business here is that a large number of armenians from this district have been to the united states. they have become familiar with articles of american manufacture and are useful agents in advertising their merits. most of them understand english. some of them buy small shops in the market and start in business for themselves. they naturally favor american goods. others engage in some trade in which they employ american tools. local bankers estimate that nearly $ , , , or $ per family, comes into this one vilayet annually from emigrants who have settled in the united states. the importance of this revenue to the poor people here can be appreciated from the fact that the average family lives on about $ a year. many are wholly dependent on money sent them by relatives in the united states. great hardship is being caused, therefore, by the present situation, as it is practically impossible to send money here. the only industry of importance in this district is agriculture, and the prosperity of the region depends on the success of the crops. the farmers, who constitute a large part of the population, realized but little on the crops, owing partly to the abundance of yield, the decreased demand on account of the departure of large numbers of men for the army, and the scarcity of money. these conditions, however, benefited those living in the towns and cities. wheat sold in for or piasters per kile (a piaster is equivalent to . cents and a kile to about pounds) and barley for piasters per kile. last year wheat sold as low as piasters per kile and barley as low as piasters per kile. +increased yield of cotton.+ considerable cotton of an inferior quality is raised in this vilayet. the bolls are about the size of a walnut, the fiber short, and the plants small. other varieties do not thrive here on account of the shortness of the season. the method of cultivation is primitive, most of the work being performed by women, and little effort is made to secure good crops. it is estimated that last year's yield will amount to between , , and , , pounds, which is greater than it was in ; but as the ginning is done very slowly with small machines, not more than , or , pounds had actually been brought to the market by the end of the year. none arrived until december and it is probable that the full crop will not be received before may or june. no cotton is being exported at the present time, but last year about $ , worth of the crop went to russia, and about $ , worth to other provinces of turkey. about , pounds of cotton are sold in this vilayet each year to be used in making rough cotton cloth and native prints. this year, however, owing to the impossibility of exportation and to the difficulty of importing cotton goods, much more than that amount will probably be used in making native cloth. the price of last season's cotton when it was first received was piasters a batman (about cents a pound). by the end of december it had advanced to piasters a batman ( cents a pound). the average price here is or piasters a batman ( to cents a pound). +production of silk, opium, and fruit.+ the cultivation of silkworms is carried on in nearly every village of the district. there are a number of small silk factories and most of the production of this industry is used locally, but usually some cocoons are exported each year to marseille and some silkworm eggs to russia, persia, and roumania, while raw silk goes to several of the other provinces of turkey. last year there were no exports abroad in this line and very little, if anything, sent to other provinces. the production of cocoons in this vilayet was only about half what it was in , amounting to about , pounds (making , or , pounds of raw silk). one-fourth of this amount was used by one factory, the only one of any size in the district, but this is now closed because there is no market for its goods. a small amount was used by a few other small factories and the remainder is on hand. the amount of eggs last season was , ounces, the same as in , of which , ounces were used here and the remainder is on hand. the yield of opium last year was practically the same as in , amounting to about , okes ( , pounds), all of it being produced in malatia. only about half of this amount, valued at $ , , has been exported. the price fluctuated considerably last season, varying from $ . to $ per pound. the average price here is about $ per pound. the fruit crop last year was much less than usual, as the trees were badly damaged by hailstorms in may and much of the fruit destroyed before it was ripe. there was only about half an average crop of almonds, grapes, apples, pears, and plums. the price of almonds, however, is only piasters an oke ( cents a pound), about half the usual price, because none were exported. the crop of apricots was about average, and the peach crop only a little below the average. +lack of fuel--machinery for artesian well.+ the lack of fuel is one of the greatest problems of this region. the only wood obtainable is scrub oak sapplings, all of which has to be brought here on the backs of donkeys from a distance of two or three or even four days' journey. the price is advancing each year as the supply is getting scarcer and the wood brought from greater distances. there is no way by which coal or wood could be brought here from other places. the recent discovery of a deposit of coal in the paloo region, two days' journey from harput, aroused hopes that this problem might be partially solved, but the coal has proved to be of inferior quality and hardly worth bringing here. the machinery for the artesian well mentioned in the last two annual reports from this consulate was recently set up and drilling has begun under the direction of a native engineer, but as yet without results. washington : government printing office : transcriber's note: italic text is denoted by _underscores_. small capital text has been replaced with all capitals. the carat character (^) indicates that the following letter is superscripted (example: ^e). minor typographical and punctuation errors have been corrected without note. irregularities and inconsistencies in the text have been retained as printed. mismatched quotes are not fixed if it's not sufficiently clear where the missing quote should be placed. * * * * * anglo-dutch rivalry during the first half of the seventeenth century being the ford lectures delivered at oxford in by the rev. george edmundson, m.a. f.r.g.s. f.r. hist. s. late fellow and tutor of brasenose college honorary member of the dutch historical society (utrecht) foreign member of the society of netherlands literature (leyden) oxford at the clarendon press henry frowde, m.a. publisher to the university of oxford london, edinburgh, new york toronto and melbourne preface the varying fortunes of the obstinate and fiercely contested struggles with the dutch for maritime and commercial supremacy in the days of the commonwealth and the restoration are familiar to all readers of english history, and especially of english naval history. never did english seamen fight better than in these dutch wars, and never did they meet more redoubtable foes. the details of the many dogged contests marked by alternate victory and defeat are now more or less unintelligible save to the expert in the naval strategy and tactics of the times, but legends have grown round the story of martin tromp sailing down the channel with a broom at his mast-head, and of the exploit of michael de ruyter in burning the english ships at chatham, which are never likely to be forgotten. the names of these two famous seamen are probably better known to englishmen than those of any of the contemporary english admirals save that of robert blake alone. this fact should bespeak for the attempt that is here made to trace the causes and the growth of the anglo-dutch rivalry at sea and in commerce, which culminated in the collision between blake and tromp off dover on may , , and the declaration of war that followed. it has been my object in these ford lectures to treat of the relations between england and the united provinces during the half-century that preceded the first outbreak of hostilities, and to make it clear that these wars of - , - , - were the inevitable outcome of a long-continued clashing of interests, which were of fundamental importance and indeed vital to the welfare of both nations. the first half of the seventeenth century was one of the most critical periods in english history. in any account of the reigns of the first two sovereigns of the house of stewart political and religious questions of primary significance thrust themselves into the foreground of a picture full of deepening dramatic interest, with the result that other questions, apparently subordinate but in reality closely bound up with the national destinies, have been either relegated to the background or wholly overlooked and neglected. it has been so in regard to the questions dealt with in these pages. the history of the revolt of the netherlands and of the rise of the dutch republic shows to us englishmen and dutchmen united by bonds of sympathy and fighting side by side against a common foe. to both alike the spaniard and the inquisition were hateful, and in shedding their blood freely for the cause of dutch freedom englishmen were in fact acting in their own self-defence against the ambitious projects of philip ii. at first sight then it appears strange that the conclusion of the truce for twelve years in should have been followed by a coolness and growing estrangement in the relations between the two countries, and by a series of endless bickerings, grievances, and disputes which all the resources of diplomacy in protracted negotiations proved unable to settle amicably to the satisfaction of both parties. the truth is that the very points of resemblance in the racial characteristics of the english and the dutch brought them into collision in almost every part of the world. born colonizers, traders, and explorers, each people was instinctively conscious that its destiny was upon the water, and that mastery of the seas was a necessity of national existence. hence a rivalry which was unavoidable, inexorable, a rivalry which could eventually have only one of two issues, either the voluntary submission of one of the rivals to the other, or a trial of strength by ordeal of battle. james i and charles i, whatever the deficiencies and mistakes of their foreign policies, were not blind to the significance of the appearance of this new sea-power on the other side of the 'narrow seas', and were quick to recognize that the dutch menace to the essential interests of their island kingdom was at least as formidable as the spanish menace had ever been. the diplomacy of both these kings was on the face of it vacillating, uncertain, and opportunist, but it is unjust to attribute this wholly to constitutional infirmity of purpose, or to an innate propensity to carry through their schemes by tortuous by-ways and dubious intrigues. there was no lack of steadfast determination on the part either of james or charles in their resolute attempts to conduct the government and administration of their kingdoms autocratically without that adequate financial aid which parliament alone could grant. but in consequence their treasury was generally empty, and it is therefore not surprising that, confronted with the constant fear of imminent bankruptcy, they were compelled to be shifty in their dealings with foreign powers, and to work for the achievement of their ends by the processes of a devious diplomacy rather than risk the costly charges of an appeal to arms. nevertheless it will be seen that in their negotiations with the united provinces never for a single moment would either james or charles make the slightest concession in regard to the claims of the british crown to undisputed sovereignty 'in the narrow seas', and they insisted that every foreign vessel should recognize that sovereignty by striking its flag when meeting a british war-ship in those waters. the period with which i am dealing was one of chartered companies, of trade monopolies, and of commercial protection in its most aggressive form. probably at that stage in the world's history no other economical system was conceivable or would have proved workable. in any case most of the disputes and differences between the english and the dutch at this time arose from questions connected with trading privileges, and these lectures contain much concerning them. it is still, however, extremely interesting and not without instruction to read the arguments that were used and the principles that were upheld by these statesmen and diplomatists of former days. economical questions are always with us, and men's opinions differ now as to their right solution as much as they did three centuries ago. george edmundson. sumner place, s.w. _may , ._ table of contents i: - the elizabethan spirit of enterprise. elizabeth and the revolt of the netherlands. mission of leicester. rise of the dutch republic. its cumbrous form of government. oldenbarneveldt and maurice of nassau. character of elizabeth's policy. treaty of . attitude of james i to the dutch. negotiations for the twelve years' truce. intrigues of the spaniards to gain james's support. the venetian, nicolo molin's review of the situation. conclusion of the truce. changed relations between england and the states. royal proclamation of restricting liberty of fishing in the british seas. indignation in holland. dutch embassy sent to london. the states-general promise protection to their fishermen. winwood's interview with oldenbarneveldt. the fisheries question. _magnus intercursus._ treaty of binche. the great (or herring) fishery. its importance. the basis of dutch trade. the proclamation popular in england. james's motives. grotius's _mare liberum_. conferences with the dutch envoys. the jülich-cleves succession. siege of jülich. execution of fisheries proclamation postponed. the spanish marriage question. situation in as reported by the venetian, marcantonio correr pages - . ii: - growing rivalry between the english and dutch. english public opinion expresses itself in pamphlets. ralegh's _observations_. _england's way to win wealth_, by tobias gentleman. _the trades' increase_, by j. r. views of the venetian, pietro contarini. gondomar, spanish ambassador in london. his influence with james. deaths of robert cecil and prince henry. effect on english policy. rapid progress of the united provinces in trade and wealth. oldenbarneveldt ransoms the cautionary towns. sir dudley carleton, ambassador in holland. the greenland (or spitzbergen) fishery dispute. monopoly granted to the muscovy company. dutch opposition. the rival claims. sir h. wotton's mission. armed collision of . history of the cloth trade between england and the netherlands. the merchant adventurers. alva expels them from antwerp. their settlement at middelburg, . revocation of charter by james, . patent granted to cockayne's company. dutch prohibition. failure of cockayne. adventurers' charter restored. anger of james. attempt to levy a toll on the dutch fishing busses. the john browne affair. browne arrested. english reprisals. satisfaction given by the states. fishing dispute remains an open sore. rivalry of the two east india companies. the spice trade. situation acute. carleton demands that a special embassy be sent to london to discuss all points of difference pages - . iii: - civil discord in the united provinces. the embassy of to england. its powers limited to the greenland and east indian questions. the herring fishery and cloth disputes not to be discussed. james demands peremptory settlement of fishery question. reply of the states' envoys. difficulties insuperable. james grants a brief delay. long discussions upon the greenland and east indian differences. no agreement arrived at. outbreak of the thirty years' war. disasters of the elector palatine in bohemia. confronted by a common danger, english and dutch negotiators become more amenable. temporary _modus vivendi_ agreed upon. james's spanish proclivities feared in holland. dutch embassy of . presses for an alliance for mutual defence and recovery of the palatinate. james's difficulties with his parliament and financial straits. strong influence of gondomar with the king. james demands settlement of disputes as the preliminary to an alliance. embassy returns without result. the merchant adventurers set up their court and staple at delft. another dutch embassy in . francis aerssen van sommelsdijk at its head. its instructions. conferences in london. testiness and ill-humour of the king. an east indian accord. after fourteen months in england the embassy returns, leaving all other points of dispute unsettled pages - . iv: - prince charles and buckingham at madrid. the english and scottish regiments in the dutch service. the dutch west india company. conciliatory policy of the states general. effect of the failure of the spanish marriage project. james's hand forced. interview of carleton with maurice of nassau. mission of aerssen and joachimi, february, . defensive alliance concluded, june . english levies for the netherlands. negotiations interrupted. death of caron, december ; james i, march ; maurice of nassau, april . albert joachimi succeeds noel caron as dutch resident minister in england. francis van aerssen and rienck van burmania, with joachimi, sent (june, ) on special embassy to charles i on his accession. treaty of southampton (an offensive and defensive alliance) signed september . a dutch squadron takes part in the ill-fated expedition to cadiz. the old differences between the two countries revive. states-general refuse to give the english resident a seat on the council of state. complaints of the merchant adventurers. right of search for contraband. jacob cats goes to london, . the massacre of amboina, and fishery questions. dutch policy of delay. no settlement reached. comment of aitzema on the cats' mission. difficulties of charles i. the disastrous expedition to la rochelle. lord carleton sent as envoy extraordinary to the hague. his secret instructions and attempts at negotiation. another dutch embassy dispatched to england, january, . lord carlisle sent to join carleton at the hague with further instructions (may). small results of so much diplomacy. assassination of buckingham. final breach of charles with his parliament. dutch mediation brings about peace with france, april , pages - . v: - vacillating foreign policy of charles i. alliance between france and the united provinces, . cornelis van beveren sent by the states-general (march, ) to try in conjunction with the french ambassador at whitehall to draw england into a triple alliance. charles issues a proclamation (april), prohibiting fishing upon his majesty's coasts and seas without a licence and payment of a toll. john selden's _mare clausum seu dominium maris_. joachimi summoned to the hague. an english fleet sails north to enforce payment of the toll. instructions given to joachimi. he returns and meets the king at woodstock, september . the king obdurate. dutch squadron sent to protect the fishermen. no collision between the rival fleets. the toll uncollected. van beveren renews negotiations. offers dutch co-operation in the palatinate for withdrawal of fishing proclamation. charles undertakes not to enforce the licence, but will not yield on question of the sovereignty of the seas. conference arranged at hamburg for conclusion of a quadruple protestant alliance. insincerity of charles. suspicions of the dutch. difficulties, delays and intrigues. failure of the conference. the king turns again to spain. sailing of spanish armada under admiral oquendo in . encounter with a dutch squadron, september . driven to seek refuge in english waters. battle of the downs, october . total destruction of the spanish fleet by tromp. infringement of english neutrality. indignation of charles. aerssen sent over on a mission of conciliation. his diplomatic skill and tact. the matter hushed up. the king has no alternative. his bankrupt state. compelled to summon parliament. his domestic complications and difficulties. meeting of the long parliament. evidence to show that the king did not invite the spaniards to take refuge in english waters. they arrived unexpectedly and as unwelcome guests. heenvliet arrives in london to negotiate a marriage between william, the only son of the stadholder, and mary, princess royal of england. his overtures successful. the marriage takes place amidst public rejoicings, may , pages - . vi: - ominous political state of england at the time of the marriage of william and mary. confidential relations of heenvliet with henrietta maria. visit of the queen to holland. her efforts to secure help for the royalist cause. goodwill of frederick henry. the dutch people generally anti-royalist. mission of walter strickland from the parliament. the states-general refuse to receive him. under pressure from holland they declare for strict neutrality. they send two envoys in to offer mediation between the king and the parliament. after more than a year of futile effort they return. death of frederick henry, march, . peace of munster, january, . character and ambitions of william ii, prince of orange. his affection for and generosity to his english relatives. mission of dr. doreslaar. the states-general will not grant him audience. adrian pauw and albert joachimi commissioned to intercede for the life of charles i. the news of the king's execution excites universal horror and detestation in the states. condolences are officially offered to king charles ii. the english council of state send over isaac doreslaar and walter strickland to propose closer relations between the two republics. doreslaar is assassinated. recall of strickland. joachimi ordered to leave london. the province of holland takes independent action. the states of holland send gerard schaep to london to bring about a better understanding, january, . the prince of orange engages in a struggle for supremacy with the states of holland. supported by the states-general, he compels the submission of the hollanders by armed force. his ultimate aim with the aid of france to attempt a stewart restoration. his sudden death by small-pox, november , . his death followed by revolution. the stadholderate is abolished. the great gathering. holland supreme in the state. the commonwealth recognized. joachimi returns to london. st. john and strickland make a state entry into the hague. hostile reception. negotiations for 'a more strict and intimate alliance and union'. divergence of views. no prospect of agreement. the english envoys leave the hague, july, . bitterness in england against the dutch. all the old grievances raked up. navigation act. deadly blow to dutch commerce. mission of cats, schaep, and perre, december , . both sides arming. exorbitant english demands. refusal of the dutch to accept them. conflict between tromp and blake off dover, may . final negotiations. dutch envoys leave england, june . war declared pages - . appendix pages a. the great or herring fishery - b. the narrow seas - c. the jÜlich-cleves succession question - d. the origin and early history of the merchant adventurers - e. the interlopers f. the english and scottish regiments in the dutch service - g. king charles's proclamation on the restraint of fishing, - bibliography i: - the last two decades of the sixteenth century hold a place apart in english history. the exploits of the great elizabethan seamen helped to shatter the supremacy of spain upon the sea, but they did more than this. they aroused in the english people the instinct of their true destiny, as a maritime, trading, and colonizing power. the granting of charters to the eastland (baltic) company ( ), to the levant company ( ), to the guinea company ( ), the foundation of the great east india company ( ), the opening out by the muscovy company of a new trade route to persia by way of astrachan, the daring efforts to discover a north-west and a north-east passage to cathay and the indies, the first attempts to erect colonies in virginia and newfoundland, all testify to the spirit of enterprise which animated the nation, a spirit whose many-sided activity never failed to command the queen's sympathy and encouragement. in thus entering, however, upon that path of colonial and commercial expansion which in later times was to become world-wide, the englishman found himself in the first half of the seventeenth century confronted by a more formidable rival than the spaniard. the defeat of the invincible armada was followed[ ] by the rise of a new sea-power. at the opening of the seventeenth century the dutch republic had not only succeeded in resisting all the efforts made for its subjugation to spanish rule, but, after more than thirty years of continuous and desperate struggle, was thriving in the midst of war. in the course of that struggle much help had been given, both in money and men, by elizabeth. but the english queen was not for many years whole-hearted in her support. she saw in the revolt of the netherlands a means for draining the resources of a dangerous adversary. it was no small relief to her that the coast lying opposite to the mouth of the thames, with its many ports and hardy sea-faring population, should no longer be at the disposal of the master of the strongest navy in the world. she felt a certain amount of sympathy with the dutch on religious grounds, but a sympathy tempered by political considerations, and strictly subordinated to them. to support the rebellion of subjects against their legitimate ruler was to the instincts of the tudor queen a course which only necessity could justify. hence her repeated refusal of the proffered sovereignty, her niggardly aid, her temporizing and apparently capricious attitude. as a matter of fact, throughout this critical period of her reign the policy of elizabeth was not governed either by sentiment or by caprice. she always kept steadily in view the welfare and the security of england, with whose interests those of her own throne were identified, and she held aloof from entanglements which might be dangerous to the safety of her kingdom. not until after the assassination of william the silent, followed by the success of parma in capturing antwerp, august, , did she make reply to the threatening attitude of spain by openly taking sides with the rebel provinces. still refusing the sovereignty, she sent leicester at the head of a strong body of english troops to act in her name, as governor-general, at the same time characteristically bargaining that the seaports flushing and brill with the fort of rammekens should be delivered to her in pledge for the repayment of her costs. the mission of leicester was a failure, whether it be regarded from the military or the political standpoint, but it gave the dutch at a transition period of disorganization and pressing peril a disciplined force to assist in their defence, and a breathing space for recuperation. [ ] see the admirable monograph on the subject by the late professor robert fruin, _tien jaren uit de tachtigjarigen oorlog, - _. the resignation of his post by leicester (april, ) may be taken as the date at which the history of the united netherlands as a self-governing state really begins. the treaty with england still subsisted by the terms of which the commander of the english auxiliary troops with two colleagues had seats in the council of state, but the council of state ceased ere long to have any but executive functions. the conduct of affairs affecting the whole union was vested in the states-general as representing the states of the seven sovereign provinces from which its authority was derived. a more cumbrous system of government than that under which the united provinces were now to develop rapidly into a powerful and flourishing state, probably never existed. that it was workable was due to two facts. the voices of the provinces were nominally of equal weight in the states-general, in reality that of holland was dominant. holland contributed per cent. of the general expenses and contained about one-half of the entire population of the union. with zeeland she furnished almost the whole of the navy and was already becoming one of the most thriving centres of commerce in the world. at this time the influence of an exceptionally able statesman, john van oldenbarneveldt, who filled the office of advocate of holland, was supreme in the states of that province, and as their representative and spokesman he was able to exercise an authority in the states-general which placed for thirty years in his hands the general administration of the country and the control of foreign affairs. by his side stood maurice of nassau, respected and honoured as the son of william the silent, wielding as captain and admiral-general authority over all the armed forces of the republic, and exercising as stadholder of five provinces large executive powers. a consummate general but no politician, maurice was content to leave the business of administration and the conduct of diplomacy in the hands of the statesman who had been his father's friend. thus by the efforts of these two men, each eminent in his separate sphere, the youthful republic, despite the inherent weaknesses of a confederacy so loosely compacted as that of the united provinces, was able to carry out a wise and consistent foreign policy, to defend its borders, and meanwhile to thrive and flourish. the relations between england and the states required the most careful handling during the whole of the period that intervened between the return of leicester and the death of elizabeth. the assistance given by the english queen had not been without a return: it had been fully repaid by the services rendered by the dutch fleet during the spring and summer of in blockading the ports in which lay the transports collected by the duke of parma for the invasion of england. when the armada entered the channel, parma with his splendid veteran army was thus compelled to remain a helpless spectator of events, unable to take any part in promoting the success of the great enterprise which philip had been so long preparing. but elizabeth had been piqued by the opposition that leicester had encountered, and by the evident determination of the states, under the leadership of holland, not to permit any interference on the part of the representative of a foreign power with their provincial rights and privileges. she did not withdraw her help, but it was given from motives of pure self-interest rather than from any love for the cause she was supporting, and in a huckstering spirit. with her it was a question of give and take, and the military successes of maurice, accompanied as they were by the rapid growth of commercial prosperity in holland and zeeland, only encouraged her to drive a harder bargain in her negotiations and to press for repayment of the loans she had advanced. in these circumstances friction in the relations between england and the republic was at times inevitable, but the community of interests was so strong that friendly co-operation never ceased. an english contingent took part in the campaigns of maurice; a powerful dutch squadron sailed with the fleet of essex to the sack of cadiz in . the conclusion of peace between france and spain in may, , brought about a fresh treaty between england and the united provinces, the terms of which point clearly to the great change which had taken place in the relative position of the two states since the time of leicester's mission. the dutch were now in a position to promise the repayment of their debt to elizabeth by equal annual instalments[ ] and to undertake in case of a spanish attack upon england to come to the assistance of their allies with thirty ships of war and a force of , infantry and five cornets of cavalry. on the other hand, only one englishman henceforth was to have a seat upon the council of state, and the english auxiliary troops in the netherlands were transferred to the service of the states as their paymasters and were required to take an oath of allegiance to them. this english brigade in the dutch service, now first formed, was to have a long and honourable career. it was speedily to prove its worth and gain immortal fame by the share that it took in winning the great victory of nieuwport (july , ), and in the heroic defence of ostend ( - ). [ ] the towns of flushing and brill and the fort of rammekens were delivered into the hands of elizabeth, as security for repayment. such was the state of things when james i ascended the english throne. from him the netherlands could hope for little active aid. the chief aim of james's policy from the first was to live on friendly terms with spain, and in he concluded a treaty of peace with philip iii and with the archdukes, as sovereigns of the netherlands. his attitude to the united provinces was not indeed unfriendly. he still retained the cautionary towns, as a pledge for the debt, and his representative sat in the council of state, but as one of the conditions of peace he promised to lend no assistance to the dutch. the privilege of recruiting in england for the regiments in their service was not withdrawn, but in return a like privilege was extended to the spaniards. thus there were occasions on which englishmen were found fighting against one another on opposite sides. the court of madrid on their part, exhausted by the long and costly struggle, were already in making tentative proposals to the rebel provinces for the conclusion of a peace or truce, and meanwhile spared no efforts to prejudice the mind of james against a people for whose cause as a stanch protestant it was feared he might have secret leanings, and at the same time to secure his benevolent support in the coming negotiations. the arguments that were used and their effect upon the king are well summed up in the words of the keen-eyed venetian ambassador, nicolò molin, who in thus reports:-- 'the spaniards are ceaselessly urging upon the king that for his own interests he ought to use his utmost endeavours in this negotiation in order to bring it to some conclusion, since by continuance of the war the dutch might come to make themselves masters of those seas. having their fleets ordinarily of a hundred or more ships, and these widely scattered in different places, they can thus say, and with truth, that they are masters of those seas for the possession of which the ancient kings of england have made very long and very costly wars against the princes of europe. the king knows all this to be true, but is likewise of opinion that at a single nod of his the dutch would yield to him all that dominion that they have gained; which without doubt would follow so long as the war with the spaniards lasted, since they are not able at one and the same time to contend with two of the greatest princes of christendom. but if with time that ripens affairs peace should be effected between them and the crown of spain, i do not know if they would be so ready to yield as the king of england promises himself; since just as this profession of the sea is manifestly more and more on the wane in england, so more and more is it increasing and acquiring force and vigour among the dutch.' the perspicacity of this review of the situation was completely justified by the events. on april , , after prolonged and acrimonious negotiations, a treaty for a truce of twelve years between the belligerents was signed, but on conditions imposed by the dutch. to the spaniards the terrible drain on their resources made a respite from war a matter not of choice, but of necessity. to obtain it they had to treat with the united provinces 'as if they were an independent state', and, worst of all, they had by a secret clause to concede liberty of trading in the indies. from this moment the relations of the states with england were sensibly changed. the attitude of king james had hitherto been a mixture of condescension and aloofness, and he had not troubled himself to consider seriously the question of dutch rivalry upon the seas and in commerce, which had so profoundly impressed the venetian envoy. nicolò molin was in undoubtedly correct in his supposition that at that date james still looked upon the dutch as dependents on his favour, who would not venture to run counter to any expression of his will. the course of the negotiations for the truce must have gradually undeceived him, and their issue left him face to face with a power compelled to maintain to the utmost the interests of the extensive commerce on the proceeds of which its very existence as a state depended. no sooner were the signatures appended to the treaty than james took a step which exposed to a very severe strain his relations with the people whose emancipation from spanish rule he had, ostensibly at least, worked hard to accomplish. many indeed in holland had been suspicious of the real friendliness of his attitude during the negotiations, but very few probably imagined that he was preparing, as soon as they were ended, to put to the test their sense of the value of his services and of his alliance by striking a deadly blow at the most important of their industries. on may , , the king issued a proclamation, in which, after stating that though he had hitherto tolerated the promiscuous liberty that had been granted to foreigners to fish in the british seas, he has now determined, seeing that this liberty 'hath not only given occasion of over great encroachments upon our regalities, or rather questioning of our right, but hath been a means of daily wrongs to our own people that exercise the trade of fishing ... to give notice to all the world that our express pleasure is, that from the beginning of the month of august next coming, no person of what nation or quality soever, be permitted to fish upon any of our coasts and seas of great britain, ireland and the rest of the isles adjacent, until they have orderly demanded and obtain'd licences from us....' the news of the publication of this edict caused in holland no small surprise, not unmingled with indignation. on june the matter was discussed in the states of that province, and it was resolved[ ] that the states-general be requested to adopt measures for the vigorous defence of the land's rights as based upon the treaties. the states-general on their part resolved[ ] that a full inquiry should be made into the question of treaty rights and a special embassy be sent to london, and as early as july , king james agreed[ ] to receive such a deputation, and to appoint commissioners to enter into conference with it on the subject of the privileges and immunities for freedom of commerce claimed in virtue of ancient treaties. meanwhile the states-general promised the fishermen their protection, at the same time bidding them to be very careful not to give any cause for new complaints on the part of the king. so far indeed were the dutch from yielding immediate submission to the demand of james, or from admitting its justice, that sir ralph winwood (the resident english ambassador at the hague), reporting to the secretary of state, lord salisbury, the results of an interview he had had with oldenbarneveldt september , , informs him:-- 'the states do write expressly to their ambassador [noel caron] urging him to advertise his majesty their purpose to send to beseech him upon the necessity of this affair [i.e. liberty of fishing] in the meantime to have patience with their people trading upon his coast that without impeachment they may use _their accustomed liberty and antient privelidges_; which he [oldenbarneveldt] said they were so far from fear that his majesty upon due consideration will abridge, as that they hope he will be pleased to inlarge and increase into new ones.'[ ] [ ] res. holl. june , . [ ] res. st.-gen. june , . [ ] art. of the treaty between james and the states, july (june , , o.s.). [ ] winwood, _memorials_, vol. iii. for a right understanding of the importance of the fisheries question and of the reasons which led king james at this particular time to issue his proclamation, a short retrospect is necessary. special rights of free fishing in english waters had been granted to the hollanders and zeelanders, as early as , by king edward i, and afterwards renewed by several of his successors. finally a treaty was concluded, dated february , , known as the _magnus intercursus_, between henry vii and philip the fair, duke of burgundy, which was destined to regulate the commercial relations between england and the netherlands during the whole of the tudor period, and was still in force in . article xiv of this treaty ran as follows:-- 'conventum, concordatum et conclusum est quod piscatores utriusque partis partium praedictarum (cujuscunque conditionis existant) poterunt ubique ire, navigare per mare, secure piscari absque aliquo impedimento, licentia, seu salvo conductu.' nothing could be more explicit or complete, and it was to this clause of the _magnus intercursus_ and the rights it had so long recognized that oldenbarneveldt referred when he spoke to winwood of the dutch fishermen's 'accustomed liberty and antient privelidges.' the rights of the netherlanders to trade and navigate in scottish waters, 'sine aliquo salvo conductu aut licentia generali aut speciali', were guaranteed by the treaty of binche, dated december , , which had been confirmed by james himself, as king of scotland, in . but neither in this treaty of , nor in an earlier treaty of to which it expressly refers, '_circa piscationem et liberum usum maris, ea quae per tractatum anno _ ... inita, conclusa ac conventa fuerint debite ac sincere observari debebunt', is there any definite statement that the free use of the sea carried with it the right to fish without payment, though undoubtedly that right seems to be implied, and was certainly exercised without let or hindrance before . the question at issue was of vital consequence to the dutch. it may be asserted without any exaggeration that the commerce and prosperity of holland and zeeland had been built upon the herring fishery, and rested upon it. the discovering of the art of curing the herring by willem beukelsz at the close of the fourteenth century had transformed a perishable article of local consumption into a commodity for traffic and exchange. soon the 'great fishery', as it was called, afforded, directly or indirectly, occupation and a means of livelihood to a large part of the entire population of the province of holland.[ ] not only did many thousands of hollanders put out to sea to follow the track of the herring shoals along the british coasts, but thousands more found employment on shore in building the busses, pinks, and other boats engaged in the lucrative industry, and in providing them with ropes, nets, and other necessaries. the profit from the fishery alone before the outbreak of the revolt was estimated by guicciardini at , flemish pounds. but such an estimate was far from representing the real value of what was styled by the states-general in an official document 'one of the chiefest mines of the united netherlands'.[ ] salt was required for the curing. it was brought in dutch bottoms in its rough state from french and spanish ports, or direct from punta del rey on the coast of venezuela, and salt-refineries quickly sprang up at enkhuysen, hoorn, and other fishing centres. in a land which had no natural products, the cured herrings and the refined salt which were not required for home use served as articles of commerce, and freights were dispatched to the neighbouring lands but specially to the baltic to be exchanged for corn, timber, hemp, and other 'eastland' commodities. the enterprising hollanders and zeelanders, at first competed with the hanse towns in the baltic ports, but long before the opening of the seventeenth century had practically driven their rivals from the field, and at the time with which we are dealing it has been computed that no less than , dutch vessels were engaged in the 'eastland' traffic through the sound. the corn in its turn brought by so vast a fleet far more than sufficed even for the needs of a country where no corn was grown. some thousands of other ships laden with grain voyaged along the coast of france, the peninsula and the western mediterranean, discharging their cargoes and returning with freights of wine, silk, olive oil, and other staple products of the south. the spaniards and portuguese were in fact largely dependent upon the hollanders for their necessary food supplies, and these keen traders had no scruples in enriching themselves at the cost of their foes. an abundance of timber and hemp also came from the baltic and furnished the raw material for flourishing shipbuilding and ropemaking industries. sawmills sprang up on the banks of the zaan, and before long zaandam became the chief centre of the timber trade of europe. it will thus be seen at once how many dutch interests were involved in the full maintenance of the rights to free fishing on the british coasts guaranteed by treaty, and why it was that the states-general under pressure from the states of holland should have determined to send a special embassy to protest strongly and firmly against the edict of king james, and should have meantime promised the fishermen their protection in case of any attempt being made to compel them by armed force to pay the licences. [ ] the zeelanders in the seventeenth century, though they sent out many fishermen to the dogger bank, to greenland and spitzbergen, did not take much part in the herring fishery. see note. [ ] groot placaet-boek (july , ). the step taken by king james had, however, from the english point of view much to recommend it. the english people saw the growing maritime strength and rapidly increasing commercial prosperity of the dutch with jealous eyes. their practical monopoly of the british fisheries was deeply resented. pamphlets were written lamenting the decadence of english shipping and trade.[ ] it was felt that the ancient claim of england to the sovereignty and dominion of the narrow seas was being challenged, and that its maintenance depended upon the numbers and the experience of the sea-faring population, for whom the fisheries were the best and most practical school. a petition is extant from the fishermen of the cinque ports to the king, showing that the netherlanders drive them from their fishing, and sell fresh fish contrary to the laws, and beseeching his majesty to impose on them a tax of fifteen shillings upon every last of fish, the same as they imposed on the english.[ ] james was far from indisposed to listen to their complaints. early in his reign, in , an attempt had been made to enforce the eating of fish in england on fast-days, and the motive of it was plainly stated. it had little to do with religious observances. it was 'for the better increase of seamen, to be readie at all times to serve in the kings majesties navie, of which the fishermen of england have euer been the chiefest seminarie and nurserie.'[ ] the suggestion that licences should be required for which a tax or toll should be paid naturally presented itself to the king, at this time in sore straits for money and at his wit's end how to obtain it, as a welcome expedient. it also afforded a means by which the sovereignty and jurisdiction of the british king in the british seas could be asserted and his regalities safeguarded.[ ] the large revenue derived by christian iv of denmark from the tolls in the sound had no doubt often made the impecunious james envious of his brother-in-law, whose right to levy such an import in danish waters differed in no way from the right, which as king of great britain and ireland he was now asserting, to demand a licence from all foreigners who desired to fish on the british coasts. his decision to issue the proclamation was confirmed by the appearance in march, , of the famous treatise of hugo grotius, entitled _mare liberum_. the argument in this work seemed to be directed against the principle of a _dominium maris_ such as the english kings had claimed for centuries in the 'narrow seas', and its publication at this time aroused the resentment of james, always tenaciously jealous of any infringement of his sovereign prerogatives. as a matter of fact, as has been shown by the late professor robert fruin[ ], the _mare liberum_ was originally a chapter of a larger unpublished work of grotius, written to prove that the portuguese had no exclusive rights in the indian ocean but that the eastern seas and all others were open to the traders of every nation. the most burning question in the negotiations for the twelve years' truce, then just drawing to a close, had been that of the liberty to trade in the indies, demanded with insistence by the dutch, refused up to the very last peremptorily by the spanish king, and conceded by him finally not directly but by a kind of subterfuge. the _mare liberum_ of grotius saw the light at a time when it was hoped that his learned arguments might tend to allay the acuteness of the dispute by showing the reasonableness and legality of the position taken up by the dutch. it is clear now that these arguments, though their application was general, had their special reference to portuguese and not to british pretensions. curiously enough, as will be seen later, it was in the long succession of anglo-dutch negotiations over the fisheries in the seas over which the crown of england claimed paramount sovereignty and jurisdiction that the thesis put forward by the author of the _mare liberum_ was destined to be the source of embittered controversy. the acute mind of king james was quick in grasping its importance. [ ] _a pollitique platt_, by robert hitchcock, . _observations made upon the dutch fishery about the year _, by john keymer. ralegh, _works_, i. . sir thomas overbury's observations in his travels in : _harleian misc._ viii. . discourse addressed to the king by sir nicholas hales, on the benefit derived by the dutch from english fisheries. terms suggested for granting them a licence to fish for twenty-one years. _calendar of state papers, dom. ser., - _, p. . [ ] _cal. state papers, dom. ser., - _, p. . [ ] _statutes of the realm_, iv. , p. . [ ] letter of salisbury to cornwallis, june , . winwood's _state papers_, iii. - . [ ] fruin's _verspreide geschriften_, vol. iii, pp. - . delayed by various causes, it was not till april , , that the embassy from the states set sail from brill for england. the object of the mission was ostensibly a complimentary one--to thank the king for the active part he had taken, as a mediator, in bringing the truce negotiations to a favourable issue. the two matters which called for serious discussion were: ( ) the critical situation which had arisen in the jülich-cleves duchies owing to a disputed succession; ( ) the proclamation about the fisheries. the importance of the last question was revealed by the fact that all the five envoys originally selected were representatives of the two maritime provinces. one of the five died at brill just before starting. the four who actually sailed (april ) were: johan berck, pensionary of dort; albert de veer, pensionary of amsterdam; elias van oldenbarneveldt, pensionary of rotterdam; and a zeelander, albert joachimi, who was later to show himself a skilful diplomatist during the twenty-five years that he was resident dutch ambassador in london. elias van oldenbarneveldt was the brother of the advocate of holland. according to a letter from sir ralph winwood[ ] to lord salisbury he had special charge of the fishery question, a proof of the peculiar interest felt by the advocate in the issue raised. with them was joined the resident ambassador, noel caron. their instructions required them to seek from his majesty an explanation of his intentions in the proclamation, 'since their high mightinesses the states-general could not believe that he meant to include the inhabitants of the united netherlands among those who were bidden to pay for a licence to fish, since this was contrary to the ancient treaties subsisting between them and the crowns of england and scotland. after audiences with the king (april ) and with the privy council (may ), it was arranged that a conference on the fisheries question should be held, with a committee of the council, two of whose members were sir julius caesar, chancellor of the exchequer, and sir thomas parry, chancellor of the duchy of lancaster. the conference opened on may , and the points in dispute were argued at length. the dutch case was presented in a memorandum drawn up with much skill, probably by the hand of hugo grotius himself. the freedom of fishing was claimed on two grounds: ( ) that of the privileges granted by ancient treaties still in force; ( ) that of abstract right, because the sea, like the air, is for the common use of all and cannot be private property. the weak point of the case lay in the fact that these two grounds, that of treaty right and that of the _mare liberum_, seemed to be in a certain sense contradictory. the english, however, would not admit that the question of the immemorial claim of the kings of england to sovereignty and jurisdiction in the seas adjoining the british coasts was open to discussion, and seizing upon the argument placed in their hands by the dutch memorandum itself, pleaded with great force that the granting of privileges implied the power to take them away or modify them, should the king deem such a step necessary to protect the interests of his own subjects. the conference therefore effected nothing more than the bringing out in relief of the differences of view of the two parties. but reflection brought wisdom. there was no wish on either side to press matters to extremities. already on may the states-general, unwilling to run the risk of making james an enemy, at a time when they were very anxious to secure his help in the settlement of the jülich-cleves succession question[ ], had sent instructions to their ambassadors not to make difficulties or unpleasantness about the fisheries, but rather to propose that the execution of the proclamation should be postponed for two years, in order that the question might be thoroughly investigated. there were several claimants to the jülich-cleves inheritance, protestant and catholic, and it was of vital importance to the states, and also to a lesser extent to all protestant princes in germany and to james, that this frontier territory on the rhine should not fall under the rule of a catholic sovereign. but the archduke leopold had seized the fortress of jülich, and henry iv of france, jealous of the power of the house of habsburg in europe, had put himself at the head of a coalition to secure the succession to the elector of brandenburg, and william, count palatine of neuburg, as joint possessors. there was a general desire to avoid hostilities, but henry iv had pushed forward his preparations for a great campaign, and war seemed inevitable. at this moment the assassination of the french king at the very time the conference was being held in london changed the whole aspect of affairs. the new french government was favourably disposed to spain. the dutch therefore were left face to face with the task of expelling the archduke from jülich, and they felt that all other matters were for the moment of secondary importance to that of having the friendly co-operation of james in case of the outbreak of war. their attitude to the fisheries question was therefore considerably modified. it became much more conciliatory, and for precisely similar reasons a like change took place in the attitude of the english king. he too felt that the friendship of the dutch was essential to him at such a critical juncture, and at a meeting with the earls of salisbury and northampton, may , the dutch envoys were agreeably surprised to find that the king, while not formally abating one jot of his sovereign rights in the matter of issuing licences for fishing, was willing to postpone the execution of his edict for two years. the ambassadors took leave of the king the same day and started on their return journey. of this audience the lords of the council, in a letter to winwood, dated may , (o.s.), write: 'for the states ambassadors, his majesty is now dismissing them with sufficient assurance of his inward affections towards them and the preservation of their state, which next to his own he holdeth most dear above all other respects in the world. and as for the matter of fishing and reglement of commerce, his majesty thinketh not fit now to spend any more time in it, but to refer the one and the other to some better season; and in the meanwhile that things may remain in the same state as now they are. so as we conceive these deputies will return with good contentment, having no other cause either for the public or for the private; and his majesty having also been careful to give them the rights that appertain to their title, and all other external courtesy and honour in their reception.' [ ] winwood's _memorials_, march , (o.s.), . see also letter of april (o.s.). [ ] see note c. this good understanding was to bear good fruit. the army, which maurice of nassau led into the duchy in june, contained a fine body of english troops under the command of sir edward cecil. jülich was besieged and surrendered to the dutch on september , and the archduke leopold was compelled to leave the territory. of this achievement sir ralph winwood, writing to lord salisbury from dusseldorf, august (o.s.), says: 'the honor of the conduct of this seige no man will detract from the count maurice, who is the _maistre-ouvrier_ in that _mestier_. but that this seige hath had so happy an end, himself will and doth attribute it to the diligence and judgement of sir edward cecil.' the capture of jülich did not indeed end this thorny little dispute. anglo-dutch and spanish-imperial armies, under maurice and spinola respectively, manoeuvred within a short distance of one another. but the quarrel was localized, no further hostilities took place, and finally by the treaty of xanten, november , , an arrangement was arrived at. during all this time the relations between james and the states were friendly. the king, however, had quarrelled with his parliament, and even had he wished to take a stronger line in foreign politics, lack of funds compelled him to temporize. the english contingent in maurice's army was recruited indeed in england, but the troops were in the pay of the states. moreover, james was all the time hankering after a spanish marriage for the prince of wales, from mixed motives doubtless, but chiefly from a misguided notion that such an alliance between the leading catholic and the leading protestant state would enable him to play the part of arbiter in the religious differences which were dividing europe into two hostile camps, and by his influence to prevent an actual breach of the peace. this was the underlying motive which prompted all the apparent fluctuations of his policy. hence the persistence with which for so many years he pursued the _chimaera_ of a spanish match, while at the same time he allowed his only daughter to marry the elector palatine, the head of the protestant union in germany, and endeavoured to maintain good relations with the united provinces, notwithstanding the continual friction between his subjects and the dutch regarding the increasing monopoly by the latter of the fisheries and of sea-borne trade. the situation in is thus described by the venetian, marcantonio correr[ ]:-- 'with the lords of the united provinces of the low countries, there exists at present perfect friendship and union; formerly he [james] used to despise them, as rebels, but now he loves and esteems them, as princes of valour and quality, an effect of the truce made with the catholic king.... now h.m. desires and procures the preservation of the dutch, but not a further increase of their greatness, since their forces on sea are not inferior to those of any potentate whatsoever, because that in time of war necessity has been their best mistress. of these forces the english are not without some jealousy, seeing their own diminished, and the dominion of the sea, that they have been accustomed to hold in that part of the ocean transferred to others.... in the herring fishery alone they [the dutch] send out every year to the east coast of the kingdom of england , vessels, in which perhaps , men are employed.[ ] after the truce the king made a proclamation, that no one was allowed to fish in those parts without licence, perhaps incited by the great sums of money, that formerly the spaniards offered queen elizabeth to have the user of it; but just as at that time that scheming did not succeed in despoiling the dutch, so now these with two special ambassadors have not obtained any promise of an alteration, as he [the king] is always intent upon the conservation of his jurisdiction and the increase of the royal incomings. the king at present regards the possession of such great sea power as being in itself of great moment for the needs of england, and united with his own it could with difficulty be resisted. he holds further that these same provinces are a barrier rampart of his kingdoms, and he is interested in them through the debt of a million and a half of gold that remains to him of the sum of more than two millions already lent by queen elizabeth, the repayment of which is at present spread over a number of years, a portion every year. meanwhile three principal places are pledges in the hands of his majesty....' [ ] _relazioni venete_, _inghilterra_, serie iv, p. . [ ] see note a. the possession of these fortresses was indeed at this time placing king james in a position of no small advantage in his dealings with the states, and he was well aware of it. on the other hand, it was galling to the dutch, now that they had compelled the spaniard to treat with the united provinces as if it were an independent state, to feel that two chief doors of entrance into their land were in the hands of foreign garrisons. james professed to be their good friend, and it appeared to be his interest to cultivate their alliance, but it was inevitable that his assiduous advances to gain the goodwill of spain and to obtain the hand of an infanta for his son should render him suspect. ii: - the resolve of the king in to postpone any action in the matter of his proclamation on the fisheries question seems not to have aroused any popular expression of disapproval. the english people were from the political and religious standpoint well disposed to the dutch. what they suspected and dreaded was the king's obvious leaning to spain. their intense dislike to the spanish marriage, concerning which it was common knowledge that negotiations were on foot, led them to favour a good understanding with the united provinces. but the spectacle of the growing dutch monopoly of the carrying trade, and the decline of english commerce in the face of these formidable rivals, could not fail before long to stir public opinion. a succession of noteworthy pamphlets drew attention to the subject. foremost among these, from the personality of the writer, was ralegh's[ ] _observations touching trade and commerce with the hollanders and others, wherein is proved that our sea and land commodities serve to enrich and strengthen other countries than our own_. these _observations_ were, as the title page informs us, presented to king james, and there are indications that the date of their presentation was about the time of the dutch embassy of . their object was to show how dutch trade was prospering at the expense of that of england. ralegh pointed out in particular the immense profit derived by the hollanders from their fishing in the british seas, and he asks why 'this great sea-business of fishing' should not be kept in english hands, and suggests that the king should appoint commissioners to inquire into the matter, and 'forthwith set forward some scheme for preventing foreigners from reaping all the fruits of this lucrative industry on his majesty's coasts.' he warns the king that 'the hollanders possess already as many ships as eleven kingdoms, england being one of them', and expresses his conviction that 'they [the hollanders] hoped to get the whole trade and shipping of christendom into their own hands, as well for transportation, as otherwise for the command and mastery of the seas.' [ ] ralegh's _works_, viii. - . ralegh's pamphlet did not affect the king's decision to defer, for political reasons, taking any active steps concerning the fisheries, but we may well believe that the hint about 'the command and mastery of the seas' would not pass unheeded. it touched a question about which james was peculiarly sensitive. that question, though for a few years apparently dormant, was one that neither king nor people could afford to disregard. the command of the sea--then as at all times--was vital to an island power. the english were beginning to see in the dutch not merely competitors in trade, who were ousting them from every market, but possible rivals for the dominion even of those 'narrow seas[ ]' in which the kings of england had so long claimed to have paramount sovereignty and jurisdiction. thus a feeling of dissatisfaction and resentment gathered head which found vent, as was the custom of those days, in political pamphlet-writing. two of these pamphlets[ ], no less than that of ralegh, call for particular notice, for they are full of material bearing upon the subject of the relations between the english and dutch at the time of their publication, and throwing light upon the causes of the growing estrangement between the two people. [ ] see note b. [ ] see note. _england's way to win wealth_, by tobias gentleman, fisherman and mariner, bears the date . the purpose of the writer is thoroughly practical. he sets out in great detail the statistics of the fisheries on the british coasts, and of the immense profits derived by the hollanders from the pursuit of this industry, and he then proceeds to urge upon his countrymen to take a lesson from the foreigners, and not to neglect, as they are doing, a source of wealth which lies at their very doors. the following quotation is a good specimen of the homely vigour and directness of gentleman's arguments; it will be seen that here, as throughout the pamphlet, they profess to be based on his own personal experience:-- 'what their [the hollanders] chiefest trade is, or their principal gold mine is well known to all merchants, that have used those parts, and to myself and all fishermen; namely, that his majesty's seas is their chiefest, principal, and only rich treasury whereby they have so long maintained their wars, and have so greatly prospered and enriched themselves. if their little country of the united provinces can do this (as is most manifest before our eyes they do) then what may we, his majesty's subjects, do, if this trade of fishing were once erected among us, we having, in our own countries, sufficient store of all necessaries to accomplish the like business?... and shall we neglect so great blessings, o slothful england and careless countrymen! look but on these fellows, that we call the plump hollanders, behold their diligence in fishing and our own careless negligence.'[ ] [ ] _harleian misc._ iii, pp. - . another pamphlet, _the trades increase_[ ], was of wider scope. it was directly inspired, as its anonymous author j. r. informs us, by the reading of _england's way to win wealth_. it deals not only with the question of the fisheries, but of shipping and trade generally, and rightly with shipping first of all. 'as concerning ships,' j. r. writes--and how true do his words ring in an englishman's ears to-day--'by these in a manner we live, the kingdom is, the king reigneth.... if we want ships, we are dissolved.' as gentleman's pamphlet is valuable for its detailed statistics of the fishing industry of the hollanders, even more so is that of j. r. for its broad survey of and comparison between the dutch and english trade in every part of the world. from country to country and sea to sea in all branches of commerce he shows how the english are being driven out by their more enterprising competitors. [ ] _ibid._ iv, pp. - . 'in consequence want of employment is breeding discontents and miseries, while the means for remedying threatened disaster are in our own hands, the place our own seas and within his majesty's dominions.' nor is j. r. content with mere assertion. basing his arguments on those of gentleman, he proceeds to set forth how by the encouragement of english fishing 'we shall repair our navy, breed seamen abundantly, enrich the subject, advance the king's custom, and assure the kingdom, and all this out of fishing and especially out of herrings.' as to the hollanders, he remarks significantly:-- 'howsoever it pleaseth his majesty to allow of his royal predecessor's bounty, in tolerating the neighbour nations to fish in his streams, yet other princes take more straight courses.' this powerful and reasoned summary of a condition of affairs so threatening to england's supremacy as a maritime power, and to the welfare of her people, testifies to the mixture of indignation and alarm with which the english people regarded the rapid progress in commerce and wealth of 'their neighbours the new sea-herrs', as j. r. names the dutch. if further evidence were wanting as to the state of feeling in the country, it is furnished by the striking language of the venetian envoy, pietro contarini ( / ). according to the report of this impartial observer[ ]:-- 'loud praises of past times and the worthy deeds of forefathers form the topic of conversation. i have heard great lords with tears of the deepest affliction lamenting the present state of things and grieving how england has already fallen in reputation with all the world, england whose name and whose forces were feared by foes and esteemed by friends. now the memory of past glory lost, as it were fallen into forgetfulness of herself, she abandons not only the interests of others, but even her own.' [ ] _relazioni venete_, _inghilterra_, iv. . such was the result of the forciful feeble policy of james, striving to pose as the keeper of the peace of europe, and to hold the balance between the rival forces of catholicism and protestantism already arming for the terrible struggle of the thirty years' war. after the marriage of his only daughter with the head of the protestant union in germany, he was soon once more in eager pursuit of the phantasmal spanish match, which was for so many years to make him follow a vacillating policy. the skilful diplomacy of diego sarmiento d'acuña, count of gondomar, who represented philip iii in london after , enabled him at this time to acquire a great ascendancy over james, which with brief intervals he maintained for some years. the spanish envoy left no steps untried in the course of the disputes which arose with the united provinces to prejudice the king's mind against the dutch. he found the moment peculiarly favourable for making his influence felt, and he used his opportunities to the utmost. it must be remembered that the year , in which first robert cecil, lord salisbury, died, and then six months later henry, prince of wales, a youth of great promise and popularity, whose strong personality must have impressed itself on the history of his times, is a critical dividing point in the reign of james i. ranke has in his account of this period laid considerable stress on this fact:-- 'in the first years of his reign in england', he writes, 'so long as robert cecil lived, king james exercised no great influence. the privy council possessed to the full the authority, which belonged to it of old custom. james used simply to confirm the resolutions, which were adopted in the bosom of the council under the influence of the treasurer. he appears in the reports of ambassadors as a phantom king, and the minister as the real ruler of the country. after the death of cecil all this was changed. the king knew the party divisions which prevailed in the council; he knew how to hold the balance between them, and in the midst of their divisions to carry out his views.... great affairs were generally transacted between the king and the favourite in the ascendant at the time in conferences to which only a few others were admitted, and sometimes not even these. the king himself decided, and the resolutions that were taken were communicated to the privy council, which gradually became accustomed to do nothing more than invest them with the customary forms.'[ ] [ ] ranke, _hist. of england_ (oxf. trans.), i. . it was at this very time, when king james, yielding himself more and more to the persuasive blandishments of gondomar, began to take a more markedly personal part in the direction of foreign policy, that a succession of fresh difficulties with the dutch arose. the execution of the proclamation, which had been deferred for two years in , actually remained a dead letter until . not that there had been any removal of the causes which had originally called it forth. on the contrary, the first years of the truce were a period of marked activity and vigorous forward policy in the united provinces. in every direction, through the energetic and vigilant statesmanship of oldenbarneveldt, the commercial enterprise of the people was enabled to open out fresh outlets for trade, and finally to secure the recognition of the young republic as an influential member of the european family of nations. diplomatic missions were dispatched to venice in and to constantinople in , which prepared the way for a great extension of dutch trade in the eastern mediterranean. even more important were the close relations established with sweden and russia. göteburg became after virtually a dutch town, and before the middle of the century all swedish industries and swedish commerce had passed more or less into dutch management or under dutch control. in the reign of elizabeth the friendliest relations had subsisted with the tsar, ivan the terrible and his successors, so that for some years the english muscovy company had almost a monopoly of russian trade by the white sea. but all this was now changed. a famous dutch merchant, balthazar de moncheron, established a factory at archangel in , and from that time forward the dutch, at first vigorous competitors with the english for the russian market, gradually gained the supremacy. the appearance of a russian embassy at the hague in was the mark of the triumph of dutch diplomacy at moscow: henceforth russia was practically closed to all but netherlanders. in a treaty with the hanse towns placed the baltic trade even more completely than it had been in dutch hands. in the east indies the english company could not compete with its far wealthier and more thoroughly organized rival. there was, however, one element of weakness in the position of the united provinces on which the english were never weary of insisting. by his possession of the cautionary towns the king of england appeared in the eyes of the world to be recognized as a protector of the dutch republic, who had certain rights over it. oldenbarneveldt in his negotiations had doubtless been hampered by the plain evidence which the presence of english garrisons in flushing, brill, and rammekens afforded, that the states did not exercise full sovereign authority within their own borders. in these circumstances he (oldenbarneveldt) knowing full well the financial straits to which king james was reduced through the long-standing disagreement between him and his parliament, made overtures in through the resident ambassador caron to redeem the towns by the payment of a sum of ready money. the annual charge of £ , received from the states was barely more than sufficient for the maintenance of the garrisons. the total amount claimed by the english government was £ , ; the dutch offered £ , in cash, and three further sums of £ , in half-yearly instalments, or £ , in all. the offer was accepted and in june, , the cautionary towns were transferred into the hands of the dutch. it was, however, agreed that, for the sake of maintaining good relations between the two countries, the new english ambassador, sir dudley carleton, should like his predecessor, sir ralph winwood, retain his seat in the council of state. this was the more important, as the king had (as already stated) for the past three years been steadily moving towards a spanish alliance. what were his precise aims and what his ultimate purpose it was difficult even for the practised and penetrating insight of a statesman of oldenbarneveldt's experience to discover. perhaps james scarcely knew himself. but the retention of fortresses like flushing and brill at the mouths of two most important dutch waterways by a foreign sovereign, who was intriguing to win the favour of the spanish foe, was for the republic a most serious danger. their redemption therefore at so trifling a cost was a stroke of policy by which the aged advocate did a great service to his country. certain it is that james felt a grudge against oldenbarneveldt, and that, when shortly afterwards civil strife broke out in the united provinces, sir d. carleton, acting on the king's instructions, did his utmost to bring about the great statesman's downfall and to support his enemies in compassing his death. but to return. sir dudley carleton, when entering upon his duties at the hague in january, , found, in addition to the negotiations for the 'reddition' of the cautionary towns, several thorny questions requiring delicate handling. in his instructions[ ] the following somewhat enigmatical passage occurs:-- 'some two years since there did arise between the company of our muscovy merchants and the merchants of amsterdam a great difference concerning the navigation of greenland[ ] and the fishing of whales in those parts. our desire is that all good correspondence may be maintained, as between our crowns and their provinces, so between our and their subjects. therefore, whenever the subject shall fall into discourse, either in public or in private, you may confidently relate, when this question was debated before the lords of the council, between sir noel caron their embassador and the governor of our muscovian company, it was evidently proved, and in a manner without contradiction, that our subjects were first discoverers of that negotiation and that trade of fishing; that privately they were possessed of that island, and there had planted and erected our standard, thereby to signify and notify to the world the property, which we challenge; which our subjects, by their industries, having appropriated to themselves, did not hold it reasonable they should be forced to communicate to others the fruits of their labours.' [ ] dated jan. / . letters to and from sir dudley carleton during his embassy in holland from january / , to december . london, . [ ] greenland here stands for spitzbergen. all through these disputes, owing to geographical ignorance, the two terms are used almost interchangeably. the origin and cause of this new fishery dispute requires to be briefly told, as it is characteristic of the times and of the way in which, in almost every part of the world, the english trader and the dutch trader met in rivalry, and with the inevitable result that their interests clashed and bad feeling arose. certain english fishing vessels as early as made their way to the arctic ocean to fish for whales off the shores of spitzbergen. the adventure was successful, and was repeated. the news of it attracted some biscayans, then other foreigners, and in two dutch ships to try their fortune in the same waters. but king james in the following year ( ) granted to the muscovy company an exclusive monopoly of the greenland, meaning thereby the spitzbergen, whale fishery. he claimed these northern waters as the property of the british crown, because, so it was averred, hugh willoughby had in discovered spitzbergen. the conferring of this monopoly caused in a numerous fishing fleet, some of the vessels strongly armed, to set sail from england for spitzbergen. a landing was made, and the whole archipelago formally annexed and named king james' newland. the next step of the muscovy company's fleet was to clear the ground of intruders, whether foreigners or english 'interlopers.' among the foreigners were several dutch boats. these were attacked, boarded, plundered, and then sent home. such an act of violence naturally aroused resentment in holland. the states-general took the matter up, and refused to admit the right of james to interfere with the fishermen. they denied that hugh willoughby had sighted spitzbergen at all in , and confidently affirmed that the discovery of the island was made by jacob van heemskerk in , who named it spitzbergen, planted the dutch flag upon it, and spent the winter on its shores. if, then, any people had preferential rights in the waters surrounding spitzbergen, it was the dutch, but the states did not claim or admit any such rights. they held that the sea was open to all to navigate and to fish in without let or hindrance. to winwood, who in august, , quitted the hague to become secretary of state in london, was entrusted the mission of bringing the complaints and the protest of the states to the notice of james, and further, of asking for reparation to the amsterdammers, whose vessels had been seized and plundered. the king at this time was anxious to be on friendly terms with the dutch, and an answer was returned (october ) that 'not only reparation should be made, but that steps should be taken to prevent a recurrence of such disorders.' the states were not satisfied, however, with so general a reply, and wished that the english claim to exclusive rights in the fisheries should be abandoned. the ambassador caron was instructed to present to the king an argument from the pen of the geographer plancius, in which this claim was shown to be without foundation. it produced no effect upon james, always unwilling to yield in a matter affecting his sovereign prerogatives, however shadowy. but the states were equally determined. their reply to the _non-possumus_ attitude of the king was the granting of a charter, early in (january ), to a company, generally known as the northern (sometimes as the greenland) company, which conferred on a group of merchants the exclusive privilege of fishing for whales and walrus, and of trading and exploring in the northern seas between the limits of nova zembla and davis's straits; spitzbergen, bear island, and greenland therein included.[ ] the states-general likewise consented that warships at the charges of the company should be allowed to accompany the fishing fleet for their protection (april ). the effect of these strong measures was seen in the changed attitude of the muscovy company, who in the summer of (july ) made an agreement with their rivals, that they should each of them use a portion of the island as a basis for their fishery, and should unite in keeping out all intruders. the extraordinary mission of sir henry wotton in february, , to the hague to treat for a settlement of the jülich-cleves question, gave an opportunity for proposing that he should, while in the netherlands, meet commissioners of the states to discuss also other important matters, and among these the dispute about the so-called 'greenland' fisheries. in april the conference took place. the dutch, while laying stress upon their primary rights as discoverers, disclaimed any desire to exclude the english; on the contrary, they endeavoured to arrive at a friendly arrangement by which the two nations should share the fishery 'in unity and security' together. nothing, however, was effected. the language of king james in his ambassador's instructions, in which mention is made of the differences that had arisen 'on account of the fishery in the north sea, near the shores of greenland, of right solely belonging to us and our people, but interrupted by the hollanders', showed that he approached the subject in an irreconcilable spirit. all that wotton could say was that he would report the matter to the king, who would inform caron later of his decision. the affair was, in other words, hung up, and the dangerous spectacle was again witnessed of two fishing fleets carrying on their trade in close proximity, each under the protection of warships. [ ] aitzema _saken van staet en oorlog_, ii. . the dutch force in was, however, far stronger, and no hostilities took place. for the same reason an armed peace was maintained in , but in the following year acts of aggression were committed, and loud complaints were raised on both sides. an attempt was now made by the king to strengthen the hands of the muscovy company by sanctioning for the purposes of the whale fishery an alliance with the east india company. the two companies were, as far as regards the spitzbergen enterprise, to be regarded as one, thus making a larger amount of capital available for the outfit of the fishing fleet and for the maintenance of the storage huts and so-called 'cookeries' on shore. thirteen well-equipped ships sailed for spitzbergen in , and an even superior number from holland and zeeland, accompanied by two war vessels. neither the english nor the dutch sailors were in the mood to brook interference, and from the outset it was almost certain that if they met there would be mischief. the english were the first aggressors, but were in their turn attacked by the dutch with the result that their fleet was dispersed and many of their vessels plundered. the 'greenland' fisheries question had reached an acute stage. such a condition of things could not continue, and sir dudley carleton, the english ambassador, appeared in person before the states-general (october , ) to utter a strong remonstrance and to urge the states, if they wished to remain on good terms with the king, to dispatch a special embassy to deal with the disputes that had arisen between the two countries, not only concerning the 'greenland' fishing, but in the east indies, and about the herring fishery and the cloth trade also. at this point, before giving an account of the embassy of , we must turn back and bring up to date the history of the herring fishery question from , when the execution of the proclamation requiring a licence from the fishermen was postponed, and also briefly touch upon the two other causes of grievance in regard to the cloth trade and the disputes between the two east india companies. for several years after the return of the embassy of the dutch herring fishery appears to have been quietly carried on as usual without let or hindrance from the english government. no attempt was made to enforce the proclamation until . the cause of the alteration of james's policy at that date was due to the refusal of the states-general to admit english dyed cloths into the united provinces. the manufacture of woollen cloth had long been the chief of english industries, and the monopoly of the trade in wool and woollen goods in the netherlands, northern france and western germany had been in the hands of one of the oldest of english chartered companies, the fellowship of merchant adventurers[ ], whose first charter was granted by henry vi in . the adventurer's court and staple were for many years placed at antwerp. but in they were driven away from the netherlands by alva, and forced to settle elsewhere. they went first to emden, then to hamburg. but the hanse towns were jealous of their trade and prosperity, and the emperor was induced in to banish them from germany. at this date the authority of spain was no longer recognized north of the scheldt. the adventurers accordingly in moved to middelburg in zeeland, and extensive privileges were conferred upon them by the states-general, the states of zeeland, and the town of middelburg, including freedom from duties on imports or exports, as well as from charges for staple rights and harbour dues, and the right to be tried in their own courts. [ ] see note d. the trade of the adventurers consisted entirely in undyed cloths. the english, though the best weavers of woollen cloth in the world, had not learnt as yet the art of dyeing, and the unfinished cloths were imported into the netherlands, there to be dressed and dyed for the continental markets. the consequence was that a great industry sprang up in the provinces, especially in holland, and many thousands of skilled hands were employed in this work. when james i came to the throne, he listened eagerly to every one who could point out to him any means of raising money by the sale of monopolies or patents. among the proposals that attracted him was one made by alderman sir william cockayne, who represented to his majesty the great profit which might be derived from finishing and dyeing english cloth before exportation. the merchant adventurers naturally used their utmost influence on the one hand to persuade the king not to grant to cockayne a patent, which would be subversive of the rights granted to their company under their charter, and on the other to obtain the help of the states in preventing such a breach of existing privilege to the injury of the dutch dyers and finishers. the monopoly of the adventurers had, however, many enemies among the english merchants who did not belong to the fellowship, and who already, under the name of 'interlopers'[ ], carried on an extensive illegitimate trade through the ports of amsterdam and flushing. cockayne and his adherents prevailed. a patent was granted to him in , his majesty reserving to himself the monopoly of the sale of all home-dyed goods. it was clear, however, that the existence of the two monopolies side by side could not continue. after much friction and constant complaints, james, in , took decisive action. he forbade the export of undyed and unfinished cloth from england, and commanded the merchant adventurers to return their charter. cockayne immediately formed a company, but his hopes of creating a new and lucrative english industry were speedily dashed to the ground. the states of holland passed a resolution forbidding the importation of dyed cloths into their province, and their example was followed by the other provinces separately, and by the states-general. the english woollen trade was stricken fatally by such a prohibition, cockayne's company failed, and james was at last compelled in to renew the charter of the adventurers. [ ] see note e. it is needless to say that the king, who had hoped to replenish his empty treasury through his active promotion of cockayne's scheme, was sorely disappointed at the issue, and deeply resented the strong measures taken by holland and the united provinces generally to checkmate his plan for the creation of a new english industry to their injury. baulked in this direction, james, on his side, turned his thoughts to reprisals, and in so doing had on this occasion the full approval of his subjects. secretary winwood wrote, september , , to sir dudley carleton, at the hague:-- 'it is in the mouth of every true-hearted englishman that as a reprisal for the publication of the rigorous placard against english dyed and dressed cloths, that his majesty with justice and equity and in reason of state ought to forbid the hollanders, by a fresh revival of former proclamations, to continue their yearly fishing on our coast.' but winwood had had long personal knowledge of the dutch, and he did not like the prospect of the two nations, so long and closely bound together by ties of friendship and alliance, thus drifting apart through trade rivalries into enmity. 'if we come', he writes, 'to these extremities i know both we and they shall suffer and smart for it'. and then he continues in words rendered weighty by the experience which lay behind them: 'i know well the nature of that people and the humour of those masters, who sit at the stern of that state. they will not be willingly crossed in their courses--_et quod volunt, valde volunt_. yet it is never too late to be wise, and no counsel is evil but that which cannot be changed. i profess unto you i am in great anguish of spirit, how to accommodate these differences to the full contentment of all parties. this is most certain--_couste que couste_--and though _coelum terris misceatur_, his majesty is resolved not to swallow, much less to digest, these indignities. as before i have said, only the spaniards have cause to triumph and to make bonfires of joy and gladness.' he requests carleton to see oldenbarneveldt and urge accommodation for the mutual good of both countries. 'if the states', he adds, 'do persist in their resolutions, _actum est de amicitia_.'[ ] [ ] carleton's letters during his embassy in holland, january / , to december , p. . but although winwood speaks in this letter, dated september , as if the king was only considering the question of a revival of the proclamation of , steps had already been taken (apparently with his knowledge) to levy a toll upon the fishers on the scottish coast. as early as june , the duke of lennox, in his capacity as admiral of scotland, had received instructions from the scottish council to take from every fishing 'buss' a payment either in money (an angelot) or in kind (one ton of herring and twelve codfish). accordingly, on august , a vessel appeared in the midst of the fishing fleet, having on board a certain john browne, the duke's secretary. the dutch envoy (caron) had been induced, under a misconception of the purpose for which it was required, to write a commendatory letter for this man to show to the captains of the dutch convoy-ships. browne demanded in the name of the king from the skippers of each 'buss' the above-named toll or excise, and he proceeded to make a list of all their names and the names of the boats, giving receipts to those who paid, and informing those who did not do so that they would have to pay double the following year. the greater part paid without opposition, until the two convoy-ships arrived on the scene. browne was seized and requested to produce his commission. at the sight of caron's letter, however, they dismissed him, as he had used no violence, but they would not allow him to collect any more toll. the two captains, as in duty bound, reported the matter at once to the home authorities. great was the surprise and indignation at enkhuysen and other centres of the fishing industry at the reception of the news. on august it was discussed by the states-general, who denounced the attempt to levy a toll as 'an unheard-of and unendurable novelty, conflicting with previous treaties'. two dispatches were sent, one to caron telling him 'that the states had taken the matter extremely to heart, and desired him to seek for redress by every possible means'; the other to the captains of the convoy bidding them 'not to permit any toll to be exacted'. in obedience to his instructions caron made repeated representations to the king, to lennox, to the scottish council, but his arguments and remonstrances fell on deaf ears, and his efforts to obtain satisfaction proved fruitless. in these circumstances the opening of the fishing season of was awaited in holland with anxiety, and by those acquainted with the temper of the dutch seamen, with apprehension. their fears were justified. browne again visited the fishing fleet, and began his task of levying toll, which according to all testimony he carried out in a tactful and considerate manner. arriving at the rotterdam convoy-ship he met with a flat refusal from the captain, andries tlieff of rotterdam, in his own name and that of the other dutch fishermen. after having received this refusal in writing, browne was preparing quietly to go away to visit the other fishing boats, mostly french, when jan albertsz, captain of the enkhuysen convoy-ship, stepped on board. he was one of the two captains who had in the previous year forcibly compelled browne to stop his collection of toll. albertsz now declared that he had orders to arrest browne, and, despite his protests, the scottish official was made a prisoner and carried to holland. the indignation of james, when he heard of what had taken place, knew no bounds. two captains of dutch vessels in the thames were seized, as hostages, and carleton was instructed to go in person to the states-general and demand satisfaction for the insult and injury done to his majesty's honour by the 'exemplary punishment and in a public and open fashion of those, who had committed such an act: a satisfaction such as may hold a just proportion unto the insolency of the grievance.'[ ] on august , carleton, describing the result of an interview with the advocate, spoke of 'barneveldt not knowing what to say, but that the taking of browne was ill-done, and desiring me with his hat in his hand (much differing from his use) to make report thereof to his majesty.' both he and also maurice disavowed albertsz's action, and the states-general in their turn declared that the captains had acted without instructions, and ordered browne to be released. at the same time they respectfully insisted that their fishermen were specially exempted from paying any toll for their fishing. they ask carleton to beg james, as browne had been set free, to release the hostages that he had seized. but winwood peremptorily informed carleton (august , o.s.), 'his majesty will take no satisfaction, but to have the captains and chief officers of the ships sent over prisoners to england.' this demand, however, was most unpalatable in holland. the states of that province stood upon their privileges. the captains should be tried, they said, but only by their own courts and laws. james, however, would not give way. in winwood's words 'he insisted, _fort et ferme_, on the offenders being delivered into his hands'. thus for many months the obstinate dispute continued. at last (february ) the states of holland, the opposition of the towns of rotterdam and enkhuysen to deliver up their citizens having been overcome, consented that albertsz and tlieff should be sent to noel caron to submit themselves to his majesty's mercy, 'for which,' says carleton,[ ] 'in a letter they sue, and' he adds 'they also ask for the freedom of fishing on the coast of scotland, to which they lay claim, without molestation.' not till april did tlieff actually set sail for england, and then without the worse offender, albertsz, who was very ill, and in fact died shortly afterwards. james now, however, professed himself satisfied, the hostages were set free, and the browne incident closed without a breach of the peace. [ ] carleton's _letters_, pp. - . report of the lords of the council with the king in scotland, to the lords of the council in england, aug. / , . [ ] carleton's _letters_, october . the fishery dispute meanwhile remained an open sore. loud complaints were made by the scottish council that the dutch not only claimed the right to fish free from any toll, but they under the protection of their armed convoy hindered the scottish boats from fishing, and took away their nets and otherwise treated them 'with daily outrages and insolences'. this was the state of affairs in . carleton made many and strong remonstrances, but in the complaints of the scotch that they were driven away from the fishing grounds by acts of violence were louder than ever. instructions had been given to carleton (april , ) that, as a means for avoiding these disputes and encounters, he should request the states to order their fishermen to ply their trade out of sight of land, as had been, so he averred, their former custom. after a delay of two months the states, while promising to punish severely all who could be shown to have committed such acts as those complained of, declared that after examination of witnesses on oath they could not discover that any offences such as those spoken of by the king had taken place. as to the netherlanders fishing out of sight of land, they denied any knowledge of such a custom, and prayed the king not to disturb their countrymen in the exercise of that right of free fishing granted them from time immemorial by a succession of treaties. thus in the summer of we have seen that no less than three burning questions--the greenland or spitzbergen fishery, the great or herring fishery, and the refusal to admit english dyed or dressed cloths into the netherlands--were causing the relations between england and the united provinces to be very strained. a fourth question, that of the disputes of the rival east india companies as to trading rights in the banda islands, amboyna, and the moluccas, where the dutch, being in far stronger force, prevented the english from sharing in the lucrative commerce in spices, was also becoming acute. several islands--among them one named pulo run, which the english, by the consent of the natives, had occupied--were seized by the dutch, and actual hostilities between the fleets representing the two nations in those waters were only avoided because the english were not in a position to offer effective resistance to their superior adversaries. negotiations had therefore been set on foot as early as to effect a friendly understanding by which the english should be allowed a fair share in the spice trade, and the companies co-operate for their common interest. so far, however, in , were matters from being arranged, that a strong fleet had been dispatched from london in that year under sir thomas dale to restore the balance of power in the bunda archipelago. when, therefore, as has been already related, carleton on october appeared in the states-general to protest in the strongest possible language against the acts of hostility committed against the fishing fleet of the muscovy company off spitzbergen, he did not confine himself to this one cause of embittered dispute, but demanded that the states should send at once, promptly and without delay, the special embassy, which had been often spoken of but never taken seriously in hand, to discuss in london all the points of difference between the two nations--the east indian spice trade, the herring fishery, and the dyed cloth question--and to strive to arrive at a friendly arrangement. otherwise, he warned them that the king, though he had shown himself willing to bear much at their hands, had now reached the limit of his endurance. iii: - in the netherlands the minds of all men were throughout the year preoccupied with the fierce political and religious discords that had brought civil strife into the land. the sword of maurice had, in the name of the states-general of the union, overthrown the power of the provincial oligarchies, and despite the strenuous opposition of the states of holland under the leadership of oldenbarneveldt, had made good the claim of the states-general to sovereign authority in the republic. the aged advocate of holland, so long supreme in the administration of public affairs, with his chief adherents, lay in prison awaiting trial and condemnation. anxious, therefore, at such a crisis, to avoid a breach with king james, or to provoke on his part measures of reprisal (especially in view of the approaching meeting of the synod of dort, at which james was to be officially represented), the states announced their readiness (october ) to accede to carleton's request for the speedy dispatch of a special embassy. but they wished to confine the subjects of discussion to the east indian and greenland disputes. in vain carleton pressed upon the states the urgency of including the great (herring) fishery and dyed cloth questions in the instruction. the reply was that it would be dangerous in the disturbed condition of the country to touch matters of such great importance affecting the interests of so large a portion of the population of the maritime provinces. a clear indication was moreover given that on these two points there was little possibility of concession. the ambassadors arrived in england (december ) accompanied by five commissioners of the east india company. the king received them with expressions of friendliness (december ), but the examination of their instructions by the privy council at once revealed that the subject of the great fisheries, which had most interest for the english, was omitted. the dutch envoys accordingly were informed that the king was very astonished that the warnings of carleton had been without effect, and that their mission would be fruitless unless this point, which concerned the king's sovereign rights, were placed in the forefront of the negotiations. james, indeed, refused to proceed unless the instructions were altered, and held out the threat of an alliance with spain if his wishes were not complied with. carleton, indeed, in a long and angry representation made to the states-general, january , , practically demanded, not only that the ambassadors should be instructed to deal with the great fishery question, but to admit that their rights under ancient treaties and their contention as to the freedom of the sea were claims that could not be sustained in face of the king's 'lawful title and exclusive sovereign rights and property in the fisheries upon the coasts of his three kingdoms'. in case of delay, england would maintain her rights with the armed hand. the king was resolved that the grievances of which his subjects complained must cease. the states-general, however, dared not in the midst of the crisis through which the country was passing, interfere with the fishery question. maurice, as captain-general of the union, had by military force overpowered the resistance of the province of holland to the will of the states-general. its leaders had been incarcerated, and the town magistracies throughout holland changed. feelings were very embittered, and the position of the new magistrates would have been seriously endangered had the dominant party consented to yield to english threats the rights of free fishing, an industry on which some , persons in holland depended for their livelihood. both maurice and his cousin and trusted adviser, william lewis of nassau, stadholder of friesland, were agreed that such a course was at the moment unwise, if not impracticable. these considerations were laid before james, who had throughout the discussions in the republic strongly sympathized with the triumphant contra-remonstrant party. the result was a modification in his unbending attitude. the king agreed to defer the discussion of the 'great fishery' question until the internal state of the netherlands had become more settled, and to proceed with the greenland fishery and east indian matters first, on condition that the delay was to be as short as possible and not to extend beyond the end of the year. indeed, september was named as the actual limit of time. the states were quickly informed (january ) of the english concession, and now that the tension was relieved, took more than three weeks in which to consider carefully the terms of their answer to carleton. they were in a difficult position, and they finally (february ) gave in general terms a non-committal undertaking that 'so soon as the affairs of this land, political and religious, shall be brought into a better state--if possible within a year', they will send ambassadors to treat of the great fishery, the cloth trade, and other points, as a preliminary to the revision of the treaties of intercourse. meanwhile they trusted that all should go on as before, and that the english would make no innovation in contravention of the ancient customs and treaties. so the matter rested, the states being warned that the king demanded that the placard of june , , forbidding the dutch fishermen to commit further outrages and excesses 'on pain of severe penalties', or to approach within sight (the english said within miles, but to this the dutch objected) of the scottish coast, should be rigidly enforced during the intermediate period of delay. the efforts of the dutch ambassadors to settle the two questions which according to their instructions were the chief object of their mission nevertheless encountered serious difficulties, and it was soon apparent that the views of the two parties were almost irreconcilable. the scheme for a working union of the two east india companies was speedily given up. for months, however, the rights and wrongs of the two nations with regard to the greenland (spitzbergen) fisheries were the subject of many conferences and interchanges of notes. the english maintained that they, on the ground of first discovery and of being the first to fish in the spitzbergen waters, had exclusive rights of sovereignty both on the land and the seas that surrounded it. the dutch set up the counter-claim that they had not only first discovered, but first occupied the land, and they held firmly that the sea was free to all nations. for the damages suffered by the english fishing fleet at the hands of the netherlanders in an indemnity was demanded by the english government amounting to £ , , and this did not include the amounts due to private ship-owners for the loss of their trade, and to the relatives of those who had been killed or wounded. the dutch replied by pointing to the repeated provocations the hollanders and zeelanders had had year by year to endure, and to the losses they on their side had suffered not only through being hindered in their fishing, but through actual plundering of their goods. the ambassadors promised to give reparation, if the english would do the same. tired at last of fruitless discussions, prolonged month after month, the dutch envoys sought a personal interview with the king, july , at greenwich, to see if any _modus vivendi_ could be arrived at. all the old arguments on both sides were repeated, and neither would yield on the point of their several 'rights'; the utmost the king would concede was a suggestion that, as a favour, he might connive at the netherlanders fishing in his waters. this did not satisfy the ambassadors, and they fell back on the familiar device of asking that the question should be put off for later settlement. to this finally james agreed, and it was arranged that the matter should be deferred for further negotiations for a period of three years, and that meanwhile the english and dutch were to fish peaceably together. the king insisted that restitution should be made for the damage done by the armed attack on the english fleet in within three months, and for all other losses inflicted by the dutch within the three years. as soon as the full english claims were settled (such was the ultimatum), the question of the satisfaction due to the netherlanders should be considered. with this decision, however unpalatable to them, the envoys had perforce to be content. they sailed from gravesend, on august , without having really effected anything but a postponement of disputes, which mere delay was more likely to aggravate than to appease. the results then of the embassy of were disappointing to both parties. the english resented the continued presence of the dutch fishermen both in the home waters and in the northern seas, for they not only carried off the profits from what were regarded as british industries, but behaved with overbearing arrogance as if in their own domain. the hollanders found themselves permitted, as it were on sufferance, to continue an occupation which supplied a large part of their population with sustenance and was the basis of their prosperity. the states-general, though they were committed by their envoys to send a fresh embassy to deal with the question of the great fisheries, as soon as the internal troubles of the country were settled, were in no hurry to move in the matter. it was in vain that carleton in the early months of reminded them of their undertaking. the general opinion in holland, and in this prince maurice himself shared, was that there could be no surrender of the treaty right to free fishing, even though it should be at the cost of war. their position was greatly strengthened by the momentous events that had been occurring in germany. the elector palatine, frederick--king james's son-in-law--had accepted the crown of bohemia (november, ) but a year later his forces were crushed by the imperial army at the white hill near prague (november ). meanwhile his hereditary dominions had been invaded and conquered by a spanish force under spinola. frederick was head of the protestant union, but the forces of the union were disunited (indeed it was soon afterwards dissolved), and although sir horace vere, at the head of a fine body of , english volunteers, escorted by a strong dutch force, made his way to the scene of conflict, he was unable to prevent the spanish conquest of the lower palatinate. the unfortunate king of bohemia, a homeless fugitive, was compelled with his wife, elizabeth of england, to seek refuge with his uncle, the prince of orange, at the hague. the dutch were greatly disturbed, as the twelve years' truce was drawing to an end, at the prospect of the spaniards being able through their alliance with the emperor to march from their post of vantage on the rhine straight upon the netherlands, and were therefore anxious to secure the goodwill and help of england in the serious struggle which they saw before them. they felt confident that, despite his love of peace, james would be forced to take active steps to defend his son-in-law's lands from conquest, and the cause of protestantism in germany from ruin. the news of the complete defeat of frederick at the white hill therefore, together with the necessity of renewing the treaty between the two countries, which expired in april, , at the end of the truce, had more effect than carleton's remonstrances and threats in hastening a renewal of negotiations. the english ambassador was instructed to assure the states that james would lend assistance for the recovery of the palatinate, and it was resolved by them that a special mission should be dispatched as soon as possible. it was well known that the king was still on the most confidential terms with gondomar, and that the spanish envoy continued to exercise a strong influence upon the royal policy, and that the project of a spanish marriage had not been abandoned. it was felt therefore that a strong effort should be made to counteract this secret leaning of james to listen to the subtle counsels of the spaniard, and to persuade him to break with spain and to take decisively the protestant side in the war against the allied forces of the house of habsburg. the ambassadors set sail from veere, january , , and arrived in london on february . they were six in number, representing the three maritime provinces of holland, zeeland, and friesland, in itself a proof that though the affairs of the palatinate were the principal subject that filled their instructions, the fishery questions, for the moment placed in the background, had in reality lost none of their importance. the names of the special envoys were jonkheer jacobus van wijngaerden, johan camerling, albert sonck, albert bruyninck, jacobus schotte, and jonkheer frederik van vervou tot martenahuys, and with them was associated the resident in london, noel caron. at their first audience with the king (february ) the situation in germany was almost exclusively referred to. they laid stress upon the extent of the spanish conquests on the rhine, and after pointing out that the states had been paying monthly subsidies to certain of the protestant princes and had collected a great army on the frontier, expressed their gratification at the information that had been received through sir dudley carleton to the effect that the king would, if diplomacy failed, restore his children in the possessions by force. should he indeed be prepared to take steps for military intervention, they were commissioned to assure him that the states would be ready to second his action and to go to war. the embassy had arrived at a critical moment in the reign of james i, and after some words of friendly compliment their conference with the privy council was deferred until february . in the interval james's third parliament had met (february ). the king's financial necessities had forced him to summon a parliament, and the session was to prove a very stormy one. the leaders of the commons at once demanded the redress of many grievances and proceeded to attack those whom they charged with being the cause of the abuses they denounced, more especially the omnipotent favourite, buckingham himself. the sojourn of the dutch mission therefore coincided with a period of political stress and anxiety. but the envoys had the satisfaction of knowing that the english parliament, which in this was thoroughly representative of public opinion in the country, was enthusiastically in favour of active support being given to the king of bohemia for the recovery of the palatinate. subsidies were without delay voted for that purpose, and the vote was accompanied by a petition urging the king to make war with spain and to break off the negotiations for the spanish marriage. but gondomar found no difficulty in trading upon james's habitual preference for peaceful methods. according to the testimony of the venetian, girolamo lando, the spanish ambassador 'had access to the king at any hour, and found all doors open to him which were accustomed to be shut to others', and he is described as 'with ever-increasing boldness carrying on a campaign against these kingdoms with unspeakable intrigues and corruption.' through his counsels the king entered upon a series of negotiations with the courts of madrid and vienna in the interests of frederick, which were perfectly futile and merely afforded the catholic powers time to strengthen their position upon the rhine. at the same time james, by opposing himself to the expressed wishes of his parliament and people in this matter of the palatinate, only heightened the determination of the house of commons to assert their privileges and insist upon their demand for a redress of grievances. in foreign no less than in domestic affairs, the views of the king and those of the representatives of his people proved to be diametrically opposed. in december accordingly, no compromise being possible, parliament was dissolved, and james, left in desperate financial straits, was unable to carry out any policy that involved expenditure. in considering the course of the negotiations with the dutch, these facts must be borne in mind, for they are vitally important for a right understanding of the situation. the embassy, delayed by the opening of parliament, had a conference with the privy council on february . once more they impressed upon their audience the seriousness of the dangers which threatened both the united provinces and england from the war in germany, and urged, now that the truce with spain was almost expired, the renewal of the treaty of alliance between the two countries to defend the protestant cause against a common enemy. in the words of the contemporary historian aitzema, 'they laid strong emphasis upon this last point as if it were the only object and aim of the embassy.' but the council had no desire, so immediately after the meeting of parliament, to commit themselves on the subject of military intervention, for they were well aware of the king's disinclination to break with spain. the question was accordingly put to the dutchmen as to whether there were no other points in their instructions, mention being specially made of the fisheries, the cloth, and the east indian disputes. the reply was that in the present critical condition of european affairs the interest of both states required that secondary questions should be allowed to rest and continue on the same footing as before in the presence of the grave danger (now the truce was drawing to an end) from a mighty enemy. some lesser differences which had arisen about the 'tare' in the cloth trade, and the 'mint', they were ready to discuss, but nothing more. the matter was referred to the king, and on march the envoys had a second conference with the council, when it was made clear to them that the fisheries questions must be settled as a preliminary to any treaty of alliance. the dutch could only answer (march ) that they had received no powers to negotiate upon the fisheries, but in accordance with their instructions they pointed out the difficulty and the danger of trying to interfere with an industry in which so large a part of the population were interested, while civil discords were scarcely appeased and a renewal of the war with spain was on the point of breaking out. so much was this the case that though the value of the fishing (so they said) was steadily decreasing, the states were granting large subsidies for convoys in order to provide the means of sustenance for so large a number of their subjects. the smallest toll or charge, they argued, would either cause 'their fishery to be entirely destroyed and ruined, or possibly stir up this rude sea-faring population to fresh commotions to the manifest peril of the repose of the republic, scarcely cured of the wounds of its late infirmity.' they begged therefore that the consideration of the matter might be put off to a more fitting time, and meanwhile that the old privileges should continue in force. as to the greenland fishery, it was pleaded that the three years' delay that had been granted in was not yet expired. similarly in the east indian disputes, which continued with no less frequency and bitterness, although an accord between the two companies had been agreed upon in june, , the netherlanders met the complaints of the representatives of the english company with excuses and counter-protests. there was much talking, but practically no progress made. after several interviews with the council and the king himself it was finally arranged that things should remain as they were for a short time longer, but the king insisted (april ) that 'the fishery questions concerned his right and his honour and that he could not allow them to be any longer in debate and suspense', and that a special commission must be sent by the states to deal with these disputes, and further, that he would not wait longer than may . he also demanded a settlement of the quarrels in the east indies, and a withdrawal of the 'tare' edict, which was declared to be the ruin of the cloth industry in england. so soon as these matters were satisfactorily arranged, he promised that he would conclude an alliance with the states. the dutch envoys left london on their return journey on april . as a proof of the very close relations subsisting at this time between england and the united provinces, it may be mentioned that in the very same months that the wijngaerden embassy was thus holding ineffectual conferences in london with the king of england and his privy council, the fellowship of the merchant adventurers were transferring their court to the prinsenhof at delft. driven from antwerp in the adventurers had, as already related, set up their great court first at emden, then at hamburg and stade. but in the enmity of the hanse towns compelled them to leave stade, and to establish themselves at middelburg in zeeland. until the suppression of the adventurers' charter in , this town was the staple for english cloth and wool in the netherlands, though the 'interlopers' as they were called, succeeded in carrying on an active smuggling trade through amsterdam and flushing. after the renewal of the charter in the adventurers returned to middelburg, but on account of the unhealthiness of the place, and other reasons, they determined to remove to delft. to effect this involved elaborate negotiations with the town corporation, with the states of holland, and with the states-general. moreover, the consent of the king was necessary as a preliminary step. sir dudley carleton was largely instrumental in bringing the matter to a successful issue. james gave his consent that the court should move from zeeland within the borders of holland, 'to show his majesty's great affection for that province'. on april , , the contract with delft was signed, just as the dutch envoys were leaving england. but amsterdam, with whose cloth merchants the 'interlopers' had been engaged in a profitable trade, sent in to the states of holland a very strongly worded remonstrance. they objected to the privileges which the delft corporation had granted to the adventurers as injurious to themselves and the interests of the province. the states of holland on receiving this remonstrance resolved that the contract made by delft and the monopoly of the adventurers should be examined by a commission. against this delft and a number of other towns sent in a counter-remonstrance, but the influence of amsterdam outweighed theirs in the provincial states, who by a majority of votes persisted in their determination. the merchant adventurers, however, appealed from the provincial authorities to the states-general, who had always been their protectors. and now began one of those curious struggles so common in dutch history between the town of delft, the states of holland, and the states-general, all of them claiming independent authority to deal with the matter. the corporation of delft refused to hand over their contract with the merchant adventurers to be examined by the commission of the states of holland. at last, however, it was agreed by both parties that it should be placed in the hands of prince maurice and some impartial persons, who should then confer with the states, and draw 'a good regulation for the preserving of the common industries'. maurice appointed a commission on which the ten towns interested in the cloth trade (of which naturally delft was one) were represented, to take the matter in hand, and on june , , the 'regulation' was drawn up which defined the privileges and conditions under which the adventurers henceforth for many years carried on their trade in holland. its terms therefore deserve to be briefly indicated. the old privileges giving freedom from import and export duties, harbour and market tolls, &c., originally granted in , were not revoked, but defined afresh and modified. art. i gave the fellowship permission to have their court at delft, but only with the licences 'which we [the states of holland] and the states-general shall be pleased to accord, in trust that the netherlanders shall enjoy their old privileges in england.' this last clause clearly referred to the fishing rights, with which at that very moment the english government were proposing to interfere. art. ii reminded the adventurers that when residing in holland 'they would be subject to all our edicts and enactments made or still to make.' art. iii dealt with the excise recently imposed on foreign woollen cloth. on this no concession was made; it must be promptly paid. art. iv insisted on the strict carrying out of the edict of forbidding the importation of dyed or prepared cloth, and also of the edict on the 'tare', which had been renewed in . both these edicts were regarded as grievances by the english, and had in and in been among the subjects on which negotiations had proved fruitless. before this 'regulation' of june , , had come into force the time fixed by king james for the dispatch of another embassy to settle all outstanding disputes had passed by. through the representations of carleton at the hague, and the letters of their own ambassador caron from london, it was made clear, however, to the states that a temporizing policy was no longer possible. indefinite delay would not be brooked. steps were accordingly taken to approach certain of those who claimed damages against the greenland company with an offer to compound with them by a cash payment. nor did the states confine themselves to words, but gave practical proof of their desire for peace, for when the greenland company applied for a convoy of warships to accompany the whale-fishing fleet to spitzbergen, the states-general, after consultation with the states of holland, declined to grant the request, april . the determined attitude of carleton, who threatened reprisals in the channel upon the ships returning from the east indies had its effect, and the slow-moving netherlanders were at last stirred to action. the new envoys were appointed early in october, and though even after their nomination there was further delay while the instructions were being drawn up, within two months all preliminaries were completed, and the embassy finally arrived in london, december , . its arrival coincided with the final rupture between james and his parliament, and the situation was far from favourable to a really friendly settlement. the king was in bad health, worried and embittered in temper by the affronts which he had just been enduring from what he regarded as the insolent demands of a house of commons which neither by threats nor by persuasion had he been able to bend to his will. both philip iii of spain and the archduke albert of the netherlands had recently died. a young king reigned in madrid, but his favourite, the count of olivares, held the reins of power, a man filled with the ambition of raising spain once again to her old position of ascendancy in europe. his policy, as stated in the cortes of castile, was to assist the emperor to crush the protestant cause in bohemia and in germany, to attack the dutch rebels now that the truce was expired, and to defend with all the power of the monarchy 'the sacred catholic faith and the authority of the holy see'. yet in spite of so clear a declaration james fell more and more under the spell exercised over him by gondomar, who had buckingham and other english councillors in his pay, and who continued to dangle before the eyes of the infatuated king, still dreaming of a spanish match for his son, the hope that by the friendly intervention of philip iv at vienna, he might be able to secure without hostilities good terms for his son-in-law, and a settlement of the dutch and other questions in a manner satisfactory to all parties. it was, of course, a purely visionary project, nevertheless it is probable that james was sincere in his aims, and thought that he was acting nobly in playing the part of arbiter of peace and war. but he was really a puppet in the hands of those who were far more astute than himself, and who, while he was negotiating, were grimly preparing for the prosecution in real earnest of the longest and most cruel war europe has ever seen. it was well known moreover to the statesmen, who treated him as their dupe, that the breach between james and his parliament effectually prevented him, even if he wished it, from serious intervention. the dutch embassy, which was accompanied by three commissioners on behalf of the east india company, had at its head francis van aerssen, lord of sommelsdijk. aerssen, already distinguished as a diplomatist and noted for the prominent part he had taken in the recent overthrow of oldenbarneveldt, was for many years to be the trusted councillor of the stadholders maurice and frederick henry. richelieu, at a later time, spoke of him as one of the three ablest statesmen of his time. he had now before him a long and difficult task. aitzema lays special emphasis on the duration and the expense of this special mission. it lasted, he tells us, days, and cost , guilders. 'in the course of it', he further remarks, 'king james at the audiences made very particular and most remarkable discourses, which were replied to by the lord of sommelsdijk with exceptional prudence, he being a man of great sharp-sightedness, eloquence, and experience.' the skill of aerssen is shown in the instructions for the embassy, which, once more according to aitzema, were drawn up by himself. the following are the important points. art. vii deals with the 'questions which have arisen on the whale fishery between the english nation and the greenland company of their lands and their differences concerning the pretended losses suffered on either side.' the envoys are instructed, if possible, to come to a friendly understanding, 'if not, by authoritative decision to draw up for the future a regulation of the aforesaid fishery' on the lines of the previous negotiations, but 'not so as to cause any disadvantage to the land's service or to the rights of the privileged company,' above all, nothing is to be concluded on this matter without awaiting the orders of the states-general, should time and opportunity permit. the next five articles treat of the affairs of the two east india companies, which were, in fact, the main object of the mission. the cloth trade disputes are next dealt with. if complaints should be made about the raising by the states of holland of the duty on foreign woollen goods, the lines of defence are laid down in arts. xiv and xv. in art. xvi the envoys are bidden to avoid any reopening of the 'tare' question, but should the placard enforcing an examination of the goods by the tare-masters be denounced, it must be shown to be necessary in the interests of the cloth trade, and for the prevention of fraud. if english subjects pretend to suffer any injury through the 'tare', let them bring their grievances before their high mightinesses, who will see that justice is done. likewise on the subject of the 'interlopers' (art. xvii) silence is enjoined. the reply, however, to any complaint is that his majesty has the remedy in his own hands by forbidding the 'interlopers' to trade. it would be far easier to prevent their egress from england than their ingress into the united provinces. art. xviii deals with the question of the mint. last of all, the instructions arrive at the great fisheries difficulty. the envoys are carefully to avoid any reference to this matter. if compelled to speak about it, they are to say that they have received no instructions thereon, 'as their high mightinesses had hoped that the king would leave this matter untouched, as his majesty had thought good to delay this whole question for a further period still and a more fitting season. in any case this industry is necessary for the subsistence of many thousands of the sea-faring folk of their lands, and to consent to a course that would ruin them is _impossible_, and there is no hope that such consent would be given either now or hereafter.' conferences were held with the privy council on january , february , and march , the dutch trying to concentrate attention on the east indian differences, about which public opinion in england as well as in holland had been much stirred, and about the renewal of the treaty of alliance, urging that the king should take sides with his old allies against the spaniards and active steps to recover the palatinate for his son-in-law. buckingham's efforts to discuss the alleged acts of violence by the dutch fishermen to the king's scottish subjects only led to the reply that the states had issued a strong edict against such acts and would punish them if proved. as no progress to any agreement was being reached, the envoys suggested a personal audience with the king. this was granted on april . james was far from well, and in a very irritable humour. he received them alone, and, contrary to his habit, sat in his chair during the interview with his hat on, while the ambassadors stood the whole time with uncovered heads. aerssen, after the usual compliments, spoke at considerable length, in accordance with the terms of his instructions, upon the east indian and other matters on which the states desired to treat. the effect of this speech is best told in the words of the original report of the proceedings:-- 'they [the envoys] noted that his majesty was entirely prejudiced and prepared by his council to set his heart against them. to their compliments he gave no reply, letting them pass unnoticed. when they (through their spokesman aerssen) were entering into the business, he said, "make an end of your long harangue. i will give a short and good answer. you are a good orator, i know it well; when i was younger, so was i also; now my memory fails me." six times with great discourtesy did he interrupt them.' the violence of the 'short and good answer' in which he finally poured forth the pent-up vials of his wrath upon the dutchmen is at least a proof that james, despite his age and infirmities, still possessed considerable powers of invective. speaking of the east indian disputes, he exclaimed:-- 'you have taken away the goods of my subjects, have made war on, murdered and mishandled them, without once thinking of what you have enjoyed from this crown, which has made you and maintained you. you must give them satisfaction.... i hold that you ought to show respect to my nation. you are speaking of the accord (of ), i decline to treat with you on equal terms. you have in the indies a man[ ] who well deserves to be hanged. your people over there represent everywhere your prince of orange as a great king and lord, and hold me up as a little kinglet, as if i stood under him, thus misleading the barbarian kings. * * * * * tell me what you are thinking of doing, whether you will take action and give me satisfaction or not? will you do it, then do it the sooner the better; it will be best for you; when will you begin? surely you are like leeches, bloodsuckers of my realm, you draw the blood from my subjects and seek to ruin me; there are six points that show it clearly; take _the great fishery_--you come here to land against the will of my subjects, you do them damage, you injure them, you desecrate the churches, doing filthy acts in them, you hinder them from fishing; the greenland whale fishery you wish to dispute with me, without making good the loss; france and spain have ceded it to me, with denmark i have come to an agreement, you alone wish to maintain it against me. i would not endure it either from france or from spain, do you think i either can or will bear it from you? in the cloths you are playing at _passe-passe_, as if you were laying a burden on your inhabitants, and yet this is the cause; these (the cloths) are no more carried, therefrom as you may have heard a mutiny and wellnigh a rebellion exists in my realm.' [ ] the governor-general, jan pietersz coen. having mentioned these three points, the other three appear to have escaped his majesty's memory. after this outburst the negotiations were renewed, the east indian questions being taken first. this admirably suited the dutch, who knew they had the upper hand in the indies and were anxious to shelve the fishery dispute as long as possible. for months the weary negotiations proceeded, until in august there was once more a deadlock. the king again granted an audience (august ), was again angry, and with small result. an event now occurred which gave rise to fresh complaint. the dutch fishermen off the scottish coast had encountered an ostend vessel with some dutch prisoners on board. the ostender was attacked and an attempt made to set the captives free. a conference was held on the matter in the king's presence, september , and the hollanders were accused of a breach of neutrality. the envoys rejoined that it was the ostender which had committed a breach of neutrality by bringing prisoners into scottish waters, and pointed out 'that no one had so great an interest as his majesty to prevent spain from sharing the sovereignty of the sea on which his majesty was so mighty and whereon his chief security lay'. this reference to james's relations with spain was more than the testy king could brook. 'it is you', he said, 'who are masters of the sea, far and wide, you do just what you like, you hinder my own subjects from fishing on my coasts, who at any rate according to all rights ought to enjoy the first benefit, but when i raise the question, and urge you to observe my rights, to listen to what i have to say, you will not agree to a single word being spoken about it; yes, my ambassador writes to me that he might just as well speak to you of the rights of my fishery, as of a declaration of war with you. when you are at war, you say that your government has not yet been granted time for your community to get on its legs. in peace, you have other excuses. the long and the short is, you don't want to enter into it.' the ambassadors were, however, not to be entrapped into a discussion of the great fisheries; remarking that his majesty had agreed to defer speaking about this question, they skilfully turned his attention to other subjects. one result of this conference was the resolve of the privy council to make a serious effort to accommodate the greenland fishery dispute. a formal statement of the english grievances was set forth in a letter to the ambassadors, and they were requested, now that far more than the three months' delay which the king had conceded was past, to pay up the indemnity of £ , for the losses that had been suffered. the netherlanders at once replied that they were ready to consider the greenland differences as soon as the east indian were settled, but not before. unless the east indian negotiations were pushed on, they threatened to return home (october ). for some two months accordingly the indies held the field. when, however, the middle of december had arrived the council once more repeated their demand that the indemnity, which had been promised in , should now be handed over. the envoys denied having any knowledge of such a promise. they would make inquiries about it, meanwhile their instructions only allowed them to discuss the greenland question as a whole and without prejudice. they asked for proofs of the alleged promise. none were forthcoming. so by raising this side-issue the dutch achieved their object of gaining time. an accord at last having been reached on east indian affairs, the envoys announced that after fourteen months' sojourn in london they were unable to remain longer. caron, they said, would have full powers to carry on negotiations about the greenland matter. so far as any real settlement of disputes was concerned, the embassy was again a complete failure. even the accord in the east was a sham. the english company had obtained a nominal position of equality with its dutch rival in the indies, and a definite share of the coveted trade in the spice islands. but all the power was in the hands of the dutch, and such an artificial arrangement was more likely, as events were speedily to show, to breed fresh discords than to allay the old ones. iv: - the embassy of returned to the netherlands early in february, . a few weeks later prince charles, accompanied by the duke of buckingham, was on his way to madrid to woo in person his prospective spanish bride. no more conclusive proof could have been shown of the lack of success of aerssen in obtaining any assurance of armed support from king james for the states in their renewed war with spain or for the recovery of the palatinate. yet, strangely enough, at this very time of increasing political alienation, four english and two scottish regiments formed (as indeed was the case throughout the remainder of the eighty years' war) the very kernel of the states army, and campaign after campaign bore the brunt of the fighting. when the spaniards laid siege to bergen-op-zoom in july, , maurice had reinforced the garrison by fourteen english and scottish companies. the gallant defence of the town first by colonel henderson, then, after this officer fell mortally wounded, by sir charles morgan, excited general admiration in europe. in october, spinola, after making repeated and desperate efforts to capture the place, was compelled to raise the siege. these troops were recruited by royal permission in england and scotland, remained british subjects, and were distinguished by their national uniforms and colours, by the beat of the drum and the march. they were, however, in dutch pay, and took an oath of allegiance to the states-general, from whom the officers received their commissions.[ ] [ ] see special note f. this same period saw also the beginnings of rivalry in the west as well as in the east. in a charter was granted to the dutch west india company. this charter was framed on the model of that of the east india company, and it was hoped that the new venture might be attended by the same good fortune and phenomenal success as had followed dutch enterprise in java and the malayan archipelago. far from being a mere commercial undertaking, it was intended from the first that the west india company should be required to equip considerable armed forces, naval and military, wherewith to strike a blow at the spanish power in america, and cut off those sources of revenue which supplied king philip with the sinews of war. in carrying out such projects of aggression in the spanish main there was less risk of disputes arising between the dutch and english than had been the case in the east indies. nevertheless, the colonists and traders of the two nationalities were in america also rivals and competitors in the same localities. netherlanders and englishmen had already for some years before been carrying on traffic with the natives and setting up trading posts side by side in the estuary of the amazon, and in the various river mouths along the coast of guiana. in , by letters patent, a grant was made by james i to robert harcourt, of stanton harcourt, in the county of oxford, for the planting and inhabiting of the whole coast of guiana between the rivers amazon and essequibo, and this grant was renewed to roger north in , and again by charles i to the duke of buckingham in . yet within the limits of these grants the dutch in established themselves permanently on the river essequibo, and in on the river berbice, while a number of abortive attempts were made to set up trading posts and colonies at other points of this coast. more important than any of these, a settlement had been made in on the island of manhattan at the mouth of the hudson river, a grant having been given at that date by the states-general to a body of amsterdam merchants of all unoccupied land between chesapeake bay and newfoundland. this settlement and those in guiana were in taken over by the newly erected west india company. thus in north america the dutch took possession of the best harbour on the coast, and their colony of new netherland with its capital new amsterdam (afterwards new york) was thrust in like a wedge between the english colonies of virginia and new england. in the west indian islands and on the gold coast of west africa the keen traders of the two nations also found themselves side by side, with the result in almost all cases, as has been well said, that the dutch extracted the marrow, leaving the english the bone.[ ] it will at once be seen therefore that the activities of the dutch west india company, though it came into being primarily for the purpose of 'bearding the king of spain in his treasure house', were certain, sooner or later, to come into conflict with english enterprise and to enlarge the area within which their respective interests and claims were divergent. [ ] _cambridge modern history_, iv. . but to return to my immediate subject. the ill-success of the embassy of in effecting any settlement except the accord relating to the east indies, an accord which was not regarded in holland with much favour and which was speedily to prove a failure, caused considerable disquietude to the states. it was resolved therefore to make another real effort to accommodate the old grievances of the english in regard to the acts of violence charged against the dutch fishermen both on the coast of scotland and off spitzbergen. it was hoped that by so doing, any further raising of the question of fishing rights might be avoided. the news of the journey of prince charles to madrid changed disquietude into genuine alarm, lest james, irritated as he was by a succession of fruitless negotiations and long-protracted disputes, might be tempted to cement the spanish marriage by an alliance with the hereditary foe, and to seek redress against the united provinces by force of arms. steps were accordingly taken to enforce strictly the placards by which the skippers of the herring-busses were forbidden under heavy pains and penalties to interfere with or to disturb the scottish fisherfolk in their industry (april , , may , ), and they were also warned not to approach too near to the coast. caron was requested to inform the english council of these measures of precaution. the states-general were likewise anxious in their desire to arrive at a friendly understanding that the claims for damages against the greenland (northern) company should be paid. but the old difficulties supervened. the directors of the greenland company reminded them of the counterclaim for damages suffered at the hands of the english. to pay therefore the english claim before demanding from the muscovy company a simultaneous settlement of dutch grievances would be, they pointed out, playing into king james's hands. it would be regarded as an admission of his exclusive and particular rights in the spitzbergen fishery, rights which the greenland company and the states had repeatedly refused to acknowledge. so, despite pressure both from carleton and caron, the matter dragged on. at last, december , a letter was sent to caron, denying that any promise had been given by the embassy of - of a one-sided payment of damages, as stated by the english, but expressing the willingness of the dutch to make a mutual settlement. as, however, so often before in these negotiations, delay had served its purpose. when this letter reached caron, a dramatic change in the english policy had taken place to the advantage of the netherlands. the negotiations with spain for the restitution of the palatinate had broken down. philip iv and olivares had never intended to purchase the friendship of england at such a price, and the marriage prospect, on which for so many years his heart had been set, had to be reluctantly abandoned by king james. 'i like not', he said, 'to marry my son with a portion of my daughter's tears.' the return of the prince of wales and the duke of buckingham, october , angry at the treatment accorded to them at madrid, led to the overthrow of the party at court which had favoured a spanish alliance. parliament was summoned, and buckingham in advocating an anti-spanish policy found himself for once a popular favourite. pressed by his son, by buckingham, by parliament, and by public opinion, the aged king with a heavy heart saw himself compelled to abandon his cherished scheme of recovering the palatinate by peaceful negotiations, and to take steps for armed intervention. the states-general, on seeing the turn that events were taking, wisely determined to send another embassy to london to take advantage of the opportunity for concluding the wished-for offensive and defensive alliance between england and the united provinces. there was this time no delay in drawing up the instructions, and aerssen and joachimi, the two best men they could have chosen, departed on their mission february . there can be little question that the moving cause for the sending of this embassy with such unusual dispatch is to be found in an interview between sir dudley carleton and prince maurice, which the former records in a letter to the duke of buckingham dated december , . 'i have thought fit', wrote the ambassador, 'to set down at large (whilst it is fresh in my memory) an opportunity as properly given unto me this day by the prince of orange (who is the only person of power and confidence we have here to treat withal) as i hope your grace will think it seasonably taken.' some business at the council of state, at which both were present, having been got through more quickly than was expected, maurice, so carleton informed his correspondent, 'gave me a long hour's leisure afterwards in his garden, which he himself desired of me ... he asked me bluntly (after his manner) _qui at'il de vostre mariage?_[ ] i told him it was now at a stay upon this point, that the restitution of the palatinate must be first concluded. and that the queen of bohemia was not only well comforted with this assurance, but pleased herself with a further conceit that the opportunity was never fairer for this state to regain the king her father's favour, and return to the ancient support of his crowns, which by way of gratitude for her good usage, since she had her refuge into these parts, she could not but admonish his excellency of and advise him not to let it slip. here i took occasion to play my own part, and to remember unto him how things had passed within the compass of my experience from the beginning, letting him know what friendship his majesty had shewed this state in making their truce; what sincerity in rendering their cautionary towns according to contract when they were demanded; what affection in supporting their affairs during their late domestic disputes; what care in settling our east-indian differences; finally, what patience in conniving at all the misdemeanours and insolences of their seamen without seeking revenge.' [ ] the orthography of the original. carleton then proceeds to defend the king's attitude to the dutch, 'whose ill course, pursued through some years' continuance, bred a deserved distaste in his majesty'; and his listening on the part of spain to 'fair overtures of friendship, being continually made and confirmed by the tender of a match.... but (he is careful to add) now the cause is removed, the effect may possibly cease in like manner.' the reply of maurice was 'that nothing could be more certain than the affection of this state to a prince embracing their cause of opposition to spain. and if his majesty could take that resolution, he might dispose of these their lives and fortunes.' a further discussion led finally to the prince's declaration, 'when the king would be to this state as queen elizabeth was, this state would be to him as it was to queen elizabeth.' the advice of carleton to the duke is to seize the chance of effecting a good understanding with the netherlands. 'the present opportunity [to quote the actual words] of the prince of orange's good affection, and strength of these provinces both by sea and land as it yet stands, but not possible so long to continue, being seasonably laid hold of, his majesty may have with this state a firm and fruitful alliance.' the embassy then, which reached england on february , , had a comparatively easy task before it. it was received by the populace with acclamations, and by the king, now completely under the influence of buckingham, with friendliness and distinction. even the news of the (so-called) massacre of amboina in the far east, which was to arouse in england for many years a bitter feeling of resentment against the dutch, did not now lead to any delay in the negotiations, which proceeded smoothly from the first. aerssen and joachimi had english public opinion with them, and a treaty for a defensive alliance between the two countries was signed on june . by this treaty james allowed an additional force of , men to be raised in england, the pay to be at his charges, the states undertaking to refund the amount advanced on the conclusion of a peace or truce. so quickly was the enlistment carried out, that four regiments of , men each, commanded by the earls of oxford, essex, and southampton and lord willoughby de eresby, landed in holland ready for service on july . the contingent arrived at an opportune moment, as spinola had just invaded dutch brabant at the head of an army of , foot and , horse, and had laid siege to breda. this treaty of alliance of june , , was followed as a matter of course, by negotiations for a settlement of the long-standing disputes about the greenland fisheries indemnity and other questions, but despite the efforts of the states-general and the two residents carleton and caron, but little progress was made. the directors of the greenland (northern) company had the powerful influence of amsterdam behind them, and they raised, with the same obstinacy as on previous occasions, strong opposition to making any payment for damages, unless the english agreed to satisfy their counter-claim for losses sustained in and . matters were still further delayed by the illness and death of noel caron, december , . caron was a real loss at this moment, for he had during fourteen difficult and anxious years filled the post of ambassador of the united provinces in london with conspicuous industry, ability, and tact. the selection of albert joachimi, lord of ostend, as his successor was probably the best that could have been made, and met with general approval. he was a man of proved experience, and had been recently in england with aerssen with the mission that so successfully concluded the treaty. it was intended that he should at once enter upon his duties and take with him to england instructions for a prompt settlement of the greenland indemnity, if possible by a friendly agreement; if not, in any case 'decisively and authoritatively', and in their turn the other pending disputes and complaints. events, however, occurred which effected so complete a change in the political situation that his departure was perforce delayed. on march , , james i died. a month later, maurice, prince of orange, breathed his last, april , . charles i ascended the throne of england, and it was hoped this would mean a more decisive intervention of england in foreign politics. the new king was embittered against spain, and it was known that the duke of buckingham, who at this time professed friendship for holland, and through private pique was even more hostile to the spaniards than his master, held an influence over him greater even than that which he had exercised over his father. it was largely through his efforts that, after the rupture of the spanish match, a marriage had been arranged between the prince of wales and the sister of louis xiii. the accomplishment of this union was one of the very first acts of the new reign. charles and henrietta maria were married at paris by proxy, may , and at canterbury, june , with anglican rites. richelieu was now firmly established in power, and in his hands henry iv's policy of hostility to the ascendancy in europe of the house of habsburg was revived. charles was therefore not without hopes of obtaining armed assistance from france in that war with spain for the recovery of the palatinate on which his heart was set. in the united provinces, frederick henry, prince of orange, succeeded to all the posts and to more than the influence of his brother. he was, as a general, the equal of maurice, and was far superior to him as a statesman. during his stadholderate, strong in the support and affection of all parties and classes, frederick henry was able for many years, despite the cumbersome and intricate machinery of government in the dutch republic, to exercise a control over the conduct of foreign affairs that was practically undisputed. he, as the son of louise de coligny, had throughout his life strong french leanings, and the aim of his diplomacy was from the first to secure the goodwill of richelieu and the help of french troops and subsidies for the netherlands. to send joachimi at such a juncture to london to discuss the settlement of a fishery indemnity was clearly inadequate. it was resolved accordingly that with the newly appointed resident ambassador a special embassy should go to england to congratulate the king upon his accession and his marriage, and, in view of the strained relations between charles and spain, to negotiate a treaty between the two countries on the basis of an offensive and defensive alliance. francis van aerssen and rienck van burmania were chosen as envoys extraordinary for this mission. they set sail, accompanied by joachimi, on june . all the circumstances were favourable to the success of their mission, no difficulties supervened, and on september the treaty of southampton was signed. by this time a great expedition was being prepared in england for the destruction of the port of cadiz and the capture of the plate fleet. already, efforts had been made by buckingham to persuade the states to allow , seasoned english troops in their pay to serve on the great fleet he was equipping, in exchange for , recruits. but although the , recruits were sent over (june ) to rotterdam, the states-general would not part with their veterans, whose services they sorely needed. sickness carried off numbers of the raw levies, who were not allowed to land, and the remains had to return in miserable plight to plymouth at the end of august. being without pay, these unhappy men had lived during the interval at the personal charges of sir dudley carleton. in a letter to sir f. nethersole, secretary to the queen of bohemia, dated august , the ambassador wrote: 'i have had no small trouble with , soldiers sent hither out of the north of england to be exchanged with the states for so many old musquettiers, which the weakness of the states' army, especially in the english nation, could not admit, and, having understood his majesty's intention to use these , in the service of the fleet, i caused them three weeks since to be embarqued at rotterdam, where they have layn ever since, attending the wind, but i hope they will now get away.' charles, having already quarrelled with his first parliament, which was dissolved august , had failed to obtain the subsidies he required for carrying out his ambitious foreign policy. the states, however, consented to allow general sir edward cecil and several other officers of experience in their service to absent themselves for three months and take part in the expedition against spain, provided that they took none of their soldiers with them. cecil, although a land soldier without any naval experience, was induced by buckingham to take command of the great armada, a post for which he was quite unfitted. the fleet, after many delays, at last set sail october , badly equipped, with victuals only for six weeks, foredoomed to failure. in accordance with the terms of the treaty, a squadron of twenty dutch ships under william of nassau, a natural son of maurice, took part in the expedition. there is no need to follow its fortunes further here. 'one by one,' says dr. gardiner, 'all through the winter months the shattered remains of the once powerful fleet came staggering home, to seek refuge in whatever port the winds and waves would allow.' such an ignominious issue to this great enterprise was of evil omen to the new reign. it was wounding to english pride and roused public indignation against buckingham to a high pitch. in these circumstances it is not to be wondered at that the alliance between great britain and the united provinces did not prevent a fresh crop of differences arising between them. the massacre of amboina rankled in the mind of charles, and it had not been forgotten or forgiven by his people. the right of the english ambassador at the hague to a seat on the council of state had strictly ceased when the treaty which granted it came to an end with the close of the truce in . but dudley carleton had continued without gainsaying, so long as maurice lived, to enjoy his former privileges. by a resolution of the states, june , , however, he was informed that henceforth he was permitted to take part in the deliberations of the council not as a right, but simply by courtesy. carleton attempted to obtain a withdrawal of the resolution, but in vain. as the most important affairs were at this time no longer transacted in the council of state but in the states-general, the loss of influence was not really great, nevertheless the mere passing of such a resolution when the treaty of southampton was not yet a year old was resented by the english as a slight. difficulties had also arisen over the restrictions placed and the duties levied upon the merchant adventurers, who had the staple of the english cloth trade at delft. worse than all, a number of dutch merchant vessels had been seized and searched on the ground that they were carrying contraband and trading with the spanish enemy. the hollanders throughout the war of independence had always insisted on the right to freedom of commerce even with their foes, and by supplying the spaniards not only with food but with arms and munitions, had made immense profits, which helped largely to fill the rebel war-chest. it was the attempt of leicester to stop this commerce, which chiefly caused his unpopularity in the netherlands. the treaty of southampton (arts. - ) had forbidden all such traffic, but the keen traders of amsterdam could not be restrained from the secret evasion of a restriction, to which they had so long refused to submit. hence acts of reprisal on the part of the english government, and bitter complaints on both sides. once again it was necessary to send a special envoy to london. the chosen ambassador this time was jacob cats, better known as the people's poet of the netherlands than as a statesman, though he was far from being undistinguished in the latter capacity, seeing that he was to fill for a number of years the important post of grand pensionary of holland. he departed upon his mission march , . his object was to negotiate a navigation treaty (_traité de marine_) dealing with the various thorny questions regarding contraband of war and right of search at sea which had been causing so much trouble. but no sooner had the conferences with the privy council begun than the dutch envoy was confronted with complaints that the old outstanding disputes, the indemnities claimed in reparation for the amboina massacre, and for the acts of violence committed by the herring fishers off the coast of scotland, and by the whale fishers at spitzbergen, had never been settled. cats had to plead that these matters were not included in his instructions, and after some controversy he succeeded in securing the postponement of these obtrusive and troublesome matters. they were at the first suitable opportunity to be discussed with the resident ambassador, joachimi, who would be furnished with special instructions from the states. the policy of delay, which had proved so successful in the past, once more gained for the netherlanders all that they required. the fisheries went on, under protest indeed, but undisturbed. the indemnities continued to be claimed, but remained unpaid. the main purpose of cats's mission was, however, not achieved. no agreement about contraband and right of search and seizure was reached. the comment of aitzema upon the negotiations is worth reproducing; it is scarcely possible to describe what took place more pithily or with greater acuteness: 'with these and such-like proposals, with plaints and counterplaints, was the time spent, without either the one or the other being made any the wiser. each one thinks that he is most in the right; everybody looks outwards, nobody homewards, and for much of the time each was taxing the other with offences in which they themselves were the more guilty. the big fishes eat the small ones. he who has the might uses it; every one speaks merely of uprightness, of sincerity, of affection, and there is nothing but deception and hypocrisy on all sides. the english thought also (as was quite true) that they had done much for the common cause and for the reformed religion: and that it behoved this state likewise to suffer some inconvenience in their commerce; because otherwise all business which was in england, would find its way to the united provinces, if these with too great and undisturbed freedom should use the sea, and not the english. thus the ministers of this state did not accomplish much. to heer cats, however, an honourable farewell was accorded with the usual present, and the dignity of knighthood. he returned to the hague august .' the spring of had found the government of charles i involved in so many difficulties that it is not surprising that the king should not have found it possible to take any decisive line in his negotiations with the dutch. he had quarrelled with his parliament, and knew not where to turn to raise the money to meet the heavy liabilities in which he had involved himself. the attack on cadiz had utterly miscarried, and had failed to give any help to the cause of the palatinate. at this moment of sore disappointment he had seen with misgiving that the new stadholder, frederick henry, and his minister aerssen, had turned to france with friendly overtures, and had found richelieu willing to receive them. france had promised to the states a yearly subsidy, and a loan of troops on condition that the dutch would send a squadron to assist in the blockade of la rochelle, and would undertake not to conclude a peace or truce with spain without the knowledge and consent of the french king. charles felt that his strenuous efforts to increase his fleet and render it more efficient, with the aim of making the english navy supreme in the channel and the north sea, were directly threatened by such an alliance. it was known that it was the policy of richelieu to strengthen the position of france as a maritime power, and the traditional english jealousy of french aggrandizement was increased rather than diminished by the close bond which united the royal families. the french marriage had always been unpopular in england, great resentment being felt at the concessions that had been made with regard to the public performance of roman catholic rites. charles himself found the position of things at court so difficult that he was obliged finally to take the strong step of sending back the french attendants of the young queen. this gave great offence at paris, and the soreness between the two countries was aggravated by the high-handed action of the english on the sea during the spanish war. french ships had been searched and seized, and in reprisals an embargo had been laid upon english vessels and goods at la rochelle and other places. finally, the countries drifted into war. charles hoped that he might secure the friendly neutrality of spain, but his efforts failed, and spain allied herself with france. in june a great expedition sailed under the command of buckingham to relieve la rochelle. to meet its cost without the help of his parliament, charles had been compelled to have recourse to forced loans and other unpopular expedients, and the issue was to be a disaster even more humiliating than that of cadiz. in these circumstances, while this fleet in the spring of was being prepared, but its destiny still unknown, it was necessary for the king to keep on good terms with the united provinces, and to pursue a temporizing policy with regard to the grievances that he had against them. while therefore jacob cats, as special ambassador from the states, was busily engaged in negotiations with the english government in london, charles sent on his part an envoy extraordinary to the hague, nominally for the presentation of the order of the garter to the prince of orange, in reality to sound the disposition of the dutch statesmen and to make proposals to them. the man selected to carry out this commission was the former ambassador at the hague, sir dudley (now lord) carleton, who had returned to london in the previous year. in his secret instructions (dated may, ) are several interesting passages.[ ] the document opens thus:-- 'the mayne scope of your imployment consisting of two points; the one to prevent the practices of the french, who seeke by presentation of new treatyes, and profers of summes of money, to make, as it were, a purchase of the affection of that state, and to gaine it from us; the other, to provide that no misunderstanding growe upon such overtures of pacification as are made unto us by the spanyard; we may well consider that in cases of this nature, with people so composed as they are, there is required a very cautious proceeding.... we would have you begin with declaration of our purpose constantly to continue our preparations against spayne, as against a common enemie, in conformity to the league, offensive and defensive, betwixt us and that state, and to make the same more manifest, you shall have a list of the shipping now sett out under our high admiral, the duke of buckingham, with such as we are now further preparing for the security of these seas; and hereupon you are to require them to arme, in like manner extraordinarely to sea, according to treaty....' [ ] sir dudley carleton's _state letters_, , pp. - . thus was carleton to attempt to blind the dutch statesmen as to the overtures that had been made to spain and as to the purpose of the fleet gathered at portsmouth. with regard to the second point, the instructions proceed:-- 'we would have you take knowledge of such griefs and discontentments, as their resident ambassador joachimi, and catz their extraordinary deputy, have complained of against our seamen, and thereupon make knowen the charge (wherewith you are well acquainted) we have given certaine select persons of our council to treate with them, of all due and reasonable satisfaction for what is past, and a reglement for the future; but with all you are to remember unto them, that, as we are to have a care of their contentments, so we are not to neglect the protection we owe to our own subjects.' and then follows a setting out of the old grievances, the amboina affair and the differences between the east india companies generally, and the exactions upon the merchant adventurers now having their court in the staple town of delft under the title of tare. there is no mention here of the fisheries. as regards the choice of friendship with france or with england, the instruction, after a recitation of all that the republic has owed to english goodwill in the past, thus presents the alternative:-- 'therefore, as things may growe to greate extremity betwixt us and the french king, in case you find no disposition in the states to joyne with us in assistance, as their enemys do with france, we like well you should persuade them to hold themselves neutrall, whereby to reserve to themselves the liberty of mediation of attonement, to which we shall be at all times ready to lend a willing ear to them, as common friends. and as they may apprehend danger to their state, by want of such pecuniary ayde as is verbally presented to them by the french king as the price of their affections; or may be prest to the renewing of the triennial treaty of compiegne, let them in their wisdomes, waigh what is the less of evils, in forbearing for a while the acceptation of the weak and faltering friendship of france, which, being in warre with england, cannot have meanes to assist them, though never so willing and constant; or provoking england to the necessity of conjoyning with their enemies, for which they cannot but know the doore is allways open to us; and then consider that when the flame betwixt france and us hath no such fewell from this country as is ministered to the french from spayne, it will be the sooner extinguished and these crownes may be quickly reunited, not only to their ayde as formerly, but likewise to the support and restitution of such friends in germany, in whose welfare they, with us, have common interest....' finally, carleton is requested to remonstrate with the states for the difficulties they had raised to the admission of his successor at the hague--a nephew, named dudley carleton like himself--to a seat in the council of state, which had always hitherto been granted to all english ambassadors and agents since . carleton had his first audience in the assembly of the states-general, june / , and a second five days later. in the first he read an address setting forth the various objects of his diplomatic mission; in the second he asked permission of the states for the prince of orange to accept the garter. in a letter dated june (o.s.), to lord killultagh, the ambassador gives an account of a conference that he had with a deputation of the states-general, consisting of one member representing each province. 'he laid open to them', he writes, 'all that had passed from the beginning to the end', and tried to persuade them of the advantage of clinging to the english in preference to the french alliance. he found it, however, a difficult task to remove the apprehensions that were felt that charles's quarrel with france meant a drawing nearer to spain. carleton, at the same time, does not scruple to point out that the fact that he has gone to holland without any money to pay even interest on the expenses that had been incurred by the states for the maintenance of mansfeld's english levies in , or for the creditors of the queen of bohemia, or for preventing the forfeiture of 'his majesty's jewells, which are in pawn at amsterdam', would be ruinous to his mission, and begs for the necessary cash to be sent. the money, it is needless to say, was not forthcoming, and such was the suspicion against england that, despite carleton's efforts to secure for the english resident ambassador a seat on the council of state, the proposal was rejected by the vote of every province separately. nevertheless there was genuine alarm in the netherlands that the continuance of the war between france and england would be injurious to their interests by forcing one of the combatants to seek the alliance of spain. the missions of cats to england and of carleton to the hague, though they failed in bringing about any real settlement of the differences between the two powers, at least effected an understanding that, for a time at any rate, grievances were not to be pressed. the interests of dutch trade rendered the undisturbed passage of the channel, free from interference by hostile fleets or cruisers, a consideration of the very utmost importance. it was resolved, therefore, to send yet another special embassy to england to offer the mediation of the states between the belligerent powers, and to negotiate for the release of the many dutch ships which had been seized on the high seas and kept in english harbours. the lord of randwijk and adrian pauw, pensionary of amsterdam, were accordingly sent. they arrived in london, january , , and stayed in england some fourteen months. carleton meantime remained at the hague. in may of this same year the earl of carlisle joined him, bringing further instructions from the king. by these instructions he was bidden to assist carleton in pressing upon the states the advantages of friendship with england in preference to france, and the necessity, if they wished to obtain it, of forbidding the construction of french war-vessels in the dutch ports, and of punishing adequately the perpetrators of 'the foule and bloody fact' of amboina. it will thus be seen that diplomacy during these years and was indeed busy, so busy that it is by no means easy to see light clearly amidst such a tangled web of negotiations. this is certain, that they had small result. the prince of orange, and his chief adviser francis van aerssen, had made the french alliance the sheet-anchor of their policy. they wished to be on friendly terms with england, and to bring the war, which was so injurious to dutch interests, to a speedy conclusion, but they distrusted the intentions of charles i, and knew that the breach with his parliament in any case must deprive him of the resources for carrying out any bold and active intervention in the german war. they suspected, moreover, that it was not unlikely that charles might follow in his father's footsteps and strive to help his relatives in the palatinate by means of negotiations with spain rather than by hostilities against that power. the efforts of carleton and carlisle met therefore with little or no success. the influence of amsterdam in the states of holland was too strong for any steps to be taken to punish those who had been concerned in the amboina tragedy, and the english demands were met by evasion and delay. but though carleton was unsuccessful, the envoys in london, in carrying out their task as mediators between england and france, were helped by the pressure upon charles of the financial difficulties in which, after the assassination of buckingham (august , ), he was becoming more and more involved. the dissolution of march, , was a final breach with his parliament. the king had therefore little or no alternative but to bring his war with france to a speedy conclusion. the dutch envoys, on their part, did their best to remove the obstacles to an anglo-french understanding, and peace was signed april , . v: - the foreign policy of charles i during the eleven years of autocratic rule which followed the dissolution of parliament in , was conditioned by his lack of money. his schemes were ambitious and were obstinately pursued, and the charge that has frequently been preferred against him of inconstancy and fickleness, though it has a basis of truth, is on the whole unjust. charles's projects had to be frequently modified, because he found himself without the means for carrying them out. in november, , peace was concluded with spain. it was his dearest desire to see the palatinate restored to the elector frederick, and his sister, to whom he was much attached, freed from the necessity of living as an exile in holland; but the cost of a military expedition to the aid of the protestants in germany was prohibitive. he was also suspicious of french motives and of the policy underlying their alliance with the dutch. perhaps at this time the predominant idea before charles's mind was the restoration of the navy to a position of supremacy in the british seas. his most earnest endeavours were for some years directed to this end, but its attainment was seriously threatened by the close bonds which united the powerful fleets of the dutch republic with the growing naval strength of france. in these circumstances, he attempted to pursue his father's policy of seeking to counterbalance the franco-dutch alliance by a good understanding with spain, through whose intervention with the emperor he hoped he might be able to secure for frederick v some portion at any rate of his ancestral possessions. in a treaty with spain for the partition of the netherlands was actually drawn up, but it came to nothing, and its failure was followed by negotiations with gustavus adolphus. these also were fruitless, for charles was unable to offer the swedish king the military assistance without which the proffered alliance had no value. hopes, however, no doubt lingered in charles's mind that the phenomenal success of gustavus would lead to the restoration of the elector palatine to his rights, but gustavus was slain at lützen (november, ), and the disastrous defeat of the swedes and their protestant allies at nördlingen (august, ) gave a decisive superiority in germany to the hispano-imperialist forces. the habsburg family alliance had for the time completely gained the upper hand. charles, who had been tentatively making overtures to france, now turned once more to spain (october, ) with a fresh scheme for the partition of the netherlands, and though the time was now past for any real change in spanish policy, a treaty was actually signed (may , ) by which the english king agreed to assist the spaniards with a naval force against the dutch. he had been impelled to take this step from fear of french designs. the battle of nördlingen had had the effect of drawing the french and dutch nearer together in the common dread of a habsburg predominance. a treaty of subsidies was at once agreed upon, and it was followed (february, ) by an offensive and defensive alliance between the two powers. both france and the united provinces bound themselves not to make a separate peace, and it was provided that the spanish netherlands--the southern provinces, by the death of the archduchess isabel, had in reverted to spain--should be conquered and partitioned between the two contracting parties. charles had therefore looked to a spanish alliance as a counterpoise to a franco-dutch supremacy in the 'narrow seas'. he hoped also that he might at the same time secure favourable terms for his nephew--frederick v had died in november, --in the palatinate. he was soon to learn by the publication of the treaty of prague (may , ) that the emperor had transferred the territory and the electoral dignity of the palatinate to the duke of bavaria. direct negotiations with vienna, backed, as they were, by no force, were barren, and charles was compelled to see in the aid of france, who had concluded an offensive and defensive alliance with the swedes, two months after that with the states, his only hope for the furtherance of his nephew's interests. richelieu had now definitely ranged himself with the two leading protestant powers in a league against the house of austria, and had pledged all the military and financial resources of france to the task of carrying out the policy of henry iv, which a quarter of a century before had been rendered abortive by the dagger of ravaillac. the states judged this to be a fitting time to send over to england a special envoy, and cornelis van beveren, lord of strevelshoek, was selected for the post. he set out for london, march , . his instructions were to act in concert with joachimi and the french ambassador de senneterre, in urging charles to join in a triple bond with the united provinces and france for the purpose of making a combined attack upon spain. van beveren was to point out that only by such a course could he lend any effectual assistance to his nephew. it was hoped that charles lewis, who was now residing at the english court, would use all his influence in forwarding the objects of the mission. the negotiations, however, were doomed to take a very different direction from what had been intended. on april the secretaries of state, windebank and coke, came to van beveren with a communication from the king. it was to the effect that charles was preparing to send out a fleet 'to preserve and maintain his sovereignty and hereditary rights over the sea, and for the preservation and protection of commerce', and the dutch envoy was informed that no one would in future be allowed 'to fish in the king's seas without express licence and suitable acknowledgement.' so long a time had elapsed since the last attempt at interference with the dutch fishing that all mention of it had been omitted from the instructions of van beveren; it was hoped, indeed, that the question would not be revived. on van beveren expressing his astonishment at this sudden change of policy, and asking for the reasons which had prompted it, he was referred to the recently published _mare clausum seu dominium maris_, by john selden, in which he would find a complete exposition of the king's rights and of the object he had in asserting them. this famous work, written originally, as the author himself tells us, at the command of james i, to establish the claims of the king to the exclusive sovereignty of the british seas, had for some years remained unprinted. the attention of charles having been drawn to it, he read it carefully, and immediately commanded its publication. its appearance in december, , had thus an official character, for its principles and policy were henceforth adopted by charles, as matters demonstrated by irrefutable proofs, and they were endorsed by english public opinion wherever selden's treatise, which rapidly passed through two editions, was read. van beveren, seriously disturbed, at once wrote home for further instructions, and his fears were not allayed when at an audience, april , the king declined the proffered alliance, and expressed his wish for a discussion of the question of maritime rights. his dispatch at this very time of thomas howard, earl of arundel, on a special mission to vienna, showed indeed that he still trusted to the result of direct negotiations with the emperor. arundel had to pass through holland, where his presence on such an errand warned the dutch that the attitude of charles was anything but friendly, and that grave dangers might be threatening them. in these circumstances the states-general, leaving van beveren to continue his negotiations in england, summoned joachimi to the hague to consult with them as to the course it was best to take should charles persist in his purpose. they had need of his advice, for may / , , a proclamation was issued by the king--'for restraint of fishing upon his majesty's seas and coasts without licence'--which plainly stated the king's intention 'to keepe such a competent strength of shipping upon our seas, as may by god's blessing be sufficient, both to hinder further encroachments on our regalities, and assist and protect those our good friends and allies, who shall, henceforth, by vertue of our licences (to be first obtained) endeavour to take the benefit of fishing upon our coasts and seas, in the places accustomed.'[ ] [ ] see note g. for some weeks no steps were taken to enforce the proclamation, but on july news reached van beveren that an english fleet of fifteen vessels was ready to sail to the fishing-grounds with orders to seize as prizes any boats that refused to pay the toll. to plead for delay was the only course open to the dutch envoy. he had an interview with the king in person at windsor, july , but was able to effect nothing. charles assured him that the object of the fleet, so far from being hostile, was intended for the protection of the fisher-folk especially against the dunkirk pirates (from whose daring attacks they had as a matter of fact suffered much during the past few years), and that the payment of a small toll was but a recognition of the benefit they would receive. with this doubtful assurance he had perforce to rest content. on july twelve ships under vice-admiral pennington actually sailed northwards, and compelled the fishermen that they encountered--most of the boats had already returned home, it being late in the season--to pay the toll. no opposition was made. one of the captains of the dutch guard-ships had, however, in consequence of his protest against these proceedings, been taken prisoner. the dutch government on hearing this news took decided action. joachimi was ordered at once to return to england, and as soon as possible to seek an audience with the king. armed with instructions, joachimi accordingly left holland, august , convoyed by a fleet under lieutenant-admiral van dorp. he landed at southwold, and finding that charles was at woodstock he made his way at once to that place. the interview took place september . in accordance with his instructions the ambassador expressed their high mightinesses astonishment that an armada should have appeared in the midst 'of the poor fishers and herring-catchers of these lands', and had seized one of the captains of the guard-ships and caused such terror among the fisher-folk that the larger part of them had fled and dared no longer pursue their avocation. his majesty was courteously requested to withdraw his demand for a licence and to allow the fishers to ply their trade as heretofore, and it was proposed that a conference should be held to consider the fishery question in its entirety. joachimi did not neglect the opportunity of pointing out how closely the questions of the fisheries and of the palatinate hung together. charles was unmoved by these representations, and finally, september , declined the proposal of a conference. 'there could be no debating', he said, 'about his majesty's rights already confirmed publickly before all the world'. the recognition of his rights was a condition which must precede negotiation. after discussion with van beveren, seeing that the situation was serious, joachimi determined to return to the hague. his start was, however, delayed by various causes, and he did not make his appearance before the states-general until november . meanwhile the aspect of affairs had not improved. admiral van dorp, who had in the middle of august convoyed joachimi to england, also had his instructions. he was first to sail with his fleet to the fishing grounds to prevent any injury being done to the fishermen. this accomplished, he was to blockade dunkirk, and to destroy any privateers or spanish ships cruising in the channel. his orders were strict, that he was not to allow his ships to be visited or searched, and during his blockade of dunkirk he was to keep a watchful eye upon the fisheries of the land and to protect them against the spaniards or any others who should wish to molest them. these instructions were in fact a direct reply and challenge to the proclamation of king charles. the dutch herring fleet having recovered from their alarm had ventured out, as was their custom, about the middle of september, to the english coasts for a second catch of fish. the earl of northumberland had been charged with the collection of the toll from them. he had, however, at this time but three ships with him, and learning that a dutch squadron of sixteen sail was near at hand he promptly sent for reinforcements. in response, twelve vessels were dispatched from the thames, october . actual hostilities, however, did not take place. one large detachment of 'busses', not having a sufficient convoy, was made to pay, the rest were left unmolested. the english commander finding himself in the presence of thirteen dutch war-ships did not venture to attack them. both sides showed in fact more caution than aggressiveness. the authorities in holland, however, did not approve van dorp's attitude and conduct, and he was requested to resign his command. the course of events was fortunately to relieve a strain that was rapidly approaching the breaking point. charles's negotiations with the emperor had led to no satisfactory result. it was at last made clear to him that by this means there was no hope of obtaining a restoration of the palatinate. van beveren seized the opportunity of placing himself in communication with charles lewis, at this time residing in london, with the hope of securing through his aid a better understanding between england and the states. charles lewis was only too willing in his own interests to act as intermediatory, and his influence with his uncle was great. his mother, the queen of bohemia, was at this time writing pressing letters to her brother begging for his active intervention, and it was urged upon king charles that the assistance of the dutch army and navy would be far more valuable to him than any sum of money that could be extracted in the shape of toll from the fisher fleet. on the point of the toll the king showed himself not unwilling to yield, but not one inch would he concede of his claims to the undisputed sovereignty of the sea. if he withdrew his proclamation and allowed the dutch, as heretofore, freedom of fishing without licence, it would be in compensation for services rendered in the cause of the palatinate, not as a right based upon ancient treaties and long usage. the dutch, on the other hand, were keenly alive to all that was involved in any admission of such a dominion of the sea as that claimed by the english king, and were determined not to grant it. on charles's side, however, financial difficulties at this time rendered any straightforward course impracticable. the king had not the means to fit out an expedition for the help of his nephew, and he hovered hither and thither between divergent policies in the vain hope that without recourse to a parliament he could find some way of furthering the cause of charles lewis, without involving himself in an outlay that he was unable to meet. scheme after scheme floated before his mind, all of them equally visionary when confronted with the stern realities of impecuniousness. from ferdinand and philip he turned to richelieu. the french armies were advancing in lorraine and elsass, and were co-operating with the dutch in the netherlands, and with the swedes and their protestant allies in germany. for awhile it appeared as if richelieu were inclined to an english alliance. in february and march, , a treaty was indeed actually drawn up. it is strongly suspected, however, that the cardinal was never in real earnest, and only wished to amuse the english king with negotiations, and thus at any rate keep him back from purchasing spain's goodwill on the rhine by an offer to take part in a joint naval attack upon the united provinces. charles was quite aware of the solidarity of the bond which united france and the states, and that a french alliance implied friendly relations with the dutch. on february therefore he sent the secretary of state, coke, to van beveren, who was still in london, to reopen direct negotiations. it was now proposed that there should be a combined anglo-dutch naval expedition in which a french squadron should be invited to participate, which, after driving the spanish fleets from the sea, should effect a landing in the peninsula and dictate terms to philip iv. meanwhile the king expressed his willingness to allow the dutch fishermen to pursue their industry along the coasts of his kingdoms freely and without hindrance. during the following season the english fleet would blockade the flemish ports, but would not appear on the fishing grounds nor make any demands for licences. but with this latter concession the states were not satisfied. such an act of toleration implied that charles maintained to the full his claim to the undisputed sovereignty of the sea. he would not during the time of the allied operations press his rights to issue licences and exact toll, he only waived them as a favour. further than this he could not go. on the question of the _dominium maris_, despite the earnest entreaties of charles lewis, he refused any compromise. but on the other side there was no less obstinacy. the prince of orange himself wrote (march ) to van beveren, that he was on no account to commit himself or assent to any terms unless the proclamation concerning the fishing licences was first withdrawn. with france the negotiations for an alliance appeared to be proceeding smoothly, the treaty lay ready for signature, and on march charles sent full powers to his ambassador at paris to conclude the matter. on the rd came the news that difficulties had arisen, and that france also required that the proclamation should be withdrawn, at least during the period of the treaty. but charles, though the negotiations still dragged on, absolutely declined to discuss a question which concerned his rights and honour, and so he now once more lent a not unwilling ear to the tempting offers made to him by the spanish ambassador. spain was willing in return for an offensive and defensive alliance against the united provinces to recognize the king's sovereign rights on the seas, and to hand over at once the lower palatinate. they even went so far as to promise the surrender of certain towns in flanders as pledges for the ultimate restitution of the upper palatinate and the electoral dignity to charles lewis. it is extremely doubtful whether these proposals were serious, in any case they were not seriously entertained. the mere prospect of an anglo-spanish agreement had, however, the effect which charles probably intended it to have in making the french and dutch more conciliatory. negotiations were resumed, and the fishery question by mutual consent was relegated to the background. it was finally arranged that a conference should be held at hamburg at the end of june to settle the terms of a quadruple alliance between france, england, the united provinces, and sweden. terms of peace were to be laid before the emperor by the four powers conjointly. in case of their rejection the king of england was to declare war against austria and spain. everything now seemed to be working smoothly, and no one doubted that the conference would meet and that its issue would be favourable. the dutch fishermen had not been interfered with, and such was the confidence in the states that england had now finally thrown in her lot with the coalition against the house of austria, that instructions were sent to van beveren to return home where his presence was required. nevertheless the dutch after his recall did not show any eagerness to proceed. reflection made them doubtful about charles's bona fides. they misliked the high pretensions of the english to the sovereignty of the seas, for in his insistence on this point the king was but voicing the sentiment of his people. it was becoming a really grave issue of practical politics. with astonishment the dutch learnt that charles had even given a patent granting exclusive rights of fishing off the shores of newfoundland, and had forbidden foreigners to fish in those waters without his licence, april, . if he claimed the right to do this, where was the line to be drawn? under pressure from their french allies, charles van cracauw, the ambassador of the states in denmark, was at length appointed to represent the united provinces at the hamburg conference, but his instructions were not drawn up, and he continued to reside for some time longer in copenhagen. throughout the whole of the dutch could not be moved to take any further steps in the matter. in the letters of hugo grotius (at this time swedish resident ambassador at paris) to the chancellor axel oxenstierna many interesting references are made to the attitude of the states, and it must be remembered that grotius not only had access to the best sources of information, but had an unrivalled acquaintance with the question which was uppermost in the minds of all dutch statesmen, the freedom of the sea and of the fisheries. on june , the very day after the nomination of cracauw as delegate for the conference, grotius writes:-- 'the ambassador of the states in england informs me that the spaniards there have great power--that they wish that the restitution of the palatinate should be regarded as a certain thing; that they promise aid for the safeguarding of the possession of the sea against the dutch. would that these things were not true! the same adds that proposals were made by the spaniards that after the death of this bavarian the electoral law should be altered, conditions were even offered by the spaniard to the english, if they could be dragged into war against the dutch republic, which however i do not fear. for i see that the action of the english is principally directed to the aim of having their commerce into all nations free and to deprive others of theirs. the dutch had formed a hope that the contest about the fishery would this year be at rest; but i see that the english envoys, who are here [at paris] hold that for uncertain.' a fortnight later (june ) occurs the following passage:-- 'after i had written this there came to me the english envoy extraordinary, lord leicester.... he says, that northumberland (to whom he is nearly related) is again about to disturb the dutch in their liberty of using the sea, unless the dutch purchase it by great services to the palatine house and by declarations not injurious to english rights. i, restraining myself from a definite declaration about the controversy, have been content to demonstrate, how necessary liberty of fishing was to that republic and how necessary the republic itself to the security of all europe.[ ] [ ] _rikskansleren axel oxenstierna's skrifter och brefvexling, hugo grotii bref_, ii. - , pp. - . such being the feelings and the relations subsisting between the two countries, it can excite no astonishment that the states were exceedingly cautious before committing themselves to an alliance, which might entail further sacrifice upon them, and tie their hands in a matter of primary importance to their welfare. according to grotius, proposals were made for holding the conference at the hague instead of hamburg, in order to make sure of dutch co-operation. but they came to nothing. charles, however, in the spring of appears to have been really in earnest. again and again the english resident at the hague appeared before the states-general to urge them to send a representative to the conference. not, however, until fresh pressure had been put upon them in the name of france and sweden by the french ambassador, d'estampes, were definite orders sent to van cracauw to go to hamburg, april . even now he did not have any powers given to him to negotiate as plenipotentiary, but was required to refer all matters to the states-general for their decision. already, on march , a new treaty had been concluded between france and sweden for the joint prosecution of the war, but the quadruple alliance was never accomplished. difficulties and intrigues prevented the ratification either of the anglo-french or anglo-swedish treaties, and the states were more than half-hearted in the business. the ill success of the young elector palatine, who had taken the field in the spring of this year at the head of a force raised by the help of his uncle charles i, virtually brought the conference to an end. charles lewis's army was completely defeated at lemco on october . differences, which had been for some little time endangering the friendly relations of england and france, now came to a head.[ ] the representatives of the powers gathered at hamburg, only to disperse without result. the long drawn out negotiations gave birth to nothing but sterile discussions. the outbreak, indeed, of the troubles in scotland regarding 'laud's liturgy', and the resistance that was being offered to the collection of ship-money, effectually crippled charles's efforts on behalf of his nephew in germany. richelieu no longer saw any advantage in tying his hands by entering into an alliance which promised so little. he preferred therefore to cut himself adrift from the english connexion, and to trust to his alliances with sweden and the united provinces[ ] for pushing on the war vigorously. it was not for protestantism that he was fighting, but for the aggrandizement of france at the cost of the house of habsburg. [ ] _grotii bref_, april , , p. , 'video cum dolore inter anglos et gallos veteres recrudescere inimicitias.' [ ] _grotii bref_, april , , p. , 'haud equidem affirmaverim, quod suspicantur angli, gallicis pecuniis sustentari scoticam factionem pauperiorem ceteroqui quam ut bello diu sufficiat. creduntur autem id facere galli, non tantum ex aemulatu vetere, verum etiam quod cum batavi nunc consilia socient ad capienda flandriae oppida maritima, quod cum solus prohibere possit anglus, domestico ob id negotio distinendus sit.' this failure of his efforts to bring about, in conjunction with france, a coalition of the protestant powers for the reconquest of the palatinate and the restoration of his nephew to his electoral dignity and possessions, made charles turn his eyes once more to spain. the presence at the english court of mary de medicis and the duchess de chevreuse in gave fresh life to that party, who had always favoured a spanish alliance. the news that the spaniards were making great preparations for a determined attack upon the united provinces led the king to hope that, despite previous disappointments, he might be able to forward by friendly negotiations with spain the cause of charles lewis. the help of the english fleet could not but be serviceable to a spanish naval expedition, and possibly charles had visions of being able to attain through this means that undisputed sovereignty of the british seas which, since the publication of selden's book, he had set before himself, as we have seen, as one of the chief and unchangeable objects of his policy, and at the same time, perhaps, the pecuniary assistance he so much needed for the suppression of the scottish rebellion against his authority. with characteristic uncertainty and wavering, however, while negotiating with spain, the king did not cease his endeavours to gain french support for his nephew. the spanish preparations caused uneasiness in paris, as well as at the hague, and the english fleet was an asset not to be despised in the event of a spanish armada threatening to dominate the channel. the death of duke bernhard of saxe-weimar in july, , left the powerful force of mercenaries which he had commanded without a leader. charles wished to buy their services for the elector palatine, but he could only do this through the good offices of richelieu, who was already offering good terms to the 'bernardines' to enter the french service. a treaty between the french government and the chief officers of the 'bernardine' army was in fact on the point of being concluded, when charles lewis made his appearance at the head-quarters with a supply of english money and tried to induce the leaders to place themselves under his command, as an independent force. the result was his immediate arrest by richelieu's command, october, . he was imprisoned at vincennes for several months. this act was a final breach of good relations between france and england. meanwhile charles's approaches to spain had been equally unfortunate. the cardinal infant, ferdinand, the victor of nördlingen, had, as governor-general of the netherlands, been successful in the conduct of the war against the dutch and french in the years and . in the latter year olivares determined to dispatch a powerful spanish reinforcement by sea to the netherlands to take part in the next campaign. accordingly, early in september, a fleet left the spanish ports consisting of seventy-seven vessels, many of them of the largest size, commanded by a veteran admiral who had seen much service, antonio de oquendo. its object was to disembark at dunkirk an expeditionary force of , men. a dutch squadron had been cruising in the channel all the summer, keenly on the look-out for the spaniards, under the command of lieutenant-admiral martin harpertzoon tromp. on september he sighted the armada. he had with him at the moment only thirteen ships. but without hesitation he fiercely attacked the spaniards, and after a tremendous fight he forced oquendo to fly for refuge to the english coast. oquendo, after passing through the straits of dover, anchored under the lee of the downs, side by side with an english squadron of ten ships under vice-admiral pennington. tromp sent at once urgent messages to holland for reinforcements. with a squadron that joined him from dunkirk he lay in the offing blockading the spanish fleet in the downs. in all the harbours of holland and zeeland the greatest efforts were now made to send every available ship to sea at the earliest moment. day by day tromp's fleet increased in number. his orders were uncompromising. he was to attack the spaniards wherever he found them, as soon as he was in a position to do so with success. accordingly, on october , being now at the head of a fleet of sail with fireships, the dutch admiral, although the spaniards still lay in english waters, resolved to take the offensive. detaching thirty ships under vice-admiral de with to watch pennington, he sailed straight for the enemy's galleons as they sheltered under the cliffs between dover and deal. the contest was sharp, but decisive. under cover of a fog, oquendo himself with seven vessels made his way to dunkirk. all the rest were captured or destroyed. some , spaniards perished, about , were taken prisoners. the dutch only lost two ships and about killed and wounded. tromp had won one of the most crushing of naval victories, and had annihilated the power of spain upon the sea. this daring infringement of english neutrality could not but give deep offence to king charles, and be hurtful to the feelings of the english people. it was at once felt in the states that an explanation must be offered for the instructions given to tromp, which had been so successfully carried out. it was accordingly resolved to dispatch a special envoy to london, and francis van aerssen (now generally known as lord of sommelsdijk) was himself chosen to undertake the difficult mission. his instructions were that he should complain of the help frequently afforded to the spaniards by the english, and plead that the attack of tromp at the downs was a necessary sequel to the previous encounter from which the spanish fleet had fled to seek refuge in english waters, and that it was justified by art. of the treaty of southampton. he was further to express the readiness of the states to conclude with the king a fresh treaty of alliance. sommelsdijk found everything against him. the king was very angry at the gross affront to his honour and his sovereignty of the seas, and the most influential of his counsellors, among them strafford and laud, were strongly anti-dutch. the affair was made an excuse for pressing forward the collection of ship-money, and the spanish party continually gained strength. the queen-mother of france and madame chevreuse, who were then at the english court, did their utmost to further the cause of spain, and there was talk of cementing an alliance by the marriage of the princess royal with the heir to the spanish crown. sommelsdijk, finding he could effect no good result, asked permission to return to holland.[ ] he probably knew that charles was anxious not to break with the states, for his request brought about a change in the king's demeanour. charles requested him to remain, and showed himself more friendly. on january the ambassador, whose correspondence with frederick henry at this time is of great interest, wrote to the stadholder that he was not without some hopes now of soothing the resentment of the king by abstaining as far as possible from the irritating topic of the downs, and letting it fall into oblivion by drawing his attention to other subjects of discussion. sommelsdijk had persuasive manners, and by the exercise of patience, tact, and conciliation, he did succeed to a large extent in his aim. he was much helped in his task by another negotiation which was now set on foot. frederick henry, in this same month of january, , sent over a secret envoy, jan van der kerkhoven, lord of heenvliet, to propose a marriage between his only son and an english princess. the matter had been first suggested by marie de medicis during a visit to the hague in . the proposal was favourably received, and became the ground for a long-continued struggle between the spanish and the franco-dutch factions at court. in the meantime, gradually 'the bitterness of the pill' of the downs was 'sweetened' by marriage negotiations, and the 'scandal' of the infringement of the king's sovereignty over his own waters was, if not forgiven, at least overlooked. [ ] _archives de la maison d'orange-nassau_, nd ser., iii. , 'dès aussitôt que j'auray endormi le faict des duyns, qui est le seul object de ma commission.' the king saw in fact that it was wiser to keep silence. spain was clearly a broken reed, and the dutch had given a signal proof of their possession of a naval strength that it would be dangerous to challenge. sommelsdijk was quite content on his part to let the matter drop. on february , , he wrote to the stadholder[ ]:-- 'the scandal of the downs has been so thoroughly justified, that the greater part of the council, in the presence of the king, has sustained that we both could and were obliged to do it; so it is sufficiently lulled to sleep, seeing that up to now there has not been made any further complaint. as long as i remain i will take good care that neither on one occasion nor another shall it be revived.'[ ] [ ] _archives de la maison d'orange-nassau_, nd ser., iii. , . and two days later (february ) he wrote again:-- 'it is not our business to stir up again the affair of the downs. if we were to press for an answer, it could be none other than condemnation after so much noise and menaces; silence then must suffice us, as a kind of answer, in place of an open approval, which neither the state of the time or of men's minds permits one to hope.' sommelsdijk had judged rightly that his mission, so far as the matter of the downs was concerned, had achieved all the success that was necessary. the truth is that charles, though his pride had been so deeply hurt by the destruction of the spanish fleet in the presence of an english squadron close to the english shore, was secretly displeased with the spaniards for having, so to speak, forced his hands in the matter. it was generally assumed at the time, and the statement has frequently been made in histories since, that charles was aware of the intention of the spanish admiral to make use of the anchorage at the downs, should it be necessary for him to seek a place of refuge either from storms or hostile attacks, and that he had previously given permission for him to do so before the fleet left the spanish harbours. this was not the case. a dispatch[ ] from the secretary of state, windebank, to sir arthur hopton, the english ambassador at madrid, dated september (o.s.), that is nearly three weeks after the arrival of oquendo at the downs, is conclusive testimony to the contrary. it runs as follows:-- 'your lordship's dispatch of the / september gives account of a message delivered to you by the secretary of the council of war in the king's [philip iv] name, that he was resolved to put his great fleet to sea for the transportation of his forces to dunkirk, with intention to chastise the insolences of the french and hollanders; and thereupon desired his majesty to afford the fleet a good passage in his seas and accommodations in his harbours, with supplies of the necessary commodities, if it should happen to put into any of them. these letters though they came in extraordinary diligence, yet they arrived not until the fleet had been here in the downs some days. now that so great a force of near seventy vessels should put into any of his majesty's ports, with such numbers of men of war, without his majesty's leave at all, or so much as his knowledge until they were actually in the ports, besides the neglect and disrespect, is beyond the articles of the peace, and gives occasion enough of jealousy, and would no question be taken highly by them, had his majesty done the like within their dominions. i am sure it has cast his majesty into some difficulties and jealousies with the french and hollanders, and what prejudice it may bring upon his treaties with them is much to be apprehended. it is very true that don alonso [the spanish ambassador, de cardenas] gave some intimation when his majesty was in the north that some vessels were preparing in spain for the transportation of forces into flanders, and desired his majesty would not take apprehension at it, but that they might have a friendly reception and treatment in his ports, as occasion should be presented. but he spoke not of so great a number nor such a strength; and it was to be presumed he had meant no other than those english merchant ships that first transported the , or , soldiers, and were intercepted and visited by the hollanders.... when the fleet was come in, notwithstanding they were in distress, having been shrewdly torn and beaten by only seventeen of the holland ships in their first encounter (a shameful thing, considering the number of the spanish ships and their vastness, and their ostentation before to chastise both the french and the hollanders), they refused to do the usual duties by striking to the king's ships; insomuch as sir john pennington, our vice-admiral, was enforced to threaten to shoot them, if they did it not, and then, after some dispute and much unwillingness, it was yielded to.' [ ] _clarendon state papers_, ii. . nothing can be more clear from this whole statement of the situation than the two facts that the spaniards were not expected, and that they were unwelcome guests. why then, it may well be asked, did charles endure their presence so long in english waters, when it was known that the dutch were collecting a great fleet in the offing? or why, having endured, did he not take steps to secure his guests from attack by a plain declaration that any breach of neutrality would be treated as a declaration of war and would be resisted by the english admiral? it was because he hoped to be paid for his protection. 'it must be money that must carry the business', wrote windebank to hopton. charles in fact asked for £ , sterling, of which £ , was to be paid at once; and the cardinal infant was busily engaged in obtaining the required sum from the antwerp money-lenders, when the blow fell and there ceased to be any longer a spanish fleet to protect. as a striking instance, however, of the diplomatic double-dealing of the times, and one peculiarly characteristic of stuart policy, it may be mentioned that a dispatch of the french ambassador, bellievre, dated october , testifies to the fact that the queen was at this very time in the name of the king promising the french government that, if they would consent to the palatine prince assuming command of the late duke bernhard's army, 'le roi feroit tout ce que nous et les hollandois pourrons souhaiter en leur faveur contre la flotte d'espagne, sans néanmoins se déclarer ennemi, en sorte toutefois que les hollandois auroient lieu d'entreprendre et de faire tout ce que bon leur sembleroit.'[ ] hence the explanation of pennington's inactivity. charles was in reality far more angry that tromp had marred his prospects of striking a good bargain with one or other of the belligerents than at his venturing to infringe a neutrality which was actually in the market. he had not reckoned on the dutch being able to put so formidable a fleet to sea in so short a time, or bold enough to strike home with such tremendous energy and effect. [ ] ranke, _englische geschichte_, ii. . charles, however, should not be altogether blamed for not pursuing at this crisis of his reign a firmer and more consistent policy. scotland was in rebellion, and he had no funds to raise an army strong enough to restore order. he was face to face with seething disaffection in england. in april, , he found himself compelled, after an interval of ten years, to summon a parliament in the hopes of obtaining a grant of supplies. supplies were refused until grievances were amended, and the short parliament, as it was called, was dissolved after sitting three weeks. the long parliament was to meet in november. it is no wonder that in such circumstances the king became a pure opportunist in his conduct of foreign policy. his domestic troubles and his financial bankruptcy made it exceedingly difficult for him to steer a straightforward course. the bitter pill of the battle of the downs had to be swallowed, however disagreeable it might be. it was an accomplished fact, the results of which could not be undone save by war against france and the states, which was in absolutely impossible. his high pretensions to the sovereignty of the seas, and his claims to demand licences for the fisheries could no longer be insisted upon, his whole interest and attention henceforward were concentrated on the struggle with his own subjects and the maintenance of his sovereign rights within his own kingdoms. the proposal therefore for a marriage between the young prince william of nassau and one of the english princesses was not unwelcome. the princes of orange were not of royal rank, but they filled a position of so much dignity and influence in the united provinces, that it was felt that a union between the families might be advantageous to charles in securing to him the goodwill of the dutch in the dangers and difficulties which were thickening round his throne. william was only fifteen years of age, and at first the hand of the younger princess elizabeth was proposed, that of the princess royal being assigned to a spanish infant. but elizabeth was only five years old, the prospect of a spanish match fell through, and at last in february, , it was arranged that mary the princess royal should be the bride. the greater part of one of the volumes of the archives of the house of orange-nassau, edited by groen van prinsterer, is filled with the negotiations concerning this marriage, and the study of the endless notes and dispatches on the subject is replete with interest both for the student of the manners of the times, and because they contain many passages giving lifelike and charming touches concerning the court of charles i and henrietta maria, and their intimate domestic life. here it is not possible to treat the subject in greater detail. the proposed marriage was very popular in england, whose people saw in it the definite adhesion of the king, after many tergiversations, to the protestant cause. on may , prince william disembarked at gravesend and proceeded to london in great state to meet his _fiancée_. he was convoyed from holland by a strong squadron under the command of admiral tromp; and was accompanied by the special envoys, brederode, aerssen van sommelsdijk, heenvliet, and the resident ambassador, joachimi. in their report to the stadholder of the reception (may , ), the envoys write: 'we had to pass through so many people, it was almost impossible to reach the court, except for the good order which was kept from street to street. your highness could not imagine with what blessings and acclamations his highness was received, and we would venture to say that not for a century has a reception taken place in which great and small have testified so much joy and satisfaction.' it was to be the last glimmer of brightness in the life of charles and henrietta maria. the boy and girl, aged respectively fifteen and ten years, were married in state on may , , in the chapel at whitehall--a marriage destined to sorrow, but which was to have such important results upon the future relations of england and the united provinces. nine years later william was suddenly cut off by an attack of small-pox in the midst of a promising career. a week after his death mary gave birth to a son, who was to be famous in history as william iii, prince of orange and king of england. vi: - the marriage of the princess royal with the son of frederick henry, prince of orange, on may , , took place at an ominous time. ten days later strafford was executed. there can be little or no doubt, that the eagerness of the king and queen for the accomplishment of this union was due to the desire to secure the goodwill of the stadholder, and through him of the states, in the troublous times which they saw before them. it fulfilled two objects. it gave satisfaction to the puritan party in england as being a protestant alliance, and it was accompanied by secret assurances on the part of frederick henry of friendly support to the king in his coming conflict with his subjects. these assurances, we may well believe, were very guarded and strictly personal, for no one knew better than the stadholder the limitations of his actual power. the following passage from a letter in the hand of sommelsdijk, written march in the name of the envoys to frederick henry, puts the matter very clearly: 'we have found so much frankness and affection on the part of the king and queen for the furtherance of the marriage, that we have no fear in recommending your highness to hasten the departure of monseigneur the prince your son, as much as possible, so as to put everything in security; for their majesties have resolved to push forward without allowing themselves to be stopped by any machinations to the contrary from whatever part they come, and whatever they write to you, upon the good faith and confidence of mr. de heenvliet, remains secret without anything of it escaping either here or there, for fear lest the cognizance of it should come to the knowledge of the parliament.'[ ] [ ] _archives_, nd series, iii. . william returned to holland at the end of may alone, leaving his child-bride for awhile in her parents' home. but the grand remonstrance, the impeachment of the five members, and other events now followed in rapid succession, and soon it was seen that the issues which divided king and parliament admitted of no accommodation by peaceful means. heenvliet, who was still in england, became the trusted confidant of the distracted king and queen, and his letters to frederick henry at this time show how anxious charles was to avoid a civil war, if by any concessions that did not utterly despoil him--'le dèpouiller tout-à-fait'--he could come to terms with the parliament. in private interviews henrietta maria was urgent with heenvliet to use his good offices, and many times expressed the hope that should matters come to an extremity 'the prince would not allow the king to perish'. in reply the stadholder impressed upon their majesties not to have recourse to arms, for victory was uncertain. a reconciliation on whatever terms could not but be to the profit and advantage of the king. unfortunately such advice was already too late to be of any avail (february, ). at the beginning of march henrietta maria accompanied the princess royal to holland. her real object was to collect funds and to secure, if possible, the active assistance of the prince of orange. she was received with much distinction and magnificence, but her thoughts were not upon the shows of state. letter upon letter passed from her to the stadholder in his camp, begging him to help her in procuring supplies of money, arms, men, and munitions of war for her husband's service. she tried to borrow upon her jewels, but the jews would give her nothing without the guarantee of the prince. lords jermyn and digby hurried backwards and forwards upon her confidential missions, and she had many interviews with heenvliet, with whom she had become so intimate during his sojourn in london. what a picture of the feverish state of anxiety to which her troubles had brought the once gay and buoyant henrietta maria, is contained in a report of one of her conversations with him sent by heenvliet to the prince of orange. 'i confess that this interview has troubled me not a little. the queen did not speak to me on the subject without trembling, and she kept asking me so piteously, if there were not any hope that by any means your highness could be persuaded to assist her, that i am still troubled at it.' frederick henry did his very best to give all the help he could, both in his private and official capacity. he allowed the english officers serving in his army to return home and join the king's forces, where their services were of great value. he gave the guarantee she required for a loan upon the crown jewels, he advanced a considerable sum of money out of his private purse, and he connived at arms and ammunition being secretly bought and sent to england from dutch ports; but he was unable to promise any assistance from the states, nor indeed could he venture even to suggest it. the bulk of the dutch people in the opening stages of the civil war took the side of the parliament, more especially the hollanders. the prince's influence could still command the support of a majority in the states-general, but he, like all the stadholders of his house, had constantly to struggle with the opposition of the aristocratic burgher-regents of the towns of holland, who controlled the states of that dominant province. maurice had crushed by force in the attempt of oldenbarneveldt to claim for each province of the union independent sovereign rights, but the spirit of oldenbarneveldt survived, and the hollanders, conscious of the power of the purse that they possessed, were ready to thwart the plans and policy of the stadholders, though these were supported by the other provinces, and indeed did thwart them by raising difficulties in the way of obtaining supplies. frederick henry, during the first decade of his stadholderate, exercised a larger personal authority in the direction of the affairs of the republic than any of his predecessors or successors. but during the last years of his life, prematurely worn out by constant campaigning, he had continually to confront the bitter opposition of the town corporations of holland to that vigorous prosecution of the war that he desired. the prince of orange then was not his own master, and could not in face of the strong leanings of a large part of the population, in holland particularly, towards the parliamentary cause in the civil war give effect to his own inclination to lend the king active support in his efforts to suppress rebellion by armed force. matters came to a crisis when, at the end of august, a special envoy from the parliament, walter strickland, appeared at the hague with instructions to protest against the dispatch of warlike stores to the king from dutch ports, and the permitting of officers in the dutch service to join his army. the queen was highly indignant. the english resident ambassador, boswell, at her bidding immediately presented himself before the states-general to protest and demand that strickland should not be received or acknowledged. to the prince she wrote, september , , begging him to prevent such an affront being offered to the king, 'for assuredly', to quote her actual words, 'it would be so great, that he could never have any friendship with these states after this; and, god be thanked, he is not yet in such a state as to be despised.' but although the majority of the states-general were ready to refuse strickland any audience, they were forced by the insistance of the states of holland to make a compromise. they would not admit him to the assembly of the states-general, but they agreed to send two deputies to confer with him. the result was, again by the pressure of holland, that the states-general declared for strict neutrality, and forbade the export to either side in the civil war of arms or munitions of war. despite this prohibition, by the connivance of the stadholder, friends of the royal cause contrived to dispatch ammunition and other stores to dunkirk, and from thence to ship it to england. strickland, having heard of this, ventured to make a written complaint to the states-general of the prince's conduct. frederick henry thereupon declared that such an aspersion was an insult to his person and demanded satisfaction. the states-general, may , , declared thereupon the accusation of strickland to be false, and broke off all relations with him. henrietta maria had returned to england the previous february, never ceasing to the end her tireless efforts on her husband's behalf. before leaving she had broached the project of a second alliance between the families, that of the prince of wales with the eldest daughter of the stadholder. it was not a mere ephemeral project, for the following year a certain dr. goff, who had been chaplain to one of the english regiments in the dutch service, was sent over by the queen, with a letter in which she says 'from me you will only know that the king my lord has given me full and authentic powers to negotiate and to conclude the marriage of my son the prince of wales with mademoiselle d'orange.' with these powers dr. goff was entrusted. in his instructions were contained the onerous conditions, which must be the price paid for the honour of such a match. the states were to break with france unless the latter would consent to give armed assistance to the king, or in default of this to make peace with spain, one of the conditions of such a peace being a promise of help to charles. it is needless to say that the proposal was not acceptable, for the simple reason that frederick henry had no power to comply with the conditions, even if he had wished. the negotiations, however, went on all through , although the desperate state of the king's affairs after the battle of naseby rendered any successful issue impossible. louise of nassau became shortly afterwards the wife of the great elector. in two envoys, william boreel and jan van rheede, were sent to england to attempt to mediate between the king and the parliament. their instructions, containing fifty-seven articles, are dated october , , but they did not actually set out until january following. they had interviews with lord denbigh, sir harry mildemay, and sir william strickland, representing the parliament, and afterwards, february , an audience with the king in the hall of christ church at oxford. during the whole of the year they remained in england, and took part in the abortive negotiations of uxbridge, which came to an end february , . it became now evident to the ambassadors that they could do no further good, more especially as the parliament more and more showed a disinclination to accept foreign mediation. after farewell audiences they reached the hague again, may , , and made their report to the states-general. it was unfavourable to the attitude of the parliament. on being informed of this by their representative, strickland, who was again at the hague, the parliament requested him to appear before the states-general and offer a justification on their behalf in reply to boreel and van rheede. the states-general, by the votes of utrecht, groningen, zeeland, and overyssel against holland, gelderland, and friesland, refused him admission, while at the same time they permitted the king's resident, boswell, to appear in their assembly and address them. the parliament on this had their justification printed in english and dutch, and secretly distributed throughout the provinces. it was eagerly read, the mass of the people being in favour of what they regarded as the cause of civil and religious freedom against despotic rule, especially as there were many points of resemblance between the struggle in england and their own long drawn out struggle against spanish tyranny. this marked division of opinion in the netherlands effectually prevented any further steps being taken to interfere in english affairs during the two next years. events, however, had been moving fast during that interval. on march , , frederick henry died. at the very end of his life he had deserted the french alliance, of which he had so long been a strong advocate, and had joined his great influence to that of the province of holland in bringing about a separate peace with spain. with the increasing growth of the military strength of france, the project of a division of the spanish netherlands with that power ceased to have attractions for him. at the time of his death all the conditions of peace with spain had been practically settled, the terms being virtually those dictated by the dutch. by the treaty which was actually signed at munster, january , , spain, after eighty years of strife, was at last compelled to recognize the independence of the united provinces, and all the conquests made by frederick henry in flanders, brabant, and limburg remained in the hands of the dutch, as prizes of war. at this proud moment in commerce, in sea-borne trade, in finance, in colonial expansion and enterprise, in arts and in letters, the dutch republic had reached the zenith of its prosperity. the civil war in england had paralysed the energies of its chief rival upon the seas, and left the way clear for the united provinces to step into the very first rank of maritime powers. frederick henry was succeeded in his posts and dignities by his son. william ii, prince of orange, had only reached his twenty-second year at the time of his father's death, but he was full of talent and energy, fired with ambition, eager to emulate the great deeds of his ancestors, and, if possible, to excel them. his wife, mary of england, was still a girl. haughty in manner, and exceedingly tenacious of her royal rank, she preferred always to be styled the princess royal, rather than princess of orange. the relations between the youthful pair were, however, thoroughly sympathetic, and william was ever ready to lend a helping hand to his english relations and never made any secret of his zeal in their cause. his hospitality to them was unbounded, and his purse open. first, the duke of york made his escape from england to holland, april, , and he was followed by the prince of wales in july. as the queen of bohemia was still residing at the hague with her daughters, quite a family party were assembled at the court of william and mary. the prince of wales, who was courteously received by a deputation of the states-general, found a loyal squadron assembled at hellevoetsluys, of which he assumed command. he also raised some troops for his service in the islands of borkum and juist. there was at one time danger of a collision in dutch waters between the royal ships and a parliamentary squadron under the earl of warwick. the parliament dispatched an envoy, dr. doreslaar, a native of enkhuysen, who had settled in england and had become professor of history at cambridge, to protest against the protection and assistance accorded to the royalists. the states-general refused to grant him an audience. towards the close of the year, walter strickland was again sent to the hague, furnished with fresh credentials, to join dr. doreslaar and demand in the name of the parliament that the royal fleet should not be furnished with arms and stores in dutch harbours. he was escorted by lord warwick, with a fleet of twenty-one ships. the states-general took steps to prevent a hostile encounter between the rival fleets, but could not be moved even to give a hearing to the parliament's request. the states of holland, however, received doreslaar, and passed a resolution forbidding the royal ships and stores to remain in the harbours of that province. the news of the impending trial of charles i for high-treason caused consternation in the states, and especially in orangist circles. the prince of wales himself, who had now handed over the command of his fleet to prince rupert and was residing with his brother-in-law at the hague, appeared in person before the states-general to ask them to intercede for his father. all parties concurred in granting his request, and it was unanimously resolved that an extraordinary embassy should be sent to london, and in order to strip it of any appearance of partisanship, the chosen envoy was not an orangist, but adrian pauw, lord of heemstede, the veteran leader of the aristocratic-hollander party. with him was associated albert joachimi, who through the whole of the civil war had remained at his post, as resident ambassador in london. besides his credentials, pauw carried with him letters for fairfax, cromwell, and other parliamentary leaders. the embassy was received with courtesy feb. /jan. , , and pauw pressed for an immediate audience. it was too late. on the following day the death sentence was pronounced. the envoys now approached, sunday, feb. /jan. , fairfax, cromwell, and others privately, asking for a respite of the sentence, but failed to get any definite answer. on the monday they were granted an audience at a special sitting of the house of commons, and in the name of the states-general, pauw and joachimi read an address interceding for the king's life, and setting out the reasons for the course for which they were pleading. a general answer was given, that what they had said should be considered. in reality the decision had already been taken for the public execution of the king the next morning, tuesday, feb. /jan. . the ambassadors had their address translated from french into english, and on seeing the preparations in whitehall, again made an effort to obtain an immediate audience, but they found the way barred by troops, and knew that the object of their mission could no longer be achieved. not till february / was an official answer given to pauw and joachimi, in which, after thanking the states for their friendly intentions, the parliament declined to discuss the question of the king's execution. but at the same time an earnest desire was expressed for the establishment of a firm peace, a right understanding and good correspondence between the governments of the two countries, which had so many common interests. 'we shall', they said, 'be ever ready not only to hear but to contribute with them all good means and offices to fulfil such works as shall be necessary for the general good of christendom, as well as our own.' there can be no doubt that cromwell's influence may be seen in this friendly overture. cromwell had already given pauw an assurance in a private interview of his wish for the establishment of close relations of friendship with the dutch, and had spoken of a proposal being made for giving the netherlanders the same commercial privileges in england as the inhabitants of the country. already there was floating before his eyes that idea, which he was afterwards in a position to try and realize, of effecting such a close union between the two republics as would make them into one state. in any thought of such a thing was a mere dream. the news of the king's execution caused a wave of horror and indignation to sweep over the netherlands without distinction of class or party. the states-general decided unanimously to offer their condolences to the prince of wales and also to congratulate him on his accession. the orangists would have liked his full title to have been given to him of king of great britain and ireland, but the states of holland and zeeland, who were the most interested in trade and shipping, opposed this, as they were afraid of the resentment of the new government in england. so it was agreed that he should be addressed simply as king charles ii. to this title he had an undoubted right, as he had been proclaimed king in scotland on his father's death. the states of holland separately also sent a deputation to him for the same purpose. the number of broadsheets and pamphlets that issued from the press are a proof of how deeply moved the whole country was at the tragic death of the english king. what was most remarkable was the fact recorded by clarendon[ ] as to the change of attitude among the preachers, who had hitherto been strongly on the side of the parliament. 'the body of the clergy', he writes, 'in a latin oration delivered by the chief preacher of the hague, lamented the misfortune in terms of as much asperity, and detestation of the actors, as unworthy the name of christians, as could be expressed.' nevertheless, in order to avoid an open breach with the commonwealth, as it was now styled, joachimi was allowed to remain, as the states' resident ambassador in london. [ ] _history of the rebellion_, v. . the english council of state, on their part, determined to send over once more dr. isaac doreslaar to join strickland at the hague, with instructions to propose to the states-general the knitting together in closer relations of the common interests of the two countries. he arrived may . doreslaar was especially hateful to the royalists, who were gathered at that time in large numbers in the dutch capital, as he had taken part in the king's trial, and rumour had even designated him as the masked headsman. it was an unhappy choice, which had serious consequences. three days after his arrival, doreslaar, as he sat at table in his hotel, was attacked by five or six men, and assassinated. the assassins, their work accomplished, walked off undisturbed. the body was sent back to england, and was honoured with a public interment in westminster abbey. 'though all who were engaged in this enterprise', writes clarendon, 'went quietly away, and so out of the town, insomuch as no one of them was ever apprehended or called in question, yet they kept not their own counsel so well (believing they had done a very heroic act) but that it was generally known that they were all scottish men, and most of them servants or dependents upon the marquis of montrose.' the states of holland, as soon as news reached them of what had happened, made great efforts to track the murderers, but in vain, and joachimi was commissioned to express their horror at the act, and to try and appease the parliament. the parliament, on their side, did not feel themselves sufficiently secure to take decisive action, and strickland was instructed to approach the states-general once more with offers of friendship. but the influence of the prince of orange in the states-general was paramount, and strickland was refused an audience. on the other hand, despite strickland's protest, the scottish envoy, macdowell, sent by charles ii to announce his accession to the throne of the northern kingdom, was received by them. the english council of state were unable to regard this conduct in any other light than as a deliberate insult to them and their representative. strickland was recalled, and joachimi was informed that unless he was provided with fresh letters of credit to the republican government within a fixed time he must leave the land. strickland left holland, july , . joachimi received orders to quit london, september . all this time the states of holland had been doing their utmost to effect an accommodation. the trade interests of the province with england were so great that they were most anxious to avoid a breach with the new commonwealth. they on their own authority received strickland in a public audience, and even ventured so far as to send a commissary, gerard schaep by name, to london, january . this high-handed act of independence only had the effect, however, of stiffening the backs of the states-general. all the efforts of holland to change their attitude towards england failed. the acute differences of view in regard to this particular line of policy between the self-willed province and the stadholder were but the signs of a general estrangement; and the struggle for predominance was destined to come to a head at the very time of the return of joachimi. the prince of orange had been altogether opposed to the abandonment of the french alliance and the conclusion of a separate treaty with spain in . the peace of munster had carried into effect the policy of the states of holland, and william ii was determined, as soon as he got the reins of power firmly into his hands, to reverse it. he entered into secret negotiations with mazarin for a renewal of a french alliance against spain, with the aim of conquering and partitioning the spanish netherlands. devotedly attached to the stuart cause, it was his intention with french help to try to overthrow the english commonwealth and establish charles ii on his father's throne. his generosity to his wife's exiled relations was so great that he impoverished himself and had to raise large loans on his estates. with ambitious schemes of war and conquest filling his brain, he found himself speedily in disagreement with the merchant burghers of the province of holland. the chief interest of the hollanders was peace, which would reduce taxation and increase commerce. they had long grudged the heavy charges of the war, and the provincial states, as soon as peace was concluded, clamoured for the disbanding of a large number of the regiments, which, though they formed part of the federal army, were in the pay of the province of holland. william, as captain-general of the union, opposed this, and was supported by the states-general. into the details of this contest for supremacy it is needless to enter here. it was to a certain extent a repetition of that between maurice and oldenbarneveldt. armed with the authority of the states-general, william in the summer of , at the head of a strong body of troops, forced the states of holland to submission. in the previous year charles, on his departure for scotland, had begged the support of the states-general, and had promised in return to settle favourably the long-standing differences about amboina and pulo run in the east indies, and other questions, but owing to the opposition of holland and zeeland no active assistance was given. the states-general, however, as a mark of sympathy and goodwill, assembled in a body to bid him farewell. the royal cause had at first prospered in scotland, until september / , , when the battle of dunbar shattered charles's fair prospects. but at this very time his brother-in-law had just brought his contest with the province of holland to a triumphant issue. william ii was now in a position to bring about that active intervention of the states in alliance with france in support of the stuart cause, and for the expulsion of the spaniards from the southern netherlands, on which his heart was set. to the prince of orange therefore the eyes of the english royalist party were turned, as their chief hope in the hour when it seemed as if nothing could stem the tide of cromwell's victories. they were doomed to a terrible disappointment. william, in the very midst of secret negotiations with france, suddenly fell sick of the small-pox, and after a week's illness died, november , . he was but twenty-four, and in him charles ii lost a chivalrous and true-hearted friend. eager for fame, gifted with uncommon abilities, william, had he lived, was undoubtedly prepared to have put his far-reaching plans into execution, and to have risked much for the upholding of his kinsman's rights. his decease brought about a revolution in the united provinces. he left no one of his family to take his place. his only child was not born until a week after his death. the province of holland straightway seized the opportunity to assert that predominance in the union for which it had been striving so long. its leaders at once took steps to call an extraordinary assembly, known as the 'great gathering', to take into consideration the state of the union, of religion, and military affairs. the great gathering met at the hague, january , . the office of stadholder was abolished, in all the provinces but friesland, as were also the posts of captain-general and admiral-general of the union. the population and the wealth of holland gave henceforth to the states of that province a position of supremacy in the federation, and, as in the days of oldenbarneveldt, all the threads of administration and the conduct of foreign affairs passed during the stadholderless period into the hands of its chief functionary, the _raad-pensionaris_ or grand pensionary. this complete change in the system of government of the united provinces caused much satisfaction in london. the aristocratic burgher oligarchy, who were now in power at the hague, had no special sympathy for charles ii. indeed it was embittered against him at this time, since prince rupert's ships from their head-quarters in the scilly islands had been plundering dutch merchantmen in their passage up channel. the parliament therefore determined to send a special embassy to propose that close alliance between the two neighbouring republics, almost amounting to a political union, which cromwell had already set before him as an end to be aimed at for the mutual advantage of both states. the states-general on their side had, on the proposal of the states of holland, determined, january , , to recognize the english commonwealth as a free republic, and to receive its envoys, and joachimi again went to london to take up his old post as the resident ambassador of the states. the english ambassadors were oliver st. john and walter strickland, the latter of whom, as we have seen, had spent many years in holland without being able to obtain an audience with the states-general. the parliament were now determined that their representatives should make their state entry into the hague with a splendour befitting the envoys of so mighty a power. they were accompanied by a suite of some persons in brilliant uniforms and liveries, and travelled in twenty-five state coaches. on march , , the solemn entry took place. the ambassadors were, however, to pass through the ordeal of an unpleasant experience. as the procession made its way through the crowded streets, st. john and strickland were greeted with loud cries of 'regicides', 'executioners', 'cromwell's bastards', and other abusive epithets. no doubt there were many royalist refugees in the hague, but though these may have given the lead to the mob, there can be little question of the general hostility at this time of the masses of the people, even in holland itself, to the parliament. it is a common mistake to suppose that the orangist was the aristocratic, the republican, or so-called 'states' party, the popular party in the united provinces. the states of holland, which was the stronghold of the republican party, was entirely in the hands of the close oligarchic corporations of the chief towns of the province. in each town a few aristocratic burgher families monopolized all offices and authority, the rest of the townsmen had no votes or representation, and the country people were ignored altogether. the great influence and executive powers of the stadholders of the house of orange were therefore a check upon the domination of these burgher oligarchies, and so by them resented accordingly. on the other hand, the princes of orange were loved and respected by the people, alike for their high qualities and the great services they had rendered to the country, and there was scarcely any time when they had not the enthusiastic support of the great majority of those classes, the bulk of the population, who were excluded from any share in the government of the state. a knowledge of these facts is absolutely necessary to a right understanding of what the 'stadholderless' régime in the time of john de witt really meant. the parliamentary ambassadors were really alarmed, remembering the fate of doreslaar, at this hostile reception. neither they nor their attendants dared to venture into the streets but in parties of five or six and sword in hand; and everywhere they were followed by the cry of 'regicides'. on march , st. john and strickland presented their credentials before the 'great gathering', and in a long speech expressed the desire of the english government for the establishment of good relations of enduring friendship between the two republics. 'it is the wish of the parliament to conclude', they said, 'a closer union of the two states, which would be for both more advantageous than heretofore, since it would not be dependent upon the life and will and private interests of a single individual.' six commissioners were appointed by the assembly to discuss their proposals, and a conference was opened on april . the grounds on which the english proposed to the netherlanders that 'a more strict and intimate alliance and union bee entred into by them, whereby there may bee a more intrinsecall and mutual interest of each other, than hath hitherto beene for the good of both', were: ( ) community of religion, ( ) community of political liberty, ( ) community of interest in freedom of trade and navigation. the dutch, however, showed themselves very wary. they had no intention of giving their consent to any general propositions before informing themselves of their precise meaning. there was considerable variety of opinion in the different provinces and much indecision. on april , the commissioners were only empowered to reply, that the states were willing 'not only to renew the ancient friendship between the two nations, but also to conclude a treaty for common interests'. this response did not satisfy the english envoys, who rejoined that 'the union for common interests' they had in view 'was one closer than at any previous time'. these words required explanation, but it seemed that they could only point to an alliance so intimate and binding as to be another term for coalition. such was indeed its meaning in the minds of those who proposed it, and so the dutch interpreted it. to them, however, not unnaturally, the only idea suggested by a coalition with the english commonwealth was the loss by the smaller republic of its independence, and its practical absorption in the larger. such an idea was simply unthinkable to men who had just won the recognition of their independence after eighty years of heroic struggle. the reply of the assembly was not hurriedly given. at last, on april , it came, and was so far unsatisfactory that, while expressing their readiness for a closer union, the reservation was made that it must be one 'in which both states could better promote their interests for themselves and for the common welfare'. st. john and strickland now went a step further, and gave a hint that if an offensive and defensive confederation such as they had in mind could be accomplished, it would be accompanied by many advantageous concessions to the dutch. at this point the negotiations came to an end. the parliament did not believe that in the present temper of the dutch their proposals were likely to be received in the spirit in which they were offered, and the ambassadors were recalled. they and their attendants were constantly insulted by royalists and orangists whenever they showed themselves out of doors, and though the provincial authorities strictly forbade such outrages on pain of severe penalties, and urged the citizens to assist in the protection of the representatives of a foreign power, they effected little. some of the offenders were of high rank[ ], and they openly braved the threats of the magistracy and remained unpunished. earnest representations were now made to the english parliament on behalf of the states of holland by their agent, gerard schaep, who was still residing in london, that they would allow the envoys of the commonwealth to remain awhile longer and continue the negotiations. the parliament, however, would only consent to do this on condition that full satisfaction be made to st. john and strickland for all that they had endured, and that the attacks upon them should cease. the states of holland promised to do this. prince edward of the palatine and other prominent offenders were summoned before a court of justice, and warned; some of their servants were punished. it was a sorry piece of business. but it was an index to the real feeling of the populace that such a state of things should have been possible in a town like the hague. [ ] among them prince edward, son of the queen of bohemia. the negotiations were accordingly renewed by the presentation of fresh proposals, may , by st. john and strickland. there was now no mention of coalition, only of an offensive and defensive alliance, but there was an ominous addition: both states were required to bind themselves severally not to permit the sojourn on their soil of declared enemies of the other. this was especially directed against the adherents of the stuarts and the members of the orange and palatinate families. the great desire of the party now in power in the netherlands was the maintenance of peace. the hollanders were willing to conclude a treaty extending their trade privileges, but they were anxious not to be drawn into the war in scotland, and in face of the popular affection for the house of orange they dared not venture at the dictation of a foreign power to treat the young prince and his mother harshly. they responded therefore, after some delay, by counter proposals for the renewal of the treaty of , the _magnus intercursus_, but revised in favour of the dutch to suit present-day conditions. complete freedom of trade, navigation, and fishery without pass, toll, or other hindrances in each other's domains was what was aimed at. no mention was made of the english proposal to banish from the netherlands those who gave help to the stuart cause. with such differences of view there was of course no prospect of any agreement being reached. the english embassy accordingly left the hague, july , , and returned home. the report made to parliament created a bad impression in england, and led to all the old complaints against the dutch being raked up once more: the massacre of amboina, the seizure of pulo run and other high-handed acts in the east indies, their monopoly of the fisheries on the british coasts, their attacks on the english whalers off spitzbergen, and their attempts to drive out english trade from the baltic, from russia, and elsewhere. then on the top of this the shameful treatment to which the parliamentary envoys had been persistently exposed was angrily recalled, the refusal of the states-general for years to admit strickland to an audience, the murder of doreslaar, and lastly the insults offered to the latest embassy. all these things formed a formidable bill of indictment. as the efforts of the parliament to effect a close union between the republics for their common interest had failed, it became the clear duty of the english government to take measures to protect the national interests against unscrupulous rivals. there was no delay in taking drastic action. on october , , the famous navigation act was passed, which forbade the importation of foreign goods and products into english harbours save in english bottoms, or those of the countries from whence the goods and products came. a deadly blow was thus struck at the netherlanders, who had at that time almost a monopoly of the most important branches of sea-borne trade and were the carriers of the world. scarcely less serious was the prohibition to foreigners to fish in british waters. every infringement of this edict would be punished by the confiscation of the offending vessels. it has already been seen in previous lectures of what vital importance these fisheries were to the welfare of holland. the states-general now determined to make a serious effort to resume the negotiations which had been broken off, and jacob cats, gerard schaep, and paulus van der perre were sent on a special embassy to england. they reached london, december . their task was a difficult one. they pressed for the revocation of the navigation act and of the embargo upon fishing, and for the release of the confiscated ships, and proposed that negotiations should again be set on foot for the conclusion of a treaty based upon the _magnus intercursus_. the news at this critical moment that the dutch were fitting out new war vessels for the protection of free navigation did not tend to smooth the way to an understanding. it was regarded in england as a threat. the english now formulated their demands. these were such as they must have known would never be conceded. they required the payment of the arrears of toll due for the fishing on the british coasts, the surrender of the spice islands, the punishment of the survivors of those concerned in the amboina massacre, satisfaction for the murder of doreslaar, and the payment of the indemnities due for losses sustained by englishmen at the hands of the dutch in various parts of the world. it is clear that these demands were practically an ultimatum. the netherlanders were required to choose between coalition or humiliation, and in case neither were accepted, war. both sides were, however, averse to taking the final step, and conferences and negotiations still dragged on for some months, while strenuous preparations were at the same time being made on both sides of the channel for hostilities. it was a dangerous situation, and was made wellnigh desperate by a conflict which took place off folkestone, may , , between the dutch fleet under tromp and an english squadron under blake, through a misunderstanding about the question of striking the flag. this event excited public opinion in england to fever pitch, and made war practically inevitable. the dutch government, however, knew that they were not prepared for such a mighty conflict. the peace party in holland had insisted on the disbanding of a large part of the land forces after the death of william, and the navy had been neglected and was far from being as formidable as a few years before. in all haste therefore the experienced adrian pauw, now holding the important post of grand pensionary of holland, was sent over to london to join cats, schaep, and van perre, and endeavour even at the last moment to avoid a final breach between the two nations. his efforts proved vain, for the english would not give way in their demands for conditions too humiliating for the netherlanders to accept. the 'states' party in power had, in fact, not a free hand, even had they been inclined to preserve peace at the cost of submission to english dictation, for the orangists were delighted at the thought of trying conclusions with the hated commonwealth, and they had strong support throughout the country. the fear of a revolution compelled the states-general to refuse the only terms by which war could be avoided. the die was cast. the dutch ambassadors left england, june , and the struggle between the two maritime powers for supremacy, which had been so frequently imminent but so long delayed, at last began. appendix a. the great or herring fishery. from the nature of the land, holland and zeeland were always the home of fisher-folk. the herring fishery off the coast of great britain was from early times an industry pursued by many hollanders and zeelanders, but it was comparatively limited, until the invention of 'curing' made by willem beukelsz of biervliet in the latter part of the fourteenth century (he probably died in ) converted a perishable article of food into a commercial commodity. the method of beukelsz, which remained practically unchanged for some five centuries, without going into minute particulars, consisted in the following processes. immediately after the hauling in of the nets the guts were in a particular manner removed from the fish, which were then packed in layers in barrels with salt between the layers. in the brine or pickle that was formed they were allowed to lie some time, fresh salt being added every fortnight. at first the zeelanders were the chief herring fishers, but afterwards the towns on the zuyder zee and on the maas became the head-quarters of the industry. during the burgundian period many laws were enacted regulating the herring fisheries, but the edict[ ] of charles v, may , , which extended and codified all previous enactments, remained the permanent basis of future legislation on the subject. the chief regulations concerned the branding of the barrels, the sorting of the fish, and the date of the beginning of the fishing. this date was originally august (st. bartholomew), but was afterwards changed first to july (st. james), and finally to june (st. john the baptist). it is possible that some change in the habits of the herring shoals may have led to this considerable shifting of the date. after there were many fresh enactments made, referring particularly to matters concerning convoys and their cost, the duties levied, and many details in regard to the boats, tackle, and crews, and again a codification of all laws was carried out by a series of edicts in , , and . these edicts of and (groot placaetboek van holland en west vriesland, tom i., - , - , - , - ), continued to regulate the fisheries during the period with which these lectures deal; i.e. the first half of the seventeenth century. especial attention was given in these regulations to the branding of the barrels in which the herrings were packed. each fishing town had its official inspectors, who themselves branded the barrels with the mark of the cooper and that of the town, and no others were allowed to be used. the kind of salt for the curing was rigorously prescribed, and careful precautions taken that no other kind or damaged salt was smuggled on board. not less minute were the regulations to ensure that the quality of the fish which came to the market should be guaranteed. all fish had to be sorted. such as were caught before july (st. james), being not fully developed, had to be kept apart. such as were caught after july had to be divided according to technical categories, 'full and sweet', 'empty', 'undersized or damaged'; and the skipper was enjoined under oath to place his own mark upon each barrel and to be personally responsible for the quality assigned, and not only so, the fisherman who packed the fish in the barrel was required to place his mark upon it. the most stringent rules were laid down as the correct method of curing. in fact, everything was done to show the importance of the industry, and the necessity of securing that the market was supplied with no counterfeit article, but only with herrings prepared in dutch fashion by dutch hands. in order to keep a fast hold upon the monopoly, the fishermen were forbidden under heavy penalties to sell their fish in foreign ports. in the seventeenth century, the interests of those engaged in this profitable trade were vigilantly looked after by a body known as the 'college of the great fishery', which met at delft. the college consisted of five deputies from the towns of enkhuysen, schiedam, delft, rotterdam, and brill, and so exclusive were they that during the period with which we are concerned other towns, even such important places as amsterdam, dordrecht, and hoorn, were refused admission. one of the chief tasks of the college was to enforce the carrying out of the regulations. [ ] 'placaet ende ordonnantie op 't stuk van den haring-vaert, 't branden van de tonnen en 't soorten van den haringh.' _derde memoriael boek 's hof v. holland._ during the reigns of the two first stuarts, the dutch fishing fleet was accustomed to sail out for the scottish waters between the shetlands and cape buchan ness in the middle of june, so as to begin their fishing operations on st. john's day, june . from june to july , the fishing was wholly in the north; from july to september to the south of buchan ness, but still along the scottish coast; from september to november in the neighbourhood of yarmouth; from november to january off the mouth of the thames and the kentish coast. the fleet sailed out twice only, in june and again in the autumn, the task of conveying the barrels of fish from the fishing 'busses' to the dutch harbours being carried out by a number of light vessels called 'ventjagers.' the herring fleet was always accompanied by an armed convoy, to the upkeep of which the state contributed , florins annually. in war time a small naval squadron was also detached to keep watch and ward against the attacks of spanish cruisers and dunkirk pirates. the herring or great fishery was compulsorily closed on january . during the spring months the fishermen occupied themselves with fishing by hook on the dogger bank, for cod, soles, and other fish. this was named 'the small fishery'. b. the narrow seas. the expression 'the narrow sea', or 'the narrow seas', which so often appears in seventeenth-century diplomatic dispatches and controversial writings, is a term upon whose exact signification geographically there has been much dispute. the english kings from ancient times claimed 'sovereignty'--_dominium maris_--in the 'narrow seas' or _mare britannicum_. evidence is fairly conclusive that the term under the tudors and until the friction with the dutch arose on the questions of free fishery and the striking of the flag in the reign of james i, was confined to the channel, the narrow sea between england and france. lord salisbury, as late as , writing to sir r. winwood at the hague (winwood, _mem._ iii, p. ), speaks of 'his majesty's narrow seas between england and france, where the whole appertayneth to him in right, and hath been possessed tyme out of mind by his progenitors.' it soon, however, became the accepted interpretation of english statesmen, jurists, and writers that the 'narrow seas' meant the two seas between england and france, and england and the netherlands; thus rapin (_hist. d'angleterre_ vii, p. ), 'la domination des deux mers, c'est-à-dire, des deux bras de mer qui se trouvent entre l'angleterre et la france et entre l'allemagne et la grande-bretagne.' this extension of the term was vigorously contested by the dutch. in the peace negotiations at cologne in the dutch protested that no treaty between england and any other power 'n'ait meslé la mer britannique avec celle du septentrion' (_verbaal der amb._ / ). the english popular view of the question appears clearly in an anonymous pamphlet, _the dutch drawn to the life_, published in , just before the outbreak of the second dutch war. the writer speaks of 'the command of the narrow sea, the dutch coast and ours' (p. ); and again, referring to the action taken by king charles i in (p. ), 'when our neighbours the dutchmen minded their interest and were almost masters at sea in the northern fishing ... upon our fishmongers' complaint the king encouraged several overtures and projects concerning busses for our own coasts service, the prevention of strangers, and the improvement of the narrow seas, &c.' c. the jÜlich-cleves succession question. the death of john william (march , ), the mad duke of jülich-cleves, without issue, raised the important question of the succession to his territory, which lay astride the rhine on the eastern frontier of the united provinces. it was felt to be essential for the protection of protestant interests in germany and the netherlands that the duchies should not fall into the hands of a partisan of the house of habsburg. duke john william had four sisters, but only the claims of the descendants of the two eldest really counted. maria eleanora had married duke albert frederick of prussia. all her sons, however, had died young, but it was held that her claims had passed to the son of her daughter anna, who had married john sigismund, elector of brandenburg. this was disputed by the count palatine, philip lewis of neuburg, who had married the second sister of the deceased duke, also named anna. eventually the elector and the count palatine agreed to occupy the disputed territory jointly, and were known as 'the possessors'. the dutch recognized the title of 'the possessors', but the emperor rudolph refused to do so, and with his sanction the archduke leopold, bishop of passau, at the head of an armed force, made his way into the duchies and seized the fortress of jülich. henry iv of france, who had been meditating an expedition for the overthrow of the habsburg power, seized the opportunity for planning a great alliance with the dutch, james i of england, and the protestant princes of germany for the expulsion of the archduke and the recovering of jülich. his assassination, may , , put an end to his ambitious schemes, but though deprived of the help of a great french army, maurice of nassau, at the head of a considerable force of dutch and english troops, entered the duchies and was joined by the troops of the 'possessing' princes. on september , jülich surrendered, and archduke leopold left the territory. the troubles were not, however, yet over. the 'possessors', as perhaps might have been expected, quarrelled. john sigismund of brandenburg became a calvinist, wolfgang william of neuburg married the sister of the duke of bavaria, and announced his conversion to catholicism. in september, , maurice of nassau, with dutch troops, and spinola at the head of a spanish force, both entered the duchies, and a hostile encounter seemed inevitable. hostilities were, however, avoided, and by the treaty of xanten (november ) the two rivals agreed to a partition of the territory. d. the origin and early history of the fellowship of the merchant adventurers. the fellowship of merchant adventurers has the distinction of holding the first place, not only in england, but in western and central europe, as the pioneer of great trading corporations. the gilds of the middle ages were municipal and local institutions. the hansa league in germany was a bond, not between merchants dealing in particular wares, but between a group of towns. england in the fourteenth century had no manufactures. her only industries were cattle-breeding and agriculture; her exports were raw materials, chiefly wool. english wool was famed for its quality, and was much sought after by the cloth weavers of the netherlands, germany, and italy. the trade was almost entirely in the hands of the hansa and of italians, who sent over agents to england to buy up the wool and export it to the continent. in england itself, before a.d. , the sale of the best wool, that of the royal flocks and of the great landowners, was conducted under the royal licence by an official body or group of merchants, known as 'merchants of the staple'. a staple (_stabile emporium_) was a place set apart for the export and import of certain articles; and there were ten or a dozen english towns, known as staple towns--among them newcastle, york, norwich, westminster, and bristol--where alone the wool traffic could be carried on. also on the continent there was a staple town, which was the recognized centre of the foreign trade, having exclusive rights. no wool could legally be shipped from england to any other port. during almost the whole of the fourteenth century the staple was at bruges. the institution by philip the good, duke of burgundy, of the famous order of the golden fleece, at bruges in , had a direct reference to the english wool, which had so much contributed to the town's prosperity. by that date, however, a change had already taken place in england. flemish refugees had, during the troubled times of the arteveldes, fled across the channel, taking with them their skill in the textile industries. many of them settled at norwich, then one of the staple towns, and introduced the art of cloth-weaving. only the coarser fabrics, rough white cloths, baize, and kersey, were produced, and these were sent over to ghent, bruges, ypres, and other places, to be finished and dyed. to a monopoly of this trade the staple company, which had in removed from bruges to calais, had no claim, and the exporting of cloth fell into other hands. enterprising english traders, under the name of merchant adventurers, had already begun to visit foreign countries with their wares, the pioneers of a commerce which was one day to encircle the world. their first official recognition came from the kings of the house of lancaster. by a letter patent of henry iv, , they were granted the privilege of appointing a governor or consul to represent them in certain towns, where they traded. their consolidation into an organized society appears to have been a gradual process, and little is known of the actual steps by which the court or central governing body of the merchant adventurers came into being, but in the middle of the fifteenth century it was in existence, and at the same time antwerp became the port to which exclusively their goods were sent and from which they were distributed to other parts of the continent--in other words, their staple. at antwerp a wharf, warehouse, and dwellings were erected for their use, and extensive privileges granted to them, including a certain autonomous jurisdiction. the charter which constituted them into an organized corporation was granted by henry vi in . by this charter the fellowship obtained the monopoly of the trade in woollen goods, at least all traders who were not members of the fellowship had to pay a tax for their privilege, low at first, but which at the end of the century had risen so high as to be practically prohibitive. by this charter the right of jurisdiction at antwerp was confirmed and placed in the hands of a court consisting of a governor and twelve assistants, the governor being appointed by the king, the assistants elected by the members. shortly after the granting of this charter the activity of the adventurers at antwerp aroused the hostility of the flemish weavers, and duke philip the good was induced by their complaints to forbid in the importation of english woollen goods into his dominion. they had therefore for awhile to withdraw to utrecht. on philip's death in the interdict was removed, and antwerp again became the staple of the adventurers, and was to be their home for wellnigh two centuries. the period of the greatest prosperity of the fellowship was the sixteenth century, the period of the tudors. this prosperity was built up on the privileges and monopoly granted to them by the charter of henry vii in , which was extended in and remained in force until the reign of james i. the governing body consisted of a governor and twenty-four assistants, elected by the 'general court', as the whole assembly of members was styled. this governing body had extensive powers, legislative, executive, and judicial. their jurisdiction over the members was not confined to civil actions, but they had the power of inflicting heavy fines and even imprisonment for criminal offences. to become a member--'a free and sworn brother'--of the fellowship an apprenticeship of not less than eight years had to be served, except in the case of sons of members; and proof had to be given of english birth and parentage. a 'brother' who married a foreigner or acquired foreign property was disqualified. four times a year the ships of the fellowship gathered at london and sailed to antwerp, carrying a cargo of half-finished white cloths, kerseys, and baize. the merchants themselves had to accompany their goods, for it was prescribed 'that every one must sell his own wares'. these sales could only take place in the court-house, and only three times a week, on mondays, wednesdays, and fridays. the carrying out of these regulations and jurisdiction within the staple was entrusted to a secondary governing body or court consisting, like the head body in london, of an elected governor and assistants. the great rival of the adventurers had been the staple company and the hansa league, but both these bodies became in the sixteenth century decadent, and with the capture of calais in the staple company ceased to exist. but though the loss of calais made antwerp more than ever the centre of the english continental trade, troubles were in store for the merchant adventurers. with the accession of elizabeth disputes arose between the english and spanish governments about the interpretation of the treaty of commerce, known as the _magnus intercursus_, concluded in between henry vii and philip the fair. margaret of parma, the governor of the netherlands, took in the strong step of forbidding the entrance of english goods into the netherlands. elizabeth replied by closing the english harbours to ships from the netherlands. for about a year this state of things spelt ruin to the adventurers, but no less so to antwerp. in , accordingly, an understanding was reached, and the court once more returned to its old quarters on the scheldt. but for a brief space only. the outbreak of the revolt led to the banishment of the adventurers from the netherlands, and at the end of they left antwerp finally. shut out from the netherlands, the fellowship now tried to set up their staple further north in the region dominated by their chief rivals the hansa league. at first they found a resting-place at emden, but in they were tempted by an invitation from hamburg to set up their court in that great seaport, from whence by the elbe they had access to the german market. hamburg thus played for its own profit the part of traitor to the league, of which it was one of the foremost members. the residence at hamburg lasted ten years, but the bitter opposition of the hansa to their presence proved too strong, and by an imperial decree of rudolph ii they were in banished from german soil. the energies of the adventurers were now diverted into different channels, small factories being placed at stade, emden, and even at elbing near dantzic. a more important move was the attempt to re-enter the netherlands by the erection of a subsidiary court at middelburg in . holland and zeeland had now practically freed themselves from spanish rule, and middelburg, on the island of walcheren, was the capital of zeeland, and at that time a flourishing port. with the growth of the united provinces in power and wealth, it was clearly the best policy of the fellowship to establish its chief staple and court within the boundaries of the republic. there were many claimants, among them groningen, delft, and rotterdam. but after many negotiations, an influential deputation sent by middelburg in january, , to london, decided the choice of the english government and of the general court of the adventurers in favour of making this town their sole staple upon the continent, and the seat of their great court. many points concerning the rights and privileges to be enjoyed, together with the restrictions imposed, were the subject of much discussion before the terms of the agreement was finally settled between the town of middelburg, the states of zeeland, and the states-general on the one hand, and the english privy council and the governing body of the fellowship on the other. the principal conditions were that the adventurers should carry on their entire business within the republic at the one staple-town, and all english subjects were forbidden to bring woollen goods to any other port of the united provinces. their later history is told in the lectures that precede. the staple and court remained at middelburg from to ; at delft from to ; at rotterdam from to ; at dordrecht from to . after the close of the second english war the states-general in refused to grant the adventurers their old privileges, and the long connexion with the netherlands ceased. e. the interlopers. this name for the smugglers who, despite the exclusive rights of the merchant adventurers, carried english woollen goods to other dutch ports than the privileged staple, was derived from the dutch term _inter-_ or _entre-loopers_, i. e. 'runners-in'. during the whole time that the court and staple were at middelburg, the port of flushing, only a few miles distant on the same island of walcheren, was in english hands, being one of the so-called 'cautionary' towns, which were a pledge to queen elizabeth for the repayment of her loans, and were garrisoned by english troops. flushing was during this period a centre of smuggling, and the flushing 'interlopers' a great annoyance to the adventurers. the smuggling went on, however, with activity after the retrocession of flushing in , especially to the port of amsterdam. the powerful amsterdam merchants, who profited by the illicit trade, did their utmost to encourage the 'interlopers', and to protect them in spite of the angry protests of the adventurers, and of the corporations of the interested staple-towns. the word 'interlopers' was soon universally applied to all private traders who trespassed against the privileges of a chartered company, more especially in the east indies. f. the english and scottish regiments in the dutch service. bodies of english volunteers were to be found fighting under the prince of orange against the spaniards from the very beginning of the dutch war of independence. in a force of , men under sir humphrey gilbert landed at flushing, with the connivance of queen elizabeth, and from this time forward english troops took part in all the fiercest fighting. in there were four english regiments in the field, commanded by colonels norris, cavendish, cotton, and morgan. during the time of leicester's governor-generalship, - , the number of the english army in the netherlands amounted to , men, horse and foot. after his departure, a considerable though reduced force was left under the command of lord willoughby. in he was succeeded in this post by the famous sir francis vere, the hero of the battle of nieuport, , and of the siege of ostend, - , and many another desperate struggle. it was during the time of his command that in an arrangement was made between the states-general and queen elizabeth, by the terms of which the english troops were henceforth to enter the service of the states and receive dutch pay. the english government allowed them to be recruited in england, and they were to wear distinctive english uniforms, carry english colours, and have their own national march and beat of the drum, but were to take during their service an oath of allegiance to the states-general from whom the officers received their commissions. the number was fixed at , . sir francis vere was followed in the command by his younger brother sir horace vere, afterwards lord vere of tilbury, in . during the twelve years' truce, - , the english regiments were retained in the service of the states, and in under sir edward cecil, afterwards lord wimbledon, distinguished themselves at the siege of jülich. from the outbreak of the war again in to the peace of munster in , the english regiments took part in all the campaigns of maurice (died ) and of frederick henry, prince of orange. in the names of the four colonels were edward vere, edward cecil, charles morgan, and edward harwood. on them and the scottish brigade always fell the brunt of the fighting. they particularly distinguished themselves in the defence of bergen-op-zoom ( ), and in the capture of hertogenbosch ( ), of maestricht ( ), and of breda ( ). in , the army of frederick henry included , english troops and , scottish. at hertogenbosch, colonel sir edward vere was killed; at maestricht, colonel sir edward harwood and the earl of oxford; at breda, colonels sir charles morgan and goring were wounded. in , the names of the four colonels were craven, cromwell, herbert, and goring. after the peace of munster ( ), followed in by the death of the stadholder william ii, the republican party in the states, now predominant, resolved to reduce the number of their standing army, but the english regiments were retained until the outbreak of the war with the commonwealth, when they were all disbanded. in , however, when peace had been restored, a single regiment was recruited from the veterans, who had remained in holland, chiefly royalist refugees, and it was henceforth known as the holland regiment. the command was conferred on colonel john cromwell, a cousin of the protector, but a stanch loyalist. on the declaration of war between england and the united provinces in , the holland regiment was summoned home. it became the th regiment of foot, but still retained its old name, the holland regiment, until . in that year william iii changed its title to 'prince george of denmark's regiment', and it became the rd foot. on the death of prince george in , their style was once more altered, and this time, from the colour of their waistcoats, breeches, and stockings, they were styled 'the buffs,' a name they were to retain until our own day. they are now the east kent regiment. not less interesting, and even more prolonged, is the story of the scottish regiments in the netherlands. the first record of scottish volunteers is in . from to there were two regiments. after there were three, except during the reign of william iii, when their number was increased. the group of regiments was always known as the scots brigade, and it was continuously in the dutch service receiving dutch pay for more than two centuries, except the decade - , when, under the dutch king of great britain, they received british pay. even during the anglo-dutch wars of , , and they were not disbanded, but were converted for the time into dutch regiments, and in consequence of this their composition during this period became considerably leavened with an admixture of foreigners. of the scots who remained, it must always be remembered that a number of them had been settled in the netherlands for two or three generations. after their thoroughly scottish character was restored. from that date until the scots brigade remained in holland. but when great britain declared war against the united provinces in that year, the question of the position of the scottish regiments was raised, and the states-general resolved that they should be completely denationalized and the officers be required to take an oath abjuring allegiance to their own country. the large majority at once threw up their commissions, and the scots brigade in the dutch service ceased to exist. the subsequent history is curious. in the scots brigade was by order of the british government reformed. in its strength was reduced, and the 'brigade' became the th regiment. until the th wore highland dress, but this was then discontinued. the regiment, however, retained the green facings which they had inherited from one of the dutch regiments. disbanded in , but reconstituted in , the facings remained green, and a diced band round the shako still proclaimed the scottish connexion. its last service as the th was in the boer war of , when a part of the regiment when on march in time of peace was suddenly attacked at bronker's spruit, and had heavy losses. the army reorganization of led to the th becoming the battalion linked to the th, an irish regiment, probably for no other reason than the green facing. the glorious scottish tradition therefore of three centuries was henceforth lost, and the regiment which represented the scots brigade became the nd battalion of the connaught rangers, with its head-quarters at galway. g. king charles's proclamation for the restraint of fishing upon his maiesties seas and coasts without licence ( ). whereas our father of blessed memory king james did in the seuenth yeere of his reigne of great brittaine, set forth a proclamation touching fishing; whereby for the many important reasons therein expressed, all persons of what nation or quality soeuer (being not his naturall borne subjects) were restrained from fishing vpon any the coasts and seas of great brittaine, ireland and the rest of the isles adjacent, where most vsually heretofore fishing had been, vntill they had orderly demanded, and obtained licences from our said father or his commissioners in that behalfe, vpon paine of such chastisement as should be fit to be inflicted vpon such wilfull offenders: since which time, albeit neither our said father, nor our selfe haue made any considerable execution of the said proclamation, but haue with much patience expected a voluntary conformity of our neighbours and allies to so iust and reasonable prohibitions and directions as are contained in the same. and now finding by experience, that all the inconueniences which occasioned that proclamation, are rather increased than abated: we being very sensible of the premisses, and well knowing how farre we are obliged in honour to maintaine the rights of our crowne, especially of so great consequence, haue thought it necessary, by the aduice of our priuie councell, to renew the aforesaid restraint of fishing vpon our aforesaid coasts and seas, without licence first obtained from us, and by these presents to make publique declaration, that our resolution is (at times conuenient) to keepe such a competent strength of shipping vpon our seas, as may (by god's blessing) be sufficient, both to hinder such further encroachments vpon our regalities, and assist and protect those our good friends and allies, who shall henceforth, by vertue of our licences (to be first obtained) endeauour to take the benefit of fishing vpon our coasts and seas, in the places accustomed. * * * * * giuen at our palace of westminster the tenth day of may, in the twelfth yeere of our reigne of england, scotland, france, and ireland. god saue the king. bibliography printed books and pamphlets aitzema, l. saken van staet en oorlogh in en omtrent de vereenigte nederlanden, - . vols. fol., the hague, - . albÈri, e. relazioni degli ambasciatori veneti. ser. iv, inghilterra. florence, - . beaujon, a. overzicht der geschiedenis van de nederlandsche zeevisscherijen. leiden, . birdwood, sir g., and foster, w. the first letter-book of the east india company, - . london, . blok, p. j. geschiedenis der nederlandsche volk. vol. iv, groningen, . borough, sir john. the soveraignty of the british seas (written ). london, . brugmans, h. engeland en de nederlanden in de eerste jaren van elizabeth's regeering, - . groningen, . carleton, sir dudley. letters from and to during his embassy in holland, - , and state letters during his embassy, . london, . ---- lettres, mémoires et négotiations dans le temps de son ambassade en hollande, - . vols., the hague, . clarendon, edward, earl of. state papers collected by. vols., oxford, - . ---- history of the rebellion. vols., oxford, . commelin, iz. begin en voortgangh van de vereen-geoct: oost-indische compagnie. vols., amsterdam, . digges, sir d. defence of trade. london, . dutch, the. drawn to the life. london, . ferguson, james. scots brigade in holland. vols., edinburgh, . fortescue, j. w. history of the british army. vol. i, london, . fruin, r. verspreide geschriften. vols., the hague, . ---- tien jaren uit den tachtigjarigen oorlog. the hague, . gardiner, s. r. history of england from the accession of james i to the outbreak of the civil war, - . vols., london, - . ---- letters and papers relating to the first dutch war. published for the navy records society, . geddes, j. the administration of john de witt, - . london, . gentleman, tobias. england's way to win wealth, pp. - , vol. iii, harleian misc. (see below). graviÈre, j. de la. les anglais et les hollandais dans les mers polaires et dans la mer des indes. paris, . groen v. prinsterer, g. archives ou correspondance de la maison d'orange-nassau, nd series. vols., utrecht, - . grotius, hugo. mare liberum. leiden, . harleian miscellany. vols., london, . jonge, j. c. de. geschiedenis van het nederlandsche zeewesen. vols., the hague, - . jonge, j. k. j. de. de opkomst van het nederl. gezag in oost-indie. vols., the hague, - . j. r. the trades increase. pp. - , vol. iv, harleian misc. (see above). knight, h. r. historical records of the buffs, rd. foot, formerly designated the holland regiment. london, . kronick van het historisch genootschap te utrecht, . brieven van de gezanten in engeland joachimi, boreel en j. v. rheede, - . lingelback, w. e. the merchant adventurers of england, their laws and ordinances. philadelphia, . lintum, c. e. de merchant adventurers in de nederlanden. the hague, . luzac, e. hollands rijkdom, behoudende den oorsprong van den koophandel en de magt van dezen staat. vols., leiden, . macpherson, d. annals of commerce. vols., london, . ---- history of the european commerce with india. london, . mitzukuri, g. englisch-niederländische unionsbestrebungen im zeitalter cromwells. tübingen, . muller fz, s. geschiedenis der noordsche compagnie. utrecht, . ---- mare clausum, bijdrage tot de geschiedenis der rivaliteit van engeland en nederland in de ^e eeuw. amsterdam, . oppenheim, m. history of the administration of the royal navy and of merchant shipping in relation to the navy, - . london, . overbury, sir t. observations in his travels. vol. viii, harleian misc. raleigh, sir w. works. vols., oxford, . ---- observations touching trade and commerce with the hollanders. pp. - . vol. viii. ---- a discourse of the invention of ships, &c., pp. - . vol. viii. ranke, l. von. a history of england, principally in the th century (eng. tr.). vols., oxford, . rees, o. van. geschied. der stadhuiskunde in nederland tot het einde der ^e eeuw. vols., utrecht, . selden, john. mare clausum seu de dominio maris. libri duo, london, . tideman, m. c. de zee betwist. geschiedenis der onderhandelingen over der zeeheerschappij tusschen de engelsche republiek en de vereenigte provincien voor den eersten zee-oorlog. dordrecht, . thurloe, john. a collection of the state papers of. vols., london, . vreede, g. w. inleiding tot eene geschiedenis der nederlandsche diplomatie. vols., utrecht, - . ---- nederland en cromwell. utrecht, . wagenaar, j. vaderlandsche historie. vols., amsterdam, . welwod, d. abridgement of all sea-lawes. london, . welwood, j. memoirs of the most material transactions of england for the years preceding the revolution of . london, . whitelocke, b. memorials. vols., oxford, . winwood, sir r. memorials of affairs of state in the reigns of queen elizabeth and king james i. vols., london, . zorgdrager, d. bloeijende opkomst der aloude en hedendaagsche groenlandsche visscherij. the hague, . http://www.archive.org/details/niagaraaborigina portuoft niagara an aboriginal center of trade by peter a. porter niagara falls copyright, peter a. porter, . niagara, an aboriginal center of trade the printed story of niagara dates back only three centuries; and during the first three decades of even that period the references to this wonderful handiwork of nature--which was located in a then unexplored region of a new world, a continent then inhabited only by warring tribes of superstitious savages--are few and far between. three facts relating to this locality--and three only--seem to be proven as ante-dating the commencement of that printed story. that its "portage" had long been in use. that it was then, and long had been, a spot for the annual assemblage of the indians "for trade." that here, and here only, was found a certain substance which the aborigines had long regarded as a cure for many human ills. before , everything else that we think we know, and like to quote about niagara, is only indian myth or tradition; possibly handed down for ages, orally, from generation to generation, amongst the aborigines; or, quite as probable, it is the invention of some indian or white man mythologist of recent times; the presumption in favor of the latter being strengthened, when no mention of the legend, not even the slightest reference thereto, is to be found in any of the writings of any of the authors, who (either through personal visits to the tribes living comparatively near to the cataract, or from narrations told to them by indians living elsewhere on this continent) had learnt their facts at first hand, and had then duly recorded them,--until long after the beginning of the eighteenth century. it is probably to the latter class--modern traditions--even with all their plausibilities, based upon the superstitious and stoical nature of the aborigines--that several of the best-known legends concerning niagara belong. three of those legends, especially, appeal to the imagination. one relates to worship, one to healing, one to burial,--embracing the deity, disease, and death. the legend of worship is the inhuman yet fascinating one that the onguiaahras (one of the earliest-known orthographies of the word niagara), who were a branch of the neutrals, and dwelt in the immediate vicinity of the great fall--and, according to indian custom, took their name from the chief physical feature of their territory--long followed the custom of annually sacrificing to the great spirit "the fairest maiden of the tribe"; sending her, alive, over the falls in a white canoe (which was decked with fruits and flowers, and steered by her own hand) as a special offering to the deity for tribal favor, and for protection against its more numerous and more powerful foes. and that, at the time of this annual sacrifice, the tribes from far and near assembled at niagara, there to worship the great spirit. if this legend is based on fact, it would certainly have made the locality a famous place of annual rendezvous; and at such a rendezvous the opportunities for the exchange of many and varied commodities--"trade"--would surely not have been neglected. the legend of healing is, that anyone, brave or squaw, if ill, would quickly be restored to perfect health could they but reach the base of the falls, go in behind the sheet of falling waters,--entering, as it were, the abode of the great spirit,--and, on emerging therefrom, be able to behold a complete circular rainbow--which should symbolize the deity's absolute promise of restoration to perfect health. [illustration: the maiden sacrifice.] of course, it was the difficulty and danger of descending into the gorge, and of scaling the face of the cliff in returning--accomplishable in those days only by means of vines which clung to the rocks, or by crude ladders (formed of long trunks of trees, from which all branches had been lopped off about a foot from the trunk, and set upright, close to the face of the cliff)--that lends any plausibility to the legend. the legend of burial was, that goat island was specially reserved as a burying-ground for famous chiefs and noted warriors. if this legend was founded on fact, it certainly would have made niagara at that time one of the best known and most frequented spots on the continent; and at each visit for such burial, trade would doubtless have been carried on. circular rainbows it is possible to-day, as it most certainly was in those traditional days, to behold a complete circular rainbow at niagara; generally, only when one is out in front of the falling waters, close to the spray, near the level of the river in the gorge; always with the sun at one's back--and the sun must shine brightly, and the mist must be plentiful. it is possible to see a complete circular rainbow anywhere, on land or water, whenever one stands between the sun and a sufficiently abundant mist (standing close to the latter), and the sun is near the horizon. it is possible to see it, at some point at niagara, often,--that is on every bright day,--because that abundant curtain of mist is ever present; and the gorge, by reason of its great width and depth, affords specially favorable opportunities. this curious phenomenon is obtainable easily and regularly only in the gorge at the goat island end of the american fall, from the rocks in front of the cave of the winds (for the prevailing winds of the locality are from the southwest, which bring the spray cloud into the best relative position at this point), or from the deck of the steamboat, at certain parts of the trip,--and from both only in the afternoon. it can sometimes be seen from prospect point, and from the terrapin rocks--in the early morning, when the spray-cloud rises towards the north. it can also, sometimes (at the season when the sun sets farthest to the northward), be seen from the rocks out in front of the american fall, below prospect point. this was the spot where the aborigines would most easily have tested the efficacy of the legend; for their descent into the gorge was made at a point on the american shore, not so very far north from the end of that fall. when white men first settled near the cataract, in the first decade of the th century, the location of the "indian ladder" was amongst the present overflows from the mills of the lower milling district. that, by reason of the "debris slope" of the gorge being highest at that point, had doubtless been its location for ages. the fact that, even at the most accessible (and that by no means easily reached) end of the fall in the gorge, the entire conditions of the legend could so rarely be fully complied with, would have been to the unscientific minds of the savages only an additional incentive to a firmer belief in it. it is also observable from the rocks beyond and below terrapin point, on the goat island side of the horse-shoe fall; but the climb out to that point is both arduous and dangerous, and is very rarely attempted. no such phenomenon can be seen from the canadian shore, because there are no rocks out in front of that end of the horse-shoe fall on which one can stand. were one to stand upon the apex of the rock of ages, or on the apex of any other high rock at the base of the fall, at noon, when the sky was clear above, and the currents of air happened to surround the base of that rock on all sides with spray, as one turned completely around one would be in the center of a complete circular rainbow--which would be below the level of the feet--and of which one would see but the half at any portion of the turn. at niagara, when one gazes on a complete circular bow, as seen against the perpendicular curtain of spray, the center of the circle will always be lower than the point where one is standing. this is necessarily so, from the very nature of things,--because the sun, one's head, and the center of that circle must be in a line. when the point of observation is high enough, and the spray-cloud spreads out extensively enough, it is possible to see two concentric, complete rainbows at one time. in fact, one does often see a portion of the arc of such a second bow; but three complete concentric bows, or three arcs of bows, are never seen at niagara, nor anywhere else. george william curtis, in "lotus eating," records,-- "there [at the cave of the winds], at sunset, and there only, you may see three circular rainbows, one within another,"-- he does not say, "complete circles"; he doubtless meant "arcs." he does not say he saw them; so in the absence of a more definite statement, it was certainly merely hearsay to which he referred. john r. barlow, who has been a guide at the cave of the winds for over thirty years, says that on numerous occasions during that period he has seen two complete circular rainbows at one time, at that point. he observed it twice, and only twice, in . in , professor tyndall, with barlow as his guide, made an exhaustive study of the goat island ends of the american and horse-shoe falls. as he was gazing at a complete rainbow circle, barlow told him that he had sometimes seen two complete concentric bows at one time. "that is possible," replied tyndall. "and i have heard people say they have seen three such bows; though i myself have never seen the third," said barlow. "because it is an impossibility," answered tyndall. "the second bow is merely the reflexion of the first. a third bow would be a shadow of a shadow; and no one can see that." had this legend of healing been found recorded in any of the early chronicles, it would have been the earliest known reference to niagara in its relation to medicine; and would have associated the cataract therewith long, long before the advent of the white man. but, alas! it is not so found; and no trace of it can be met with, until a very recent date. it has so much the appearance of a made-to-order story, such a specially-prepared-to-fit-the-locality aspect, it savors so strongly of an attempt to make the early indian mythology conform to the christian story of the "bow of promise," that its aboriginal authenticity may well be doubted. first white visitor we do not know, and we never shall know, the name of the first white man who gazed upon the cataract of niagara; that marvelous spot, the scenic wonder of the world, that glory of nature, which has been referred to as "the emblem of god's majesty on earth,"--where, in the words of father hennepin, in ,-- "betwixt the lakes erie and ontario, is a great and prodigious cadence of water, which falls down after a surprising and astonishing manner; insomuch that the universe itself does not afford its parallel." which description, even to-day, two centuries later, stands out as the most impressive, as well as the quaintest, brief mention of niagara that was ever penned. and father hennepin also gave to the world, in the same volume, the first known picture of niagara. it was unquestionably a frenchman who first, through pale-face eyes, saw the great cataract; and it was later than , the year when the ancient city of quebec was founded, and white men first settled in the northern part of this continent. possibly, though improbably, he may have been one of those holy men, priests of the catholic church, who devoted their learning, their strength, and their years to the cause of their maker; who daily risked their lives, as alone they braved the hardships and the sufferings of long journeys through pathless forests, and who encountered the fury of unknown savages, as they carried the gospel to tribes who dwelt along the shores of mighty waters, in a vast and an unexplored wilderness; and tried, though in vain, to lead those strange peoples to the ways of god. [illustration: first picture of niagara, by father hennepin-- .] it is more likely to have been one of those fearless and hardy men, one of the earliest members of what later became a distinct class--the coureurs de bois, or woodsmen--a class founded by champlain; on a correct principle for commercial intercourse and the extension of sovereignty, under conditions as they then and there existed (but probably without any full appreciation of the important and prominent part it was destined, later, to play in the development of new france); when, in , he gave a young frenchman, etienne brule, to the algonquin chief iroquet; who, in appreciation of champlain's confidence, gave him a young savage named savignon, as a pledge of future friendship. brule was the first frenchman known to have joined the savages, to become one of them, and adopt their manner of life. he spent years amongst them, was a woodsman or trader, learnt their languages, was champlain's personal interpreter among the various tribes, and was often sent as ambassador from the french at quebec to savage nations. beloved and trusted by the indians for years, traveling all over the northwest, claiming to have discovered lake superior, and a copper mine on its shores (in proof of which he brought back samples of that metal to quebec), he was finally tortured, put to death, and eaten by the savages. by reason of his acquaintance with many tribes, of his occupation, and of his travels, there is no one who is more likely to be entitled to the distinction of having been the first of the white man's race to behold niagara than this same etienne brule. from his intimacy with champlain, he must have known--what champlain knew and had recorded--of the existence of such a waterfall; indeed, it is by no means improbable that many of the details of champlain's maps (especially those relating to regions which champlain never saw, but which brule did visit) were drawn from the latter's descriptions. from his intimacy with iroquet--brule spent the better part of eight years in his country and in that of his allies; being the territory lying to the north of lake ontario--he must have known what iroquet knew of the location of such a waterfall (which was only about miles from the center of his territory, and a journey of that distance was of small moment to the indians of those days); and when iroquet went to it as a "trading place," brule doubtless accompanied him. it must also be remembered that it was this same chief, iroquet, who later confirmed to father daillon the renown of "the great river of the neutrals"--that is the niagara--as a center of trade; whose location he knew well, but refused to divulge to the priest. knowing of such a wonderful waterfall's existence, and its general location; being a "trader," and niagara being even then a well-known center of trade, the probabilities are that brule visited it at a very early date. a trading place but, while white men were no doubt at niagara early in the th century--possibly as early as --and while we know that traders and priests were in its immediate vicinity at various times prior to ; and while we have good reason to believe, that in that latter year lasalle himself explored the whole of the niagara frontier; yet it is not until that we have any positive record of any visit, nor any description of the cataract by a man who claimed to have actually seen it. father hennepin's first work, "louisiana," published in , tells of that first recorded visit, and gives the first description of niagara by an eye-witness. at the time when that first unnamed white man saw the cataract the indians had, and firmly believed in, at least one positive tradition regarding it; one which had long been believed in by the tribes far and near, and which had long been turned to good account in trade by former generations of indians who dwelt at niagara; and which was believed in and maintained for many a year afterwards. it was a tradition which had long caused the vicinity of the cataract to be known far and wide as, and to be, a great center of trade; because it related to a highly-prized commodity which was found and primarily procurable only at this spot. the first printed direct mention of niagara referred to its famous portage. the two next references to it were indirect and poetic, and, in so far as geographical location, certainly exemplified a poet's license. the second printed allusion to it,--an indirect one, as noted later,--was in regard to trade. champlain was on the lower st. lawrence river when, in , he first heard of the niagara portage; father daillon was within a hundred miles of the cataract when, in , he first heard of niagara as a "trading place." when white men first became really acquainted with the indians, years ago, the various tribes had, and no doubt had long had, certain "trading places" where they annually met for barter. at that time, the hurons and algonquins had such a meeting place on the upper ottawa river. it was at such a trade gathering at lake saint peter, that iroquet, in , received brule as a gift. father sagard, who in was a missionary among them at lake nipissing, has stated that the hurons used each summer to travel for five or six weeks southerly, in order to meet the tribes which had goods they wanted; and that they brought back those articles both for their own use and for sale to other tribes. from the direction stated, and from other deductions, it is probable that that annual summer journey of the hurons "for trade" had niagara as its objective point. that the indians traded among themselves is unquestioned. when cartier, in , ascended the st. lawrence river, the indians of hochelaga were smoking tobacco which had been grown in the sunny south lands. the muskegons, around james bay, traded their furs with their southern neighbors for birch bark, out of which to make their canoes. axes and arrow heads of obsidian--a stone found on the lower mississippi--were in use among the tribes to the north of quebec. the indian "trade" was not all done haphazard. the most of it was done at gatherings held at regularly agreed upon times and places. and in the selection of localities, niagara must have been a favored meeting place. that there, and there only, were found those "erie stones," a much-sought-for article, was an important reason for its selection as such; its central location and its accessibility from all points were other reasons. no tribe which feared the fierce iroquois--and that embraced almost every known tribe--would have dared to go to a "trading place," when in order to reach it they had to cross the country of the iroquois. but they could get to niagara from all sides without touching that iroquois territory. there they could meet and barter with tribes otherwise almost impossible for them to reach. the tribes of the southeast, and those of the northeast, could there meet in safety. again, it was in the country of the neutrals, whose territory lay between that of the iroquois and the hurons. and indian law decreed--and it was observed--that in the cabins of the neutrals even those bitter foes, iroquois and hurons, met in peace. champlain was certainly the first white man to mention the falls of niagara in literature; brule was probably niagara's first white visitor; and equally probable, he was the first white man ever to "trade" there. one would like well to know the particulars of that "trade"--what he got and what he gave. early references champlain and brule are two names of surpassing interest in their relation to niagara. the first unquestionably heads the long list of authors who have ever written about our waterfall; the other probably heads the infinitely longer list--comprising many millions--of those pale-faces who have ever visited our cataract. [illustration: peter kalm's view of niagara-- .] that first reference to niagara in all literature is found in that of france, in , when samuel de champlain, the subsequent founder of quebec, the first governor-general of new france,--and still the most picturesque figure in all canadian history,--narrated, in his now excessively rare pamphlet, "des sauvages" (of which only about half-a-dozen copies are known to exist), what the indians on the st. lawrence river told him about this waterfall (for he himself never saw niagara), in these words: "then they come to a lake [ontario] some eighty leagues long, with a great many islands [the thousand islands], the water at its extremity being fresh and the winter mild. at the end of this lake they pass a fall [niagara] somewhat high, where there is quite a little water which falls down. there they carry their canoes overland for about a quarter of a league, in order to pass the fall; afterwards entering another lake [erie] some sixty leagues long and containing very good water." in the same volume champlain records that another savage told him,-- "that the water at the western end of the lake [ontario] was perfectly salt; that there was a fall about a league wide, where a very large mass of water falls into said lake." it was not the wonders nor the beauty of the cataract that impressed itself upon the minds of those savages, and that led them to furnish to champlain--and so to the white man's world--the very first knowledge of the existence of niagara. no! what most impressed the cataract upon the minds of those aborigines was the fact that at this point, the falls themselves, together with the rapids for a short distance above them, and for a long distance below them, were an insuperable obstacle to water--that is, canoe--navigation; that here they were obliged to make a long "portage." it was the only break in an otherwise uninterrupted water travel of hundreds of miles; which, going westward, extended from a point on the st. lawrence, many miles east of the outlet of lake ontario, clear to the farthest end of lake superior; and which, coming eastward, extended nearly , miles, from where the city of duluth now stands even until it reached the bitter waters of the atlantic ocean in the gulf of the st. lawrence. in the same volume, "des sauvages," appeared a poem by one "la franchise," addressed to champlain, in which mention is made of the "saults mocosans" or mocosan falls, "which shock the eyes of those who dare to look upon that unparalleled downpour." mocosa was the name of that territory vaguely called virginia, and which seems to have embraced everything from new york to florida, extending indefinitely to the west and northwest. the allusion is generally considered to refer to niagara; thus making niagara's appearance in poetry cotemporaneous with its appearance in prose. in , lescarbot published his "histoire de la nouvelle france," wherein he quotes extensively (including the references to niagara) from champlain; the work being reissued in several editions in subsequent years. and in , lescarbot, who was a great admirer of champlain (he may himself have been "la franchise"), produced a poem, wherein he speaks of the "great falls" which the indians encounter in going up the st. lawrence, from below the present site of montreal, "jusqu'au voisinage de la virginia"; which, under the above-noted boundaries of virginia, has been stretched in imagination to include niagara, but more likely meant the rapids of the st. lawrence. champlain, in the map which he made in , notes a "waterfall," but places it at the lake ontario end of the river; still it is clearly meant for niagara. early references to this niagara region--which up to about the middle of the th century was owned and occupied by the neuters, and after that time by their conquerors and annihilators, the senecas--are to be found in that wonderful series of reports made by the catholic missionaries in canada to their superiors in france, during a large part of the th century, and known as the "jesuit relations." from them we learn that father daillon was among the neutrals, and "on the iroquois frontier" (which was east of the niagara river, somewhere about midway between that and the genesee river), in . in a letter, dated at tonachin, a huron village, th july, , father daillon told of his visit to the neuters the year before. in it he wrote: "i have always seen them constant in their resolution to go with at least four canoes to the trade, if i would guide them, the whole difficulty being that we did not know the way. yroquet, an indian known in those countries, who had come there with twenty of his men hunting for beaver, and who took fully five hundred, would never give us any mark to know the mouth of the river. he and several hurons assured us well that it was only ten days journey [from the huron country] to the trading place; but we were afraid of taking one river for another and losing our way, or dying of hunger on the land." the above quotation, which was given in sagard, , was omitted from daillon's letter by le clercq in his "premier Ã�tablissement de la foi," . in his translation of the latter work, john gilmary shea, in a note concerning this very passage, says: "this was evidently the niagara river and the route through lake ontario," and he adds: "the omission of the passage by le clercq was evidently caused by the allusion to trade." that omission was doubtless at the instance of the french government, whose permission was then a necessity before any book could be published. that government knew the importance and the advantages of niagara, both as a strategic point and as a center of trade. only four years before le clercq's book appeared a french army, under de denonville, had built a fort there; but the hostility of the iroquois (incited by british agents) had forced its abandonment a year later. anxious to again possess it, planning now to do so by diplomacy rather than by arms, the french government would naturally have objected to any published allusion to the locality as a point of trade,--which could in no way have aided its designs, but by further calling britain's attention to niagara's importance, would naturally cause her agents to be still further vigilant toward frustrating any move of france for the control thereof. in the same letter daillon says: "but the hurons having discovered that i talked of leading them [the neutrals] to the trade, he [yroquet] spread in all the villages when he passed, very bad reports about me * * * in a word, the hurons told them so much evil of us [the french] to prevent their going to trade * * * adding a thousand other absurdities to make us hated by them, and prevent their trading with us; so that they might have the trade with these nations themselves exclusively, which is very profitable to them." yroquet, who was champlain's friend, as before mentioned, being a close ally of the hurons, evidently had no desire for a frenchman to open trade directly with the iroquois--the sworn foes of the hurons--and thus to divert any of the trade which he carried on with the french in the huron country. so the first white man known to have been on the niagara river (in ) wrote about it as a "trading place." it clearly was regarded in that light, at that time, both by the neutrals and by the hurons; those being the only two tribes which father daillon had visited. and if it was so known to the tribes on the west and northwest, there was no reason why it should not have been so known--and it no doubt was so known--to the tribes to the south, to the east, and to the west. on his map, in , champlain continues his location of the cataract at the point where the river enters lake ontario; and marks it, "falls at the extremity of lake st. louis [ontario] very high, where many fish come down and are stunned." [illustration: niagara in , by thomas davies.] in , fathers brebeuf and chaumonot, on their famous mission to the neutrals, crossed the niagara river at onguiaahra, a village of that nation, which stood on the site of the present lewiston. they probably never saw the falls; their visit being filled with danger, hunger, and threats of their destruction by the very savages whose souls they were trying to save. father l'allement, their superior, in his account of their mission, in the jesuit relation of , speaks merely of "the village onguiaahra, of the same name as the river." another passage in his letter says,-- "many of our frenchmen, who have been here in the huron country, in the past made journeys in this country of the neutral nation, for the sake of reaping profit and advantage from furs, and other little wares that one might look for." and in all probability some of those frenchmen had reached the niagara river, in their trade with the neutrals, before father daillon crossed its stream. niagara was then, as it is now, the geographical center of the eastern one-third of north america; it was the center of population among the many and widely distributed indian tribes; it was the most accessible, the most easily reached place, from all directions, in america. indian trails led toward it from all points of the compass; it was easily accessible by water from every quarter--and, by canoe, was the indians preferred means of transportation. it was thus easily reached by the tribes on the east and northeast by lake ontario; by the tribes on the north by lake simcoe and the portage to toronto; by the tribes in the great west and northwest (covering a vast territory) by all the upper lakes; by the tribes in the southwest by the mississippi, the ohio, and the alleghany rivers; by the tribes in the southeast by the susquehanna river. even in aboriginal days--by reason of its central location, its portage, its position as a center of trade, and its "erie stones"--niagara was the best and most widely known spot on the continent; even as--for other reasons--it is to-day. father ragueneau, in a letter written from the huron country, in canada, in , and published in the "jesuit relation" of , makes the second known direct printed reference to the falls themselves, when he writes,-- "lake erie, which is formed by the waters from the mer douce [lake huron], discharges itself into lake ontario, over a cataract of fearful height," which description was, word for word, the same as is found in a letter, written not later than , from that same huron country, by docteur gendron, but which was not published until . the third direct printed reference to our cataract was in a letter, written by father bressani, from that same huron country, in , and published the following year. he wrote,-- "lake erie discharges itself, by means of a very high cataract, into a third lake, which is still larger and finer, called lake ontario." thus, up to , the jesuit fathers, ragueneau and bressani, were the only persons, except champlain, who had made any direct printed reference to niagara's waterfall; like him, neither of them ever saw it;--the three known men, who first mentioned in print what is to-day the best known cataract on earth, wrote from hearsay,--and none of them gave it a name. sanson, who, in , had issued a map of north america, largely following those of champlain, but improving on their accuracy (though not indicating niagara), in , issued one of new france or canada, whereon he both correctly places our waterfall, and, for the first time in literature or cartography gave it a direct name, marking it "ongiara sault." much information about canada had no doubt been made public in france--by missionaries and explorers, with the government's approval--during those half-a-dozen years. hennepin, in , was the first person to use the word "niagara," which has been the accepted name ever since; though more than a hundred different ways of spelling it have been found. and from hennepin's time,--by every known form of pictorial reproduction; during the last forty years by photography more than all other forms put together--niagara has been the most pictured and therefore the best known spot on earth. docteur gendron in , another, and a most interesting reference to our cataract appeared in print; written by one docteur gendron. it does not appear that he ever saw it, but he seems to have learnt a good deal about it; of course he learnt it from the indians; moreover, he learnt it from hurons, who dwelt in more or less proximity to it; from men who, no doubt, themselves had seen it. he learnt it from the same source, not improbably from the same men, from whom fathers ragueneau and bressani had gotten their less comprehensive knowledge of it--for he had a special reason, in the line of his profession, for learning about it. he had written home to france concerning it, at least three years before ragueneau, at least seven years before bressani, had done so. and, curiously enough, at the very time when docteur gendron wrote his letters, fathers ragueneau and bressani were also in that huron country. it is, therefore, more than reasonably certain, that all three of them being europeans, all three living among the hurons,--whose territory was not large, through which news of the presence of white men in those days traveled fast,--that they must have known each other, not only as acquaintances, but as intimates. the priests had their headquarters at the home of the huron mission, and the docteur would, for every reason, take up his residence in that same indian village. those three men,--with the exception of champlain, the earliest known chroniclers of the existence of niagara falls,--were doubtless near neighbors and close friends, in the huron country, in the wilds of canada, over two hundred and fifty years ago. [illustration: niagara in early days, by thomas cole.] in , there had been published at paris a work in five volumes, written by one pierre davity, who had died the year before, entitled "the whole world; with all its parts, states, empires, kingdoms, republics and governments." it had been reissued at least twice by . in all three of those editions, "america, the third part of the world," had been treated of at some length--especially the southern hemisphere;--and while canada had not been overlooked, there had been no mention of niagara. in , jean baptiste de rocoles, who was both a counsellor to the king and also his state historian, reissued the work, enlarged and "brought up to date." this issue was in three volumes, folio; rather ponderous tomes; well printed, and elaborately bound. as in the previous editions, it was issued by consent of the king, and with the approval of the clergy; and it now had the official editing of the king's historian. at the end of the portion relating to america--that is, at the very end of the last volume--its contents evidently coming to rocoles' notice at the last moment; probably after the work was entirely printed (for the preceding page bears the imprint, "end of america"; and there is no mention of its contents in the index), is a short chapter entitled (translated), "certain special information about the country of the hurons in new france. recorded by the sieur gendron, doctor of medicine, who has lived for a long time in that country." this supplementary chapter is six pages in length, and, while it is not signed, we may justly assume that rocoles himself, and none other, wrote it. it begins,-- "one of my friends having lately placed in my hands a few letters written in the years and , which sieur gendron, native of voue in beausse, had sent to him from that country [of the hurons], where he was at that time; i have had the curiosity to transcribe from them, word for word, what follows; for a better knowledge and acquaintance of those lands, newly discovered. and i have done so the more willingly because this person is worthy of credence, and he wrote these letters to men of merit, who had travelled much." in the letters thus transcribed, "word for word," sieur gendron gives the location of the huron country, where he writes,-- "i now am," "as between the th and th degrees of latitude; and as to longitude, it is half an hour more to the west than quebec." from his descriptions of the lake region, from his location of other indian tribes, and from the context, sieur gendron was very near the southern end of georgian bay, when he wrote those letters. that he was in the same indian village, as was the house, or headquarters, of the mission to the hurons (which was located at that point), is deducable even more strongly, from the fact, that father ragueneau, in his report to his superior, in , uses, word for word, over more than a score of printed lines, in locating the adjoining indian tribes, the language of sieur gendron, written at least three, possibly four, years before, and published by rocoles in . that he did so, not plagiarizing, but with the knowledge and consent, and not improbably (in those parts of his letter which dealt with physical conditions) with the assistance, of docteur gendron, must be admitted by those who know from history of the splendid abilities, the exalted piety, and the noble character of father paul ragueneau, s.j., who, after his labors amongst the hurons were ended, became the superior of his order at quebec--that is, in canada. a little further on, docteur gendron writes,-- "towards the south, and a little towards the west, is the neuter nation, whose villages, which are now on the frontier, are only about thirty leagues distant from the hurons. it is forty or fifty leagues in extent" [that is from west to east, for it extended from the detroit river to some distance east of the niagara river]. then he writes, what for the purpose of this article is the most interesting portion of the letters, as follows: "almost south of the neuter nation is a large lake, almost leagues in circumference, called erie, which is formed from the fresh water sea, [lake huron] and falls, from a terrible height, into a third lake called ontario, which we call st. louis. "from the foam of the waters, roaring at the foot of certain large rocks, which are found at this place, is formed a stone, or rather pulverized salt, of a somewhat yellowish color, of great virtue for healing wounds, fistulas, and malignant ulcers. in this place, full of horrors, live also certain savages, who live only on elk, deer, buffalos, and all other kinds of game that the rapids drag and bring down to the entrance of these rocks; where the savages catch them, without running for them, more than sufficient for their needs, and the maintenance of strangers [indians from other and distant tribes], with whom they trade in these 'erie stones' ['pierres eriennes']--thus called because of this lake--who carry and distribute them to other nations." in confirmation of the doctor's statement that articles were brought to niagara, for the purposes of trade,--in there was opened an indian mound, on top of and close to the edge of the mountain ridge, some three and a half miles east of the niagara river, on the tuscarora reservation, in the town of lewiston, niagara county, n.y. it was a burial pit; and a peace burial pit; more than probably dating from , which was the last date of the ten-year ceremonial burials observed by the neuters, who then owned and occupied all this niagara region; for before the expiration of the next ten year period, the neuters had been annihilated by the senecas. in it were found nearly skulls, and the bones of probably an equal number of bodies, some articles of copper (made by the french, and proving trade with them), many hundreds of shell beads, and other articles of indian make, among them some made from large conche shells, such as are found on the shores of the gulf of mexico, and curiously enough three or four large, unbroken, conche shells. these latter, it is fair to assume, were brought nearly , miles, to niagara, there to be traded for those "erie stones" (and they were brought unbroken, so that their buyer could cut from them gorgets and other ornaments of the shape and size that suited his fancy), thus proving, that for some years, no one can pretend to say how many, perhaps centuries before docteur gendron wrote the second known reference to niagara, the fame of the cataract was widely known among the indians of north america; even beyond the far-off, sunny lands, inhabited by the arkansaws; clear to the mouths of the mississippi, "the father of waters," and along the shores of the gulf of mexico. so it was a physician, in a letter written from an unnamed place in the wilds of canada, to a friend, of whose name we are ignorant, in france,--the contents of which letter were, in a few years, to be published to the world,--that was, in date the second, though in print the fourth, man ever to refer directly to niagara falls. yet, it is not surprising that it should have been so, for almost every instance in history tells us that, so far as newly discovered lands are concerned, it is the explorer, or empire-builder, who first penetrates them, and the priest soon follows the explorer, and the physician soon follows the priest. and that was exactly the order which was followed in the explorations of the great-lakes-region of north america. the quartette--the third was an italian, the other three were frenchmen--who first referred directly to niagara in print, stands--champlain, ragueneau, bressani, gendron, and in that order:--a soldier of the sword; two soldiers of the cross; and a soldier of medicine--though, so far as the dates when the letters of those four were written, and the information thus put in form which made its publication possible, are concerned, the physician, gendron, should occupy the second--instead of the fourth place. and, by-the-way, this sieur gendron was the first white physician who is known to have lived anywhere in the western portion of this country; the first white physician in the limits of the present province of ontario in canada; and the first white physician among the indians of north america. in the case of the good docteur gendron--who, next to champlain, was the earliest to mention niagara,--it was not the scenic beauty of the falls (he does not say that he ever saw them), but it was something in the direct line of his profession which caused him to refer to them. it was because, at their base, and created, as he was told, by their waters, there was found--and there only--a panacea for many, if not for all, human ills. from his statements, it seems clear, that those "erie stones," which were "found only at niagara," were themselves widely known amongst the savages; and were a considerable article of trade between many, even to the most distant, tribes. and, even as to the minds of the aborigines who dwelt far from it, the triple importance of niagara was that it necessitated a long land carriage or portage in their canoe voyages, that it was a famous "trading place," and, that it was the only source of supply of those famous "erie stones"; even so, to the mind of docteur gendron, their main importance lay, not in their imagined grandeur, but in the authenticated statement, that it, and it alone, produced a stone or powder, efficacious in the treatment of certain ills; which was undoubtedly a very welcome and a very decided addition to the probably very limited stock of his materia medica. thus, niagara, which to-day is famous the world over, for its scenery, for its botany, for its geology, for its history, for its hydraulic works, and lastly (and almost equally with its scenery), for its electrical developments, has also, through docteur gendron's "hasty letter"--written in or --a distinct, and a very, very early claim to a place in the annals of the healing art--as it was known and practiced on the continent of north america, during the first half of the th century; and also therefrom another distinct proof that the locality was an aboriginal center of trade. this "trade" in those "erie stones" must have been a most important thing for those savages,--the onguiaahras--who dwelt close to the cataract at that time, and prior thereto. it is further a most interesting fact, that the "trade" therein was the first recorded trade ever carried on at niagara; and it is also most interesting to recall, that this first trade, at this famous spot, was in an article used for the relief of human suffering,--a simple remedy, furnished by nature, and "all ready for use." that niagara product; which, possibly long before columbus landed at san salvador, probably during all the th, certainly during the th century; made the locality famous, far and wide; was among the earliest known of america's healing remedies. it was evidently a leading, and a much-sought-for, prescription among the aborigines. to-day, it has no value whatever. it is still to be found in abundance in the immediate vicinity of the falls, in the gorge below them; but no one seeks to gather it, save as a curiosity. but, in those early days, among the ignorant and phenomenally superstitious savages, those "erie stones," to be "found only at niagara," seemed to them a special gift from the great spirit to his children. to the savages, they were, veritably, "big medicine." their fame lasted for many a year. they were gathered and traded in--yes, and used--even until the middle of the th century. as late as , their reputation still clung to the great fall. that year, capt. enys, of the th regiment, british, was at niagara, and wrote of them--they were no longer called "erie stones," but the substance was known as "petrified spray of the falls,"-- "on our return" [from the base of the fall, and walking along the water's edge, under the cliff], "we employed ourselves in picking up a kind of stone, which is said to be the spray of the fall, petrified, but whether it is or no, i will not pretend to determine; this much i can say, that it grows, or forms itself in cavities in the cliff, about half way to the top, from whence it falls from time to time; its composition is a good deal like a piece of white marble which has been burnt in the fire, so that it may be pulverized with ease. whatever may be its composition, it does not appear that it will bear to be exposed to the air, as some pieces which seem to have fallen longer than the rest are quite soft; while such as had lately fallen are of a much harder nature." robert mccauslin, m.d., who, during and after the war of the revolution, spent nine years at niagara--undoubtedly as british post surgeon at fort niagara,--furnished a scientific paper entitled, "an account of an earthly substance, found near the falls of niagara, and vulgarly called the spray of the falls," to dr. benjamin smith barton; and he, on october , , communicated it to the american philosophical society; in whose transactions it was subsequently published. dr. mccauslin specially noted, that "this substance is found, in great plenty, everywhere about the bottom of the falls; sometimes lying loose among the stones on the beach, and sometimes adhering to the rocks, or appearing between the layers upon breaking them. the masses are of various sizes and shapes, but seldom exceed the bulk of a man's hand. sometimes they are of a soft substance and crumble like damp sugar; while other pieces are found quite hard, and of a shining, foliated appearance; or else opaque and resembling a piece of burnt allum. it often happens that both these forms are found in the same mass. pieces which are taken up whilst soft soon become hard by keeping; and they are never known to continue long in a soft state, as far as i have been able to learn." he records that it is not found at all above the falls, in the greatest amounts in the gorge, close to the falls; and in decreasing quantities as the distance from them increases; and is never found at a greater distance from them than perhaps a mile. from several scientific experiments which he made upon this substance, he deduced, " st, that this concrete is not an alkaline earth, as it is not affected either by the vitriolic or vegetable acids. " d, that we may, with more probability, say that it is a combination of an acid with a calcareous earth, and that it might with propriety be ranked amongst the selenites." he thought it was formed by the moisture arising from the falls constantly and slowly filtering between the layers of rock, in whose crevices it deposited its heavier portions, and that the violent agitation which the water had undergone disposed it to part with its earth more easily than it would otherwise do. he adds, "the circumstance of this spray not being found above the falls seems to suggest an opinion that that part of the vapor which hangs upon the surrounding rocks is the heaviest, as being most loaded with earthy particles, whilst the remainder which mounts up is the purest and contains little or no earth." dewit clinton, when he visited niagara in --as a member of the first board of commissioners, appointed by the state of new york, to report on the whole subject of the proposed erie canal, noted in his diary, "a beautiful white substance is found at the bottom of the falls; supposed by some to be gypsum, and by the vulgar, to be a concretion of foam, generated by the forces of the cataract. but it is unquestionably part of the limestone, dissolved and re-united." since clinton's time no attention has been paid to this substance as a curative agent. as a geological substance it is still collected, but with greater ease than formerly, for, besides being found on and below the face of the cliff, its existence in the limestone all over the vicinity of the falls has been demonstrated by means of the huge excavations that have been made in the development of the various power plants at niagara. changes of contour wonderful changes have taken place in the contour of the greater fall at niagara since docteur gendron recorded that the indians traded in those "erie stones." the additional fall, which father hennepin pictured in , as pouring eastward from the canadian end of the horse shoe fall, was formed by the waters flowing around a large rock, which stood at the very edge of the cliff. before the middle of the th century that rock had disintegrated and been swept away; and that separate fall then merged itself into the greater cascade; as is shown in a view of niagara accompanying peter kalm's description thereof in . but it must be remembered that in hennepin's time that canadian end of the horse shoe fall extended very much farther down the gorge than it does to-day--probably feet farther. that fall then extended its shallow end down to where old table rock stood. then the levels of all the upper lakes were higher than they are to-day, those levels having been considerably lowered through the white man's denudations of the forests in the basin of the great lakes. as the downpour of niagara thereby diminished in volume, that end of the canadian fall receded; so that, as far as can be deduced, that fall was some feet shorter in contour (all taken off its western end) in than it was when hennepin saw it--two and a quarter centuries before. since , the policy of the province of ontario, to turn its share of niagara into cash--in renting out to corporations the right to use the waters of the cataract for the development of electrical horsepower ("at so much per")--has resulted in still further shortening the contour of the horse shoe fall, by another feet. the contour of that fall was given by survey in as , feet. hence, in hennepin's time, it must have been about , feet. to-day, owing to the filling in of the old river-bed, along the edge of the precipice at the cataract's western end, that contour line would not be more than , feet. but it must be recalled that the recession at the apex of that fall has been very marked since ; and as that recession is v shaped it has added somewhat--fully two hundred feet--to the figures of that old contour line; making the contour line of the falls to-day about , feet. by reason of that shortening of that fall, two scientific questions are brought up in regard to those deposits of gypsum, or "petrified spray of the falls." first--to what extent has that concretion formed behind the falling water? has it formed there in greater quantities than it has where the face of the cliff has been open to the air? in greater quantities might have been expected, on account of the greater amount and absolute continuity of the moisture on the rocky face. the feet length of cliff, from which the waters have now been permanently shut off, furnishes the answer. practically, none of that concrete has ever accumulated in the crevices of the rock on the face of the cliff immediately behind the falls. the currents of air, and the furious blasts of water which they create, rush constantly away from the under surface of the falling sheet, and continuously against the face of the cliff. these scour and cut away the rock, even as a sand blast would do, though more slowly. they allow no chance for deposits. the strata of the clinton formation (which commences at about the level of the water in the gorge, and of the niagara shale, which overlie it--the two combined having a depth of about eighty feet) are eaten away the faster. the eighty-feet-deep layer of niagara limestone, which overlies the shale, being harder, is eaten away slowly; its lower layers being attacked by the winds and waters from below (as the underlying shale disappears) and also on its face, yielding faster than the upper ones. [illustration: american fall--niagara. cave of the winds is behind small fall.] that this concretion has always formed in the limestone, back from the face of the cliff, behind the falling sheet (where the blasts of wind and water cannot reach nor effect it) is certain. that it forms under the river bed, and back from the face of the gorge on both sides of the river, and wherever the water percolates through the upper layer of rock, is also certain. it is so found in the limestone (but not in the shale) wherever deep excavations have been made near the river in the vicinity of the falls and wherever tunnels have been driven through the limestone--in the crevices and especially where a pocket or hollow space exists in that formation. this process of eating away the lower rocks, undermining the upper limestone, which, as its support is taken away, tumbles into the gorge, shows the means by which the falls gradually recede. it is shown to the best advantage in the cave of the winds, which, during the past thirty years, by this wind-and-water-blast process, has been enlarged to four times its former size. some day the layer of rock at the top of that cave will fall; the edge of the luna island fall will be thus moved back a number of feet; the cave of the winds will become merely a narrow space between the outward-curving fall of water and the perpendicular rock; and the wind-and-water-blast will continue its erosive work on that rocky face;--and in the course of years will again produce a distinct cave. the other scientific question--which the future will answer--is, how fast does this niagara concrete form? with that feet length of cliff on the canadian shore--which was formerly covered by the end of the horse-shoe fall--exposed to the air and to observation (the outer end of those crevices in its face being now free from any such deposit); with the extensive excavations on the debris slope for the power house below the bank, exposing new surfaces, where little such deposit now appears; with other probable excavations in connection with the power development, exposing similar surfaces at other points along the gorge; it will be possible to approximately determine the yearly amount of accumulation and deposit of this ancient niagara product. for that deposit will go on as ceaselessly as it has been going on, ever since the time--possibly many thousands of years ago--when the waters of a great lake (which was formed by the melting of the ice sheet) covered all this region; finally breaking over its northern barrier at the lewiston escarpment, where, seven miles from its present location, niagara was born. still a trade center le sieur gendron, of whom we know nothing more than is contained in the printed letters, noted before, passed away many a year ago; but at this late date, some two and a half centuries after his death, a lover of niagara, in his search for and his collecting of early books that in any way refer to its famous cataract, secured a copy of de rocoles' "america, the third part of the world," , which contains the first publication of docteur gendron's interesting letters from, and about, the huron country, in canada. therein he found this remarkable reference to the waterfall,--which was quoted verbatim from the good docteur's "hasty letter," by the state historian of king louis of france,--and is thereby enabled to add an hitherto unknown link (which turns out to be the second) in the chain of the earliest references to niagara falls; and so, both in history and in medicine, to assign to good docteur gendron, a place (next alongside of the great founder of quebec) in niagara's temple of fame. for the sieur gendron probably wrote from actual knowledge; he had probably, through some huron emissary, secured some of those "erie stones," that "petrified spray of the falls" in trade, at niagara; he had doubtless tried the healing qualities thereof on some of his savage patients--and let us hope that this niagara remedy proved efficacious, and justified its wide-spread reputation. at any rate, in recording its uses, and its distribution by "trade," and by probably himself using it in his practice--limited then to the huron indians; and the few frenchmen (perhaps a score or more) who then made their headquarters at the home of the jesuit mission to the hurons,--he showed, even as many a good physician of later days has done, that he was a believer in, and user of, every one of nature's remedies, as furnished by her to man, and in their simplest forms; and if that niagara product benefited his savage patients (mainly because they had faith that it would do so) surely the good docteur earned his professional fee--which he probably had to take in trade--that is, in furs. niagara, meaning thereby the niagara frontier, or, more properly, that portion thereof which extended from lake ontario to about two miles above the falls (which included fort niagara, and the whole of the famous portage around the cataract) even in aboriginal days, before the first fort niagara was built, when the indians applied the word onguiaahra to the same territory, by reason of its accessibility, its central location, its portage and its "erie stones," was widely known as a "center of trade." when the french became the masters of this region its main importance lay in its portage; and the same is true of it under british rule; and also under united states ownership, down to , when the erie canal was completed. and during all those three periods it was indeed a trade center. for over it passed on their westward way, all the soldiers, french, british, and american, who built or won, and garrisoned every fort and trading post in the west. all the cannon, equipments, arms, ammunition, clothing of all kinds, tools, most of the food (all of it save the fish they caught, the game they shot, and the few vegetables they raised) which sustained life in the poorly-fed garrisons in those far off posts on the upper lakes; most of the necessities, everyone of the luxuries,--every pound of coffee, of tea, of sugar, of tobacco, of salt, of flour, of dried and salted meats, every bit of medicine, every gallon of rum;--all those and many other articles had to go to them, annually, by "way of niagara." there was no other feasible way of transporting goods to the west. in fact there was no other way, save by the ottawa and through the georgian bay; and on the ottawa, there were forty-two portages, whereas via niagara there was but the one. and under both french and british rule, niagara was a great center of trade, in furs, and an enormous trade it was. both the military and the commercial trade of half a continent flowed by its doors; and both, going eastward and westward, required unloading and transporting over its seven miles of portage. at one time, in , when provisions were being forwarded to the west for the use there of gen. bradstreet's army, it is recorded that over , barrels of provisions alone lay at fort schlosser, the upper terminus of niagara's portage, awaiting shipment to the west. by niagara also went--had to go, for besides being the only feasible route, it was the only safe way, for it had military protection,--all the traders, with their boat loads of cheap merchandize; men who spent months at a time in journeying among the tribes in the northwest, trading their wares for valuable furs; all of which peltries, in turn, they had to bring east "by niagara." with the opening of the erie canal, in , all that portaging business at niagara disappeared; and niagara, that is the territory immediately adjoining the cataract, became a famous watering place; which character it has ever since retained, and always will retain. in the early days of that scenic glory it still preserved a tinge of its ancient aspect, as "an aboriginal center of trade." for many years indian bead-work was one of the main attractions offered in the bazaars there. and the elder generation of visitors will recall the familiar sight of aged indian squaws, and dusky indian maidens, who daily, during the season of travel, sat at various points along the route of the tourist--on the steep banks of the road leading up the hill to goat island, beneath the trees, close to the rapids, on luna island, alongside the path leading down the bank on goat island to old terrapin tower, and at various points around the ferry house, and what is now prospect park--offering for sale, crude bead work, pincushions, mocassins, etc. often a pappoose, strapped to the board which formed the back of its picturesque but doubtless uncomfortable cradle, gazed stolidly at the pale faced visitor, as the cradle leant up against the foot of a tree, or swung suspended from some low-hanging branch. the "braves" at home then made the toy canoes, the bows and arrows, the quivers, the war clubs and tomahawks, which the squaws also disposed of to tourists as souvenirs of niagara. those "squaw traders" were a most picturesque feature of niagara, and the fact that those descendants of a passing race now seldom or never sit by the roadside and offer their wares directly to the visitor is a distinct loss to the artistic environment of the cataract. in those days also some enterprising genius devised the scheme of manufacturing trinkets--such as watch charms, seals, etc.,--out of that niagara gypsum, or "petrified spray of the falls"; thereby unconsciously reviving the aboriginal trade in that substance, which docteur gendron had so early recorded--only this time without any pretension that it possessed any healing qualities--but that trade was neither so famous nor so wide spread, nor so long continued, as the original. the projectors of the village at the falls of niagara, named it manchester, in the belief that by reason of its water power (and they then contemplated the use of only a fractional part thereof--not enough to have offered any danger of "ruining niagara") it would develop into a manufacturing center which should rival its british prototype. to-day, through its hydraulic developments, mainly devoted to the generation of electric power, niagara has again become a really great center of trade. how great this locality is destined to become--when the stupendous works, now either in operation or under construction, shall have been completed up to the limits of their rights--whether that enormous development (over a million horse-power on both sides of the river, equal to one-quarter of the total estimated power of niagara) shall build up a great international manufacturing community within close sight of the ever-ascending spray cloud; or whether the most of that power shall be utilized at far distant points, and niagara be known commercially rather as the producer of power than as itself an enormous center of trade--time alone will tell. but, however great or less that growth shall be--by reason of its power, of its central location, of its accessibility, of its more than a million annual visitors--it will always be, what it is to-day, what it was in "aboriginal days," a "center of trade." transcriber's note: -due to a large number of tables, it is strongly suggested to use a monospaced font. [illustration: the busy retail store of the l. e. waterman company at the "pen corner," broadway, new york city] cyclopedia _of_ commerce, accountancy, business administration volume _a general reference work on_ accounting, auditing, bookkeeping, commercial law, business management, administrative and industrial organization, banking, advertising, selling, office and factory records, cost keeping, systematizing, etc. _prepared by a corps of_ auditors, accountants, attorneys, and specialists in business methods and management _illustrated with over two thousand engravings_ ten volumes chicago american technical society copyright, by american school of correspondence copyright, by american technical society entered at stationers' hall, london all rights reserved authors and collaborators james bray griffith, _managing editor_ head, dept. of commerce, accountancy, and business administration, american school of correspondence. robert h. montgomery of the firm of lybrand, ross bros. & montgomery, certified public accountants. editor of the american edition of dicksee's _auditing_. formerly lecturer on auditing at the evening school of accounts and finance of the university of pennsylvania, and the school of commerce, accounts, and finance of the new york university. arthur lowes dickinson, f. c. a., c. p. a. of the firms of jones, caesar, dickinson, wilmot & company, certified public accountants, and price, waterhouse & company, chartered accountants. william m. lybrand, c. p. a. of the firm of lybrand, ross bros. & montgomery, certified public accountants. f. h. macpherson, c. a., c. p. a. of the firm of f. h. macpherson & co., certified public accountants. chas. a. sweetland consulting public accountant. author of "loose-leaf bookkeeping," and "anti-confusion business methods." e. c. landis of the system department, burroughs adding machine company. harris c. trow, s. b. _editor-in-chief_, textbook department, american school of correspondence. cecil b. smeeton, f. i. a. public accountant and auditor. president, incorporated accountants' society of illinois. fellow, institute of accounts, new york. john a. chamberlain, a. b., ll. b. of the cleveland bar. lecturer on suretyship, western reserve law school. author of "principles of business law." hugh wright auditor, westlake construction company. glenn m. hobbs, ph.d. secretary, american school of correspondence. jessie m. shepherd, a. b. associate editor, textbook department, american school of correspondence. george c. russell systematizer. formerly manager, system department, elliott-fisher company. oscar e. perrigo, m. e. specialist in industrial organization. author of "machine-shop economics and systems," etc. darwin s. hatch, b. s. assistant editor, textbook department, american school of correspondence. chas. e. hathaway cost expert. chief accountant, fore river shipbuilding co. chas. wilbur leigh, b. s. associate professor of mathematics, armour institute of technology. l. w. lewis advertising manager, the mccaskey register co. martin w. russell registrar and treasurer, american school of correspondence. halbert p. gillette, c. e. managing editor, _engineering-contracting_. author of "handbook of cost data for contractors and engineers." r. t. miller, jr., a. m., ll. b. president, american school of correspondence. william schutte manager of advertising, national cash register co. e. st. elmo lewis advertising manager, burroughs adding machine company. author of "the credit man and his work" and "financial advertising." richard t. dana consulting engineer. chief engineer, construction service co. p. h. bogardus publicity manager, american school of correspondence. william g. nichols general manufacturing agent for the china mfg. co., the webster mfg. co., and the pembroke mills. author of "cost finding" and "cotton mills." c. h. hunter advertising manager, elliott-fisher co. frank c. morse filing expert. secretary, browne-morse co. h. e. k'berg expert on loose-leaf systems. formerly manager, business systems department, burroughs adding machine co. edward b. waite head, instruction department, american school of correspondence. =authorities consulted= the editors have freely consulted the standard technical and business literature of america and europe in the preparation of these volumes. they desire to express their indebtedness, particularly, to the following eminent authorities, whose well-known treatises should be in the library of everyone interested in modern business methods. grateful acknowledgment is made also of the valuable service rendered by the many manufacturers and specialists in office and factory methods, whose coöperation has made it possible to include in these volumes suitable illustrations of the latest equipment for office use; as well as those financial, mercantile, and manufacturing concerns who have supplied illustrations of offices, factories, shops, and buildings, typical of the commercial and industrial life of america. joseph hardcastle, c.p.a. formerly professor of principles and practice of accounts, school of commerce, accounts, and finance, new york university. author of "accounts of executors and testamentary trustees." horace lucian arnold specialist in factory organization and accounting. author of "the complete cost keeper," and "factory manager and accountant." john f.j. mulhall, p.a. specialist in corporation accounts. author of "quasi public corporation accounting and management." sherwin cody advertising and sales specialist. author of "how to do business by letter," and "art of writing and speaking the english language." frederick tipson, c.p.a. author of "theory of accounts." charles buxton going managing editor of _the engineering magazine_. associate in mechanical engineering, columbia university. corresponding member, canadian mining institute. f.e. webner public accountant. specialist in factory accounting. contributor to the engineering press. amos k. fiske associate editor of the _new york journal of commerce_. author of "the modern bank." joseph french johnson dean of the new york university school of commerce, accounts, and finance. editor, _the journal of accountancy_. author of "money, exchange, and banking." m. u. overland of the new york bar. author of "classified corporation laws of all the states." thomas conyngton of the new york bar. author of "corporate management," "corporate organization," "the modern corporation," and "partnership relations." theophilus parsons, ll. d. author of "the laws of business." e. st. elmo lewis advertising manager, burroughs adding machine company. formerly manager of publicity, national cash register co. author of "the credit man and his work," and "financial advertising." t. e. young, b. a., f. r. a. s. ex-president of the institute of actuaries. member of the actuary society of america. author of "insurance." lawrence r. dicksee, f. c. a. professor of accounting at the university of birmingham. author of "advanced accounting," "auditing," "bookkeeping for company secretary," etc. francis w. pixley author of "auditors, their duties and responsibilities," and "accountancy." charles u. carpenter general manager, the herring-hall-marvin safe co. formerly general manager, national cash register co. author of "profit making management." c. e. knoeppel specialist in cost analysis and factory betterment. author of "systematic foundry operation and foundry costing," "maximum production through organization and supervision," and other papers. harrington emerson, m. a. consulting engineer. director of organization and betterment work on the santa fe system. originator of the emerson efficiency system. author of "efficiency as a basis for operation and wages." elmer h. beach specialist in accounting methods. editor, _beach's magazine of business_. founder of the bookkeeper. editor of _the american business and accounting encyclopedia_. j. j. rahill, c. p. a. member, california society of public accountants. author of "corporation accounting and corporation law." frank brooker, c. p. a. ex-new york state examiner of certified public accountants. ex-president, american association of public accountants. author of "american accountants' manual." clinton e. woods, m. e. specialist in industrial organization. formerly comptroller, sears, roebuck & co. author of "organizing a factory," and "woods' reports." charles e. sprague, c. p. a. president of the union dime savings bank, new york. author of "the accountancy of investment," "extended bond tables," and "problems and studies in the accountancy of investment." charles waldo haskins, c. p. a., l. h. m. author of "business education and accountancy." john j. crawford author of "bank directors, their powers, duties, and liabilities." dr. f. a. cleveland of the wharton school of finance, university of pennsylvania. author of "funds and their uses." [illustration: chicago sales and display rooms of the new haven clock company] foreword with the unprecedented increase in our commercial activities has come a demand for better business methods. methods which were adequate for the business of a less active commercial era, have given way to systems and labor-saving ideas in keeping with the financial and industrial progress of the world. out of this progress has risen a new literature--the literature of business. but with the rapid advancement in the science of business, its literature can scarcely be said to have kept pace, at least, not to the same extent as in other sciences and professions. much excellent material dealing with special phases of business activity has been prepared, but this is so scattered that the student desiring to acquire a comprehensive business library has found himself confronted by serious difficulties. he has been obliged, to a great extent, to make his selections blindly, resulting in many duplications of material without securing needed information on important phases of the subject. in the belief that a demand exists for a library which shall embrace the best practice in all branches of business--from buying to selling, from simple bookkeeping to the administration of the financial affairs of a great corporation--these volumes have been prepared. prepared primarily for use as instruction books for the american school of correspondence, the material from which the cyclopedia has been compiled embraces the latest ideas with explanations of the most approved methods of modern business. editors and writers have been selected because of their familiarity with, and experience in handling various subjects pertaining to commerce, accountancy, and business administration. writers with practical business experience have received preference over those with theoretical training; practicability has been considered of greater importance than literary excellence. in addition to covering the entire general field of business, this cyclopedia contains much specialized information not heretofore published in any form. this specialization is particularly apparent in those sections which treat of accounting and methods of management for department stores, contractors, publishers and printers, insurance, and real estate. the value of this information will be recognized by every student of business. the principal value which is claimed for this cyclopedia is as a reference work, but, comprising as it does the material used by the school in its correspondence courses, it is offered with the confident expectation that it will prove of great value to the trained man who desires to become conversant with phases of business practice with which he is unfamiliar, and to those holding advanced clerical and managerial positions. in conclusion, grateful acknowledgment is made to authors and collaborators, to whose hearty cooperation the excellence of this work is due. table of contents (for professional standing of authors, see list of authors and collaborators at front of volume.) volume iv theory of accounts _by james b. griffith_ page dictionary of commercial terms--commercial abbreviations--objects of bookkeeping--methods--single entry--double entry--advantages of double entry --classes of account books--recording transactions--promissory notes--bank deposits--sample transactions--classes of accounts--classes of assets--revenue accounts--rules for journalizing--rules for posting--trial balance--sample ledger accounts--treatment of cash discounts --profit and loss--merchandise inventory accounts--balance sheet --journalizing notes--journalizing drafts single proprietorship and partnership accounts _by james b. griffith_ page retail business--proprietors' accounts--inventory--retail coal books-- uncollectible accounts--sales tickets--departmental records--partnership agreements--kinds of partners--participation in profits--interest on investments--capital and personal accounts--opening and closing partnership books--model set of books corporation and manufacturing accounts _by james b. griffith_ page classification of corporations--joint stock company--creation of corporation --stockholders--stock certificates--capitalization--capital and capital stock --stock subscriptions--management of corporations--powers of directors and officers--dividends--closing transfer books--sale of stock below par--corporation bookkeeping--books required--opening entries--changing books from partnership to corporation--stock donated to employes--reserves--computing sinking funds--premium and interest on bonds--manufacturing and cost accounts--factory assets--factory expenses--balance ledger the voucher system of accounting _by james b. griffith_ page use of vouchers--voucher checks--journal vouchers--voucher register--operation of system--auditing invoices--executing vouchers--paying, filing, and indexing vouchers--voucher file--demonstration of system--voucher accounting--unit system --combined purchase ledger and invoice file--private ledger --private journal--general ledger--manufacturing accounts --charting accounts--chart of trading business--chart of manufacturing accounts--examples of charts--explanation of charts review questions page index page [illustration: the accounting department in the offices of the green fuel economizer company, matteawan, n. y.] theory of accounts part i like every other special branch of study, the theory and practice of accounts has its own special vocabulary of technical terms. in all literature of accounting and business methods in general, these terms are frequently employed; and the student will find it not only advantageous, but in fact absolutely necessary, to familiarize himself thoroughly with their use. the commercial terms and definitions in the following list are the ones most commonly used in business. great care has been exercised in preparing a list that is practical and in making the definitions clear. dictionary of commercial terms _acceptance_--when a draft or bill of exchange is presented to the payer, he writes across the face "accepted" or "accepted for payment at ..." and signs his name. it is then termed an acceptance. _accommodation note_--a note given without consideration of value received; usually done to enable the payee to raise money. _account_-- (_a_) a statement of debits and credits. (_b_) a record of transactions with a particular person or persons, or with respect to a particular object. _account books_--books in which records of business transactions or accounts are kept. _account current_--an account of transactions during the present month, week, or other current period. an open account. _account sales_--a statement in detail covering sales, expenses, and net proceeds made by a commission merchant to one who has consigned goods to him. _accrued; accrued interest_-- (_a_) accumulated interest not payable until a specified date. (_b_) accumulated rent. [illustration: specimen account] _acknowledgment_--a certificate to the genuineness of a document signed and sworn to before an authorized official, as a notary public. _administrator_--one appointed by the court to settle an estate. _ad valorem_--according to value. a term used to indicate that duties are payable on the value rather than on the weight or quantity of articles. _adventure_--as used in business, this term signifies a venture or speculation. [illustration: account sales] _advice_--information with reference to a business transaction; notice of shipment; notice of draft. transmitted by letter or telegram. _affidavit_--a statement or declaration made under oath, before an authorized official. _agent_--one authorized to act or transact business for another. _agreement_--a mutual contract entered into by two or more persons. [illustration: acknowledgment] _allowance_--an abatement; a credit for inferior goods, error in quantity, etc. _annual statement_--a yearly summary of the transactions of a business. _annuity_--an amount payable to or received from another each year for a term of years or for life. _antedate_--to date a document or paper ahead of the actual time of its execution. _appraise_--to place a value on goods or property. an estimate made for the purpose of assessing duties or taxes. _appreciation_--an increase in value. real estate may increase in value on account of the demand for property in the immediate vicinity. _approbation_ or _approval sales_. goods delivered to customers with the understanding that if not found satisfactory they are to be returned within a definite period and without payment. _articles_--a collection of merchandise; parts of a written agreement, as "articles of association." _arbitrate_--to determine or settle disputes between two or more parties, as settlement of differences between employer and employees. _assets_--all of the property, goods, possessions of value of a person or persons in business. _assign_--to transfer or convey to another for the benefit of creditors. _assignee_--the person to whom the property or business is transferred. usually acts as a trustee of the creditors. _assignment_--the debtor's transfer or conveyance of his property to a trustee. _assignor_--the debtor who makes an assignment, or transfers property for the benefit of creditors. _association_--a body organized for a common object. _attachment_--a legal seizure of goods to satisfy a debt or claim. _auxiliary_--books of record other than books of original entry or principal books of account. books used for purposes of distribution or the gathering of statistics are "auxiliary" books. _audit_--to verify the accuracy of accounts by examining or checking records pertaining thereto. _average_--as applied to accounts, the mean time which bills of different dates have to run, or an average due date for several accounts. determining the due date is sometimes referred to as averaging accounts. _balance_--the difference between the debit and credit sides of an account. to close an account by entering the amount on the lesser side necessary to make the two sides balance. _balance sheet_--a statement or summary in condensed form made for the purpose of showing the standing or condition of a business. _balance of trade_--the balance or difference in value between the imports and exports of a country. _bale_--the form in which certain commodities are marketed. a bale of cotton, bale of hay, etc. _bank balance_--the net amount to the credit of a depositor at the bank. _bank note_--a note issued by a bank, payable on demand, which passes for money. _bank draft_--an order drawn by one bank on another for the purpose of paying money. _bank pass-book_--a small book furnished to a depositor by his bank, in which are entered the amounts of deposits and sometimes the checks or withdrawals. _bankrupt_--a person, firm, or corporation whose liabilities exceed their assets; who are unable to meet their obligations. _bill_--a statement or record of goods bought or sold, or of services rendered. [illustration: bill] _bill of exchange_--an order on a given person or bank to pay a specified amount to the person and at the time named in the bill. the term is more commonly used to apply to orders on another country, being made in triplicate. _bill of lading_--a receipt issued by the representative of a common carrier, for goods accepted for transportation to a specified point and at a given rate. it is a contract, and, when transferred to a third party, becomes an absolute title to the goods. [illustration: bill of lading] _bill of sale_--a written document executed by the seller, transferring title to personal property. _bill head_--the blank or form on which a bill is made. for illustration, see bill. [illustration: bill of exchange] _bills payable_--promissory notes and acceptances which we are to pay. _bills receivable_--promissory notes and acceptances which are to be paid to us. _blanks_--papers or books ruled or printed in suitable form for business records. _blotter_--a book in which are entered memoranda of transactions which are later copied into other books. also known as a _day book_. _bond_--a written agreement binding a person to do or not to do certain things specified therein. a negotiable instrument secured by mortgage or other security, binding the maker to pay certain sums on specific dates. _bonded goods_--goods stored in a government warehouse, or in bonded cars, bonds having been given by the owner for the payment of import duties or internal revenue taxes when removed. _bonus_--an amount paid in excess of the sum originally agreed upon. a premium or gift--for example, a sum paid to a salesman as extra compensation for making a certain number of sales. _book account_--a charge or evidence of indebtedness on the books of account not secured by note or other written promise. _brand_--a class of goods. a symbol or name used to designate a specific article. a trade mark. _broker_--one who acts as agent or middleman between buyer and seller. _brokerage_--the commissions or fees paid the broker for his services. also a term used to designate his business. _bullion_--uncoined gold or silver. _call loans_--loans made payable on demand or when called for. _cancel_--to render null and void; to annul. _capital_--property or money invested in a business. _capital stock_--a term used to indicate the subscriptions of all stockholders to the capital of a corporation. _cartage_--the charges made for hauling goods by wagon, or otherwise than by freight or express. _cash sales_--sales for which immediate payment is received in contradistinction to sales of goods on credit. [illustration: bill of sale] _certificate of stock_--a written statement or declaration of the purchase of a specified number of shares of the capital stock of a corporation. an evidence of ownership. _certified check_--a check, the payment of which is guaranteed by the bank on which it is drawn. _charges_--the expense involved in handling goods or in performing a specific act--as, for example, charges for storage, freight charges, etc. also a synonym for _debits_. _chart_--a classified exhibit of the components of a business organization, showing the authority and responsibilities of the members. grouping of the accounts of a business with respect to their relation to one another. _charter_--to hire a car, ship, or other instrument of transportation. a document defining the rights and duties of a corporation. _check_--an order on a bank to pay to a certain person, or to the order of such person, a specified sum, which sum is to be charged to the account of the drawer of the check. _clearing house_--an exchange established by banks in cities, for their convenience in making daily settlements. the checks and drafts on the different banks are exchanged without the formality of presenting them personally at each bank. a balance is found, and this amount only is paid in cash. _closing an account_--making an entry that will balance the account. _collateral_--pledges of security--as stocks, bonds, etc.--to protect an obligation or insure the payment of a loan. _commission_--a percentage or share of the proceeds allowed for the sale of merchandise--as the pay of a commission merchant for selling a car of flour. _commission merchant_--one who sells goods on commission. similar to a broker. _commercial paper_--negotiable paper used in business. _common law_--law based upon the precedent of usage, though not contained in the statutes. _company_--a corporation; also used to designate partners whose names are not known. _compromise_--to settle an account for less than the amount claimed. to agree upon a settlement. [illustration: certificate of stock] _consideration_--the price or money paid or to be paid which induces the entering into a contract by two or more persons. _consignee_--the party to whom goods are shipped. a person to whom goods are sent to be sold on commission is a consignee. the goods so sent are known as a _consignment_, and the sender is the _consignor_. _consul_--an agent of the government, residing in a foreign part, who guards the interests of his own government. _contra_--on the opposite side--as a contra account. _contract_--a written agreement between two or more persons to perform or not to perform some specified act or acts. _contingent assets and liabilities_--resources or liabilities whose value depends upon certain conditions. _contingent fund_--a sum put aside to provide for an anticipated obligation; a reserve fund. _conveyance_--a term used to describe certain forms of legal documents transferring from one person to another, title to property or collateral. _copyright_--a right granted to an author or publisher to control the publication of any writing, or the reproduction of a photograph, painting, etc. _counterfeit_--a spurious coin, or bank or treasury note. _coupon_--a certificate detached from a bond, which entitles the holder to the payment of interest. _coupon bond_--bonds to which are attached coupons calling for the payment of interest. the coupons, when detached, become negotiable paper. _credentials_--letters or testimonials conveying authority. _creditor_--one whom we owe; one who gives credit. _currency_--the coin or paper money constituting the circulating medium of a country. _debenture_--a certified evidence of debt. see bond. _debit_--to charge; to record an amount due. _deed_--a written document or contract transferring title to real estate. _defalcation_--the appropriating to one's own use, of money intrusted to him by another; embezzlement. _deferred bonds_--bonds which are to be paid when some condition is fulfilled in the future. _delivery receipt_--an acknowledgment of the delivery of goods. largely used by merchants in the delivery of goods to customers. _demand note_--a promissory note or acceptance payable on presentation or on demand. [illustration] _deposit_--the money placed in custody of the bank, subject to order. _depreciation_--a reduction in the value of property. in a manufacturing plant, buildings and machinery depreciate in value through wear and tear; a residence property may depreciate owing to the nature of a nearby building. [illustration: delivery receipt] _discount_--an allowance or abatement made for the payment of a bill within a specified period. the interest paid in advance on money borrowed from a bank. _dishonor_--refusal to accept a draft, or failure to pay a written obligation when due. [illustration: demand note] _dividend_--the profits which are distributed among the stockholders of a corporation. _draft_--a written order for the payment of money--usually made through some bank. _drawer_--the person by whom the draft is made; the one who requested the payment of money by the drawee. _drayage_--synonymous with cartage. _due bill_--a written acknowledgment of an amount due; of the same effect as a demand note. _dunning_--soliciting or urgently pressing the payment of a debt. _duplicate_--a copy of a paper or document; the act of making a copy. _duty_--the tax paid on imported goods. _doubtful_--of questionable value. we refer to an account as "doubtful" when we question the likelihood of its payment. [illustration: draft] _earnest_--an advance payment, applying on the purchase price, made to bind an oral bargain. _embezzlement_--see defalcation. _exchange_--the charge made by a bank for the collection of drafts or checks. _exports_--commodities sent to another country. _extend_--to set a later date for payment; to add several items and carry the totals to the proper column. _face value_--the amount for which a commercial paper is drawn. _facsimile_--an exact duplicate or exact copy. _financial statement_--a term used in the same sense as _balance sheet_ or _annual statement_. _fiscal_--a financial or business year, in contradistinction to a calendar year. the fiscal year of a business may commence and end on any date--usually on the date on which it was started. _fixed assets_--permanent assets acquired by a firm or corporation to enable them to conduct a business. includes real estate, building, machinery, horses and wagons, etc. _fixed charges_--those charges in connection with the operation of a business which occur at regular intervals, such as rent, taxes, etc. _fixtures_--a fixed asset represented by that part of the furniture not readily removable, such as gas and electric light fixtures. _folio_--a column provided in account books, in which to enter the page numbers of other books from or to which records are transferred. _footing_--the sum or amount of a column of figures. _foreign exchange_--drafts on foreign cities. _freight_--the charges paid for the transportation of goods. _gain_--the increase in value of assets or profit resulting from a transaction or transactions. _gauging_--measuring the liquid contents of casks or barrels. _going business_--a term used to designate a business in actual operation. goodwill or the reputation of a business has a value so long as the business is in operation, or keeps going. when a business is discontinued, only the physical assets or actual properties owned by the business are of value. _good will_--the monetary value of the reputation of a business over and above its visible assets; the value of a business name. _gross_--the entire amount in contradistinction to the net amount--as gross weight or gross profit. _guarantee or guaranty_--surety for the maintenance of quality or the performance of contracts. _honor_--to pay a promissory note when due; to accept or pay a draft. _hypothecate_--to deposit as collateral security for a loan. _import_--to bring goods into the country. _income_--the receipts of a business. _income bonds_--bonds on which the payment of interest is contingent on profits earned. if the interest is passed on account of lack of funds, the holder of the bond has no claim. _indemnity_--security against a form of loss which has occurred or may occur--as fire insurance, against loss by fire. _indorse_--to guarantee the payment of commercial paper by writing one's name on the back. _indorsee_--the person to whom a paper is indorsed. [illustration: lease] _indorser_--the person who guarantees payment; the one who indorses. _infringe; infringement_--to trespass upon another's rights--as infringement of a patent or copyright. _installment_--an account or note the payment of which is to be made in several parts, at stated intervals. _insolvent_--unable to pay one's obligations. _instant_--principally used in correspondence to indicate the present month. _insurance policy_--a contract between an insurance company and the insured. _interest_--the sum or premium paid for the use of money; one's share in a business or a particular property. _inventory_--an itemized schedule of the property or goods belonging to a business. _investment_--money paid for goods or property to be held; not for speculation. _invoice_--a list of goods bought or sold. see bill. _jobber_--one who buys from manufacturers and sells to retailers; a middleman. _job lot_--an incomplete assortment of goods to be disposed of in a lump. usually indicates small portions or remnants of a stock, the bulk of which has been sold. _joint stock_--property owned in common by several individuals known as stockholders. _leakage_--an allowance for waste of liquids in transit; refers particularly to liquids shipped in casks. _lease_--a written agreement covering the use of property during a specified period, at a stated rental. _legal tender_--the lawful amount to be offered in payment of an obligation. bank notes or other currency which passes for money. _lessee_--one who receives a lease. the _lessor_ makes it. _letter of advice_--a letter giving notice of some act in which the one receiving the advice has an interest--as making a shipment, notice of draft, etc. _letter of credit_--a letter which authorizes the receiving, by the holder, of credit to a stated amount. principally used by travelers to secure credit from foreign bankers. _liabilities_--the obligations or debts of a firm, corporation, or individual. _license_--permission, usually granted by a municipality, to conduct a specified business. _liquidation_--the closing-out of a business or an estate. _loss and gain_--the amount of profits or losses of a business. _maker_--one who signs a note. _manifest_--a list or schedule of the articles in a ship's cargo, or of the goods comprising a shipment. [illustration: order] _maturity_--the time when an obligation or an account is due. _mercantile agency_--a company which obtains and keeps for the use of its customers information showing the standing of business firms. _merchandise_--the stock in trade, or goods bought to be sold again. _money order_--an order instructing a third party to pay money to the person named. a form in which money is transmitted. _monopoly_--the exclusive control of the manufacture or sale of an article. _mortgage_--a temporary transfer of title to land, goods, or chattels to secure payment of a debt. _mortgagor_--one who gives a mortgage. the one to whom the mortgage is given is the _mortgagee_. _negotiable_--an agreement or any commercial paper which can be transferred by delivery or endorsement--as a bank note or promissory note. _net_--less all charges or deductions. _gross_ assets less liabilities leaves _net_ capital; _gross_ income less all expenses leaves _net_ profit; etc. _nominal_--having no actual existence; exists in name only. _obligation_--indebtedness. _open account_--an account which has not been paid. _opening entries_--the entries made in the books when it is desired to open the accounts of a business. _option_--the right to be the first purchaser; a privilege. _orders_--requests for the shipment of goods. _original entry_--the first record made of a charge or credit which becomes the basis of proof of the account. _overdraw_--to draw a check for a greater amount than the drawer has on deposit in a bank. _par_--face value. _partnership_--a firm; a union of two or more persons for the transaction of business or the ownership of property. _payee_--the one to whom money is to be paid. the one who pays the money is the _payer_. _per annum_--by the year. _per cent_ or _per centum_--by the hundred. _per diem_--by the day. _personal account_--any account with an individual, firm, or corporation. _personal property_--all property other than real estate. _petty cash_--a term used to signify small expenditures in actual cash. _postdate_--to date ahead; after the real date. _post_--to transfer amounts from books of entry to the ledger, which is the book of final record. _power of attorney_--authority to act for and in the name of another in business transactions. _preferred stock_--stock which participates in the profits before any dividend can be paid on the common or ordinary stock. _premium_--the amount paid above par value; the amount paid to an insurance company for insurance against loss. _present worth_--the net capital of an individual. _proceeds_--the amount realized from a sale of property. _profit and loss_--synonymous with loss and gain. _promissory note_--a promise, signed by the maker or makers, to pay a stated sum at a specified time and place. [illustration: promissory note] _pro rata_--a distribution of money or goods in proportionate parts. _protest_--a formal notice acknowledged before a notary that a note or draft was not paid at maturity, and that the maker will be held responsible for the payment. _quotation_--a price named for a given article or for services. _ratify_--to approve; to sanction the acts of an agent. _raw material_--material to be manufactured into other products--as iron ore, pig iron, lumber, etc. _real estate_--primarily refers to land, although buildings are frequently included. _rebate_--an allowance or deduction. see allowance. _receipt_--an acknowledgment that money or something of value has been received. _receiver_--one appointed to take charge of the affairs of a corporation, either solvent or insolvent, and administer its affairs under orders of the court. _remittance_--money or funds of any character transmitted from one place to another. [illustration: power of attorney] _renewal note_--a new note given to take the place of a note that is due. _rent_--a payment for the use of property owned by another. _resources_--synonymous with assets. _revenue_--income of a business. _revoke_--to recall authority of another to act as agent. _royalty_--a stipulated amount paid to the owner of a mine, patent, copyright, etc., usually based on sales. the owner of a copyright receives a royalty based on the number of books sold. [illustration: receipt] _schedule_--inventory of goods or statement of prices. _sight draft_--a draft payable on presentation or at sight. _solvent_--able to pay one's debts. _statement_--commonly used to designate a list of bills to customers during a stated period. also used to designate a financial summary showing profits and losses of a business. _stockholder_--an owner of stock in a corporation or joint stock company. _storage_--the charge for keeping goods in a store or warehouse. _surety_--one who has guaranteed or made himself responsible for the acts of another. _syndicate_--a combination of capitalists, usually temporary, for the conduct of some financial enterprise. _tare_--the amount deducted from gross weights to cover weight of packages--as crates, boxes, barrels, etc. _tariff_--a schedule of prices, as freight tariff. the duties imposed on imports or exports. _terms_--the conditions governing a given sale. "terms cash" means that payment is to be made as soon as goods are delivered. _tickler_--memoranda of matters requiring attention in the future, arranged according to dates. _time draft_--a draft which matures at some future date. _trade discount_--the discount allowed by a manufacturer to a jobber or by a jobber to a retailer. [illustration: statement] _trade mark_--see brand. _ultimo_--principally used in correspondence to designate last month. _valid_--legal or binding; usually applied to a properly executed contract. _value received_--used in notes to indicate that value has been given. _void_--without legal force; not binding. _voucher_--a receipt; a document which proves the accuracy of an account or the authority for an expenditure. [illustration: voucher] _warehouse_--a building used for storage purposes. _warehouse receipt_--a document acknowledging the receipt of goods for storage in a warehouse. _warranty_--an agreement to assume responsibility if certain facts do not prove as represented. _way bill_--a document containing a list of goods shipped by a railroad. _wholesale_--a business which sells goods in large quantities, usually in original packages and to the trade only. _working capital_--the capital actually used in the active operations of a business. commercial abbreviations the commercial abbreviations in the following list are in constant use in the various lines of trade, and should be thoroughly understood by the student of accounting. a first-class acct. account ad advertisement agt. agent amt. amount ans. answer art. article asstd. assorted ass't. assistant atty. attorney bal. balance bbl. barrel b. b. bill book bds. boards bdls. bundles bgs. bags bk. book bkt. basket b. l. or b/l bill of lading bls. bales bot. bought b. p. or b/p bills payable bro't. brought b. r. or b/r bills receivable b. ren'd. bill rendered bu. bushel bx. box c. b. cash book ¢ or cts. cents chgd. charged c. i. f. cost, insurance, and freight ck. check cks. casks, checks co. company c. o. d. collect on delivery coll. collect or collector com. commission com'l. commercial cons'd. consigned const. consignment cr. credit or creditor ctg. cartage cwt. hundredweight d. b. day book dept. department dft. draft dis. or disc't. discount div. dividend do. or ditto the same doz. dozen dr. debit or debtor ds. days ea. each e. e. error excepted e. and o. e. errors and omissions excepted e. g. for example ent. entry or enter ent'd. entered etc. or &c. and others; and so forth exch. exchange ex. express exp. expense exr. executor f. o. b. free on board fol. folio; page of a book f'd, ford. forward frt. freight ft. foot, feet gal. gallon gr. grain gro. or gr. gross guar. guaranteed hdkf. handkerchief hhd. hogshead hund. hundred i. b. invoice book in. inches ins. insurance inst. instant (this month) int. interest inv. invoice invt. inventory i. o. u. i owe you; a due bill j. journal lb. pound lbr. lumber lab. labor manf. manufacture mdse. merchandise mem. memorandum mfd. manufactured mfst. manifest mfr. manufacturer mo. or mo. month mtg. mortgage ms. manuscript mut. mutual nat. or nat'l. national n. b. take notice no. number n. p. notary public, net proceeds o. b. order book o. k. all correct; approved oz. ounce p. page pp. pages pay't or pm't. payment pc. piece pcs. pieces p. b. pass book p. c. b. petty cash book pd. paid per. by; by the per an. by the year pk. peck pkg. package pop. population pref. preferred prem. premium pro. proceeds prop'r. proprietor prox. next month p. s. postscript pub. publisher qr. or qr. quarter, quire qt. or qt. quart rec'd. received ret'd. returned r. r. railroad ry. railway s. b. sales book s. e. single entry sec. secretary shipt. shipment shs. shares sig. signature s. s. steamship s. s. to wit; namely st. dft. sight draft sund. sundry supt. superintendent sq. square t. b. trial balance; time book ult. ultimo; last month via. by way of viz. namely vol. volume vs. against w. b. way bill wk. week wt. or wt. weight yr. year yd. or yds. yard or yards commercial signs and characters the signs and characters most commonly used in business are the following: @ to or at a/c account b/l bill of lading b/r bills receivable or bill rendered b/p bills payable b/s bill of sale ¢ cents c/o care of d/d days after date d/s days after sight f/b free on board j/a joint account l/c letter of credit l/m letters of marque £ pounds sterling o/c on account o/c out of courtesy % per cent p per $ dollars # number, if written before a figure, as # ; pounds, if written after, as # [check mark] check mark " ditto ° degrees ' prime; minute; feet " seconds; inches; also used as ditto marks ¹ one and one-fourth ² one and one-half ³ one and three-fourths + plus - minus × by or times ÷ divided by = equals definition and objects of bookkeeping . bookkeeping is the art of recording the transactions of a business in a manner that makes it possible to determine the accuracy of the records. the objects of bookkeeping are: (_a_) to exhibit a record of the separate transactions of a business. (_b_) to furnish statistical information in respect to any particular class of transactions. (_c_) to exhibit the financial standing or condition of a business. when properly assembled the bookkeeping records become _accounts_ (for definition, see dictionary of commercial terms). if correct methods are used, the bookkeeping records will be assembled or grouped in a manner to show their exact nature and their bearing on the status of the business, or the standing of the account. = . debit.= the term _debit_ designates those items in an account representing values with which we have parted, or transferred to another person or account. debits are always placed on the left side (or in the left-hand column) of an account. debits to persons are of the following classes: (_a_) the transfer of merchandise. (_b_) the rendering of services. (_c_) the use of something of value. _examples_-- (_a_) we sell to john doe two tons of coal at $ . per ton. we _debit_ his account with the amount. (_b_) we render services to thos. ryan for which he is to pay us a stated fee. we _debit_ his account with the amount of the fee. (_c_) we are to pay rent for the use of our offices. our landlord _debits_ us with the amount. = . credit.= the term _credit_ designates those items in an account representing value which we have received or which has been transferred to us. credits are always placed on the right side (or in the right-hand column) of an account. credits to persons are of the following classes: (_a_) the receipt of merchandise or money. (_b_) the rendering of services. (_c_) the use of something of value. _examples_-- (_a_) john doe pays us $ . on account. we _credit_ his account with the amount. (_b_) our attorney makes a charge for legal services. we _credit_ his account with the amount. (_c_) we rent or lease property to another; and when payment is made, we _credit_ his account. = . rules for debit and credit.= debit and credit are the fundamental principles of bookkeeping. the general rules to be followed in debits and credits are: debit cash when you receive it. debit a person when you trust him. debit a person when you pay him. credit cash when you pay it out. credit a person when he trusts you. credit a person when he pays you. = . balance.= when the two sides of an account differ in amount, it is said to show a balance. if the debit side of the account is the larger, the difference is a _debit balance_. if the credit side of the account is the larger, the difference is a _credit balance_. _example_--if we debit john doe's account for two tons of coal at $ . a ton, or $ . (see example (_a_), article ), and credit his account with $ . paid (see example (_a_), article ), the debit side of the account is $ . greater than the credit side. therefore it shows a debit balance. methods of bookkeeping . there are but two methods or systems of bookkeeping, and they are known as _single entry_ and _double entry_. no matter in what form bookkeeping records are kept, the method must be either single or double entry. single entry is used only in very small businesses or by those who do not understand the advantages of double entry. single entry . as the name indicates, single entry is a single record of the transaction--that is, a record of one phase of the transaction only. _example_--john doe's account would show that he received two tons of coal, but there would be no corresponding account to show that our supply of coal had been diminished. single entry fails to fulfil the object of bookkeeping, as it does not exhibit the true financial condition of the business, and is incapable of proof of accuracy. double entry . double entry is a system of making two entries (or a double record) of every transaction. in every business transaction, two distinct factors are involved--namely, that which is received, and that which is parted with. if we sell a given quantity of a commodity, we part with it, and the sale takes from or decreases the value of that particular commodity in our possession. if we sell for cash, the transaction adds to our cash possessions; while if the value of the commodity is debited or charged to the account of a customer, it adds to the amount we are to receive from that customer. = . principle of double entry.= double entry is a system of debits and credits. one writer expresses it as a system of opposing contra things. _the fundamental principle of double entry is that there must be a corresponding credit for every debit._ _example_--when we sell john doe two tons of coal, we debit his account; but we have decreased the value of our stock of coal, and to complete the double entry, we credit coal account (or _merchandise_, as the account representing our stock in trade is sometimes known). when he pays us money, we credit his account, and debit cash. = . advantages of double entry.= the principal advantages of double entry bookkeeping are that the system permits of making an accurate exhibit of the standing of the business; it exhibits the profits and losses; it shows the sources of profits and the causes of losses; it permits of proof of the accuracy of the records. [illustration] . _account books_ are ruled with special forms which adapt them to bookkeeping records. the forms of ruling are many and varied to suit the requirements of different classes of business. rulings for double entry bookkeeping do not differ materially from those used in single entry. for double entry, at least two amount columns must be provided--one for debits, and one for credits. the most common form of ruling is known as _journal ruling_. a book with this ruling is also known as a _journal ledger_. the words in parentheses explain the purpose of the different columns. the abbreviations _dr._ (debit) and _cr._ (credit) are sometimes written at the head of the amount column; but most bookkeepers omit them, as the position of the columns indicates their purpose. demonstration to illustrate the manner of entering transactions in accounts, we show in the accompanying diagrams how the transactions used in the foregoing examples would appear in the proper accounts. [illustration] examples for practice . on journal ruled paper, which can be procured at any stationer's, write up the account of john doe as per example given in articles and . . write up the account of john doe, showing also the accounts necessary to complete the double entry, as per example in article . . write up the accounts covering the following transactions, by the single entry method: nov. . sold to james stevenson cords of wood, at $ . per cord. sold to andrew white ½ tons of coal, at $ . a ton. nov. . sold to wm. johnson ton of coal, at $ . a ton. nov. . received from james stevenson $ . cash, to apply on account. nov. . received from wm. johnson $ . in payment of account. . write up the same accounts by the double entry method, using a merchandise account to represent all classes of merchandise sold. classes of account books . account books are of two classes: (_a_) those in which complete records of transactions, or complete accounts, are kept; (_b_) those which contain particulars of individual transactions which must afterward be transferred to books of the (_a_) class. books of the (_a_) class are known as _principal books_ or _books of record_; that is, they contain the final or permanent record of an account. books of the (_b_) class are of two kinds: (_ba_) books of _original entry_; (_bb_) _auxiliary books_. any book which contains the first (or original) record of a transaction is a book of original entry (_ba_). [illustration] [illustration: a corner in the offices of the platt iron works, dayton, ohio] any book in which records contained in books of original entry (_ba_) are assembled, to be transferred later to principal books (_a_), is an auxiliary book. any book used for the purpose of assembling statistical information is an auxiliary book. the books most commonly used in double entry bookkeeping are: _order book_, _day book_, _cash book_, _journal_, _sales book_, _purchase book_, _ledger_. = . order book.= an order book is a book of original entry in which is entered a record of each order or request for the shipment or delivery of merchandise. the record shows the name and address of the customer, the kinds and quantities of goods wanted, and the prices at which they are to be sold. the ruling of the order book varies according to the nature of the business. a simple form of ruling is shown. = . day book.= a day book is a book of original entry in which are entered full particulars of each completed transaction. these records are afterwards assembled in auxiliary books, from which they are transferred to the principal books. [illustration] the use of the day book was formerly universal, but it has been discarded by modern bookkeepers as its use involves unnecessary labor. the records formerly kept in the day book are now made directly in certain books then known as auxiliary, which makes of them books of original entry. the ruling of the day book is shown. = . cash book.= a cash book is a book of original entry containing records of all transactions which involve either the receipt or payment of cash. the records in the cash book are in fact a complete account with cash. we debit cash for all money received, and credit cash with all money paid out; therefore, the difference between the total footings of the debit and credit sides of the cash book shows the amount of cash which we should have on hand. since we cannot pay out more than we receive, the debit side should be the larger, unless both sides are equal, which shows that we have paid out all the cash received. the amounts entered on the debit side of the cash book are transferred (or _posted_) to the credit side of the account of the one from whom the cash is received. the amounts entered on the credit side of the cash book are posted to the debit side of the account of the one to whom the cash is paid. [illustration] there are many special forms of ruling for cash books, with separate columns for entering certain classes of receipts and payments of a special nature. the ruling of the cash book should be made to meet the requirements of the business in which it is to be used. a simple form of ruling is shown. it will be noted that the left-hand page is used for the debit side, while the right-hand page is used for credits. this is the only account kept with cash. = . journal.= a journal is a book in which separate transactions are entered in a manner to preserve the balance necessary in double entry--that is, showing the proper debit and credit for each transaction. the journal is used for making adjusting entries, and it was formerly the custom to copy into this book from the day book the particulars of every transaction. records are now made in the journal directly, which makes it a book of original entry. the records in the journal are transferred or posted to the debit and credit sides of the accounts which they represent. the journal is frequently combined with the cash book, and is then called a _cash journal_. an ordinary form of journal ruling is shown in article . = . sales book.= a sales book is an auxiliary book in which is kept a record of all goods sold, showing name of purchaser, quantity and kind of articles, prices, and amounts. a sales book is a journal of sales. the amounts of individual sales are posted (transferred) to the debit side of the accounts of the purchasers. the footings of the sales book are carried forward until the end of the month, when the total amount is posted as one item to the credit side of the _merchandise_ account, completing the double entry. the merchandise account has been universally used in the past, all purchases being debited and all sales credited to this account. certain other accounts (which will be explained later) are now recommended by leading accountants, to take the place of the merchandise account. sales books are usually ruled to meet the special needs of each business, separate columns being provided for a record of special classes of sales, or sales of special kinds of goods. = . purchase book.= a purchase or invoice book is the opposite of the sales book, being used for a record of all purchases made. like the sales book, the totals are carried forward to the end of the month, and posted as one item to the debit side of the _merchandise_ account. the amounts of the separate transactions are posted daily to the credit of the persons from whom the goods are purchased. [illustration] the purchase book is a purchase journal, and the ruling is the same as that of other journals. = . ledger.= the ledger is the principal book, in which particulars of every transaction of every nature are summarized. it is, in fact, a transcript of all other books of the business except those used solely for statistical purposes. the ledger is the book which contains the final or complete records of all dealings, either with an individual or with respect to a specific class of transactions--as expenditures for a certain purpose, or receipts of a given character, or sales of a given kind of goods. a transcript of the ledger accounts exhibits the progress and standing of the business. like other books, ledgers are now made with special forms of ruling, depending on the purpose for which they are to be used. the old style or common form of ledger ruling is shown (p. ). = . invoice or bill.= an invoice or bill is an itemized statement or record of goods sold by one person to another. the invoice or bill is used in every line of business. a conventional form of invoice is shown (p. ). recording transactions = .= the records of transactions in the journal which show what accounts are debited and what accounts are credited are called _journal entries_. the act of making these entries is known as _journalizing_. it was formerly the custom to journalize each individual transaction from the day book, but in modern bookkeeping the journal is used only for adjusting and special entries. = . posting.= when the record of a transaction is transferred to the ledger from a book of class (_b_), it is said to be _posted_. the act of making the transfer is called _posting_. the original method was to itemize all transactions in the ledger, but the present custom is to post the totals only. = .= when a record is transferred from one book of class (_b_) to another, or posted to the ledger, the page number of the book to or from which it is transferred or posted is entered in the column known as the _folio column_. this is done that the transaction may be traced from one book to another. the presence of the page number also serves as a check to show that the item has been posted. _example_--an item is to be posted from page of the sales book to page of the ledger. in the folio column of the ledger will be entered "s " indicating that the item will be found on page of the sales book. in the folio column of the sales book will be entered " " indicating that the item has been posted to page of the ledger. = . ledger index.= an index to the ledger is necessary to enable us to find the accounts. in small ledgers the index is placed in the front of the book itself, while for large ledgers a separate index book is used. there is a distinct advantage in this, as the index book can be kept open on the desk while posting is being done, and the names found much quicker than when it is necessary to turn the leaves of the ledger to find the index. when an account is opened in the ledger, the name should be written in the index, followed by the page number. the names in the index are arranged in alphabetical order, each name being written under the letter of the alphabet corresponding to the first letter in the name. for example: =a= =b= =c= adams, j. c. bacon, i. h. crandall, jas. andrews, henry brown, henry campbell, don. in a large index, one or more pages are used for a letter; while in a small index, several letters may be placed on the same page. sample transactions = .= the following sample transactions are carried through the books described in this section, showing the proper entries and postings (see pp. - ). the day book has been omitted, as it is practically obsolete, not being used by progressive bookkeepers. muskegon, mich., nov. , . i, robert b. robinson, have this day commenced business as a wholesale dealer in groceries and provisions. i have rented the store located at pine st., from geo. baker, at $ . a month. my resources and liabilities are as follows: resources cash on hand $ , . merchandise per inventory , . due me from roger bros. . liabilities c. b. whitney, grand rapids $ . my net investment , . --nov. -- bought from grand rapids gro. co., grand rapids, mich. on account cwt. sugar $ . $ . bbls. flour . . " salt . . " molasses , gals. . . $ . -- -- paid geo. baker for month's rent cash . -- -- sold to geo. wiggins, ottawa st. on account box b. b. soap . case x. x. corn . # soda biscuit . . -- -- sold to smith & nixon, western av. on account bbl. flour . . cwt. sugar . . bbl. molasses, gal. . . . -- -- bought from william bratton, jefferson av., detroit on account sacks java coffee, , # . . -- -- sent to c. b. whitney, grand rapids draft to balance account . -- -- sold to h. a. brainerd, lake av. on account bbls. salt . . # baking powder . . . -- -- charge grand rapids gro. co. bbl. flour received in bad order . -- -- sold to bryan bros., lakeside on account bbls. salt . . # raisins . . . -- -- bought from h. a. edwin, chicago on account bbls. pork . . -- -- sold for cash bbl. pork . . -- -- sold to r. c. ellison, jefferson av. on account bbl. pork . . bu. beans . . . -- -- received from geo. wiggins cash to balance . -- -- sent to grand rapids gro. co. draft to balance . -- -- sold for cash box soap . -- -- received from smith & nixon cash on account . [illustration] [illustration] [illustration] [illustration] promissory notes = .= a promissory note is a form of commercial paper much used in business. goods are sold on specific terms--that is, to be paid for in a certain time after date. profits are based on the supposition that the bills will be paid when due. when not so paid, the debtor is virtually borrowing money from the creditor, and should pay interest for the use of that money just as he would if he had borrowed it from a bank. to settle the account when it is not convenient to pay cash, it is customary to give a promissory note for the amount, plus interest, payable on a certain date. the promissory note is more convenient for the creditor; for when it bears his endorsement, his bankers will discount it, thus giving him the money for use in his business. even though he may not discount it, the promissory note is better for the creditor, as it gives him a definite promise to pay, which he does not have when the debt is represented by an open account. = . bills receivable and bills payable.= the commercial term for promissory notes accepted by us is _bills receivable_. the commercial term for promissory notes given by us is _bills payable_. the term "bill" is used in this connection for the reason that a promissory note is a negotiable instrument, and when indorsed it becomes practically a bill of exchange. the accounts in the ledger which represent notes receivable and notes payable are called _bills receivable account_ and _bills payable account_. the bills receivable account is debited when a note is received, and credited when a note is paid. the balance of bills receivable account shows the amount of unpaid notes payable to us. the bills payable account is credited when we give a note and debited when we pay a note. the balance of bills payable account shows the amount of the notes that we owe. = . bill book.= for the purpose of keeping a record of bills receivable and bills payable, a book known as a _bill book_ is used. any draft, note, due bill, or other written promise to pay a specified sum at a stated time, should be treated as a note or bill--receivable or payable, as the case may be. the bill book is an auxiliary book, and the record kept is usually treated as a memorandum only, records of each transaction being made in the journal. the form shown (p. ) is one in common use. [illustration] = . acceptances.= a draft when accepted--that is, when it becomes an _acceptance_--has the same value as a promissory note, for it is a definite promise to pay on a specified date. drafts are used for the collection of accounts in other cities than the one in which the creditor's place of business is located. a draft may call for payment a certain number of days after date, or it may call for payment at sight. the former is known as a _time draft_, while the latter is a _sight draft_. = . discount and exchange.= when a promissory note is taken to the bank for the purpose of raising money, it is customary for the banks to calculate the interest for the time the note is to run, and to deduct this from the principal, giving the borrower the net amount only. in other words, the interest is paid in advance, and such advance payment of interest is called _discount_. when a draft is collected through a bank, a small fee is charged, and this fee is called _exchange_. exchange is also charged for the collection of out-of-town checks, especially if they are drawn on banks in small towns and cities. bank deposits = .= when money is deposited in a bank, a list of the items in the deposit is made on a blank known as a _deposit ticket_ or _deposit slip_. these deposit tickets are furnished by the bank for the convenience of its customers. = . signature card.= money deposited in a bank can be withdrawn only by presenting a written order or _check_, signed by the one in whose name the money is deposited. that the bank may know that money is not paid on checks that do not bear the correct signature, each depositor is required to leave at the bank the signature or signatures which are to be honored. these signatures are written on a card, known as a _signature card_, which the bank keeps for reference. = . check books.= blank checks are usually bound in book form, the checks themselves being perforated so that they can be easily removed. these _check books_ are in most cases furnished by the bank. the number of checks on a page varies, but is seldom more than four. when a check is written, the number, date, name, and amount should be written on the face of the stub. to keep a convenient record of the balance in the bank, it is well to enter a list of all checks and deposits on the back of the check stubs. [illustration: signature card] = . pass book.= the bank _pass-book_ should be taken to the bank whenever a deposit is made, as it contains the bank's receipt for all money deposited. = . indorsement of checks.= before a check can be deposited in the bank, it must be indorsed by writing the name of the payee across the back. the indorsement should be on the back of the left end of the check--never on the right end. several forms of indorsement are shown (p. ). when the name only is written, it makes the check payable to the bearer, and is known as a _blank indorsement_. when the words "pay to" are used, the check becomes payable to the one whose, name appears immediately under the words. it can only be paid to him in person or credited to his account at any bank at which he may deposit the check. a check indorsed with the words "pay to the order of" permits of a further transfer, and provides a receipt from the one to whom it is so indorsed. when a check is to be deposited, the proper indorsement is "for deposit only." this is of special importance when deposits are sent by messenger. such indorsements usually include the name of the bank, and are made with a rubber stamp. = . depositing cash.= it is a good plan to deposit all cash received and to pay all bills by check, except such small items as are paid from petty cash. by doing this, all transactions pass through the bank, providing a receipt in every case in the form of a canceled check bearing the indorsement of the payee. [illustration: endorsement] = . treatment of petty cash.= it is customary in business establishments to keep on hand a certain sum of cash out of which to pay items of expense such as office supplies, etc., when the amount is too small or it is not convenient to write a check. the best way to handle this is to draw a check for a certain amount, and keep this money separate from the cash received from day to day. at the end of the month, or sooner if the fund is low, draw a check payable to cash for the amount paid out and charge it to expense. this will leave the fund intact. _example_--we shall suppose the amount of petty cash to be kept on hand to be $ . ; and the amount paid out, $ . , leaving $ . on hand. a check will be made for $ . , to be charged to expense through the regular cash book. the cash will be drawn from the bank, and the amount added to the $ . , making a total of $ . . a record of petty cash is usually kept in a small book called a _petty cash book_. this book has the regular two-column journal ruling. in handling petty cash, great care should be taken to secure a receipt in some form for every payment. [illustration: a bird's-eye view of the beloit, wis., factory of the fairbanks-morse co.] sample transactions = .= the following sample transactions taken from the books of w. b. clark, ames, ia., illustrate the use of the papers and accounts explained in this section, and show how the transactions would appear on the books. mr. clark is a shipper of produce, and a retail dealer in coal. his assets and liabilities are as follows: assets cash in bank $ , . inventory, produce . " coal . geo. white--open account . f. h. russel " " . henry brown " " . o. l. duncan--note due dec. . $ , . -------- liabilities iowa coal co., des moines, open acct. $ . lehigh coal co., chicago, ill., open acct. . george hardy, open account . . -------- as he wishes to know how much business he is doing in each department of his business, he keeps accounts in the ledger with both produce and coal instead of one merchandise account. in the sales book, one column is used for coal sales, and one for produce sales. no purchase book is kept, all purchases being posted from the journal or cash book. --oct. -- bought from david andrews, for cash bu. potatoes @ . c $ . paid by check no. . -- -- sold to albert long on account tons run of mine coal $ . . -- -- received from geo. white on account cash . -- -- sold to taft produce co., des moines, on account bu. beans . . -- -- drew from bank for petty cash . check no. . -- -- sold to geo. hardy on account ½ tons nut coal . . gave him check no. . . -- -- gave to lehigh coal co., chicago. -day note . check no. . . -- -- taft produce co. paid sight draft through iowa national bank . -- -- accepted -day draft made by iowa coal co. . payable at ames state bank -- -- deposited in ames state bank draft iowa national bank . cash . -- -- paid for repairs to stove, cash . -- -- sold for cash, ½ ton egg coal . [illustration] [illustration] [illustration] [illustration] [illustration] [illustration] [illustration: accounting department in the new york office of j. walter thompson company] theory of accounts part ii classes of accounts = .= in double entry bookkeeping, the accounts used may be divided into the two general classes of _personal_ and _impersonal_. for the purpose of more complete classification, the second class is further subdivided into _real_, _representative_, and _nominal_ accounts. = . personal accounts.= a personal account is a record of transactions with a particular person or persons. _examples_-- a record of transactions with persons who buy goods from us. a record of transactions with persons from whom we buy goods. [illustration] = . real account.= a real account is a record of transactions with respect to a particular property. properties which we possess are termed _resources_ or _assets_; therefore all real accounts are also _asset accounts_. [illustration] _examples_-- real estate (land and buildings), machinery, furniture, merchandise, etc. = . representative account.= a representative account is a summary of all debit or credit transactions of a particular class with respect to several personal accounts. the debit or credit to this account completes the double entry, and illustrates the rule that in double entry there must be a credit for every debit. _example_-- we sell goods to a number of customers, and the amounts of these sales are debited to their several accounts. to complete the double entry, we credit the total amount of these sales to an account called _sales account_. the total credits to this account during any given period _represent_ the sales to all customers for the same period, and the sales account is a _representative_ account. the total debits to all customers' accounts for goods purchased in one month amount to $ , . . this amount is credited to the sales account. likewise the purchases for the same period amount to $ . , and the several amounts are credited to the personal accounts of those from whom the purchases were made, while a like amount is debited to a representative account known as a purchase account. [illustration] = . nominal account.= a nominal account is a record of transactions having to do with profit and loss; a record of a particular class of expenditures from which no direct returns are expected; any impersonal account which does not come under the classification of real or representative accounts. _example_-- we buy coal to be used in heating our building. the coal is not to be resold, but its use is necessary; it is one of the expenses of conducting the business, and we charge the amount to an _expense_ account. expense is a _nominal_ account kept for the purpose of showing the total expenses of the business. [illustration] = . merchandise account.= the merchandise account is a real account formerly much used, but discarded by modern accountants. when used, this account is debited with all purchases of merchandise and credited with all sales. the account is also charged with all goods returned by our customers, and credited with all goods which we return to those from whom we have purchased them. goods returned by our customers are charged at the prices at which they were purchased by the customers; consequently the debit side of the merchandise account does not furnish a true exhibit of our purchases; neither is the credit side a true exhibit of our sales. since the merchandise account furnished no valuable information, other accounts which exhibit more vital statistics have been substituted. = .= _purchase account_ is one of the accounts substituted for the merchandise account. this account is charged with all purchases as represented by the footings of the purchase book or purchase journal. this completes the double entry, the separate purchases having been credited to the personal accounts of those from whom the goods were purchased. all returns or other similar deductions allowed on purchase invoices are charged to those from whom the purchases were made and credited to purchase account. the balance of the purchase account then shows the total net purchases. = .= _sales account_ takes the place of the credit side of the merchandise account. all sales as shown by the footings of the sales book are credited to the sales account, completing the double entry. all returns and allowances are likewise charged to the sales account. the balance of the sales account shows total net sales. sample transactions = .= the following transactions, properly recorded in journal sales book, purchase book, and ledger, demonstrate the uses of the merchandise, purchase, and sales accounts explained in the preceding paragraphs: --sept. -- bought from american furniture co., grand rapids #four-drawer v f cabinets $ . $ . # card sections . . # top . # base . $ . ------ -- -- bought from morgan printing co., chicago , # plain ruled # cards . . , # ledger " # " . . , # " " # " . . . ------ -- -- sold to ackers & co., randolph st. # sections . . # top . # base . . ------ -- -- sold to thompson & co., monroe st. , # plain ruled cards . . -- -- received from ackers & co. # section . (damaged) -- -- shipped to american furniture co. # section . (received in bad order) in the first demonstration, the footings of the sales and purchase books, as well as the returns entered in the journal, are posted to a merchandise account. it will be noted that the debit side of the merchandise account does not represent the actual purchases, and the credit side does not represent the sales. in the second demonstration, the purchase and sales accounts are used. total sales are credited to sales account from purchase book, and returns credited from the journal. the balances of these accounts show actual net purchases and sales. [illustration] [illustration] [illustration] classes of assets = .= asset accounts are accounts representing resources or assets of the business. assets are classified as _fixed_; _active_ or _floating_; _passive_ or _speculative_; _fictitious_. _fixed assets_ are those permanent forms of property which are a necessary part of the equipment used for conducting the business--such as real estate, buildings, machinery, etc. _active_ or _floating assets_ are those forms of property of which the quantity in our possession varies from day to day--as merchandise, accounts, cash, etc. _passive_ or _speculative assets_ are those (_a_) whose values are not readily determined, or (_b_) whose values are subject to market fluctuations--as, for example, (_a_) franchises, copyrights, patents; (_b_) stocks, bonds, or other speculative securities. _fictitious assets_ are those which are not represented by tangible property, or which are of value to a going business but would have no market value if the business were closed out or liquidated. these assets are frequently represented by an expense account on the books. the initial advertising expense necessary to launch the business successfully is frequently carried on the books as an asset. the amount of such advertising expense is spread over a stated period, a certain proportion being charged into the regular expense accounts each year until the entire amount is used. = . examples of fixed assets.= the assets of an ordinary mercantile business are of the first two classes only--fixed and floating. the most common forms of fixed assets of such a business are: _real estate_--generally understood to include land and buildings owned and used in the business. _furniture and fixtures_--represented by office and store furniture, shelving, counters, stoves, furnaces or other heating appliances, lighting fixtures. _horses and wagons_ or _trucks_--including all horses, wagons, trucks, harness, or motor-cars used for hauling goods. if the business is one in which these classes of property are dealt in, they become active assets. land, for example, would be one of the _active_ assets of a business organized to buy and sell real estate. = . examples of floating assets.= the active or floating assets of a mercantile business are: _merchandise_--meaning the stock in trade or goods dealt in. _accounts_--the open accounts of customers who owe for goods purchased. _notes_ or _bills receivable_--all outstanding notes payable to the firm. _cash_--the amount of cash on hand and in the bank. = . examples of passive assets.= passive or speculative assets are more frequently found on the books of a manufacturing business, a corporation, or a business a part or whole of which has been sold by the original owners. examples of these assets are: _patents_--a manufacturer owns a patent the value of which depends upon future profits resulting from the manufacture and sale of the article which it covers. it is customary to place a value on the patent, and to consider it an asset of the business. _good-will_--a man has established a business which has become extremely profitable, and in selling the business he places a certain value on the reputation or goodwill which he has built up. _speculative_--a firm having a surplus not required in the business sometimes invests it outside of the business with the expectation of realizing a profit by selling at an advanced price. they buy grain or provisions, mining or railway stocks, etc. or an investment may be made in the stock of some manufacturing business to be established in the town, because such an enterprise, if successful, will naturally result in an increase in their own business. = . examples of fictitious assets.= fictitious assets are seldom found on the books of other than corporations where a large initial promotion expense is involved. a good example of a fictitious asset is: _advertising_--a business house may decide on an average annual expenditure for advertising; but to be effective, the expenditures for the first two or three years may necessarily exceed this amount. the excess is considered as an investment since it is expected that as the business becomes firmly established the annual expenditure can be reduced to an amount even less than that estimated, gradually reducing the amount carried on the books as an asset. to illustrate: annual advertising appropriation for ten years is $ , . . expended first year $ , . deduct appropriation , . ---------- to advertising inventory , . expended second year , . deduct appropriation , . ---------- to advertising inventory , . expended third year , . deduct appropriation , . ---------- to advertising inventory . appropriation fourth year , . expended " " , . ---------- to credit advertising inventory , . appropriation fifth year , . expended " " , . ---------- to credit advertising inventory , . appropriation sixth year , . expended " " , . ---------- to advertising inventory . appropriation seventh year , . expended " " , . ---------- to credit advertising inventory , . appropriation eighth year , . expended " " , . ---------- to credit advertising inventory , . appropriation ninth year , . expended " " , . ---------- to credit advertising inventory , . appropriation tenth year , . expended " " , . ---------- to credit advertising inventory , . ---------- ---------- $ , . $ , . revenue accounts = .= the term _revenue_ (synonymous with _income_) is used to designate those items which, when brought together in an account, exhibit the profit or loss of the business. _revenue receipts_ are the receipts which originate exclusively from the sale or exchange of the commodities or things of value for the handling of which the business has been organized. _revenue expenditures_ are those expenditures connected with the expense of operation or administration of a business, including such items of expense as postage, printing, salaries, rent, etc. _revenue accounts_ is a term used to designate those accounts that represent revenue receipts or revenue expenditures. = . revenue receipts.= the account representing revenue receipts in all lines of business (though it may sometimes be known by another name) is the _sales account_--a representative account showing net sales. net sales, less cost of goods sold, represent gross profits. gross profits, less cost of conducting the business (revenue expenditures) represent net profits. = . expense.= the broad term _expense account_ represents all revenue expenditures; but in modern bookkeeping the amounts of the different classes of expense are kept separate as far as possible. some of the most commonly used divisions of expense are: rent; insurance; taxes, interest and discount; out freight and express; heat and lights; labor; salaries, etc. it is customary to open one account in the name of _general expense_, to care for expenditures not included in special accounts. = .= _insurance_--a nominal account to which is charged all sums paid to insurance companies (called _premiums_), in consideration of which our property is insured against loss by fire, cyclones, or other disaster. = .= _rent_--a nominal account to which is charged all sums paid for use of property which we rent or lease from others for the benefit of our business--usually the buildings in which our business is transacted or in which our goods are stored. = .= _taxes_--a nominal account to which are charged all taxes and license fees paid on account of property owned or business transacted. = .= _interest_--this is a nominal account which should include only interest charges paid or interest earned on account of capital. when we borrow money or discount a note, we do it because we need cash capital, and the interest paid is a capital expense or a direct source of loss. exchange charged for the collection of notes and drafts belongs in the same class. all interest paid for the use of money, and exchange paid for the collection of notes, drafts, and checks, should be debited to interest account. when we save the discount by prepayment of bills, the discount is earned by the use of capital. all such earnings are a direct source of profit and should be credited to interest account. discount paid on notes is interest paid in advance, and should not be confused with discounts allowed to customers for the prompt payment of bills; the latter is a reduction in the price received for our goods, and reduces trading profits. this question is discussed under the head of _cash discounts_. = .= _out freight and express_--a nominal account which is debited with all transportation charges paid on goods that we ship, whether sales are made at delivered prices or freight is paid as an accommodation to the customer. when goods are sold at f. o. b. prices, and the freight is paid by us as an accommodation to the customer, out freight should be credited and the customer debited. this should not be confused with _in freight_, or freight paid on goods received, as such charges add to the cost of the goods and should be charged to the account representing that particular class of goods. = .= _heat and light_--this account is debited with all sums paid for fuel, heating bills, lighting bills, and lighting supplies. = .= _labor_--a nominal account which is debited with all sums paid as wages to mechanics or laborers employed by the business. = .= _salaries_--a nominal account which is debited with all salaries paid to managers, salesmen, clerks, and others employed in the administration of the business. rules for journalizing = .= journalizing is one of the most important operations in bookkeeping, since journalizing a transaction involves the selection of the proper accounts to be debited and credited completing the double entry. with the use of separate sales and purchase records, the journal itself is used principally for those entries involving a transfer of values from one account to another. these are frequently referred to as _cross entries_. the number of possible entries of this class is practically unlimited, and they require careful study on the part of the bookkeeper. rules for journalizing are frequently referred to in bookkeeping textbooks; but, since the custom of journalizing every transaction is now obsolete, the term is no longer sufficiently descriptive. a better term to use would be _rules for debit and credit_, for it is the rules of debit and credit that must be followed when a journal entry is to be made. [illustration] = . three-column journal.= a three-column journal suitable for a small business is shown above. the third column is used for sales only, while the first two columns are used for regular journal entries. the use of the column for sales answers the same purpose as a sales book, and total sales are posted to the credit of sales account at the end of the month. sample transactions = .= for the purpose of demonstrating the principles of debit and credit as exemplified in the journal, the following transactions except those involving cash are _journalized_ in a three-column journal. the third column is used for sales, and it is to be understood that a cash account is kept in a separate cash book. --april -- sold to hiram watson on account # gran. sugar ½c. $. bars soap . # starch . cans corn . $ . ---- -- -- paid electric light bill--cash . -- -- sold for cash sundry merchandise . -- -- bought from eureka milling co. on account bbls. xxx flour . . -- -- sold to j. l. jarvis on account ¼ bbl. flour . # butter . . # coffee . # lard . . . ---- -- -- bought from j. l. jarvis on account fire insurance on stock and fixtures, $ , . for one year from date . -- -- paid eureka milling co. cash . -- -- sold to j. l. jarvis on account # cheese . doz. eggs . # baking powder . bu. potatoes . . . ---- -- -- bought from atlas safe co. on account office safe . paid cash for repairs to door lock . sold for cash sundry merchandise . [illustration] [illustration] examples for practice . after you become familiar with each entry and the nature of the accounts to be debited or credited, journalize the transactions given in article , then compare with the model journal, and see if your work is correct. . journalize the following transactions: --april -- bought from david cole & son on account bbls. flour at $ . $ . -- -- sold to l. h. stebbins on account bbls. flour at . . -- -- sold to henry waterbury on account bu. beans . . " oats . . -- -- paid to david cole & son cash on account . gave them my note for days . -- -- received note from l. h. stebbins for days to balance account . -- -- paid cash for harness oil . -- -- henry waterbury paid cash on account . rules for posting = .= the act of transferring all items from the journal, sales book, purchase book, cash book, or other books to the ledger is called _posting_. all items relating to one account are posted to that account in the ledger; thus all sales are posted to the sales account, and all transactions with a person are posted to the account of that person. every debit must be posted to the debit side of the corresponding account in the ledger. = . routine.= the first operation in posting is to open an account in the ledger by writing the name of the account on the line at the head of the ledger page. the month and day are then written in the date column; the page of the book from which the item is posted is written in the folio column, and the amount is placed in the money column. the final operation is to place the number of the ledger page in the folio column of the book from which the item was transferred, directly opposite the item posted. =posting from journal.= in posting from the journal, all items in the left or debit columns are posted to the debit side of the corresponding ledger accounts, while all items in the credit column are posted to the credit side of the ledger accounts. the first item in the journal in the preceding section is a debit to hiram watson, amount $ . . it is necessary to open an account in the ledger, which is done by writing hiram watson's name at the head of the page, above the date column on the left side of the page; in the date column we write the date, april ; in the folio column we write the journal page, : and in the money column we write the amount, $ . . the number of the ledger page is now written in the folio column in the journal, directly opposite the name of hiram watson. the second transaction recorded in the journal is a purchase which makes it necessary to open a purchase account in the ledger, to which is debited the amount of the purchase $ . . the first transaction recorded in the journal is a sale, therefore the credit is to the sales account. since we are placing all sales in a special column, the amount will not be posted until the end of the month, when the total sales will be posted to the credit of the sales account as one item. in the second transaction, the credit is to a personal account, and we open an account in the ledger with eureka milling co., following the same routine in posting as with debit items, except that the item is posted to the credit side of the account. =posting from cash book.= when posting from the cash book, it must be remembered that all items on the left-hand page (which debit cash) must be posted to the credit of some other account; and that all items on the right-hand page (which credit cash) must be posted to the debit of an account in the ledger. why cash received is entered on the left-hand page of the cash book, and cash paid out on the right-hand page, is a point not always clear to the bookkeeper. to obtain a clear view of this point, it should be remembered that the cash book is nothing more or less than a ledger account with cash, and cash received is entered on the left-hand page (or debit side) for the reason that any account is debited for what is received or is added to it. we sell merchandise, for example, and the person is debited because he receives it. we buy real estate; the real estate account is debited because our real estate possessions are added to. broadly speaking, we (the business) receive the real estate; but, instead of charging the amount to ourselves (the person), we charge it to _real estate_, that we may know the amount of our real estate investment. a customer pays us cash; cash is debited because our cash possessions are added to. we might charge the amount to our account; but we prefer to charge it to a cash account that we may know how much cash we have on hand. we pay out cash; cash is credited because cash has gone out of our possession. the main point of difference is that we post to other ledger accounts direct from the cash book, which is itself a ledger account, instead of journalizing cash transactions. if cash transactions were journalized-- cash to person person to cash the amounts would be posted to the debit or credits of the cash account in the ledger; but for convenience we keep the cash accounts in a separate book. journalizing a few of the transactions given will clearly demonstrate the point. trial balance = .= a _trial balance_ is a list of the balances of all accounts remaining open in the ledger, together with the balance shown by the cash account. on journal paper, all open accounts are listed by name; the debit balances are placed in the debit column, and credit balances are placed in the credit column; the pages of the ledger are placed in the folio column, opposite the names of the account. both debit and credit columns are footed, and the footings of the two columns should agree. a trial balance is taken for the purpose of testing the accuracy of the postings to the ledger; to find out if the ledger is in balance. the trial balance can be taken without considering the balances, by taking the total debit and credit items posted to all open accounts. while the trial balance shows that for every debit posted to the ledger a corresponding credit has also been posted (double entry principle), it does not absolutely prove the accuracy of the work. if a debit item of $ . were posted to the debit of the wrong account, it would not affect the balance of the ledger; but if the item were posted to the credit instead of to the debit of the account, the ledger would be out of balance and the amount that it was _out_would be shown by the trial balance. classification of accounts = .= the arrangement of the accounts in the ledger is of considerable importance. since one of the objects of bookkeeping is to exhibit the standing or condition of the business, the accounts should be classified in a manner that will make easiest the assembling of important statistics. the accounts in the ledger represent either _assets_ (resources), _liabilities_, _profits_ (gains), or _losses_. every account having a debit balance represents either (_a_) an asset or (_b_) a loss. (_a_) a personal account having a debit balance represents an asset; (_b_) any expense account having a debit balance represents a loss, as it reduces the chance for profit. every account having a credit balance represents either (_c_) a liability or (_d_) a profit. (_c_) a personal account having a credit balance represents a liability--that is, something we owe; (_d_) a sales account having a credit balance represents a profit because it increases our chance of gain. [illustration: office of the registrar, american school of correspondence] = . arrangement in ledger.= the foregoing classifications should be kept in mind in arranging the accounts in the ledger. first provide space for the asset and liability accounts; then follow with the profit and loss (or revenue) accounts. as far as possible, keep all asset accounts together, following the same plan with liability and profit and loss accounts. the accounts are arranged in the trial balance in exactly the same order as they appear in the ledger; and if correctly classified they will show at a glance the assets (except inventories of merchandise) and liabilities of the business. likewise the profit and loss accounts (also known as revenue accounts--see article ) will show total sales, purchases, and expense of conducting the business. sample ledger accounts = .= the ledger accounts shown on pages - , representing the transactions given in the preceding set of sample transactions, demonstrate the proper arrangement of accounts, manner of posting, and the trial balance. examples for practice . from the copy of the journal (article ) which you have made, post the transactions to the ledger. . post the transactions from the journal you have made (exercise , preceding section) to the ledger. . make a trial balance of the ledger accounts. [illustration] [illustration] treatment of cash discounts = .= _cash discounts_ are discounts allowed for prepayment of bills. they are frequently confused with bank discounts (or interest collected in advance when notes are discounted), but are of an entirely different character. when the price is made, the profits are calculated with the idea that the customer may take advantage of the cash discount; that is, the price after the discount is deducted includes a legitimate profit. we cannot debit the customer with the amount of the bill less the discount, for we do not know that he will take advantage of the discount; and so, the charge to the customer and credit to sales account is an amount which may never be received. if the bill is paid less the discount, the amount deducted reduces our profit on the sale. it is not an allowance for the use of capital, for we can probably borrow money at per cent, while the discount may be per cent or more for anticipating payment days or less. = . discounts allowed.= cash discounts allowed must eventually come out of the profits arising from the sale of the commodities in which we are trading. there are two methods of charging cash discounts, either of which is considered correct: ( ) open an account called _discounts on sales_, and charge to it all discounts allowed for the prepayment of bills. when the books are closed, the total will be charged against trading profits. this method is coming into general use, and may be considered standard. ( ) charge to _sales account_ directly all discounts allowed, treating them as allowances. the balance of the sales account will then represent net sales after returns, rebates, and cash discounts have been deducted. one feature to recommend this plan is that sales account does not show a fictitious volume of sales. = . entering cash discounts in cash book.= when we receive payment from a customer who has deducted the cash discount, the discount must be taken account of in entering the payment, as the customer is to receive credit for the full amount. we might enter the cash payment in the cash book, and make a journal entry of the cash discount, but this would necessitate two postings from separate books. a better method, and one which has become standard, is to provide a _cash discount column_ in the cash book. when a column has not been provided for this purpose, a narrow column can be ruled in on the cash received or debit side of the cash book. this is carried as a memorandum until the end of the month, when the total is posted to the debit of discount on sales. two ways of making the entry are shown (p. ). in example no. , the cash discount is entered in the discount column, and the net cash received is entered in the cash column. when the payment is posted, two entries are made in the ledger. one advantage in this is that reference to the account of r. l. brown & co. shows at a glance whether they are taking advantage of cash discounts. in example no. , the cash discount is entered in the proper column, but the gross amount is entered in the cash column. the payment is then posted in one item, and reference to the ledger account does not show whether the payment of $ . is all cash or part discount. it is necessary, also, to deduct the footing of the discount column from the footing of the cash column to ascertain the amount of cash received. for these reasons the method shown in example no. is recommended. = . cash discounts earned.= when we take advantage of the discount offered for the prepayment of bills, the discount earned can be considered a legitimate source of profit. our own selling prices for goods purchased to be resold are based on the prices at which they are billed to us, without considering a possible saving by discounting our bills. whether or not we discount our bills is largely a question of capital, and such earnings are legitimate profits entirely outside of regular trading profits. discounts earned should be treated as interest earned and credited to interest account, from which they will find their way into profit and loss account. [illustration] profit and loss = .= the _profit and loss account_ is a summary account made up of the balances of all income and expenditure (revenue) accounts in the ledger, the balance of this account representing the _net loss_ or _net gain_ of the business. it is advisable to show the net profits for each year; and to accomplish this, it is customary to transfer the balance of profit and loss account at the end of the year. in single proprietorships and partnerships, the net gain is transferred to proprietor's or partner's investment accounts, while in a corporation it is usually transferred to a surplus account. a loss is transferred to a deficiency account. = . trading account.= this is a subdivision of profit and loss account intended to exhibit the gross profit derived from the manufacture or purchase and sale of goods in which the business is organized to trade. these profits are known as _trading profits_. just what items of income and expenditure enter into trading profits or losses is an important question in the science of accounts. a safe rule to follow is to debit trading account with the cost of goods sold, including cost of preparing them for sale. in a manufacturing business the cost represents cost of raw materials and cost of manufacture. credit the account with net income from sales, arrived at by deducting from gross sales all returns, allowances, rebates, and cash discounts. all expenses incurred in selling the goods, and all expense of administration of the business, should be charged to profit and loss account proper. all profits arising from other transactions than trading should be credited to profit and loss. these include interest received on past due accounts, on notes, or for money loaned; discount earned by the prepayment of bills; profits from the sale of real estate or any property other than that in which the business is trading. =trading account, how constructed.= the trading account is made up by charging total inventory at the beginning of the year and purchases during the year; crediting net sales and inventory at the close of the year, the balance representing the gross profit. [illustration] =turnover.= it is desirable to know the cost of goods sold. this is known as the _turnover_, on which percentages of profit are based. the turnover may be found by deducting the present inventory from the debit side of the trading account. [illustration] = . manufacturing account.= in a manufacturing business it is very desirable to know the cost to produce the goods; and for this purpose a subdivision of profit and loss, called _manufacturing account_, is used. the manufacturing account is debited with inventory of materials at the beginning of the year; purchases of material; labor or wages in factory, and all other expenses of manufacture; and credited with inventory of materials at the close of the year. the balance represents cost of manufactured goods to the trading division. the principal value of these subdivisions of profit and loss lies in the fact that they reveal not only the _amount_ but the _sources_ of profits and losses, which is one of the important functions of accounting. [illustration] the profit and loss account of a professional or other non-trading concern need not be subdivided as explained for a trading concern. in a non-trading business, all accounts representing revenue receipts or revenue expenditures are transferred direct to profit and loss account. = . transfer of gross profit.= the gross profit from trading is now transferred to the credit of profit and loss account, and this account is debited with the balances of all revenue expenditure accounts. continuing the illustration from article , we have: [illustration] = . transfer of net profit.= the net gain is transferred to the credit of proprietor's account in a single proprietorship. [illustration] merchandise inventory account = .= the accounts now open in the ledger, other than proprietor's account, exhibit all assets and liabilities of the business with the exception of the present inventory, which is included in the trading account. the amount of the inventory is transferred to the debit of a merchandise inventory account. [illustration] the books are now said to be _closed_, there being no open accounts except those representing assets or liabilities of the business. balance sheet = .= a statement of the assets and liabilities of a business is called a _balance sheet_. if the assets exceed the liabilities, the difference is the _present worth_. if the liabilities exceed the assets, the business is _insolvent_, and the difference or balance shows the amount of insolvency. the balance sheet is prepared from the ledger balances after the books have been closed. in arranging the accounts on a balance sheet, the assets should be listed first, followed by the liabilities. the balance will agree with the balance shown in the proprietor's or investment account. for the business of a single proprietor, it is customary to list the accounts in the following general order: _first_--cash in bank and office. _second_--open accounts and bills receivable. _third_--merchandise per inventory, store fixtures, etc. _fourth_--real estate. the first two classes are termed _active_ or _quick_ assets, as they can be most readily converted into cash. the liabilities represented by credit balances, are listed in the order of their urgency: _first_--open accounts due others. _second_--bills payable. _third_--mortgages or bonds payable. the third class represents secured liabilities, while the first two represent unsecured liabilities. continuing the previous illustration, we find the balance sheet of our imaginary ledger to be as follows: [illustration] sample transactions = .= at the end of the first year, the trial balance of a single proprietorship was as follows: debit balances bank account $ . sundry open accounts receivable , . bills receivable . furniture and fixtures . cash in office . purchases , . expense . discount on sales . interest . -------- , . credit balances proprietor (investment) , . bills payable , . sundry accounts payable , . sales , . -------- $ , . the inventory at the end of the year was $ , . ; at the beginning of the year, there was no merchandise in stock. the books are to be closed into trading and profit and loss, and a balance sheet prepared. when closing the books, all entries necessary to adjust the balances of ledger accounts should be made through the journal. when an audit is made, it is difficult to trace the entries unless they are plainly stated in one group, which is provided when they are made in the journal. the making of entries in the ledger directly, also increases the opportunity for fraudulent entries. _never make original entries in the ledger._ example for practice from the following trial balance prepare trading account; profit and loss account; and balance sheet. trial balance proprietor (investment) $ , . bills payable , . accounts payable , . bank $ , . accounts receivable , . bills receivable , . merchandise inventory , . furniture and fixtures . purchases , . expense , . discount on sales . interest . sales , . cash . ---------- ---------- $ , . $ , . inventory at end of year $ , . . [illustration] [illustration] [illustration] [illustration] [illustration: cashier terminal, lamson motor-driven cable cash carrying system for dry goods, general, or department stores lamson consolidated store service co.] journalizing notes = .= when a note is received by us or we give our note to another, it is necessary to make a journal entry in order that there may be a proper record of the transaction on our books. careful study is sometimes necessary to determine just how the entry should be made, and the following illustrations will serve as a guide. = . when received.= when we receive a note, we debit bills receivable and credit the maker--that is, the person who gives us the note. we receive a note from samuel smart for $ . payable in days. the journal entry is: bills receivable $ . samuel smart $ . -day note dated sept. = . when paid.= when this note is paid, we debit cash and credit bills receivable. the entry is made in the cash book on the debit side which debits cash and credits bills receivable. bills receivable samuel smart's note $ . due oct. th = . when collected by bank.= perhaps the note was collected through our bank; in that case, the bank, instead of sending us the cash, will credit the amount to our account. the bank may, also, charge a small fee for collecting the money; consequently the amount placed to our credit will be the sum collected, less their fee. the entry in the journal would then be: bank $ . interest and discount . bills receivable $ . smart's note due oct. th collected by bank. = . when discounted.= at the time we received samuel smart's note, we may have needed the money for immediate use in our business. we would then take the note to the bank, endorse it payable to the bank, when they would discount it, giving us credit for the net proceeds. since the money is advanced to us, the bank would charge us interest for its use, which amount would be deducted from the whole amount, leaving the net proceeds. this amount would then be available for immediate use. the note is then the property of the bank; it has gone out of our possession and we have received the cash. the note is not paid, and in discounting it we have created a liability to the bank. remembering that one of the functions of bookkeeping is to exhibit the true nature of our assets and liabilities, we open a _bills discounted_ account in the ledger. the entry is: bank $ . interest . bills discounted $ . discounted smart's note due oct. th. = . when a note drawing interest is discounted.= the above transaction presupposes that the note is given _without_ interest; but if it were given _with_ interest, the bank would simply add the interest to the principal and deduct the discount from the total. in the case the sum of the principal and interest ($ . + . = $ . ) is $ . , and the discount $. , which would leave $ . as the net proceeds. if the amount of the note were larger or the interest was figured for a longer time, it would make a difference. suppose the amount of the note to be $ , . , time days, interest % per annum. principal $ , . interest days . total $ , . less interest on $ , . for days . ---------- $ , . since the net amount realized is less than the face of the note, we need not consider the interest earned, but the entry would be: bank $ , . interest and discount . bills discounted $ , . = . when a note drawing interest is paid.= but suppose samuel smart's note is $ . for days, with % interest, and that the note is kept by us and the money is paid directly to us when due. we shall then receive the interest, in addition to the face of the note, making a total of $ . . the entry would then be made in the cash book on the debit side, and would be: bills receivable $ . interest and discount . samuel smart's note due oct. , paid to-day. = . when a discounted note is not paid.= when we discounted samuel smart's note of $ . for days without interest at the bank, we were obliged to endorse it, which had the effect of a guarantee of payment. if not paid when due, the amount would be charged to our account at the bank. the note would again come into our possession, and the amount must be debited to some account, the credit being to the bank. we have previously credited the amount to bills discounted, and our entry is: bills discounted $ . bank $ . samuel smart's note not paid at maturity. but suppose the transaction to have been the one described in article . the note returned to us is $ , . , that being the amount of principal and interest. our bills receivable and bills discounted accounts show the item as $ , . only. therefore we must include the $ . in our adjusting entries which will be: bills receivable $ . interest added to smart's note not paid when due bills discounted $ , . bank $ , . smart's note not paid at maturity. = . when a note is past due.= the above entries leave this unpaid item in the bills receivable account. if the business is one in which a large number of bills are discounted, it will be advantageous to show past due bills receivable by themselves, leaving bills receivable account to represent only paper not due. the entry for a bill unpaid at maturity would be: bills receivable past due $ , . bills receivable $ , . smart's note past due. = . when a note is renewed.= we shall now suppose that samuel smart finds that he will be unable to pay his note when due. he comes to us and offers a new note for days, which we accept. he prefers to add the interest due on the original note to the principal, and makes his note for $ . . we then return the original note and the entry is: bills receivable $ . interest and discount . bills receivable $ . new note given by samuel smart to cover note due oct. , with interest. the effect of this transaction is that we have received a new note for $ . , and we debit bills receivable. this new note pays an older one which goes out of our possession, so we credit bills receivable. the amount of the new note includes the interest on the old, and we credit interest. we might have gone about this in a roundabout way by making these entries: _to cancel the old note:_ samuel smart $ . bills receivable $ . interest, and discount . note due oct. th. _to enter the new note:_ bills receivable $ . samuel smart $ . new note days to take up note due oct. th. these entries would leave the accounts in exactly the same condition as our first entry, and would serve no useful purpose. this is given as an illustration of how several entries may be made when the transaction could be as clearly explained in one. = . when renewed note has been discounted.= if the note which samuel smart has renewed has been discounted at the bank, we must reimburse the bank in some manner before we can obtain possession of the original note. the most simple way to handle this transaction will be to give the bank our check to pay the note. the entry is: bills discounted $ . interest and discount . to bank $ . gave check to take up samuel smart's note. we shall then treat the new note as previously explained. if, after getting it recorded on the books, we wish to discount this note, the entries will be exactly the same as when we discounted the original note. = . when we give or pay a note.= when we give our note, the effect of the transaction is just the opposite of the receipt of a note. instead of adding to one class of our resources we are increasing one class of our liabilities, in return for which we either receive something of value or reduce our liabilities of another class. when we give our note in payment of a loan, we receive cash; if we buy goods and give a note in payment, we receive merchandise; if we give a note in payment of an account, we simply reduce our liabilities of one class and add to those of another. the entries necessary to properly record transactions involving notes given or bills payable, are not so complex as is the case with transactions involving bills receivable. the following illustrations cover transactions likely to arise in the average business: we give our note for $ . payable in days, without interest, to western grocer co. in settlement of an account. the entry is: western grocer co. $ . bills payable $ . note days without interest when we pay the note the entry is: bills payable $ . bank $ . check to western grocer co. to pay note due oct. . = . when our note has been discounted.= the western grocer co. has either discounted the note or placed it in the bank for collection, and it is presented for payment by the merchants bank. we give them a check in payment, and the entry is: bills payable $ . bank $ . check to merchants bank to pay our note to western grocer co., due oct. . the entry in this case is the same as in the previous illustration, with the exception of the explanation. = . when we pay our note with interest.= we give our note to western grocer co. for $ . payable in days, with interest at %. we pay the note by check, and the entry is: bills payable $ . interest and discount . bank $ . paid western grocer co. note due oct. , by check no. . = . when we discount our note.= we wish to borrow $ . from the bank, and give our note for the amount, payable in days. the bank discounts the note, placing the proceeds to our credit. the rate of interest charged is %. our entry is: bank $ . interest and discount . bills payable $ . note for $ . , days discounted at bank. = . when we pay for goods with our note.= we buy goods from michigan milling co. to the amount of $ . , and tender our note at days with interest, in payment. this makes it unnecessary for us to open an account with michigan milling co. and the entry is: purchases $ . bills payable $ . invoice # from michigan milling co. gave note for days with interest at %. = . when we renew a note.= when this note is due, we find it inconvenient to pay, and give a new note for days, adding the interest now due to the face of the original note. the amount of the new note is $ . , and the entry is: interest and discount $ . bills payable . bills payable $ . new note given michigan grocer co. to renew note due oct. , $ . , interest $. , days, with interest. = . when we renew our discounted note.= when our note given to the bank is due, we find it inconvenient to pay the entire amount. we give the bank a check for $ . , and a new note at days for the balance. the bank always collects interest in advance, so we shall be obliged to give them our note for $ . plus the interest, or $ . . in effect, the bank discounts our note for $ . , the proceeds, $ . , paying the balance of our note now due. the entry is: bills payable $ . interest and discount . bank $ . bills payable . gave check for $ . to apply on note due at bank to day. discounted new note for $ . , payable in days. journalizing drafts = .= when a draft has been accepted, it should be treated the same as any other form of bill receivable or bill payable. if we make a draft on a customer, which he accepts, it becomes a bill receivable. if we accept a draft drawn on us, it becomes a bill payable. sight drafts are frequently made use of as a convenient means of collecting an account. such drafts are taken to our bank for collection, but they do not give us credit for the amount until the draft is paid. drafts of this kind, which are placed with the bank for collection only, are not treated as bills receivable, as we do not credit the account of the one on whom it is drawn until payment is received. = . when our sight draft is paid.= we draw on samuel smart at sight for $ . through our bank. when paid, we receive credit at the bank for the amount, less collection charges. the entry in our journal is: bank $ . interest and discount . samuel smart $ . paid sight draft = . when discounting time draft.= samuel smart owes us $ . , and while the amount is not due for days, we have reason to believe that he will accept a draft payable in days. we accordingly draw on him through our bank. our reason for doing this is that his acceptance will be a promise to pay, and our bank will then discount the draft. the draft is accepted, and our bank notifies us that the proceeds have been placed to our credit, the draft being discounted at %. the entries are: bills receivable $ . samuel smart $ . samuel smart accepted our -day draft bank . interest and discount . bills discounted $ . discounted samuel smart's -day acceptance. = . when we accept.= when we accept a draft payable at a future date, it immediately becomes a bill payable and should be so treated. we accept the -day draft of the western grocer co. for $ . . our journal entry is: western grocer co. $ . bills payable $ . accepted -day draft. = . when we pay an acceptance.= when this draft is due, we pay it, giving our check to the bank. the entry is: bills payable $ . bank $ . gave check to pay draft of western grocer co. = . when we pay a sight draft.= instead of accepting a time draft, we pay a sight draft of western grocer co. for $ . . in this case it has not become a bill payable, and our entry is: western grocer co. $ . bank $ . check to merchants bank to pay sight draft. =examples for practice= the following examples are to be journalized by the student after he has become thoroughly familiar with the transactions previously explained: --nov. -- received from jackson & co. their note for $ . without interest, payable in days, in full settlement of account. --nov. -- received from david newman his note for $ . with interest at %, payable in days, in settlement of account. we discounted this note at first national bank. --nov. -- paid our note given oct. , to national spice co., amount $ . with interest at %. this note was paid by check # to mechanics bank. --nov. -- bought from valley mills on our note for days with interest at %, bbls. flour at $ . per bbl. --nov. -- discounted our note for $ , . , days, at first national bank. --dec. -- jackson & co., paid their note due to-day, $ . . --dec. -- david newman paid $ . on his note due to-day. gave new note for balance due, payable in days with interest at %. --dec. -- paid our note to valley mills by check # . --dec. -- paid $ . on our note to first national bank by check # . gave new note for $ payable in days, interest at %. --dec. -- andrew white paid sight draft, $ . , through first national bank, exchange $. . --dec. -- j. d. jenks accepted our -day draft for $ . , which we discounted at first national bank at %. --dec. -- accepted a -day draft for $ . drawn by eastern woodenware co. --dec. -- gave first national bank our check for $ . to pay -day draft of farwell & graves accepted by us oct. . --dec. -- gave first national bank our check for $ . to pay sight draft of dun & co. [illustration: accounting department, swift & company, chicago] single proprietor's and partner's accounts retail business = .= in this section we demonstrate complete sets of books for a retail business, showing every necessary step in bookkeeping from the opening of the business. the first set represents a small business in which the simplest methods are adequate. the business is owned by a single proprietor who opens a retail grocery store. = . opening the books.= remembering that bookkeeping is the art of recording the transactions of a business, the first thing to be done is to make the proper opening entry of the books. being the opening entry, it should record the first fact of importance, which is that the business has been opened. since bookkeeping should exhibit the exact financial standing of the business, the next step will be a complete statement of assets and liabilities. it is customary to make this opening entry on the first page of the journal. the entry should be a plain statement of facts which can be readily understood by anyone. = . books used.= in this set, the books used are journal, cash book, and ledger. in addition a _counter book_ or _blotter_, corresponding to a day book, is used. this is a rough book in which are recorded sales on account, cash purchases, and sometimes payments on account. the entries are merely memoranda of transactions, made when they occur, to be later entered in the regular books. no bookkeeper being employed, it would be inconvenient for the proprietor or his clerk to go to the desk and make a detailed entry every time a sale is made, and so the transaction is entered in pencil in the blotter. bookkeeping records must be permanent, and should always be made in ink; and it is advisable, when possible, to have all entries made in one handwriting. a sample page of the blotter, which illustrates its use, is shown (p. ). the marks // indicate that the item has been transferred to journal or cash book. = .= the ledger used is one with journal ruling. in posting, each item is entered in the ledger. this is a very satisfactory plan for a small business, as the items of which each charge is composed can be seen at a glance. more space is required for an account, but the saving in time in making statements is a distinct advantage, especially when the proprietor is his own bookkeeper. with the ordinary style of ledger, it is necessary to refer to books of original entry to find the items. [illustration: ledger with journal ruling] = . statements.= customers frequently request detailed statements of account which will give full particulars of each transaction, including each item. at other times the proprietor sends statements to his customers, with a request for payment. when this is done, it is not necessary to enter each item, a statement of the balance due being sufficient unless an itemized statement is requested by the customer. = .= the business is opened by william webster on the st day of november, -. he is to conduct a retail grocery business, and has rented a store from wm. bristol at a monthly rental of $ . . his resources consist of cash $ . ; merchandise, consisting of a miscellaneous stock of groceries, $ . ; personal accounts due him as follows: henry norton, $ . ; l. b. jenkins, $ . . his liabilities consist of two accounts due for goods purchased, as follows: brewster & co., rochester, n. y., $ . ; warsaw milling co., $ . . the opening entry, which furnishes a permanent record of these facts, is shown (p. ). = . proprietor's account.= the proprietor's account is an account representing capital when the business is owned by a single proprietor. when the business is started, this account is opened in the name of the proprietor (wm. webster, proprietor), and to it is credited his net investment. from time to time the books are closed and the proprietor's account then receives credit for the net profits or is debited with the net losses of the business. [illustration: day book] [illustration: opening entry in journal] [illustration: air-line meat-carrying system for a large retail market lamson consolidated store service co.] when the proprietor withdraws money or goods from the business for his personal use, the amount may be charged to his investment or proprietorship account, or to a personal account (wm. webster, personal) opened in his name. the latter method is recommended by some writers for the reason that the proprietor's personal expenses, or those of his family, are then separated from the expenses or capital expenditures of the business. as a customer of the business, he is placed on the same basis as any other individual. but the personal account must be closed some time; he must pay it in cash, or close it into profit and loss so that it finally operates to reduce his net investment. it appears, therefore, that the question whether withdrawals are charged to the investment or a personal account is largely a matter of personal preference. = .= the opening entries having been made, the books are now ready for the recording of the regular transactions of the business. the following transactions are shown in the model set, but the blotter is omitted, all transactions being entered in the journal and cash book. the sample page of the blotter described in article is sufficient to illustrate its use. sample transactions = .= --nov. -- sold to henry norton on account, # sugar . ½ $. cans corn . can peas . # rice . ------ . --nov. -- sold to john smallwood on account, # butter . # lard . doz. eggs . ------ . --nov. -- cash sales . --nov. -- sold to harry webster on account, bars lenox soap . pkg. gold dust . matches . ¼ bbl. flour . ------ . --nov. -- bought for cash doz. eggs . . --nov. -- cash sales . --nov. -- bought from h. klink & co., buffalo, n.y., on account, # hams . . # lard . ½ . ------ . --nov. -- sold to f. w. bradley on account, bu. potatoes . --nov. -- sold to c. d. glover on account, bbl. apples . gal. vinegar . ------ . --nov. -- cash sales . --nov. -- bought from john smallwood on account, bu. potatoes . . paid him cash . --nov. -- sold john smallwood on account, # cheese . bottle vanilla ext. . # coffee . # tea . ------ . --nov. -- sold to a. c. maybury on account, # royal baking powder . # corn starch . # soda . pkgs. jello . ------ . --nov. -- cash sales . --nov. -- paid brewster & co. cash . --nov. -- sold to l. b. jenkins on account, ½# pepper . ½# cloves . ¼ bbl. flour . ------ . sold to d. e. johnson on account, # ham . . --nov. -- received from henry norton cash . --nov. -- cash sales . --nov. -- sold to wm. bristol on account, # ham . . qt. bottle olives . # coffee . # sugar . ½ . ------ . --nov. -- credit wm. bristol month's rent . --nov. -- sold to c. d. glover on account, ¼ bbl. flour . # baking powder . cakes borax soap . ------ . --nov. -- paid clerk hire . --nov. -- cash sales . --nov. -- sold to h. n. shaw on account, bu. potatoes . doz. cans corn . ------ . --nov. -- sold to watkins hotel co., on account, bu. potatoes . . # lard . . # ham . ½ . ------ . --nov. -- cash sales . --nov. -- bought from lowell & sons # sugar . ¾ . gal. molasses . . ------ . --nov. -- bought from star salt co. bbls. salt . . --nov. -- sold to r. h. sherman on account, # coffee . # chocolate . qt. olive oil . ¼# ginger . ¼# pepper . pkg. mince meat . # lard . ------ . --nov. -- cash sales . --nov. -- received from f. w. bradley cash . --nov. -- paid warsaw milling co. cash . --nov. -- sold to john smallwood on account, bbl. salt . --nov. -- sold to d. e. johnson on account, # lard . . # baking powder . pk. apples . ------ . --nov. -- bought for cash bu. apples . . --nov. -- cash sales . [illustration: journal entrees recording all transactions] [illustration: journal entries recording all transactions] [illustration: journal entries recording all transactions] [illustration: cash book] [illustration: journal ruled retail ledger] [illustration: journal ruled retail journal] [illustration: journal ruled retail ledger] [illustration: journal ruled retail ledger] [illustration: journal ruled retail ledger] [illustration: journal ruled retail ledger] at the close of business, nov. , a trial balance of the ledger accounts is taken. no attention is paid to the accounts which are closed, the open accounts being only included in the trial balance. the proprietor wishes to know whether the business has made or lost money, and what the gross and net profits (or the losses) have been. to obtain this information the books are to be closed. before this process can be completed, it is necessary to know the value of goods now in stock--that is, to _take an inventory_. inventory = .= an inventory is taken by counting, measuring, or weighing all goods in stock. the stock is listed on journal paper or in a day book, listing first the quantity; second, the name of the article; third, the price; fourth, the value of each item. [illustration: inventory sheet] [illustration: trial balance] = . pricing.= in taking an inventory, _all goods must be priced at cost--never at the selling price_. if selling prices are used, credit is being taken for profits which cannot be earned until the goods are sold. it may even be found advisable at times to list goods at less than cost. some classes of goods deteriorate; at other times the stock may contain merchandise that was purchased on a high market, on which prices have been materially lowered. to price such goods at actual cost prices is creating fictitious values. conservatism is necessary in pricing an inventory, for the taking of credit for unearned profits is wrong in principle. this inventory shows the cost of goods in stock to be $ , . . = . closing the books.= this is the process of balancing all revenue accounts, and transferring the balances to the profit and loss account, the balance of the account being finally transferred or closed into the capital, surplus, or deficiency account, as the case may be. we have learned that in a single proprietorship, profit and loss is finally closed into capital or investment account. [illustration: erecting shop in the works of the baldwin locomotive works, philadelphia, penna.] this being a trading business, the first step is to open a _trading account_ for the purpose of finding the gross profit. the accounts now in the ledger to be closed into trading account are _merchandise_, _inventory_, and _purchases_, which are entered on the debit side; and _sales account_, which is entered on the credit side. the present inventory is now entered on the credit side; the two sides of the account are footed; and the difference or balance represents the gross gain or loss. = .= the trading account shows a credit balance or gross profit of $ . . this balance is now closed into profit and loss, being entered on the credit side. the only revenue account now open is expense, which shows a debit balance of $ . . this is a revenue expenditure, representing a loss, and is therefore transferred to the debit or loss side of profit and loss account. profit and loss shows a credit balance or net profit of $ . . the balance closes into the account of the proprietor, where it is entered on the credit side increasing his net investment to $ , . . note--complete postings from page of the journal. = .= _a balance sheet_ should now be prepared; and if our work is correct in every particular, the present worth will correspond in amount with the net investment shown by the proprietor's account. balance sheet, nov. _assets_ cash $ . accounts receivable . -------- $ . merchandise inventory , . , . , . -------- _liabilities_ sundry accounts payable . . -------- present worth $ , . [illustration: closing entries, trading and profit and loss accounts] exercise = .= on a certain date the assets and liabilities of john noble are as follows: assets: cash, $ . ; inventory, $ . ; due from sundry debtors--john lane $ . , henry watson $ . , d. b olin $ . . liabilities: due sundry creditors--perkins & co. $ . , f. c. watkins $ . . the following transactions take place: april : sold to wm. aultman on account, bbl. apples $ . ; bu. corn @ c. bought from mills & sweet, # cheese at c. april . sold to henry watson on account, bu. potatoes @ c; d. b. olin paid his account in cash; sold for cash, miscellaneous merchandise $ . . april . sold to andrew nevin on account, # lard at c, - / # ham at c; sold to homer miller on account, / bbl. flour, $ . , doz. eggs @ c, # sugar @ - / c; sold for cash, miscellaneous merchandise $ . . april . paid perkins & co., cash . ; sold marvin stetson bbl. apples $ . , # coffee @ c, # tea @ c; wm. aultman paid his account in full; sold for cash, miscellaneous merchandise $ . . april . bought from geneva milling co. bbls. flour @ $ . ; sold to d. wiseman bbls. salt @ $ . , # sugar @ - / c; sold for cash, miscellaneous merchandise $ . . april . sold f. c. watkins bu. corn @ c, # butter @ c, vinegar cask $ . ; paid f. c. watkins cash $ . ; henry watson paid his account in full; paid month's rent $ . ; paid clerk hire $ . ; sold for cash, merchandise $ . . at the close of business, the merchandise inventory was $ . . using journal, cash book, and ledger, open the books, enter and post these transactions make a trial balance and a balance sheet, showing present worth. does the business show a profit or a loss, and how much? how is the amount determined from the balance sheet? close the books into the proper accounts, showing gross and net profit and loss. to what account is the profit or loss transferred? retail coal books = .= the proprietor wishes to retire from the grocery business, and, having an opportunity to sell the stock at inventory value, does so, receiving $ , . in cash. he immediately pays sundry accounts payable, $ . . he collects all accounts receivable except the amount due from l. b. jenkins, $ . . this leaves him with assets consisting of cash $ , . ; due from l. b. jenkins, $ . ; and no liabilities. he next engages in the retail coal business, investing his entire assets. he rents an office and yards at $ . per month, and engages a teamster who owns a team and wagon, paying him $ . per week. = .= in this business there are introduced a sales book, with which the student is familiar, and a form of ledger known as _center ruled_ (p. ). this form at first appears slightly confusing; but there is considerable advantage in having the debit and credit columns side by side, as balances can be calculated more readily. = .= the cash book used is one having three columns. on the debit side the third column is used for cash sales. the footing is carried forward until the end of the month, or any other time when a trial balance is desired, when the amount is posted in one item. all bills are paid by check, the money received being deposited in the bank. = .= an auxiliary book used in this business is a _scale book_, in which are recorded the weight of wagon, gross and net weights. weighing the delivery wagons used by the business each morning is sufficient; this weight can be used on each load hauled for the day. and on deliveries made by the regular wagons, it is not necessary to record the weight of each load in the scale book; knowing the tare, the net weight can be recorded in the sales book. the principal use of the scale book is to record the weights of coal sold at the yards and hauled by the purchaser. when a wagon comes to the yard for a load of coal, it is of course necessary to obtain first the weight of the empty wagon; and it is important that both this and the gross weight be permanently recorded to prevent later disputes. the scale or weight book is usually made with sheets of from four to six weight tickets, perforated, having stubs which are exact duplicates of the tickets. the perforated ticket is given to the customer and the stub remains in the book as a permanent record. since it is necessary to enter the weights in two places, and because this duplication of work is liable to result in errors, a better plan would be to omit the stub and make the book with carbon duplicate tickets. even with the old style of book a sheet of carbon paper can be placed between two sheets and two copies of the ticket made at one writing; the record sheet to remain in the book. see illustration, p. . [illustration: center ruled ledger] = . uncollectable accounts.= in the closing entries of the last model set, we have shown that the gross trading profits are represented by the balance of trading account. all profits from other sources are credited directly to profit and loss account; likewise all other losses are charged directly to profit and loss. one such source of loss is _uncollectable accounts_. to charge the loss resulting from an uncollectable account against trading profits would create a false showing in respect to the trading profits during the current period, for the reason that the account may represent sales made during a former period. [illustration: scale book] sample transaction = .= the transactions which follow represent the business for the period covered: --dec. -- commenced business with the following assets: cash $ , . due from l. b. jenkins . --dec. -- bought from lehigh coal co., on account, tons nut coal $ . . --dec. -- bought from reading coal co., on account, tons egg coal . . tons pea coal . . -------- . --dec. -- deposited cash , . --dec. -- sold to henry newton , # nut . . --dec. -- sold to d. h. kennedy , # egg . . , # nut . . -------- . --dec. -- sold for cash , # nut . . --dec. -- sold to andrew white , # egg . . , # pea . . -------- . --dec. -- sold to f. w. francis , # nut . . , # pea . . -------- . --dec. -- sold for cash , # nut . . --dec. -- bought from lackawanna coal co. tons run of mine . . --dec. -- sold to eastern foundry co. tons run of mine . . --dec. -- sold to geo. miller , # egg . . --dec. -- sold for cash , # nut . . , # nut . . , # pea . . -------- . --dec. -- deposited all cash on hand --dec. -- bought from lehigh coal co. tons nut . . --dec. -- sold to lotus club tons nut . . --dec. -- sold to david meyer , # pea . . --dec. -- sold to city wagon co. , # run of mine . . --dec. -- sold for cash , # egg . . --dec. -- paid lehigh coal co. check# . --dec. -- received from d. h. kennedy cash in full payment of his account. --dec. -- sold to samuel hartley , # pea . . , # nut . . -------- . --dec. -- sold for cash , # pea . . , # nut . . , # egg . . , # run of mine . . -------- . --dec. -- paid henry wiggins, teamster check # . --dec. -- paid d. h. tuttle month's rent, check # . --dec. -- deposited all cash on hand --dec. -- charged l. b. jenkins account to profit and loss exercise = .= open the books, using cash book, sales book, journal, and ledger. enter each transaction, and make all postings to ledger. take off a trial balance of the ledger accounts. at the close of business, dec. , the inventory is taken, and shows the following quantities on hand: tons nut @ . " egg @ . " pea @ . ½ " run of mine @ . close all accounts representing trading transactions into a trading account, and find the gross trading profit or loss. close trading and revenue expenditure accounts into profit and loss account. close net profits into proprietor's account. bring down the balances in the ledger and take a new trial balance. sales tickets = .= in a retail business it is necessary for the sales person to record purchases at the time the goods are selected by the customer. when but one or two clerks are employed, it is possible to record these sales in a counter book or blotter; but in a larger business employing several clerks, this method would be extremely inconvenient. the bookkeeper would be obliged to wait for the books; and even if two sets of counter books were provided for use on alternate days, the work would always be at least one day behind. the increase in the volume of business transacted, and the multiplicity of transactions in a retail store, have been responsible for the introduction of many labor-saving methods and devices. one of these now used in all large stores and in many small ones, is the _sales ticket_. the sales ticket is to all intents and purposes a small invoice blank. sales tickets are put up in pads or in book form, and are numbered in duplicate. the number is prefixed by a letter--as _h _--which is intended to indicate either the department or the sales person. when a sale is made, the ticket or bill is made in duplicate by means of carbon paper; one copy is given to the customer, and the other retained. if it is a cash sale, the copy retained goes to the cashier with the money; if a sale on account, to the bookkeeper to be charged. these sales tickets are also used for taking orders for future delivery, both copies being retained until the order is filled. when delivery is made, one copy goes to the customer as a bill. aside from the time saved, the sales ticket is a great convenience, as its use gives the customer a bill for every purchase. departmental records = .= when the goods sold are divided into departments, it is here customary to record carefully the purchases and sales for each department. these records are provided for by the use of purchase and sales books having as many columns as there are departments. let us suppose that the business under consideration is a single proprietorship, and that the goods sold are clothing, shoes, and furnishings. each class of goods is kept in a separate department, sales and purchases being recorded by departments. = .= purchase and sales books of a special design are used, each having three special columns. it will be noted that neither purchases nor sales are recorded in detail, but that both purchase invoices and sales tickets are recorded by number, and only the totals extended in the proper column. the charges and credits are posted to personal accounts from the purchase and sales books. all purchase invoices are filed in numerical order. the sales tickets are kept in bundles, each day's tickets by themselves. the tickets of each department and each sales person are also kept by themselves. if it becomes necessary at any time to know the items of an invoice or sales ticket, it is an easy matter to refer to the files under the proper date and number for the desired information. the combined totals of the three department columns must equal the footing of the total column. all footings are carried forward until the end of the month, when the totals are posted directly to purchase and sales accounts, completing the double entry. in the ledger, purchase and sales accounts are kept with each department; but when the books are closed, the results from all departments are combined in the trading account. instead of recording cash sales in a special column in the cash book, all receipts of this kind are entered in the regular _cash received_ column. these sales are not posted from the cash book, but are entered in the sales book daily. thus they are carried forward in the footings, and at the end of the month the totals of the sales book represent all sales, both on account and for cash. = .= the cash book in this set presents some new features. instead of using both pages of the book, one page is used for both debit and credit. the bank account is also kept in the cash book, debit and credit columns being provided for this purpose. deposits are entered in the bank debit column and in the cash credit column. checks are entered in the bank credit column and posted to individual accounts. the other books used are the journal and ledger. the journal is used only for adjusting entries which cannot be made through the other books. sample transactions = .= the business is opened by c. d. walker, who invests $ , . cash, which he deposits in the bank. the following transactions are recorded: --jan. -- bought from hart, schaffner & marx, chicago suits $ . $ . " . . -------- $ . net; % . invoice # . --jan. -- bought from hamilton brown shoe co., st. louis pr. shoes . . " " . . " " . . -------- . net ; % . invoice # . --jan. -- bought from farwell & co., chicago doz. shirts . . " " . . " " . . " sox . . " " . . " underwear . . " hdkfs. . . -------- . net ; % . invoice # . --jan. -- bought from barr dry goods co., st. louis doz. collars . . " " . . -------- . net . invoice # . --jan. -- sold to s. w. martin, d av., on account sales ticket a . . s.t. b . s.t. c . -------- . --jan. -- sold for cash clothing . furnishings . shoes . -------- . --jan. -- paid hart, schaffner & marx account check # . discount . -------- . --jan. -- sold to a. r. crane, baker st., on account s.t. b . --jan. -- sold to d. h. whipple, lake st., on account s.t. a . paid cash on account . --jan. -- received from s. w. martin shirt, for exchange . sold him on account shirt . s.t. b --jan. -- sold for cash department a . " b . " c . -------- . --jan. -- sold to c. d. lewis, ferry av., on account s.t. b . s.t. c . -------- . --jan. -- paid hamilton brown shoe co., on account check # . discount . -------- . --jan. -- paid clerk hire, cash . --jan. -- paid store rent to d. c. watson check # . --jan. -- sold for cash department b . " c . -------- . --jan. -- deposited in bank . --jan. -- sold to b. e johnson, king st., on account s.t. a . --jan. -- sold for cash department a . " b . -------- . --jan. -- deposited in bank . --jan. -- paid freight bills department a . " b . " c . -------- check # to c. d. jenks, agt. . the inventory on jan. is: clothing $ . furnishings . shoes . balance sheet, jan. _assets_ cash bank $ , . office . -------- $ , . accounts receivable martin . crane . whipple . lewis . johnson . -------- . merchandise (inventory) . -------- $ , . _liabilities_ accounts payable farwell . barr . . . -------- -------- -------- present worth $ , . [illustration: adjustment journal and department purchase book] [illustration: departmental sales book] [illustration: cash book including bank account] [illustration: center ruled ledger] [illustration: center ruled ledger] [illustration: center ruled ledger] [illustration: center ruled ledger] [illustration: center ruled ledger] [illustration: trial balance] exercise = .= take a trial balance of the ledger accounts as they appear after the books are closed jan. . at the close of business, feb. , we find that the following transactions have been recorded: purchased clothing from hart, schaffner & marx, $ , . ; from brokau bros., $ . . purchased furnishings from barr dry goods co., $ . , from rosenthal & co., $ . . purchased shoes from brown shoe co., $ . . sold on account, clothing, $ . ; furnishings, $ . ; shoes, $ . . sold for cash, clothing, $ . ; furnishings, $ . ; shoes, $ . . received cash on account, $ . . received returned goods: clothing, $ . ; shoes, $ . . deposited cash in bank, $ , . . paid cash for expenses, $ . . gave checks as follows: hart, schaffner & marx, $ , . ; brokau bros., $ . ; brown shoe co., $ . ; farwell & co., $ . ; barr dry goods co., $ . ; rosenthal & co., $ . ; rent, $ . ; expenses, $ . . cash discounts earned on accounts paid as follows: hart, schaffner & marx, $ . ; brokau bros., $ . ; brown shoe co., $ . ; rosenthal & co., $ . . take a new trial balance as the ledger accounts appear after posting these transactions. the inventory, feb. , is: clothing $ , . furnishings . shoes . -------- $ , . close the books, make statement of trading and profit and loss account. make a balance sheet. what were the gross profits for this period? what were the net profits? what is the proprietor's present worth? partnership = .= legal authorities define a partnership as a combination by two or more persons, of capital, labor, or skill, for the transaction of business for their common profit. partnerships may be formed for the purpose of conducting any legitimate business or undertaking, and are created by contract, expressed or implied, between the parties. partnership agreements need not be in writing, but may be made by oral assent of the parties. even though they are legal if made orally, partnership agreements should always be made in writing. = . partnership agreements.= these should state the date on which the agreement is entered into, the name of the contracting parties, the name by which the partnership is to be known, and the address of the place of business. following should be a statement of the nature of the business, the amount and form of investment of each partner, the duration of the partnership, the basis of division of profits, provisions for the dissolution of the partnership, definition of the duties of active partners, and a provision for the division of the assets in the event of dissolution or at the termination of the partnership. = . kinds of partners.= partners are of different kinds, depending on the nature of the partnership agreement and the extent of their liability, expressed or implied, as between themselves or in respect to third persons. the usual classification of partners is as follows: _ostensible_, _secret_, _nominal_, _silent_, and _dormant_. ostensible partners are those whose names are disclosed to the public as actual partners. secret partners are those whose names are not disclosed to the public, though participating in the profits. nominal partners are those who allow their names to be used as partners, though they may have no actual interest in the business. the fact of their being known as partners makes them liable to third parties. silent partners are those who, while sharing in the profits, take no active part in the management of the business. their names may or may not be known. silent partners may also be secret partners, dormant partners are those, who are both silent and secret partners. they are usually included in a general term like _company_, _sons_, or _brothers_. = . participation in profits.= the most simple partnership from an accounting standpoint is one in which the investments of the several partners are equal, and profits are to be divided equally. this condition does not exist in all partnerships. the members of the partnership may invest unequal amounts and share in the profits on the basis of their investment. the investment may be equal, but one partner may receive an extra share of the profits in return for work performed in lieu of a salary. the investment may be unequal, but the one with the smaller investment may share equally in the profits in return for work performed. it is not unusual for a silent partner to furnish all of the capital and share equally in the profits with an ostensible partner who assumes full responsibility for the management of the business. = . interest on investment.= when the investment of the partners is unequal, it is customary to allow interest on the capital invested and to charge interest on all withdrawals. the interest on capital must be credited, and the interest on withdrawals must be charged, before profits can be distributed. = . capital and personal accounts.= in a partnership a special account should be opened in the name of each partner to represent his investment (for example, john smith, capital). to this account is credited his net investment. when the books are closed, the account is credited with his share of the profits, and debited with his withdrawals. a personal account should be opened in the name of each partner, to which is debited all withdrawals, either of money or goods. even when the capital invested is equal, some partnership agreements provide that interest shall be charged on all withdrawals, particularly when the business is of such a nature that goods traded in are likely to be withdrawn by the partners, or when, for any reason, withdrawals are likely to be unequal. the balance of the partner's personal account is closed into his capital account when the books are closed. before closing this account, it should be credited with interest on capital account and charged with the interest provided on withdrawals. = . opening the books.= when the books of a partnership are opened, the essential features of the partnership agreement should be written at the top of the first page of the journal. next following the partnership agreement, are the entries showing the nature and amount of the investment of each partner, the amounts being posted to the credit of partners' capital accounts. = . closing the books.= when the books of a partnership are to be closed, the revenue accounts are closed into trading and profit and loss, the same as in any other form of business organization. the net profit is then apportioned according to agreement, the share of each partner being credited to his capital account. the balance of his personal account is then carried to his capital account; the balance of that account will then show his net investment. =illustration of closing entries.= a, b, and c form a partnership, each investing $ , . , profits to be shared equally. when the books are closed, the net profits are found to be $ . . a's personal account shows a debit balance of $ . ; b's personal account shows a credit balance of $ . ; c's personal account shows a credit balance of $ . . the entries are as follows: profit and loss $ . to a, capital _a/c_ $ . " b, " " . " c, " " . a, capital _a/c_ . a, personal _a/c_ . b, personal _a/c_ . b, capital _a/c_ . c, personal _a/c_ . c, capital _a/c_ . the capital accounts after closing are: a, capital _a/c_ dec. , bal. personal _a/c_ $ . $ , . jan. balance , . . ( / profits) dec. -------- -------- $ , . $ , . ========= ========= $ , . net invest. dec. b, capital _a/c_ dec. , balance $ , . $ , . jan. . ( / profits) dec. . pers. _a/c_ dec. -------- -------- $ , . $ , . ========= ========= $ , . net invest. dec. c, capital _a/c_ dec. , balance $ , . $ , . jan. . ( / profits) dec. . pers. _a/c_ dec. -------- -------- $ , . $ , . ========= ========= $ , . net invest. dec. sample transaction = .= the first business taken up for consideration under the head of partnerships is a retail shoe business. the stock is kept in three classes: men's, women's, and children's shoes. purchase and sales books, ruled to segregate transactions of each class, are used. the bank account is kept in the cash book, which is also provided with two columns for discount. all sales, whether for cash or on account, are recorded on sales tickets. james benton, horace douglas, and henry kemp form a partnership under the firm name of benton, douglas & kemp, for the purpose of conducting a retail shoe business in buffalo, n. y. the date of the agreement, which is to continue for ten years, is march , . james benton invests $ , . in cash and a stock of shoes inventorying $ , . as follows: men's, $ . ; women's, $ . ; children's, $ . . horace douglas and henry kemp each invest $ , . in cash. the three partners are to share equally in the profits and each is to receive a salary of $ . per month. the books are to be closed and net profits divided at the end of each three months' period counting from january , which brings the first distribution on march . the following transactions are recorded during the month of march: --march -- deposited in second national bank $ , . --march -- bought from national fixture co. store fixtures , . invoice # --march -- bought from john c. morrison, buffalo men's shoes . invoice # --march -- bought from hoyt & co., rochester, n. y. women's shoes . children's shoes . ------ . net ; % . invoice # --march -- sold to r. h. wallace, delaware av. pr. men's shoes . pr. men's slippers . ------ . --march -- sold to d. h. lyon, niagara st. pr. women's . pr. women's . pr. children's . ------ . --march -- sold to henry norris, madison av. pr. men's . pr. children's . pr. children's . ------ . --march -- sold to r. h. homans, lafayette av. pr. women's . --march -- sold for cash men's . women's . children's . ------ . --march -- sold to h. j. watson, locust st. pr. men's . pr. women's . ------ . --march -- sold to h. j. meyer, bennett st. pr. children's . pr. children's . pr. women's . ------ . --march -- paid hoyt & co. bill by check less cash discount. --march -- deposited in second national bank . --march -- paid freight on shoes in cash . --march -- sold for cash men's . women's . children's . ------ . --march -- bought from lee & co., rochester women's shoes . net . invoice # --march -- sold to d. andrews, peck st. pr. men's . pr. men's . pr. women's . ------ . --march -- sold to jas. hayes, washington st. pr. women's . pr. children's . pr. children's . ------ . --march -- sold for cash men's . women's . children's . ------ . --march -- sold to r. d. nelson, niagara st. pr. men's . pr. women's . ------ . --march -- sold to d. needham, ames st. pr. men's . pr. women's . pr. children's . ------ . --march -- sold for cash men's . women's . children's . ------ . --march -- deposited in second national bank . --march -- sold to d. b. wright, andrews st. pr. men's . --march -- sold to h. n. hoyt, delaware av. pr. women's . pr. children's . ------ . --march -- sold to amos wiggins, prospect st. pr. men's . pr. women's . ------ . --march -- sold for cash men's . women's . children's . ------ . --march -- paid clerk hire, cash . --march -- gave checks as follows: horace douglas . henry kemp . --march -- sold to d. altman, wright st. pr. men's . gave him check . credited his account for mo.'s rent . --march -- sold to r. h. homans, lafayette av. pr. men's . --march -- r. h. wallace paid his account in full. --march -- paid account of john c. morrison by check --march -- sold for cash men's . women's . children's . ------ . --march -- sold to walter jenks, south av. pr. men's . pr. women's . pr. children's . ------ . --march -- sold to d. w. mantel, delaware av. pr. women's . pr. children's . ------ . --march -- sold to d. c. white, main st. pr. men's . pr. men's . ------ . --march -- sold to a. r. crows, shaw st. pr. women's . --march -- sold for cash men's . women's . children's . ------ . --march -- deposited in second national bank . --march -- sold to henry brown, douglas st. pr. men's . pr. women's . ------ . --march -- sold to d. l. benedict, adams st. pr. women's . pr. children's . pr. children's . ------ . --march -- sold for cash men's . women's . children's . ------ . --march -- sold to d. h. lyon, niagara st. pr. men's . --march -- received from henry norris, cash . --march -- sold to d. b. wright, andrews st. pr. women's . pr. children's . ------ . --march -- sold to h. j. meyer, bennett st. pr. men's . --march -- sold for cash men's . women's . children's . ------ . --march -- deposited in second national bank . --march -- sold to d. l. benedict, adams st. pr. men's . --march -- sold to h. a. fisher, lyons st. pr. women's . pr. children's . ------ . --march -- sold to andrew winters, delaware av. pr. men's . pr. children's . ------ . --march -- sold for cash men's . women's . children's . ------ . --march -- bought from rochester shoe co., rochester men's shoes . women's " . children's " . ------ . net ; % . --march -- sold to d. altman, wright st. pr. women's . pr. children's . pr. children's . ------ . --march -- sold to d. alton, eastern av. pr. men's . pr. women's . ------ . --march -- sold for cash men's . women's . children's . ------ . --march -- paid clerk hire . henry kemp wishes to retire from the business. his partners, benton and douglas, agree to pay him cash for his interest. to close the books, each partner is credited with one-half a month's salary, and the amount is charged to expense. the inventory shows the stock to be: inventory men's shoes $ . women's . children's . -------- $ , . [illustration: journal showing opening entries for a partnership] [illustration: cash book with center column for particulars] [illustration: departmental sales book] [illustration: departmental sales and purchase books] [illustration: classified ledger accounts] [illustration: classified ledger accounts] [illustration: classified ledger accounts] [illustration: classified ledger accounts] [illustration: classified ledger accounts] [illustration: classified ledger accounts] [illustration: classified ledger accounts] [illustration: classified ledger accounts] [illustration: classified ledger accounts] exercise = .= . submit a trading and a profit and loss account as shown by the books at the close of business march . . what errors do you find in these books? . submit a balance sheet. . submit the journal entries to be used in apportioning the profits, and in closing partner's personal account. show partners' capital accounts after final closing. . submit proper entries when kemp's interest is purchased, assuming that he is paid by check from the funds in hand. . submit trial balance of ledger of benton & douglas as the accounts appear after the purchase of kemp's interest. remember that no additional capital is invested. = . sale of partnership.= when the business of a partnership is sold, the net assets must be divided among the partners according to agreement, unless the partnership is to continue for the transaction of the same or some other class of business. as a rule, the liabilities are paid (if possible), from the cash funds on hand, leaving the net assets for division. in the division of assets, one partner will frequently agree to accept a certain class of assets in lieu of cash, but at a discount. to illustrate, one partner might accept fixtures, which cost $ , . , at % discount. deducting % from the cost price of the fixtures reduces the assets just that amount, and it is necessary to debit profit and loss and to credit fixture account, with the loss. if any class of assets, other than the goods in which the firm is trading, bring a price above cost, it is necessary to debit the purchaser and credit profit and loss with the profit. if the stock regularly traded in is sold at a profit, no special entry is required; the sale is recorded in the regular way and credited to sales account, from which it finds its way into profit and loss in the final closing of the books. this class of transactions involves but one of the many kinds of adjusting entries, all of which necessitate careful study on the part of the bookkeeper. in making adjusting entries, full explanations should be given that their meaning or intent may not be misunderstood by one who later refers to them. it is better to err on the side of what may appear as too detailed explanation, than to leave anything to be taken for granted. following is an illustration of the entry involving the sale of fixtures at % discount: profit and loss $ . fixture account $ . % discount allowed on fixtures taken by a in part payment of his share of assets a's capital _a/c_ $ . fixture account $ . fixtures taken at % discount in part payment of his share of assets. = .= benton and douglas agree to continue the business and to share profits equally. at the close of business, dec. , their balance sheet showed the following: balance sheet, dec. _assets_ cash in office $ . in bank , . $ , . -------- accounts receivable . inventory, merchandise , . , . -------- inventory, fixtures , . , . -------- total assets $ , . _liabilities_ accounts payable . -------- present worth $ , . benton's present worth $ , . douglas's present worth , . they accept an opportunity to sell for cash the stock and fixtures, the buyer agreeing to pay % above cost price for the merchandise, and cost price for the fixtures. the money received from this transaction, and the money in the office at time of sale, are deposited in the bank. checks are drawn to settle all accounts payable, $ . discount being earned. in liquidating the business of the firm, benton agrees to accept the accounts receivable in part payment of his share, on condition that % be first charged off to cover uncollectable accounts. exercise . show all entries required to complete the liquidation of this business. . at the final settlement, how much cash does each partner receive? = . division of profits.= when the investment of the several partners is unequal, the partnership agreement usually provides for the crediting of interest on capital, and the charging of interest on withdrawals. a and b form a partnership, and commence business oct. . a invests $ , . , and b invests $ , . . the agreement provides that interest at % shall be credited on capital and charged on withdrawals at the time of closing the books, profits to be shared on the basis of their investments. the books were closed oct. , with the following results: [illustration] [illustration] the adjustment is made as follows: a's investment, $ , . interest for days ( month) $ . a's withdrawals . interest for days . -------- net interest to be credited to a $ . b's investment, $ , . interest for days $ . b's withdrawals, . interest for days . -------- net interest to be credited to b $ . the journal entry is: interest $ . a's personal _a/c_ $ . b's personal _a/c_ . net interest credited on capital accounts. after posting the entry, our interest account shows the following: interest on capital $ . this account is, of course, closed into profit and loss, leaving net profits to be divided, $ . , of which a receives %, and b %. for the final closing of the books, we would close the personal accounts of a and b into their capital accounts, and close profit and loss account into their capital accounts. in actual practice the interest on withdrawals and investment would be entered and charged to profit and loss through interest account, before the net profit is brought down. in our illustration we have first brought down what appears to be the net profit, for the purpose of emphasizing the fact that the interest must be considered before profits are divided. exercise = .= c, d, and e formed a partnership nov. . c invested $ , . cash; d invested $ , . cash; e invested $ , . cash. the partnership agreement provided that profits should be shared on the basis of the capital invested by each; interest at % to be credited on capital and charged on withdrawals. at the close of business the following statistics are gathered from the books: c's capital _a/c_ cr. $ , . d's capital _a/c_ cr. , . e's capital _a/c_ cr. , . purchases dr. , . sales cr. , . expense dr. . rent dr. . salaries dr. . bank dr. , . bills receivable dr. , . accounts receivable dr. , . bills payable cr. , . accounts payable cr. , . c's personal _a/c_ dr. nov. $ . d's personal _a/c_ dr. dec. . e's personal _a/c_ dr. nov. . inventory dec. , . make trading account, profit and loss account, and journal entries to adjust interest. make balance sheet, and show partners' capital accounts after final closing of the books. [illustration: a view of the new york general offices of the western electric company] corporation accounts corporations = .= a corporation is an artificial body created by statute law and vested with power to act in many respects as an individual--in particular to acquire, hold, and dispose of property, real or personal; to make contracts; to sue and be sued, and the like. it is a legal entity apart from its members. it may sue without joining its members, and may be sued by others without the necessity of joining its members. it may transfer property and transact all business, not inconsistent with the rights granted by its charter, in its own name. in the transaction of business it is regarded as an individual. classification of corporations = .= corporations may be divided into two general classes--public and private. a _public_ corporation is a political entity organized for the purposes of government--as a city, county, or village. a _private_ corporation is one organized to further the interests of its members. these may be divided into two classes--stock corporations and non-stock corporations. a _stock_ corporation is one organized for the pecuniary gain of its members. a _non-stock_ corporation is one organized to further a particular object--as clubs, charitable associations, societies for scientific research, etc. stock or business corporations are the ones with which we are chiefly concerned. such corporations are organized to enable several persons to unite their capital to conduct a legitimate business enterprise and such organization accomplishes two important results; the rights of the members to transfer their interest without affecting the standing of the business, and exemption from personal liability for contracts or acts of the corporation. in a partnership, each individual partner is liable for the debts of the partnership, and any partner can make contracts in the name of the partnership, such contracts becoming obligations of net only the partnership but of each individual partner. a member or stock holder in a corporation is, as a rule, liable only for the amount of his subscription to the capital stock of the corporation. the exception to this is the organization of certain classes of corporations in which it is provided that a stockholder shall be liable for twice the amount of his stock subscription. national banks are examples of this class. no stockholder, as such, has the right to make contracts in the name of the corporation, and any contracts he may make are not binding on the corporation. contracts made in the name of the corporation, to be binding, must be executed by an officer duly authorized to make such contracts. = . joint stock companies.= _how distinguished from corporations._ a joint stock company is a large partnership in which the capital is divided into shares which are distributed among the partners in proportion to their interests. joint stock companies differ from corporations and are like partnerships in the following respects: each member is liable for the debts of the company, and if he sells his shares he is still liable for the debts which were contracted while he was a shareholder. except when otherwise provided by statute, all members must join in any action at law by the company, and if another brings an action against the company he must join as many shareholders as he wishes to hold. in some states the law provides that an action against a joint stock company may be brought in the name of its president or other designated officer representing all the members. = . joint stock companies.= _how like corporations._ a joint stock company is like a corporation and differs from a partnership in the following respects: the shares may be transferred. if a member dies his shares pass to his estate; if bankrupt they pass to his assignee; if he sells his shares they pass to the purchaser. partners may withdraw and new partners may be admitted without the dissolution of the company. a partnership is dissolved by the withdrawal by death or otherwise of a single partner. the shareholders do not manage the affairs of the company but elect directors or other officers in whom the management of the business is vested. members, as such, have no authority to bind the company. creation of corporations = .= a corporation is created by legislative act. formerly each corporation received a special charter from the legislature of the state, but as the advantages of corporations began to receive universal recognition it was seen that the delays incident to the granting of special charters were bound to work a hardship on those desiring to incorporate. partly to overcome this, but more particularly to insure uniformity in the rights and privileges of corporations, and to prevent the conferring of special privileges through special charters, the legislature of most states has enacted uniform corporation laws. these statutes prescribe uniform regulations for the organization of corporations. state constitutions now very generally prohibit the granting of special charters to private corporations. = . requirements.= while every state has its own corporation laws, the requirements of corporations are in many respects uniform. the law usually provides that a certificate of incorporation shall be filed with the secretary of state, or some other designated officer. this certificate must as a rule state: the name of the corporation; the place of business, where its principal office is located; the objects of the corporation, including a statement of the business in which it is to engage; the amount of the capital stock, and the number and par value of the shares into which it is to be divided; the period for which the corporation is organized; the number of its directors and the names of those who are to serve at the outset; the names and addresses of the original incorporators with the number of shares of the capital stock subscribed for by each. the form of the certificate required in the state of illinois is shown in the illustration, p. . stockholders = .= the members of a business corporation are known as stockholders or shareholders. at the time of organization the members subscribe for the shares of the capital stock agreeing to take and pay for them when issued. when the stock has been delivered and paid for, the stockholder is under no further obligation, unless the stock is by statute or contract subject to assessment. [illustration] = . stock certificate.= when a stockholder has paid for his shares a certificate, known as a stock certificate, is issued to him. this certificate is the written evidence issued by the corporation that the person whose name appears therein is registered on the company's books as the owner of shares of the number and par value named. the owner of a stock certificate can transfer it, and the one to whom it is transferred becomes a stockholder. such transfers are not complete, however, until registered on the books of the company. a stock certificate is not, strictly speaking, a negotiable instrument, but it is the custom among business men to indorse stock certificates in blank and transfer them from hand to hand as negotiable instruments, until some one inserts his own name and has the transfer registered on the books of the company. such indorsement does not make a stock certificate a negotiable instrument, and the purchaser can acquire no better title than is possessed by the seller. courts have held that the fact that a certificate of stock is not payable to bearer makes it non-negotiable. capitalization = .= this is the term commonly used to designate the amount of stock which the company is authorized to issue. it may have little reference to the amount subscribed or paid in, for most states authorize corporations to begin business as soon as a certain number of shares have been subscribed for, or even when only a small part of the subscriptions have been paid. for instance, a company with an authorized capitalization of $ , may be permitted to commence business as soon as $ , has been subscribed and $ , is actually paid in. = . capital and capital stock.= the _capital_ of a corporation is usually understood to mean its assets, and is a general term covering all of its property of every nature. it has no connection with the capital stock authorized or the number of shares subscribed. _capital stock_ is a term used in many ways each of which implies a different meaning. it may mean the amount which must be paid in before it can transact business as a corporation; it may mean the capital which the corporation is authorized to issue; it may mean the amount subscribed regardless of the amount actually paid in; or it may mean the amount actually paid in regardless of the amount subscribed. = . kinds of stock.= as a rule the capital stock of a corporation is of two classes--common and preferred--though not all corporations issue both classes. _common stock_ is the stock of a corporation issued to all stockholders under the same conditions, and which is to share equally in the dividends. _preferred stock_ is stock which gives its owner certain preferences over the owners of common stock. this preference usually consists of a provision for the payment of certain dividends out of the net earnings of the business before any dividends can be paid on common stock. the officers of a corporation have no power to issue preferred stock unless it is provided for in the charter. preferred stock may, however, be issued with the consent of all common stockholders. preferred stock falls into subdivisions depending upon its provisions as follows: _cumulative_ preferred stock is stock on which the payment of dividends is not dependent upon the earnings of one year. if a dividend is passed in one year or if not paid in full, it must be paid from future earnings before common stock can draw dividends. _non-cumulative_ preferred stock is stock which carries a dividend preference only in respect to the earnings of the current year. while dividends are payable prior to dividends on common stock, no liability attaches to the corporation if earnings in any year are insufficient to pay dividends. _guaranteed stock_ is another name for cumulative or non-cumulative preferred stock--any stock on which the payment of dividends is guaranteed. a corporation may issue more than one series of preferred stock, as _first preferred_, _second preferred_, etc. these issues take preference in the payment of dividends in the order of their priority. dividends must be paid on _first preferred_ before any surplus is available for the payment of dividends on _second preferred_. = . treasury stock.= this is stock subscribed for and issued which has been acquired by the corporation either by purchase or donation. the term is often erroneously applied to that part of the authorized capital stock which has never been issued, and the error has even been made of referring to it as unsubscribed stock. treasury stock is an asset and should be so treated on the books of the corporation. unsubscribed or unissued stock is in no sense an asset; or as one writer puts it, no more an asset than the power of a person to issue notes is an asset. = . watered stock.= any stock which is not represented by actual assets is called watered stock. it is usually represented by fictitious assets--as patents, copyrights, franchises, promotion expense, goodwill, etc. stock subscriptions = .= it is customary for the first board of directors to state by resolution in what manner the stock is to be disposed of; if subscriptions are to be received; if subscriptions are to be paid immediately or in installments. when the certificate of incorporation has been filed the subscription list is opened. this may be in book form, or a written or printed list. the following is a common form of stock subscription:-- we, the undersigned, do hereby subscribe to the capital stock of the --------company, organized under the laws of the state of --------in the amount set forth below, and severally agree to pay the amount of such subscription as follows: when the board of directors shall, through its secretary or treasurer, certify that there has been subscribed----% of the authorized capital of $--------, then we severally agree to pay----% of said subscriptions, and to pay a further----% on the----day of each month thereafter, until the full amount of such subscriptions shall have been paid. [illustration] management of corporations = .= the affairs of a corporation are managed by its directors who are elected by the stockholders. a director has no authority individually to bind the company. he can only act in conjunction with other directors in regular meeting as provided by the by-laws. the acts of the board are effected by orders or resolutions passed at such meetings. the number of directors constituting the board and the number required to form a quorum is specified in the by-laws. directors must attend meetings in person to be entitled to vote. they cannot be represented by proxy. since it is not practicable for the directors to attend to all of the details, they usually delegate to their officers authority to transact all of the every day business of the company. in larger corporations the directors organize themselves into subcommittees as executive committee, finance committee, etc. in small corporations these committees are unnecessary, their acts being performed by the board of directors. = . powers of directors and officers.= the powers of the directors are extensive and are prescribed by the charter and by-laws. the directors have the power to bind the corporation in all its dealings with other persons or corporations. the powers of the stockholders are limited to the election of the directors; but as the directors are elected by a majority of the stockholders, the power to control the corporation through the election of a board of directors who will respect their wishes is thus conveyed to a majority of the stockholders. being representatives of the stockholders as a body, the directors must at all times be governed by what they honestly consider the wishes of the majority. directors have the power to make contracts with the corporation only when they are manifestly fair contracts. for example, when not otherwise provided for, they may fix a fair compensation for their services and for the services of their officers. except in cases of actual fraud, it is for the majority of stockholders to complain of such contracts, and they have the power to remove offending directors. officers of a corporation are its agents and have limited powers, usually prescribed by the by-laws. when not so specified, they are prescribed by the directors. it is not always necessary that all of the powers of an officer be specified in detail. if an officer has been accustomed to perform certain acts with the knowledge and consent of the directors, his acts become binding on the corporation. the title of an office does not necessarily convey any special powers. for example, while it is customary for the directors to confer special powers on the president, his title does not make him, in the corporation's dealings with the public, an agent of higher grade than the secretary, treasurer, or any other officer. [illustration: the superintendent's office, dobie foundry & machine co., niagara falls, n. y.] = . powers of corporations.= as such, a corporation possesses certain necessary powers, and such other special powers as may be conferred by its charter. to have a corporate name which can only be changed by law. to sue and be sued. to possess a corporate seal. to appoint the necessary officers for the conduct of its business. to enact by-laws necessary for the management of its business, for transferring of its stock, for calling of meetings, etc. to acquire and dispose of such property as may be necessary for the conduct of the business for which it is organized. to make contracts necessary for the carrying out of its purposes. in general a corporation can engage in no other business than that specified in its charter, but it is granted certain incidental powers necessary to carry out its original purpose. = . stockholder's rights.= each stockholder has the right to have a certificate of stock issued to him; to vote at meetings of stockholders; to inspect the books of the company; to participate in dividends; to invoke the aid of the courts in restraining the directors from committing a breach of trust. dividends = .= every business corporation is conducted with a view to earning profits. when such profits are distributed to its stockholders they are called dividends, but stockholders cannot participate in the profits until a dividend has been declared by the directors. the law specifies that dividends must be paid out of the net surplus of the company, and provides a penalty for their payment out of capital. therefore, before declaring a dividend, the directors must be provided with a balance sheet and use every care to determine that a surplus actually exists. for dividend purposes, surplus is usually considered that part of the profits remaining after paying expenses and providing the necessary reserve to cover depreciation of machinery and buildings and losses from uncollectable accounts. sometimes a further provision is made in the by-laws for the creation of a sinking fund for the payment of bonds. the times for the payment of dividends are fixed in the certificate of incorporation or the by-laws. provision is usually made for the payment of dividends either quarterly, semi-annually, or annually. directors have full discretion in the declaration of dividends and, so long as they are acting in good faith, may add profits to capital instead of declaring a dividend. when the directors have, by proper resolution, stated that the surplus, or a part of the surplus, shall be distributed to the stockholders, a dividend is said to have been declared. when declared, a dividend becomes a debt of the corporation to its stockholders. it is not necessary that the directors declare dividends of all the surplus or net profits. frequently the by-laws provide that a certain amount be reserved as working capital, and under any circumstances the questions of the advisability of declaring a dividend rests with the directors. they cannot be compelled to declare a dividend unless it can be shown that, in declining to do so, they are acting in bad faith. = . stock dividends.= at their discretion, the directors may, instead of paying a dividend in cash, declare what is known as a stock dividend. when there remains certain unsubscribed stock, or when the corporation is in possession of treasury stock, this stock may be issued to stockholders in payment of dividends. a stock dividend cannot, however, be declared when it would not be proper to declare a cash dividend. the assets must exceed all liabilities, and in determining the existence of a surplus available for dividends, all capital stock that has been issued must be considered as a liability. closing transfer books = .= in large companies it is customary for the board of directors to close the stock transfer books a certain number of days prior to the date of payment of a dividend, for the purpose of obtaining the names and addresses of all stockholders. notices are then sent to all stockholders that a dividend will be paid on a certain date and that the transfer books will be closed for a stated period. transfer books are also frequently closed for a certain period prior to the annual meeting of the stockholders. the laws of some states provide that only those stockholders whose names have appeared as stockholders on the books of the company for at least thirty days prior to the date of the annual meeting, shall be entitled to vote at said meeting. stockholders' meetings = .= meetings of stockholders are, as a rule, held annually, and the date of such meeting is usually specified in the charter. at the annual meeting the board of directors presents, through its president or other officer, a report of the business for the year, accompanied by a financial statement. at this meeting the stockholders elect directors to take the place of those whose terms of office have expired. a stockholder may vote at stockholders' meetings either in person or by proxy, and is entitled to one vote for each share of stock registered in his name at the time of the meeting. notice of a stockholders' meeting must in all cases be mailed to each stockholder at his last known address, a certain number of days prior to the date of the meeting. this notice is mailed by the secretary of the company. sale of stock below par = .= many corporations formed to carry on business of a speculative nature find it difficult to sell stock at par. this is especially true when the assets consist largely of patents, an undeveloped mine, or property of a similar nature. it has become the custom for corporations to take over such properties, issuing in payment for the same full paid stock greatly in excess of its value. the original owners of the property will in turn donate a certain portion of the stock to the corporation to be sold to provide working capital. this stock then becomes treasury stock and is offered for sale at a liberal discount. the selling of property to a corporation at an inflated value is called the process of watering the stock. it can only be justified when an uncertainty exists as to the actual value of the property acquired. in the purchase of a going business, the real value of the goodwill is largely a matter of opinion, and the judgment of the board of directors of a corporation making such a purchase must be considered as final. corporation bookkeeping = .= bookkeeping for a corporation as a record of its business transactions with the public is not different than bookkeeping for a single proprietorship or a partnership. there are, however, certain necessary records peculiar to a corporation, including accounts of a financial nature between the corporation and its stockholders. it is with these records and accounts that we are concerned in this discussion of corporation bookkeeping. = . books required.= the books required for corporation records are, _stock certificate book_, _stock transfer book_, _stock ledger_, _minute book_, (and in certain cases, _installment book_, _stock register_, and _dividend book_). these are auxiliary books and are known as _stock_ books. _stock certificate book._ this is a book of stock certificates, with stubs giving full particulars of each certificate issued. when a stock register is used, the record is posted to it from the stub, otherwise posting is made direct from the stub to the stock ledger. _stock transfer book._ this is a book in which is kept a record of all transfers of stock. each entry is practically a copy of the form of assignment found on the back of the stock certificate. it is supposed that each transfer will be signed by the one transferring the stock, but frequently when certificates are presented with the proper endorsement, the transfer is signed by the one making the transfer as _attorney in fact_. the transfer book is made with two, and sometimes three, transfers to a page. transfers are posted to the stock register, when used, or direct to the stock ledger. [illustration: transfer book] _stock ledger._ this is the book in which an account is kept with each stockholder showing the number of shares held by him. sometimes the amount is included. when a stockholder receives a certificate of stock it is posted to the credit side of his account in the stock ledger. when he transfers a certificate it is posted to the debit side of his account. a trial balance of the stock ledger should be taken at stated periods, for the stock standing to the credit of the stockholders should equal the total stock outstanding. the stock ledger is supposed to show only the stock issued and the names of its holders. for example, if the authorized stock of a corporation is , shares and there remains shares unsubscribed, the stock ledger will show shares--the total issued--to the credit of individual stockholders. an account should be opened in the stock ledger with _capital stock_, which account will be debited with all stock issued. this is in effect a representative account since it represents the total stock that should stand to the credit of other accounts in the stock ledger. [illustration: stock ledger] _minute book._ this is a record book in which the secretary keeps records or minutes of the proceedings of all stockholders' and directors' meetings. this is an official record of the acts of the corporation, and is frequently called for to be introduced in court as evidence. the secretary is custodian of the minute book and should see that it is carefully preserved. _installment book._ when stock subscriptions are payable in installments, a form of receipt called a scrip or installment certificate is issued. as payments are made they are endorsed on the back of this certificate, and when all payments have been made the scrip is exchanged for a regular stock certificate. these scrip certificates are bound in book form similar to stock certificates. sometimes the scrip certificate takes the form of an installment receipt for the amount paid, all receipts being surrendered to the company when payments have been completed. [illustration: installment certificate] _stock register._ some large corporations keep, in addition to the stock ledger and transfer books, a stock register which is a complete register of all stock issued. this book is kept by the _registrar_--usually a trust company or bank. all certificates are entered in the register in numerical order and full particulars of each are given. when a transfer is made both the old and new certificates must be taken to the registrar, who cancels the old and places his indorsement on the new, certifying that it has been registered. one purpose of having a registrar is to prevent an over-issue of stock. the number of shares shown on the register must not exceed the number of shares which the corporation is authorized to issue. [illustration: stock register] _dividend book._ when the directors declare a dividend it is necessary to make a list of stockholders entitled to receive a dividend. large corporations use a special form similar to the one illustrated. it is made either in a book or on loose sheets which are placed in a binder. [illustration: dividend book] some stockholders issue written orders to pay all dividends to some other person, which makes it necessary to record on this list the name of the person to whom this dividend is payable, as well as the name of the stockholder. opening entries = .= in opening the books of a corporation it is necessary to first get the capital entered. in a proprietorship, the capital is credited to the owner; in a partnership it is credited to the individual partners. on the books of a corporation an account called capital stock is opened, to which capital is credited. this account is opened in the general ledger and original entries are made in the journal. the manner of making the opening entries depends upon the method of disposing of the capital stock. _if stock is sold for cash only_ and the entire amount is subscribed and paid for, the entry is simply cash $ , to capital stock $ , stock subscribed and paid for by the following: john doe $ , richard roe , henry snow , as per subscription list dated-------- ----. _if only a part of the authorized stock is subscribed_, there are two methods of entering the transaction. first: debit cash and credit capital stock as above, only as fast as stock is subscribed and paid for. second: debit cash and credit capital stock for the amount actually subscribed and paid for. debit a new account called _unsubscribed stock_ and credit capital stock for the balance of the total authorized issue of stock. illustrating the above, we will suppose that the national manufacturing co. is organized with a capitalization of $ , , of which $ , is subscribed and paid for in cash. the entries would be:-- cash $ , to capital stock $ , stock subscribed and paid for by the following: john doe $ , richard roe , henry snow , -------- unsubscribed stock , to capital stock , _if stock is not paid for when subscribed_ or if it is payable in installments the entry is: john doe , richard roe , henry snow , to capital stock , for subscription to stock as per subscription list. or if it is not desired to enter the names of the subscribers an account is opened in the name of _subscriptions_, and the entry is: subscriptions , to capital stock , the above entries at once place the entire authorized capital stock on the books. when further subscriptions are made, subscription account is debited and unsubscribed stock is credited. when subscriptions are paid, cash is debited and subscriptions credited. when subscriptions are payable in regular installments, payments may be credited to subscriptions. the plan is sometimes followed, however, of opening an account for each installment, as installment no. , to which payments are credited. when the installment is fully paid this account would be closed into subscription account. or still another formula--when stock has been sold _subject to assessments to be made by the board of directors_, and an assessment has been called the entry is: assessment no. . $ , to subscriptions $ , an assessment of % as per resolution of the board of directors john doe , richard roe , henry snow , when paid, cash is debited and assessment no. is credited. when the next assessment is called an account is opened with assessment no. . = . when a part of the stock is paid for in property and the balance in money.= a corporation known as the national manufacturing company is formed to take over a manufacturing business owned by john doe. the capital stock is $ , of which mr. doe is to receive $ , for the assets and goodwill of his business, the company agreeing to assume his liabilities. his statement of affairs shows the following: _assets_ cash in bank $ , . accounts receivable , . machinery , . manufactured goods , . material and supplies , . furniture and fixtures . $ , . -------- _liabilities_ accounts payable . . -------- -------- , . since the net assets are $ , . , and the stock to be issued to john doe is $ , the difference, or $ , . , represents the amount paid for the goodwill of the business. the transaction is entered as follows:-- property and goodwill of the business of john doe, transferred to this company as per resolution of the board of directors, dec. st, . goodwill $ , . cash , . accounts receivable , . machinery , . manufactured goods , . material and supplies , . furniture and fixtures . accounts payable $ . capital stock , . one half of the capital stock is thus accounted for. the balance is to be subscribed, and when subscribed the entries will be as explained in art. , depending upon whether subscriptions are paid in full or in installments. = . when stock is issued in payment of property and a part of the stock is to be donated to the company.= john doe owns a valuable patent on an automobile attachment and desires to secure capital to carry on its manufacture. he interests richard roe and henry snow, who agree to assist him to form the national manufacturing company to take over his patent and manufacture the attachment. the company is incorporated with an authorized capitalization of $ , . roe and snow agree that doe shall receive $ , full paid stock for his patent, and to subscribe $ , each, payable in cash to be used for the purchase of the necessary machinery. john doe, in turn, agrees to donate $ , of his stock to provide working capital. the entries are: patents $ , capital stock $ , full paid stock issued to john doe to pay for patents transferred to the company by bill of sale dated dec. , . subscriptions $ , capital stock $ , subscriptions to capital stock as follows:-- richard roe $ , henry snow , -------- treasury stock , working capital , full paid stock donated by john doe to provide working capital. when subscriptions are paid:-- cash , subscriptions , it is decided to sell $ , of the treasury stock at % of its face value, and subscriptions are received for this amount. subscription to treasury stock , treasury stock , subscription account is debited and treasury stock credited for the full amount since this is the amount of full paid stock to be issued, regardless of the price at which it is sold. when this stock is paid for, the entry in the cash book on the debit side is: subscriptions to treasury stock , this leaves a debit balance of $ , in the account _subscriptions to treasury stock_, which represents a discount on the stock sold. the manner of disposing of this discount depends upon the provisions made by the directors in respect to the creating of working capital. if their resolution provides that the fund maintained for working capital shall be only such an amount as may be realized from the sale of treasury stock, the discount is disposed of by the following entry: working capital , subscriptions to treasury stock , discount on , treasury stock sold. suppose, however, that the directors have provided by resolution for the maintaining of a working capital of $ , . in that case the liability for the full $ , must remain on the books until such time as other provision is made. the entry would then be: bonus $ , subscriptions to treasury stock $ , the discount is, to all intents, a bonus given to the purchasers, and if, as frequently happens, purchasers are promised a bonus of a share of stock for every share purchased, it would be proper to make the following entry in the first place. subscriptions to treasury stock , bonus , treasury stock , sold , treasury stock at % of face value. in any dividend distribution the purchasers are entitled to draw dividends on the face value of their stock, since it was issued to them as full paid. it would be manifestly unfair to charge the discount or bonus against profits for the current year, and it is customary to spread it over a period of several years, charging off a certain per cent each year. the bonus account is, in the meantime, carried on the books as an asset, and belongs in the class known as _fictitious_ assets. treasury stock is an asset, its real value being the market value of the stock represented. in the event of liquidation of the company, treasury stock would off-set the liability on account of capital stock. when all of the treasury stock is sold the account closes itself; or if it is issued to stockholders in the form of stock dividends, it is closed into profit and loss. working capital is a liability, which may be termed an _assumed_ or _nominal_ liability. like capital stock it is a liability only as between the company and its stockholders. it off-sets whatever form of asset--cash or otherwise--that represents proceeds from the sale of treasury stock. the real position of working capital in the balance sheet is that of a capital liability which must be considered before any surplus available for dividends can be said to exist. power is usually given the directors to reserve a certain amount for working capital, and even though an actual surplus may exist they have the right to off-set this with a working capital liability instead of declaring a dividend. = . premium on stock.= the stocks of many well-managed enterprises sell at a premium. in all such cases the amount received above the par or face value is credited to an account called _premium on stock_. at the end of the year this account is closed into surplus account. if any such items are standing on the books it can be used to off-set bonus account or organization expenses. it is not proper to close premium account into the current profit and loss account, for while it represents a profit, it is not earned in the regular operations of the business. = . reduction of working capital.= as before stated, so long as working capital remains on the books it must be treated as a liability. having the right to create working capital, the directors also have the right to reduce it whenever, in their judgment, the necessities of the business no longer require its maintenance in the original amount. a reduction of working capital has the effect of increasing surplus, since surplus is increased by an increase of assets or a decrease of liabilities. to reduce working capital, the account is closed into surplus. it is perhaps necessary to say that the account should not be closed into profit and loss, since it does not represent current profits. suppose that in the case of the national manufacturing co., it is desired to reduce working capital from $ , to $ , ; the entry would be: working capital $ , surplus $ , working capital reduced by resolution of the board of directors, january th, . entries in stock books = .= the entries in the stock books are very simple and are just the opposite of stock entries in the general or financial books of the company. when certificates of stock are issued, an account is opened in the stock ledger with each stockholder, to which is credited the stock issued to him. at the same time an account is opened in this ledger with capital stock which is debited with all stock issued, thus preserving the balance of the stock ledger. taking the example in art. , when stock is issued-- we debit-- capital stock $ , we credit-- john doe $ , richard roe , henry snow , when the $ , stock is donated to the treasury to provide working capital-- we debit john doe , we credit treasury stock , and open an account with treasury stock in the stock ledger. when treasury stock is sold-- we debit treasury stock , we credit subscribers , when a stockholder sells a part or all of his shares to another it has no effect on capital stock or treasury stock accounts in the stock ledger. the only change takes place in the accounts of the individual stockholders involved. the stock transferred is debited to the account of the _transferor_, and credited to the account of the _transferee_. supposing that $ , treasury stock was purchased by henry benson, george dennis, and richard carpenter, each purchasing $ , , the stock ledger and stock register--if one is used--would appear as shown in the illustration. footing the two sides of the stock register we find a balance of , shares which is the actual amount outstanding, the balance of shares remaining in the treasury. a trial balance also shows that the stock ledger balances with a credit of $ , treasury stock. [illustration: stock ledger] [illustration: stock ledger] [illustration: air-line cash-carrying system for large retail drug store applicable to a moderate-sized general store. lamson consolidated store service co.] [illustration: stock register] exercises . a corporation is organized with a capital of $ , . , divided into shares of $ . each. the corporation begins business when shares have been subscribed for. of this amount _a_ subscribes for shares, _b_ for shares, and _c_ for shares. these shares are paid for in cash within days after the date of subscriptions. six months later the balance of the stock is subscribed for, subscriptions being received from _a_ for shares, _b_, shares, _d_, shares, and _e_, shares. _c_ sells shares to _b_. these new shares are paid for in cash. make all entries in general books. make all entries in stock books. . _a_, _b_, and _c_ organize a corporation with an authorized capitalization of $ , . , divided into , shares of $ . each. _a_ subscribes for shares, _b_, shares, and _c_, shares. the corporation buys from _d_ land and buildings for $ , . , paying him $ , . in cash and issuing to him shares of stock. subscriptions are paid as follows: _a_ pays $ , . cash and gives his note due in days for $ , . ; _b_ pays $ , . cash and gives his note for $ , . payable in days; _c_ pays $ , . cash and gives his note for $ , . payable in days. make all entries in journal and cash book and post to ledger. note.--land and buildings are grouped under the head of real estate. . john davis and daniel greene own the la belle mine, and to secure capital for its development they decide to organize a mining company and to sell shares. a corporation is organized with a capitalization of $ , , . in shares of $ . each. of this stock , shares are issued to davis and greene, each receiving an equal number, and they, in turn, deed the la belle mine to the company. the remaining , shares are subscribed and paid for by martin otis. davis and greene donate to the treasury , shares to be sold for the purpose of securing working capital. the directors, by proper resolution, decide to sell , shares: , shares to be sold at cents on the dollar, , shares at cents, and , shares at cents. the resolution also provides that the corporation's liability for working capital shall be no more than the amount realized from the sale of treasury stock. subscriptions are received for the , shares and payments are made at the prices specified. make all necessary entries to get these transactions properly recorded on both the general and stock books. stock issued for promotion = .= frequently when a corporation is organized, stock is issued to a promoter as payment for his services. an enterprise may have great latent possibilities provided sufficient capital can be secured for its development, but until the possibilities for making a profit can be clearly shown, it is difficult to interest the investing public. to interest investors in an enterprise yet to be developed requires a special talent not possessed by the average owner of a patent, mine, or process. there are men who possess this special talent and who make a business of promoting companies. in many cases--probably most cases--the owner of the thing to be promoted has no money with which to pay the promoter. consequently, the promoter first satisfies himself that the enterprise actually holds possibilities of profit and then agrees to accept all or a part of his fees in the stock of the company. the portion of his fee that he is willing to accept in stock, and the number of shares demanded, is governed largely by his own faith in the enterprise. his fee may be a certain per cent on the stock sold, or it may be an arbitrary sum represented by a certain number of shares. when he accepts his entire fee in stock, it may represent from per cent to per cent of the entire capitalization, and while the fee may appear exorbitant when represented by the par value of the stock, its actual value to him is represented by the _real_ value of the stock, or the price at which he could sell it. volumes might be written on the subject of promotion, but our special concern is the proper treatment of promotion fees on the books of the company. strictly speaking, promotion fees are as much an expense as the cost of printing the company's prospectus, but to immediately charge it to expense would, in many cases, cause the accounts to show an impairment of capital at the outset. suppose, for example, that a corporation is organized with a capital of $ , . all paid in cash. the promoter is paid a fee of $ , . . profits earned--trading profits--in the first year are $ , . , but we have a charge of $ , . for promotion in the expense account. the books show that the company is insolvent, the liabilities being $ , . in excess of the assets, while the business actually is in a healthy condition. expenses paid in the regular course of business are expected to be off-set by earnings. when we pay rent for a store or office we expect that, by reason of our occupancy of that store or office as a place of business, our earnings will be increased in an amount greater than that paid for rent. promotion expense cannot, in itself, produce earnings. the cash, or other form of asset, received from the sale of stock--the direct result of promotion expense--is off-set by the stock liability created. earnings to off-set promotion expense must come from future operations of the business. it has become quite the general custom, therefore, to allow the expense incident to the organization of the company to stand on the books as a fictitious asset, under some such caption as _promotion expense_, _promotion fund_, or _organization expense_. the amount is gradually reduced by charging a stated per cent to profit and loss each year. there is another special reason why it would be manifestly unfair to immediately charge promotion fees to expense. suppose a promoter receives % of the stock for his services, while the holders of the remaining % have paid cash for their shares. since the per cent paid in cash must earn dividends on the entire per cent of stock, it would be unjust to the holders of the per cent to withhold dividends until the par value of the per cent of stock shall have been added to the assets of the company from profits earned. =the entry.= a patent is owned by geo. davis, who secures the services of wm. lane to promote a company to undertake its manufacture. the corporation is capitalized at $ , . . davis sells the patent to the company receiving $ , . stock in payment, and lane receives $ , . stock for promotion, when he has secured subscriptions for the remaining $ , . at par. the entries to record the issue of stock to lane for promotion are: subscriptions $ , . capital stock $ , . subscription of wm. lane promotion expense , . wm. lane , . fee due wm. lane for promotion of company and sale of stock. -------- wm. lane , . subscriptions , . amount due to lane credited to subscriptions to pay for stock subscribed by him. the entries for the shares issued to davis and those sold are the same as previously explained and illustrated. surplus and dividends = .= the directors are under no obligation to distribute in dividends the profits earned in any one year. instead, the by-laws usually provide that the decision as to when a dividend shall be declared is to be left entirely to the directors. they have it in their power to retain of the profits such an amount as, in their judgment, is advisable or necessary to safeguard the interests of the company. at the close of the fiscal year it is customary to close profit and loss account, and in a corporation it is closed into surplus. = . surplus sub-divided.= sometimes the term surplus is used to designate a part of the profits set aside for a special purpose, as the creation of a fund to meet an obligation falling due at some future date. when surplus is treated as a special fund, or when it has been provided by resolution of the directors "_that a certain sum, or a certain per cent of the profits shall be set aside as a surplus fund_," and remaining profits not distributed as dividends may be placed to the credit of an account called _undivided profits_ or _undistributed profits_. in reality undivided profits is surplus, and the division of the account merely serves to show that the amount credited to surplus is for some reason reserved, while the amount credited to undivided profits is available for dividends whenever the directors may so elect. whether or not the surplus should be shown in the balance sheet under these various headings, or all under the general head of surplus, with explanatory notes, is a question which need not concern us at this point. = . declaring a cash dividend.= when a dividend is declared an account should be opened under the caption _dividends payable_ or _dividend no. ._, etc. we will suppose that a dividend has been declared out of the profits of the business for the current year. the entry is:-- profit and loss dividends payable dividend of----% declared by the board of directors -------- , payable-------- . when the dividend is paid the entry will be-- dividends payable cash to pay dividend payable -------- . = . declaring a stock dividend.= not all dividends are paid or payable in cash. sometimes the directors declare a dividend payable in stock and this is known as a stock dividend. there may be treasury stock in possession of the treasurer, and if the books show a surplus, which would make it proper to declare a cash dividend, a dividend may be declared payable in treasury stock. when such a dividend is declared the entry is-- profit and loss stock dividend a dividend of----% declared by the board of directors -------- payable-------- , payment to be made in treasury stock stock dividend treasury stock to pay stock dividend declared-------- . the shares are then transferred on the stock books debiting treasury stock and crediting stockholders. it is not absolutely necessary that a company possess treasury stock to declare a stock dividend. when current profits are large or a surplus, larger than the requirements of the business demand, has been accumulated, a stock dividend may be declared by issuing additional shares, provided the original stock has not all been subscribed for. if a large surplus has been accumulated and a part of the stock is unsubscribed, a stock dividend would require the following entries: surplus stock dividend a stock dividend of----% declared by the directors-------- payable in the unissued stock of this company. -------- subscriptions capital stock additional stock subscriptions received from the following. -------- stock dividends subscriptions stock dividend due stockholders used to off-set subscriptions. the stock dividend is a device frequently used to conceal actual profits, or to cover up the fact that dividends are being declared in excess of a fixed rate. this is especially true of such public service corporations as lighting companies or street railways. in many cases a company will go through the necessary formalities to increase its capital stock for the purpose of absorbing surplus by means of a stock dividend. = . treatment of a loss.= if, during any year, the business has sustained a loss, it will, of course, appear as a balance on the debit side of profit and loss account. this will then be transferred to the debit of undivided profits or surplus, if any, remaining from previous years. for illustration, suppose the books show a surplus of $ , . , undivided profits $ . , loss for the current year $ , . , the entry will be:-- undivided profits $ . surplus , . profit and loss $ , . loss for the year. if there is no surplus remaining from former years, the business is insolvent, in which case the capital is said to be impaired. this can be taken care of in either of two ways. first--by the stockholders subscribing to a fund to cover the deficiency. second--by a reduction of the capital stock. exercises . david francis and henry harmon own a large tract of timber land in mexico. in connection with f. b. walker--a promoter--they organize a corporation to build railways and mills for the purpose of developing the property and to market the timber. the company is capitalized for $ , , . . the land is sold to the corporation for $ , , . , stock for that amount being issued to francis, harmon, and walker. francis and harmon each received $ , . and walker, $ , . . this $ , . stock is issued to walker as his fee for promoting the company. francis and harmon each donate shares, of the par value of $ . each, to the treasury to be sold to produce working capital. make all necessary entries in general books. . the profits of a manufacturing company with a paid up capital of $ , . , are $ , . . the directors, by proper resolution, declare a cash dividend of per cent, set aside a surplus of $ , . , and transfer the balance to undivided profits. make all necessary entries in general books, showing ledger accounts after payment of dividends. . the following year's business of the above company showed a loss of $ , . . how is this loss disposed of? make entries. . a company capitalized at $ , . has sold $ , . of its stock, the balance being unsubscribed. its accumulated surplus is $ , . , and the directors declare a stock dividend of per cent to all stockholders. make all entries. . a manufacturing company has a capital stock of $ , . . one item in its assets is machinery $ , . . the profits for the year are $ , . . the directors provide for a reserve for depreciation of machinery of % and declare a dividend of %. make all entries. changing books from a partnership to a corporation = .= wilson, brackett, and nixon have been conducting a retail clothing business under a partnership agreement. appreciating the advantages of a corporate form of organization, they decide to incorporate under the name of the continental clothing company. the first step necessary to prepare for the incorporation of a partnership is to ascertain the net capital of the business as it stands. accordingly, an inventory is taken, the books are closed, and a balance sheet prepared with the following results: _balance sheet of wilson, brackett, and nixon_ _assets_ cash $ , . bills receivable $ , . accounts receivable , . , . -------- merchandise inventory , . furniture and fixtures , . , . $ , . -------- -------- _liabilities_ bills payable , . accounts payable , . , . -------- wilson, capital account , . brackett, capital account , . nixon, capital account , . , . , . -------- -------- from this balance sheet it is seen that the net capital is $ , . , of which wilson owns $ , . , brackett, $ , . , and nixon, $ , . . on this showing, it is decided to form the company with a capital stock of $ , . , all of which is to be issued as full paid stock to the partners in proportion to their interests in the partnership. new books are opened for the corporation and the next step is to transfer the accounts of the partnership to the corporation. an account is opened in the partnership ledger with the continental clothing company and the following entry is made: continental clothing co. $ , . cash $ , . bills receivable , . accounts receivable , . merchandise inventory , . furniture and fixtures , . the above entry closes all of the asset accounts and shows that they have been transferred to the new company. the next entry is: bills payable $ , . accounts payable , . wilson , . brackett , . nixon , . continental clothing co. $ , . the above entry closes the liability and partners' accounts showing that they have been transferred to the new company and also closes the account of the continental clothing co. = . entries on the corporation books.= we are now ready to open the books of the new company. subscription books are opened and the following subscriptions are received: wilson , . brackett , . nixon , . the net assets of the partnership are $ , . less than the capital stock of the new company. no money is to be invested to cover this discrepancy, so it will be necessary to account for it on the books by opening a fictitious asset account under some such name as _goodwill_. having made this provision, the books of the new company are opened by the following entries: subscriptions , . capital stock , . subscriptions received as per subscription books. -------- cash , . bills receivable , . accounts receivable , . merchandise inventory , , furniture and fixtures , . goodwill , . bills payable , . accounts payable , . subscriptions , . the business and goodwill of the firm of wilson, brackett, and nixon transferred to this company in payment of subscriptions to capital stock. these entries serve to get the capital stock, also the assets and liabilities of the partnership properly recorded on the books of the new company. stock donated to employes = .= a partnership composed of benson, black, and mabley is conducting a retail hardware business. they desire to give their bookkeeper (parker) an interest in the business. the firm has the following assets and liabilities: _assets_ cash $ , . accounts receivable , . merchandise , . total assets $ , . _liabilities_ accounts payable , . benson capital , . black capital , . mabley capital , . total liabilities , . they incorporate the benson company with a capitalization of $ , . divided into shares of $ . each. benson, black, and mabley each subscribe for shares, and shares are presented to parker. the balance of the stock is to remain unsubscribed until such time as it is decided to accept further subscriptions. the business of the partnership is to be accepted by the company in payment of subscriptions which have been made, and which are for shares or $ , . . the net assets of the partnership being $ , . , goodwill must represent the balance of $ , . . the entries on the books of the partnership follow-- the benson co. $ , . cash $ , . accounts receivable , . merchandise inv. , . -------- accounts payable , . benson , . black , . mabley , . the benson co. , . = . on books of the benson co.= the entries on the books of the new company are the same as in previous illustrations, the stock donated to parker having been a gift from the partnership and the amount included in the goodwill. subscriptions , . capital stock , . -------- cash , . accounts receivable , . merchandise inventory , . goodwill , . accounts payable , . subscriptions , . = . when the gift is made by an existing corporation.= we will suppose that the benson co. wishes to donate shares of stock to each of three employes, _a_, _b_, and _c_. having shares unsubscribed, the donation will be made from that stock. supposing that the company has accumulated a surplus, the transaction will be entered on the "books" as follows: subscriptions , . capital stock , . subscriptions of _a_, _b_, & _c_ per subscription book. -------- surplus , . subscription , . surplus appropriated to subscriptions per resolution of the board of directors jan. th, . the above would be a rather unusual proceeding as the stock is fully paid, though such gifts are sometimes made. the tendency of the present times is toward profit sharing for the employes of corporations. the plan of profit sharing takes many forms, and there are some notable examples among very large corporations which have given employes stock in the corporation, or afforded them an opportunity to acquire stock on very favorable terms. among smaller corporations it is quite common to enable employes to acquire its stock subject to certain special conditions. frequently employes are permitted to subscribe for stock with an agreement that they are to pay no money, but that dividends declared are to be applied to the payment of subscriptions. in this way the stock is made to pay for itself out of its own earnings. sometimes provision is made for the payment of small annual installments on the subscriptions in addition to applying the dividends. when stock is issued to employes under these conditions, the contract sometimes specifies that in the event of the subscriber leaving its employ before the subscription is paid in full, the ownership of the stock shall revert to the company, and in such cases the stock, until it becomes full paid, is usually placed in the hands of a trustee. the principal object in issuing stock to an employe and surrounding the transaction with these restrictions is, of course, to insure his continuous service by making it an object to him to remain in the employ of the company. when stock is so issued, the entry is-- subscriptions capital stock subscriptions to stock by employes, said stock to be issued subject to the conditions named in the resolution authorizing its issue, passed by the board of directors january th, . the subscription account is left open until such time as it is closed by the payments credited. when a dividend is declared the entries are-- surplus dividends payable being a dividend of----% declared by the board of directors on-------- payable-------- . -------- dividends payable subscriptions dividend applied to the payment of subscriptions. another provision sometimes met with in the issue of stock to an employe is that in lieu of an increase in salary he shall receive, at the end of the year, a certain amount in stock. he is then permitted to subscribe for a stated amount of stock and to apply the bonus, or added salary, as a payment. the bonus is usually a stated per cent of sales or of net profits. when such a contingency arises the entry is-- salaries john jones ----% of sales as per agreement. john jones subscriptions amt. due applied in payment of stock subscription. if he has no account, on the books the transaction may be recorded by one entry-- salaries $ , . subscriptions $ , . ------------ when stock subscriptions are never fully paid = .= corporations are sometimes organized with all capital stock subscribed but only paid for in part, and the balance of subscriptions never called for. t. c. harris, john alfred, and m. b. hatch organize a company to conduct the business of buying, selling, and renting automobiles with a capital stock of $ , . , each subscribing for $ , . . a cash payment of % is made on the stock and the balance is to be paid in when called for. the entries stand on the books as follows-- subscriptions $ , . capital stock $ , . cash , . subscriptions , . the business prospers to such an extent that the profits provide sufficient money and it is not likely that the stockholders will be called upon for further payments. it is decided to reduce the stock to $ , . and to declare a dividend to make this stock full paid. the entries for these transactions follow: capital stock , . subscriptions , . capital stock reduced in accordance with resolution of board of directors passed jan. , . -------- surplus , . dividends payable , . dividend declared by board of directors jan. , , payable immediately. -------- dividends payable , . subscriptions , . dividends applied to the payment of stock subscriptions. the original stock certificates are now surrendered and new ones issued in their place. in the stock ledger the stockholders are debited and capital stock credited for the shares surrendered. then, capital stock is debited and stockholders credited for the new shares issued. it might happen that a corporation wishes to reduce the capital stock held by stockholders without having it appear that capital stock has been reduced. this has been done by purchasing its stock and placing it in the treasury. payment for the stock may be made in cash or notes, or it may be taken from surplus. the entries would be-- treasury stock , . cash , . or treasury stock , . bills payable , . or treasury stock , . surplus , . if the capital stock is to be reduced on the books, capital stock will take the place of treasury stock in these entries as-- capital stock , . cash , . exercises . parsons, young, and searles are partners and decide to form a corporation with capital stock of $ , . , which is to be issued as full paid stock in exchange for their present business. each partner is to receive stock in proportion to his interest in the present business. the balance sheet of the partnership is as follows: _assets_ cash , . bills receivable , . accounts receivable , . merchandise , . -------- total , . _liabilities_ bills payable , . accounts payable , . parsons , . young , . searles , . -------- total , . make entries on books of the partnership. make entries on books of the corporation. [illustration: a corner in one of the shops of browne & sharpe manufacturing co., providence, r. i.] . hoadley and stockton are partners and desire to incorporate a company with a capital of $ , . to take over their business. it being necessary to have three incorporators they agree to give hopper, an employee, shares--$ , . --of the stock of the new company. the stock is to be divided equally between hoadley and stockton after giving hopper $ , . . the balance sheet of the partnership is as follows: _assets_ cash $ . accounts receivable , . merchandise . -------- total $ , . _liabilities_ accounts payable . bills payable . hoadley , . stockton , . -------- total , . make all necessary entries on the books of the partnership. make open entries on the books of the new company. . the national manufacturing co., has an authorized capital of $ , . of which $ , . is paid up and $ , . unsubscribed. it is decided to permit employes to subscribe for $ , . of the stock by paying per cent in cash, all dividends declared to be applied to the payment of subscriptions. what entries are made when this stock is subscribed for? a per cent dividend being declared at the end of the first year what entry is required? . the atlas novelty co. has a capital stock of $ , . . all of the stock has been subscribed for, but only per cent has been paid. a surplus of $ , , has been accumulated. it is desired to reduce the stock to $ , . full paid. what is the necessary proceeding, and what entries are required? . a company has a capital stock of $ , . full paid, and a surplus of $ , . . a stockholder who owns $ , . stock in the company wishes to dispose of his stock and, to secure cash, offers to sell it to the company at par. his offer is accepted and the stock purchased, but the company does not wish to reduce its capitalization. what is the entry? reserves and their treatment = .= a reserve is an amount retained from current earnings to meet a future contingency. according to a prominent authority whose recent discussions of this subject have attracted attention, _a reserve is an expression of the judgment of the accountant as to what amount will be necessary to meet a contingency_. reserves are created for many purposes, among which the following are good examples. _reserves for bad debts._ an amount--usually a stated per cent of accounts receivable--annually set aside to cover losses from uncollectable accounts. _reserves for depreciation._ the plant--buildings and machinery--will wear out, no matter how substantially built. a charge is made against current earnings to create a reserve which will provide for a renewal of the plant, or any part of it, when worn out. separate reserves are usually maintained for buildings and machinery. _reserves for patents, franchise, goodwill_ and similar fictitious assets. an annual charge of an amount sufficient to extinguish the value at which the fictitious asset has been placed on the books. _reserves for permanent improvements on leased property._ permanent buildings, title to which will revert to the lessor at the expiration of the lease, are sometimes erected on leased property. a reserve is created to absorb the cost of such improvements during the life of the lease. _reserves for buildings in hazardous undertakings._ in certain lines of business, manufacturing plants are erected with the expectation of having a permanent supply of raw material. if the supply gives out, the plant may be valueless for other purposes. examples are oil wells and mines. a reserve is created to absorb the cost. the reserve is coming into more general use every year, especially by corporations, whose managers see the necessity of providing for these contingencies. when a machine wears out it must be replaced. if no reserve has been created, the money for its replacement must come from current earnings, or be provided by borrowing money or increasing capital. the better plan is to make provision in advance by creating a reserve. the amount of the reserve should be the value of the asset, and the sum set aside annually should be sufficient to equal the value of the asset at the end of its estimated life. to illustrate, if a machine is estimated to last years, the annual reserve for depreciation should be % of its cost. the reserve is carried on the books as a liability and is an off-set to the asset which it is to replace. if we were to prepare a statement of the value of machinery as shown by the books we would state it in this form-- machinery $ , less reserve for depreciation , -------- $ , this shows the exact amount at which this asset is valued. taking the illustration referred to--at the end of years the liability _reserve for depreciation_ will equal the asset _machinery_, and the funds which have been reserved from profits during the past years will be available for the purchase of new machinery. = . reserve funds.= a term frequently used to designate a reserve created for a certain purpose is reserve fund. this term is somewhat confusing for when we speak of a _fund_ we are more likely to think of it as an asset than as a liability. when the principle underlying reserves is thoroughly understood, however, it is readily seen that the use of the term _reserve fund_ is merely a question of the use of english and does not affect the principle. a reserve or _reserve fund_ is a nominal liability artificially created to off-set a decrease in value of an asset. on the principle that an increase of liabilities represents a loss, the amount reserved each year represents a loss, but since the liability created is not a real but a nominal liability it does not affect the real assets of the business. = . sinking funds.= a sinking fund is an amount set aside out of profits to meet an anticipated liability, or an obligation which is to fall due at some future date. sinking funds are set aside for such purposes as the payment of bonds at maturity, mortgages, etc. the sinking fund is the amount which, invested at compound interest, will produce the desired amount at the end of the period. a sinking fund is an asset and may or may not be withdrawn from the business. frequently a sinking fund is invested in securities, such as government bonds, which are placed in the hands of a trustee, thus insuring against the withdrawal of the funds from actual use in the business. unlike a reserve, a sinking fund has no effect on the apparent profits of the period in which it is created. it does, however, tie up or render unavailable for dividends a certain part of those profits. whether or not it is carried on the books in a separate account, a sinking fund is a part of the surplus of a business. = . computing sinking funds.= the amount necessary to set aside at the end of the year to provide a given sum in a stipulated number of years at a stated rate of interest, compounded annually, may be found as follows: divide the interest for one year upon the sum to be accumulated by the compound interest upon $ . for the stipulated time. the result will be the amount necessary to invest at the end of each year. if the amount is to be invested at the beginning of the year, divide the result obtained as above by the amount of $ . for one year. _example._ to provide for payment of $ , . at the end of years, what amount must be put into a sinking fund at the end of each year, if the fund is invested to earn % compound interest? interest on $ , . for year at % is $ , . . compound interest on $ . for years at % is . . dividing $ , . by . gives $ , . , the amount necessary to put into the fund annually. if this amount is to be invested at the beginning of each year, divide the above result ($ , . ) by $ . (the amount of $ . for one year at %) and we obtain $ , . the amount needed. bonds = .= in the sense here used a _bond_ is the written obligation of a corporation to pay a certain amount at a specified future date. bonds are usually secured by a mortgage on all or a part of the property of the corporation. a bond issue is a favorite method of borrowing money with corporations. bonds can be issued in any denomination, and by reason of this a loan can be distributed among a large number of investors. being secured by mortgage on the company's property the bonds of a corporation are very frequently more desirable investments than its stocks. interest on bonds must be paid before dividends can be declared. bonds can only be issued with the consent of the holders of a certain per cent of the stock. = .= _classes of bonds._ the bonds of corporations are of several classes, as follows: a first mortgage bond is one secured by first mortgage on the company's property. a second mortgage bond is one secured by second mortgage. interest cannot be paid on second mortgage bonds until it has been paid on the first mortgage bonds. general mortgage bonds are those secured by a general mortgage on all of the company's property. collateral bonds are secured by the deposit of collateral security. a debenture is a bond with no other security than the good name of the company. refunding bonds are those issued in place of maturing bonds which the company does not wish to pay in cash. equipment bonds are those secured by the rolling stock of a railway, and are also known as car trust certificates. a gold bond is any form of bond, the terms of which specify that it shall be paid in gold. registered bonds are those, the names of the owners of which must be registered on the books of the company. ownership of a registered bond can be transferred only on the books of the company. = . bond liability.= when bonds are issued by a corporation, either public or private, an account is opened under some such caption as _bond issue_ or _bonds payable_. as fast as bonds are sold the proceeds are credited to this account, which represents a liability. a new account should be opened for each issue of bonds. the bonds of a given issue will all bear the same date, with interest payable from that date. we will suppose that a corporation issues its bonds for $ , . in denominations of $ , . each. these bonds are dated feb. st, and bear interest at per cent payable annually. they are payable at the end of years from date. the company agrees to maintain a sinking fund of an amount sufficient to pay the bonds at maturity if invested in securities drawing per cent interest, and to invest the fund in such securities which are to be placed in the hands of a trustee. during the first year bonds are sold in the amounts and under the conditions which follow: _first._ on the date of issue $ , . of these bonds are sold at par. _second._ at the end of three months $ , . of the bonds are sold at and accrued interest, yielding $ , . of which $ , . is principal, $ . premium, and $ . interest. _third._ the next sale is $ , . of the bonds at , interest accrued $ . , yielding $ , . made up of principal $ , . , less discount $ . , and interest $ . . [illustration: ledger accounts of a bond issue] = . premium on bonds.= when bonds are sold at a price above par, the premium should be credited to a _premium on bonds_ account. when sold below par, the discount may be charged to the same account. = . interest on bonds.= the interest paid on bonds may be charged to an _interest on bonds_ account, which keeps it separate from the regular interest account. when bonds are sold with accrued interest, which is paid by the purchaser, the accrued interest is credited to interest on bonds. = . expense of bond issue.= all expenses incurred in the issue and sale of bonds should be charged to _expense of bond issue_ account. the account can be closed into profit and loss immediately, or it is proper to spread it over the life of the bonds, charging off the proper amount each year. it is also considered proper to charge discount on bonds to this account. = .= continuing the example in art. , we find that the amount of bonds outstanding is $ , . , and a sinking fund must be established which will equal this amount when the bonds mature. following the rule in art. , we divide the interest on $ , . for one year at per cent ($ , . ) by the compound interest on $ . for years at = (. ) obtaining as a result $ , . , the amount necessary to be invested at the end of each year. this amount must be provided each year for permanent investment to meet the principal and an additional $ , . must be provided each year for interest. the entries which follow are the ones necessary to record the sales shown in art. . --feb. -- cash $ , . bond issue $ , . -------- --may -- cash , . bond issue , . premium on bonds . interest on bonds . -------- --aug. -- cash , . expense of bond issue (discount) . bond issue , . interest on bonds . at the end of the year when the interest is paid and the first installment of the sinking fund is set aside, these entries are made: --january -- interest on bonds , . cash , . -------- sinking fund , . cash , . the illustrations (page ) show the status of all of these ledger accounts at the end of the year. manufacturing and cost accounts = .= manufacturing began in this country many years ago and was for a long time confined to the eastern and new england states. encouraged and fostered by national, state, and local governments, and by discoveries of sources of supplies, it has extended to all parts of the country. manufacturing has grown to proportions which place it at the very head of our industries, if we except agriculture, the growth of which has been largely influenced by the progress in manufactures. one result is that the business of manufacturing has perhaps more than any other, attracted capital from great numbers of investors, large and small. owing to its very nature, manufacturing readily lends itself to the corporate form of organization, and it is for manufacturing that a very great number of corporations have been formed. manufacturing has, therefore, been selected for a more complete exposition of corporation accounting. the accounts of a manufacturing business are to a certain extent peculiar to itself. regardless of the nature of the product, there are certain underlying principles which should govern the devising of a system of accounts for a manufacturing business. perhaps the most important feature to be kept in mind is to so arrange the system that the cost of manufacturing the goods will be shown. correct cost accounting methods are of greater importance to the manufacturer than the method of keeping accounts with his customers. he cannot afford to wait until the end of the year for results; he must know what his goods cost him if he is to intelligently make selling prices. there are so many opportunities for fluctuations in manufacturing costs that the accounts must at least show approximate results at all times. cost accounting is a profession in itself, and it is not our purpose to discuss, in this paper, all of the details of collecting data in the factory and shop. the purpose of this paper is to show the accounts with which a bookkeeper for a manufacturing business should become familiar. even when a manufacturer does not maintain a complete cost accounting system the bookkeeper can produce some valuable statistics by a proper arrangement of the accounts. accounts used = .= for the purpose of illustration we have selected a representative schedule of the accounts of a manufacturing business. the following accounts are those which have a direct bearing on the manufacturing branch of a business and do not include the administrative and selling branches. factory assets . _real estate._ includes the cost of land and factory buildings. . _machinery._ charged with the cost of all machinery including total cost of installation. freight, cartage, and cost of erecting the machine ready for use should be included. . _patterns and tools._ charged through cash and purchase book for all patterns and tools purchased. charged through cash book and journal--with proper credit to material and labor accounts--if manufactured in the factory. . _material purchases._ charged through purchase and cash books for all purchases of material that enters into the product. cost includes charges for delivery. credited for all material used in the factory. this may be subdivided into several accounts to represent the different classes of material used--as iron, steel, lumber, leather, hardware, etc. . _supplies purchases._ charged through purchase and cash books for all purchases of factory supplies, like oil, waste, belt lacing, and similar items. credited for all supplies used in the factory. . _finished goods._ charged for all goods finished, usually at cost of manufacture. sometimes a small factory profit is added. this account represents a purchase account to the commercial department, as it represents the cost of goods to them, factory expenses . _salaries._ charged for salaries of superintendent, assistant superintendent, and factory clerks. . _labor._ charged through cash and pay roll books for the amount of all factory pay-rolls. . _experimental._ charged through cash and pay-roll books and journal for all labor and material used in experimental work carried on for the purpose of improving the product. . _general factory expense._ charged through cash and purchase books for cost of miscellaneous factory expense items not otherwise accounted for. . _power, heat, and light._ charged for fuel, oils, water, wages of engineer and firemen, electricity (when purchased), and all other items entering into their cost. . _building maintenance and repairs._ charged through cash and purchase books for materials purchased specially for repairs to buildings. charged through journal and pay-roll book for labor and materials or supplies consumed in maintenance and repairs to buildings. . _repairs to machinery._ treated the same as no. . . _repairs to patterns and tools._ treated the same as no. . . _insurance._ charged through cash book for all premiums paid for insurance on buildings and contents. . _taxes._ charged for all state, county, and city taxes. . _depreciation of buildings._ an amount charged off each year to cover depreciation. . _depreciation of machinery._ treated the same as no. . depreciation based on estimated life of machine. . _depreciation of patterns and tools._ treated the same as no. . summary accounts . _manufacturing account._ charged for cost of labor and material consumed in manufacture of goods; charged for proper proportion of all expense accounts; credited with cost of all finished goods. balance represents cost of all goods in process. collecting cost statistics = . routine followed.= the notes following the names of the accounts in the above schedule explain their purpose and show clearly how charges are made direct to the expense accounts. further explanations are necessary in regard to charges and credits to manufacturing account. labor is easily disposed of as the amount standing to the debit of labor account at the end of the month is transferred to the debit of manufacturing account, closing labor account. material charges are more difficult to handle. in all well-regulated factories all material is as carefully accounted for as cash. proper storage rooms are provided in which all material is stored. these rooms are placed in charge of a man known as stockkeeper or stores clerk, and no one is allowed to take material from the storerooms without first presenting a written order, signed by the foreman, showing for what purpose the material is to be used. this order is retained by the stockkeeper and after he has posted the material to his own records he sends it to the bookkeeper. from these orders, the bookkeeper compiles a record of material withdrawn and, at the end of the month, the amount is debited to manufacturing account and credited to material purchases. the stockkeeper keeps a record of all material received and delivered and the balance of his accounts shows the quantities of the different materials which he should have in stock. his record should agree with the balance of material purchases account. when a stockkeeper is not employed it is necessary to have reports from the factory. the bookkeeper should arrange to obtain daily reports from the foremen showing all materials taken into their departments which are to be used in the manufacture of the regular product. if any of this material is to be used for the manufacture of tools or patterns for use in the factory, or for repairs to tools, patterns, machinery, or buildings, it should be noted on the report with a statement of the exact purpose for which it is intended. from these reports, the bookkeeper will compile his material records which will be credited to material purchases, and charged to manufacturing account and the different repair accounts at the end of the month. supplies are handled the same as materials, except that where this is a small item it is sometimes treated as an expense account. where a considerable value is involved it is preferable to consider it as a subdivision of the material account. the expense accounts must be charged on a percentage basis for the reason that the amounts actually expended vary in different months, and an expense item paid in one month may cover that particular expense for an entire year. such items are insurance premiums and taxes, paid once a year to cover twelve months. other expense items like experimental, power, and repairs are difficult to determine for a single month. it is customary to base the charge for these items on the records for the previous year. the amount of such expenses for a year is divided by twelve and each month one twelfth of the amount is charged to the manufacturing account and credited to the expense account. if there is any discrepancy at the end of the year it is adjusted by a debit or credit to finished goods. reports should be made daily by all foremen showing exactly what partly finished goods are received in their department and the quantity delivered to the next department. a record of these reports should be kept, which will show at all times the quantity of goods in process in each department. reports of finished goods received in the stock room will show the quantity manufactured, or rather finished, during the month. see report form illustrated on page . if all goods on which work had been started were finished, the charges to manufacturing account would represent their exact cost, but there is always a certain quantity of goods in various stages of manufacture, and the amount already expended on them must be considered. therefore an inventory is taken of goods in process. great care must be exercised, in taking this inventory, that too high a value is not placed on partly finished goods, for if the valuation is too high the apparent cost of finished goods will be less than actual cost. it is of utmost importance that the cost of manufacture be not understated, for it is on this cost that selling prices will be based. this is one reason why some manufacturers add a small-factory profit. unless a complete system of cost accounting is maintained, this inventory of goods in process must be an estimate, but the record of goods in process in each department will be of considerable assistance in making the estimate. [illustration: daily report of work in process] when the inventory is complete the amount should be deducted from the total debits to manufacturing account, which will show the cost of goods manufactured. this cost should then be credited to manufacturing account and charged to finished goods account. manufacturing account will now show a debit balance representing cost of goods in process. this method will produce very satisfactory results for factories in which but one line of goods is manufactured, but does not supply the information required where several styles, sizes, or lines are made. for one line of goods it is only necessary to divide the total cost by the quantity produced, as pounds, feet, dozen, or gross to find the cost of a single unit. in the more complicated business a detailed cost system would be required. pay-roll records = .= in connection with the labor account, the manner of keeping the pay-roll record is of considerable importance. like most other forms of record, pay-roll books are made to suit the needs of the individual concern. for a manufacturing business a feature to be kept in mind is such an arrangement as will give the most complete record of the cost of labor in each separate department. where men are never transferred from one department to another during a weekly or monthly pay-roll period, this result would be obtained by a simple grouping of the names by departments. in many manufacturing lines, however, workmen are frequently transferred so that to obtain costs for departments it is necessary to provide special forms for distribution. but why go to the trouble of distributing the pay-roll by departments? that we may more closely watch expenses and costs. the reports which the bookkeeper receives from foremen show quantities of goods passing through each department. if the pay-roll is sectionalized it will enable the bookkeeper to determine the labor cost per unit of goods manufactured in each department. a comparison of these costs from month to month will be of value in showing changes in cost. the form illustrated provides for a business having four departments and paying employes both on piece work and day wage plans. [illustration: pay-roll register for time and piece work] expense inventory = .= when the books are closed, it usually happens that certain expense accounts show expenditures for items of expense that are not accrued. illustrations are insurance and taxes paid yearly in advance. suppose insurance premiums to the amount of $ . are paid on april st to cover insurance for one year. if the books are closed july st, / of this amount will have been paid for insurance that we have not received--the premium has not been earned. the inventory will also show unused material which has been charged to such expense accounts as repairs. it is proper to take an inventory of these amounts, treating them as assets in the balance sheet. to properly record all such unearned expenses and make the books agree with the balance sheet, an account should be opened under the title of _expense inventory_, to which these items will be charged, with corresponding credits to the proper expense accounts. after the books have been closed, these items will be changed to the expense accounts, and credited to expense inventory, closing the latter account. expense liability = .= certain expenses will have accrued which have not been paid. such an item is interest on bills payable, bonds, or mortgages, or taxes due and unpaid. these items should be treated as liabilities in the balance sheet. an account called _expense accrued_ should be opened and credited with these items, with corresponding debits to expense accounts. when the books have been closed, this account is closed by crediting the items to the expense accounts from which they were received. balance ledger . a form of ledger now in quite common use is known as the _balance ledger_. the form differs from the standard ledger form in being provided with an extra column in the center in which balances are extended. if the bookkeeper when posting, extends the balance after each item is posted, much time is saved in looking up accounts and in taking trial balances. the nature of the account will usually indicate whether there is a debit or credit balance. accounts in the sales ledger will usually show a debit balance, while one in the purchase ledger will have a credit balance. if the balance is the opposite from what is to be expected it may be indicated by placing the letter _d_ in front of the amount in the balance column for debits, or the letter _c_ after the amount for credits. [illustration: wheel lathe shop in the baldwin locomotive works, philadelphia, penna.] [illustration: center-ruled balance ledger] sample transactions . the following transactions exhibit the accounts which are special to a manufacturing business without including the commercial accounts which record sales. the manner of keeping those accounts is the same for a manufacturing business as for any other. being a business conducted by a corporation these accounts include the stock accounts usually kept in the general books. the auxiliary stock books are omitted, it being felt that the special illustrations of such books will have been sufficient to give the student a thorough understanding of their uses. the books required in the manufacturing business, omitting sales accounts, are _invoice register_ or _purchase book_, _cash book_, _journal_, _pay-roll distribution book_, _purchase ledger_, and _general ledger_. a corporation known as the atlas manufacturing co., is organized with an authorized capitalization of $ , . , with the provision that business is to begin when $ , . of the stock has been subscribed, and $ , . paid in. the incorporators are henry biddle, john noonan, david snow, henry farwell, and george dunn. each incorporator subscribes for $ , . stock payable one-half down and one-half in days. the detailed record follows: --march -- received subscriptions to the capital stock, payable one-half down, and one-half in days, from the following. stock is to be issued when paid in full. henry biddle $ , . john noonan , . david snow , . henry farwell , . george dunn , . received cash in payment of subscriptions from the following: henry biddle , . john noonan , . david snow , . george dunn , . received from henry farwell his note at days with % interest in payment of installment on his subscription , . -------- deposited cash in second national bank , . -- -- received from derby desk co. invoice # , terms n/ charge to office fixtures . -- -- leased for two years from jacob newman a factory building at an annual rental of $ , . , payable quarterly in advance. gave him check no. for months' rent. -- -- the following invoices are entered-- meyers engine co. invoice no. , terms n/ charge to machinery , . -- -- patton machine co. invoice no. , terms n/ charge to machinery , . -- -- danforth & co. invoice no. , terms n/ charge to material . -- -- the following invoices are entered-- franklin printing co. invoice no. , terms / , n/ charge to office supplies . -- -- slade oil co. invoice no. , terms / , n/ charge to supplies . -- -- norwich machine co. invoice no. , terms n/ charge to machinery , . -- -- paid freight by check no. to t. fogarty, agt. machinery . materials . . ------ -- -- francis & co. invoice no. , terms / , n/ charge to materials . -- -- stevens & co. invoice no. , terms / , n/ charge material . -- -- gave danforth & co. check no. to pay bill of march . less % . . ------ -- -- lackawana coal co. invoice no. , terms n/ charge power, heat, & light . -- -- gave franklin printing co. check no. . to pay bill of march . less % . . ------ -- -- danforth & co. invoice no. , terms / , n/ charge material . -- -- drew check no. . for weeks' pay-roll . charge machinery for cost of installing . building maintenance for repairs to building per pay-roll distribution . -- -- gave derby desk co. check no. to pay bill of march . -- -- gave slade oil co. check no. to pay bill of march . less % . . ------ -- -- gave francis & co. check no. to pay bill of march . less % . . ------ -- -- gave stevens & co. check no. to pay bill of march . less % . . ------ -- -- eureka tool co. invoice no. , terms n/ charge tools . -- -- check no. for week's pay-roll charge labor . charge tools . . ------ (making tools for shop per pay-roll distribution) -- -- received from danforth & co. credit memo for damaged goods in lot covered by invoice dated / . credit material gave them check no. for acct. . less % . . ------ -- -- check no. for week's pay-roll $ . charge labor per pay-roll distribution -- -- gave norwich machine co. note of henry farwell , . accrued interest . , . ------ gave them check no. to pay their account , . -- -- salaries check no. for salaries of supt. & clerks . = . manufacturing data.= the following data has been collected by the bookkeeper from the reports of superintendent and foremen, and from the inventories taken at the end of the month. material issued to factory , . material used for building repairs . _inventories_ supplies . rent (unexpired) . power, heat, and light (coal) . office supplies . goods in process--material . labor . , . ------ we will now close the ledger to ascertain manufacturing results for the month, by making the following adjusting entries in the journal-- debit manufacturing account for material issued to factory. debit building maintenance and repairs for material used in repairs. credit material purchases for both of the above. debit manufacturing account for labor account for supplies used--found by deducting inventory from supplies purchases. for salaries account for rent one month for power, heat, and light--found as above for building repairs for office supplies--found as above credit accounts representing above for amounts charged. the manufacturing account will now show, on the debit side the total manufacturing expense for the month. the next step is to find the cost of finished goods to be credited to manufacturing account and charged to finished goods account. our inventory of goods in process, which includes material and labor only, amounts to $ , . . the labor account and reports from foremen show that the amount of these items used in the factory is $ , . . in round numbers, the former is % of the latter, that is, sixty per cent of the work started is still in process. we will assume, therefore, that this is a fair percentage to be used in determining the expense items invested in goods in process. taking % of the total manufacturing expense gives $ , . , which, deducted from the total, leaves $ . as the cost of finished goods. in this case the per cent of goods in process is large for the reason that it is the first month of operation. the results in succeeding months will be more nearly equal. if the factory is running regularly, turning out practically the same quantities each month, the quantity of finished goods will just about equal the work started in any one month. should we wish to show a factory profit of %, it will be necessary to add % to the cost of finished goods which will then represent the cost to be used by the sales end of the business. since we have no account to which this amount can properly be credited, we will open a new account called _contingent profits_, which will be closed into profit and loss at the end of the year. since we are not closing the books for the purpose of making a balance sheet, we do not close the expense accounts into an expense inventory account as explained in article . instead, the balances are allowed to stand until such time as the books are finally closed. [illustration: invoice register with distribution columns.] [illustration: invoice register with distribution columns] [illustration: check and disbursement record] [illustration: manufacturing journal] [illustration: manufacturing journal] [illustration: manufacturing general ledger] [illustration: manufacturing general ledger] [illustration: manufacturing general ledger] [illustration: manufacturing general ledger] [illustration: purchase ledger] [illustration: purchase ledger] [illustration: general ledger trial balance] [illustration: purchase ledger statement] exercise the transactions given in this exercise are a continuation of the business referred in to the preceding articles. during the month of april the following transactions are recorded. material purchases $ , . supplies purchases . patterns and tools purchases . cash received on subscriptions , . deposited in bank , . checks drawn purchase accounts , . salaries . pay-rolls , . distributed as follows: labor $ , . machinery repairs . david snow , . (stock purchased at par by company) the following data is obtained from the reports of foremen and inventories taken at the end of the month: material issued to factory to be used in manufacturing goods. , . material used in machinery repairs . inventories, april supplies . rent (unexpired) . power, heat, and light (coal) . office supplies . goods in process--material . labor . , . ------ . find value of goods in process, using the same percentages in estimating expense items as shown for material and labor. . make journal entries closing accounts into manufacturing account to show cost of goods completed during the month. note:--to find total cost of material and labor, used and partly used, add to the amounts shown for one month the inventory of the same items at end of preceding month. . make trial balance of general ledger after books are closed as shown in model set. [illustration: general offices of the a. b. dick company, chicago, ill.] the voucher system and accounting charts voucher system of accounting . _voucher._ a document which vouches the truth of accounts. _receipt._ an acknowledgment of money paid. the voucher system is sometimes referred to as a modern system of accounting, but a study of the above standard definitions indicates that it is modern only in respect to forms of records and routine. in the nomenclature of accounting the term voucher is quite commonly used in the same sense as the term receipt. the only distinction appears to be that a voucher is usually understood to be an acknowledgment of the payment of a particular item on account, while a receipt may be an acknowledgment of the payment of money without reference to the item or items covered. since the transaction of business began receipts or vouchers in some form have undoubtedly been used. some form of acknowledgment of money paid has always occupied a place in business. but at first, receipts were not required--they were incidental; given as a matter of courtesy; a "thank you" in written form. when the first man, after paying his grocery bill, was forced to pay it a second time because the merchant had failed to mark his account "paid," he _demanded_ a receipt. he learned then and there that accounts, and those who keep them, are not infallible. he told his neighbors, and the custom of demanding receipts for money paid, came into being. the receipt was demanded as a matter of self-protection, to prevent the possibility of payment of an amount being successfully demanded a second time. but the receipt was not an integral part of the accounting records of a business; it might or might not be demanded without affecting the records. so long as business was conducted by single proprietors or small partnerships, this was satisfactory, since the receipt was not required as a record between partners. with the advent of joint-stock companies and corporations, came ownership by a large number of investors. having their capital invested, these owners had a right to know what was being done with their property, and there came a demand for a more strict accounting of money and property entrusted to the care of the managers of the business. as business expanded and corporations grew in size and power, with wider spheres of activity, it became necessary to divide the operations of business concerns into departments, with corresponding divisions of authority. this meant the creation of a central authority to whom an accounting must be made by the departments or branches. audits were introduced. not only did stockholders want to know that the business was honestly conducted, but the managers demanded proof that property entrusted to subordinates was accounted for and that the accounts were accurate--that is, truthful. not satisfied with the evidence offered by entries in account books, auditors asked for further proof of the payments recorded; they demanded receipts, _vouchers_. the voucher as used in modern accounting practice is then something more than a receipt for the payment of money; it is a proof that property has been administered as claimed by the accounting records. "a document which vouches the truth of accounts," = . use of vouchers.= the most general use of the voucher still is as an acknowledgment of the payment of money. in fact, when we speak of a voucher it is usually understood to mean a receipt or acknowledgment of the payment of money for a specific purpose. a voucher states the exact purpose for which the money is paid, the items either being listed or reference made to a specific invoice or account. then when receipted it becomes a voucher in fact and takes its place as an integral part of the accounting records. the voucher may be said to form a connecting link, furnishing proof that the money was expended as shown in the records and that it was received by the payee. in this respect it acts as a check against a misappropriation of funds. as the system of vouchers for payment of money came into more general use, many accountants argued that it should be carried still further. sales records were vouchered by original orders, shipping receipts, and invoice copies, and purchases by the regular vouchers, but there was no voucher for transactions involving transfers of values from one account to another. in making journal entries involving such transfers, many opportunities for fraud were opened. just such entries have been frequently used to cover up fraudulent transactions. the logical step to make the voucher system complete in every detail was the introduction of the journal voucher. if a voucher is provided for each journal entry, the bookkeeper can produce authority for every transaction recorded in his books. the journal voucher is a voucher of authority, that is, it authorizes the entry involved and must be signed by an officer having power to make such authorization. to the bookkeeper, it is in many cases a protection, for if a question arises as to the legality of a transaction, he can produce his authority for the entry, which will place the responsibility where it belongs. we have come in contact with cases in which the bookkeeper, following the explicit instructions of an officer of a company, has made entries clearly intended to defraud either creditors or stockholders, only to be later made the "scapegoat" and held jointly responsible with his superior officer. not all such entries show their clear intent, though their real purpose be fraudulent. some of them are so ingenuous and supported by such plausible explanations, that the bookkeeper has no suspicion of their real nature. a case in point: a corporation was organized in a small town to engage in a manufacturing enterprise. like many another corporation of similar character, the benefits which would accrue to the town, were dwelt upon at length by the promoters, and citizens were induced to invest their savings in small blocks of stock. also, like many another enterprise entered into and managed by men with no technical training, this little factory struggled along for a few years, always operated at a loss. but a change came; an experienced manager was secured and the business began to exhibit symptoms of a healthy growth. the second year showed a profit; almost enough to wipe out the deficit. the third year the business outgrew the capacity of the plant, and $ , . was invested in new machinery. not an old machine was discarded. the manager instructed the bookkeeper to charge $ , . of the amount to repairs, explaining that it would off-set the amount which should have been charged off as depreciation in former years. perhaps,--but it made the books show a small loss instead of a substantial profit for the year. and it is significant that several holders of stock, worth face value, and more, sold their holdings to the manager at an average price of . . if no profit could be made on such a volume of business as had been transacted that year, what hope for the future? [illustration: fig. . voucher to be receipted and returned] to what extent a bookkeeper is justified in presuming to conserve the morals of his employer, is not a subject for present discussion. just where the line should be drawn between moral and legal responsibility, is sometimes difficult to determine. but that bookkeeper innocently assisted in robbing unsuspecting stockholders. had he insisted on the signed authority of the manager--that is, demanded a voucher--the entry might never have been made; he, at least, would have been freed from any possible charge of complicity. = . forms of vouchers.= the essential feature of a voucher is that it must show clearly the purpose for which it is drawn, and provide a proper form of receipt. there are many forms of vouchers designed to meet the requirements of different businesses. [illustration: fig. . back of voucher showing distribution] the most simple form of voucher is a statement of items paid, with a receipt to be signed by the payee. a remittance in the form of cash or a check accompanies the voucher, the receipted voucher being returned by the payee. a form of voucher of this class is shown in fig. . the items paid can be listed on the voucher, or there may be a reference to certain invoices included in the payment. some accountants attach the original invoice to the voucher, but for certain reasons we do not advocate this practice. until the receipted voucher is returned there is no record of the items covered, unless the invoice has been copied. [illustration: fig. . combined voucher and check used by the pennsylvania railroad company] some houses are slow in returning receipted invoices, resulting in many annoying delays. if the invoice is kept on file we at least have a record of the transaction, and it may be very necessary to refer to the invoice for prices or other information. the back of the voucher is usually printed with a form for a distribution of the amount to the account or accounts to which it should be charged. a typical form is shown in fig. . for permanent filing a voucher of this style is folded so that the number appears at the top, followed by the name of the payee, and the distribution record. = . voucher checks.= a step in advance of the early form of voucher with separate check is the voucher check. this is a form which combines the voucher and check. of voucher checks there are many forms, each designed to meet some special condition, or to conform with the ideas of the accountant. while these forms exhibit many variations in detail they may be divided into two general classes: folded voucher checks and single voucher checks. the folded voucher check is usually twice the width of an ordinary check, making it regular check size when folded. this is intended to provide a receipt for the payment of items listed, by the endorsement of the check. several such forms are illustrated. fig. is a form of combined voucher and check used by the pennsylvania railroad company, the account is transcribed on _a_, this being a sheet twice the width of a check. this form is made in duplicate, _b_ being the carbon copy which is filed as a record of authority for the issuance of the voucher. the check itself, shown in _c_, is written on the back of the original voucher. _a_. when folded, this form is the size of a regular check and goes through the bank in the usual manner. the endorsement of the payee is a receipt in full for the items covered by the voucher. this is a representative form of the folded voucher check. naturally the details recorded will vary in different businesses, but the general plan is subject to slight changes. some objection is raised by banks to the folded form. the claim is made that considerable inconvenience is caused in handling in the bank, by checks slipping between the folds. many of the earlier forms of voucher checks were not checks until certain conditions had been complied with. on the face of the voucher was printed "when properly receipted this voucher will be paid through ... bank." this required a receipt in some special place, instead of the usual endorsement of a check, and it was not always easy to tell, at a glance, the amount to be paid. very naturally, objections were raised by the banks against the use of these complicated forms, but forms have been simplified in ways that have largely overcome these objections. [illustration: fig. . form of voucher check that requires no folding] an improvement is the ordinary check form arranged to provide a valid receipt for stated items. such a form is illustrated in fig. . this is an ordinary check form of regulation size, on which is noted the item or items paid. the checks are put up in pads and numbered as used. when endorsed, the check provides a valid receipt for the items covered. [illustration: fig. . duplicate voucher check in loose leaf form] [illustration: fig. . voucher distribution sheet] a voucher check with some advantageous features is shown in fig. . this is made in duplicate. _a_ is the original voucher check, while _b_ is the duplicate. when sent out, the stub shown in _b_, a duplicate of the statement on the original check, is attached to the check. this is detached by the payee for his records, and enables him to deposit the check without waiting to make the entry in his cash book. these voucher checks are made in sheets and punched for filing in a loose-leaf binder. the balance of the form shown in _b_, the part remaining after the check and duplicate statement have been removed, is a copy of the check, and remains in the binder. the checks are numbered consecutively, but the voucher number is entered when used and corresponds with the number of the voucher paid. the office record of the items paid is made on the voucher form shown in fig. . these are numbered consecutively, in the order in which they are approved, and when paid are filed in numerical sequence. another style of loose-sheet voucher check is illustrated in fig. . this form is made on the typewriter, in triplicate, and includes the original check, a receipt and a copy of the check. the forms are made two to a sheet, and when a check is to be written the triplicate sheet is placed in the machine, three copies being made at one writing. [illustration: fig. . triplicate form of voucher check that provides a receipt and a copy of the check] [illustration: plant of the w. l. gilbert clock co. at winsted, conn.] the triplicate form, or copy of the check, is the permanent record from which posting is done. both the check and receipt are mailed and the payee is expected to return the receipt. if not returned within a reasonable time, the payee is followed up by letter and asked to return the receipt, as this becomes a part of the permanent office records. [illustration: fig. . duplicate voucher with check attached] an excellent form of voucher with check attached is shown in fig. . the voucher is made in duplicate, the check being attached to the original. the duplicate is kept on file for the office record, while the original, with check attached, is mailed to the vendor. he detaches the check and deposits it, keeping the original statement in his files. in the event of discrepancies, the vendor is expected to return both voucher and check, endorsement being considered as a receipt in full for items included in the statement. = . journal vouchers.= as previously explained, a journal voucher is a properly signed authorization of a journal entry. journal vouchers are not intended to be used for the ordinary journal entries of a business, as closing entries and ordinary adjusting entries. they are more particularly intended for special credit items or allowances, and special transfer or adjusting entries. fig. illustrates a convenient form of journal voucher. this form is intended to be filed in a loose-leaf binder, and when so filed, becomes the journal itself, posting being made direct to ledger accounts. the usual method, however, is to make the entry in the journal and file this voucher as an evidence of authority. a journal voucher should require the final approval of some one man before it becomes valid. the head of a business can keep in touch with all special allowances by having the journal vouchers brought to him for his signature. [illustration: fig. . journal voucher for adjusting entries] one reason for the use of journal vouchers in large establishments having several departments is that special credits and allowances are constantly coming up, with which only one department manager is familiar. his o. k. is obtained, and the voucher must be approved by the manager, which makes these men responsible for the transaction. = . the voucher register.= though the form of voucher is of considerable importance, and should be designed to meet the requirements of the business, the keystone of the voucher system of accounting is the voucher register. wherever used, the voucher register possesses certain uniform characteristics, but in each business the form takes on special features; in fact, the voucher register is distinctively a special form. the voucher register is really a form of purchase book, with other features added, and takes the place of these records. in addition to the usual features of the purchase book or invoice register, the voucher register furnishes a complete record of payment of bills, and shows at all times the net amount of accounts payable. another most important feature is that it exhibits all expenditures, for whatever purpose. a voucher is provided and properly registered for every check issued, insuring a receipt in proper form for every dollar paid out. when properly handled, the voucher system does away with the purchase ledger, no ledger accounts with creditors being necessary. the register in connection with a file of unpaid vouchers, furnished a complete record of each individual creditor's account. at the same time, a controlling account is provided, which exhibits the total of outstanding accounts, and balances with the voucher register. to furnish representative illustrations, we show several forms of voucher registers, which exhibit the special features usually found in such records. these may be used as guides in designing registers for any business. figs. and show forms identical in general arrangement, except that one is designed for a mercantile business, while the other is intended for a manufacturing establishment. the columns beginning at the extreme left are as follows: _date entered_, _voucher number_, _name of payee_ and nature of account, _date of invoice_, _vouchers payable_ (the total), and _date due_. the columns following are for distribution of the total to the different accounts. columns are provided for those accounts in each group to which most frequent charges are made. the amounts of the vouchers are extended in these columns and footings carried forward to the end of the month. in every business there are certain expense accounts to which charges are infrequent, not more than one charge a month, and in some cases one or two in a year. examples of these accounts are insurance, taxes, rent, etc. to add columns to an already large voucher register for the accommodation of these few items is impractical, hence the sundries column is provided for charges to accounts for which special columns are not provided. space is allowed for entering the names of the accounts, and each item is posted direct to the ledger account. [illustration: fig. ] [illustration: fig. ] [illustration: fig. ] [illustration: fig. ] typical forms of voucher registers [illustration: designed for use in different businesses] the form of voucher register illustrated in fig. is designed for use where a complete voucher system, including the use of journal vouchers, is maintained. the special feature of this form is the addition of several columns for credit accounts. space is provided for entering the names of the accounts to be credited, the amounts being carried to the proper ledger columns. this makes it possible to enter any journal voucher, and since full particulars are shown in the voucher itself, no explanations are required in the register. at the right of these forms are columns for recording particulars of settlement. a column headed _unpaid vouchers_ will also be noted. on the last day of the month, when all items have been entered, the amounts of all unpaid vouchers are extended in this column, and the total is carried forward to the next month's sheet, where it is entered in the _vouchers payable_ column. when these vouchers are paid, particulars of payment are entered on the sheets containing the original record; as would have been done if they were paid in the month in which they were entered. the footings of all columns are carried forward to the end of the month, when the totals of all distribution columns, excepting sundries, are posted to the debit of the corresponding ledger accounts. the footing of the _vouchers payable_ column, less unpaid amount brought forward, must agree with the total footings of all distribution columns, since it represents the total of all vouchers registered. the net amount, that is, the footing of the _vouchers payable_ column, less the amount of unpaid vouchers brought forward, is posted to the credit of a vouchers payable account. on the credit side of the cash book, two columns headed _vouchers payable_ are provided for the entry of payments. one column is headed discount and the other _amount of check_, the discount column being a memorandum only. at the end of the month the total of these columns is posted to the debit of the vouchers payable account, the controlling account of the voucher register. when the footing of _unpaid vouchers_ is brought forward at the end of the month, it should agree with the balance of the vouchers payable account. another method of handling unpaid vouchers is to provide both _debit_ and _credit_ columns on the voucher register, headed _suspense accounts_, as shown in fig. . all unpaid vouchers are carried to the credit column at the end of the month, and when paid the entry is made in the debit column. footings of the suspense columns are carried forward in pencil, for, when all amounts on one sheet have been paid, those items need not be considered in obtaining the balance. one advantage claimed for this method is that it keeps the _vouchers payable_ column free of all but current items. another feature of this form, fig. , is the absence of a check number in the _payment_ column. in this case, a voucher check is used, which necessitates but one series of numbers. when bills are audited, the voucher checks are made out and numbered, but the dates are omitted until payment is made, when they are entered with other particulars under the head of _payments_. an objection is sometimes made that with the voucher system, allowing but one line to an invoice, no provision is made for partial payments. this can be easily overcome with this form of register. any unpaid balance of a current item will be carried to the _suspense_ column. if further partial payments are likely to be made, the amount should be entered in the _credit_ column and the name of the payee in the _remarks_ column. several lines should then be allowed for the account, permitting the entry of as many separate payments. when all bills are paid as soon as audited, taking advantage of cash discounts, there is no necessity for columns intended to care for suspense items. all vouchers will be paid not later than during the month next following the date of entry, and there will be no unpaid vouchers not found on the current or next preceding month's record. = . operation of voucher system.= while accountants have introduced many details into the operation of the voucher system, all intended to make the application of the system more nearly perfect in some particular business, the general routine of conducting the system is summed up in the following: . auditing of invoices. . executing and registering vouchers. . filing audited vouchers. . paying vouchers. . filing paid vouchers. . indexing paid vouchers. = . auditing of invoices.= when invoices are received they should immediately go to the purchasing agent. if there is no regularly appointed purchasing agent, or in a business like a department store where there are several buyers, the invoices should be kept by the auditor, comptroller, or chief accountant until the goods are received, when he will obtain the o. k. of the person who ordered the goods or incurred the obligation. pending the receipt of the goods, the invoices should be filed alphabetically, under the name of the vendor. the file may be one of the flat files which can be kept on the desk or if the number of invoices be large, a section of a vertical file drawer can be used. when the goods have been received, which will be attested by a report in some form by the receiving clerk, the invoice is o. k.'d for quantities and prices by the buyer, and extensions are checked by the auditor or chief accountant. = . executing and registering vouchers.= as soon as the invoices are audited, vouchers are executed and entered in the invoice register. extensions are made to the proper columns, placing the accounts on the books, just as would be done if invoices were credited to accounts of the vendors in the general or purchase ledgers. vouchers should never be made for invoices in dispute, as to prices or on account of claims for shortage, damaged goods or other cause. until such claims are adjusted, the invoices should be kept in a file reserved for items in suspense. when the books are closed, such items must be included under liabilities in the balance sheet. to avoid actually entering them on the books, they may be entered in the balance sheet under some such caption as "_suspense accounts_." = . filing audited vouchers.= the vouchers are now ready for filing until date of payment. this does not apply if invoices are always paid as soon as audited, but in the majority of business houses at least a part of the vouchers will not be paid until the last due date; or if discounts are taken, they will be paid on the last discount date. some provision must be made for bringing these vouchers to notice on the date at which they should be paid. for this purpose, a "tickler" or date file is used. this consists of a file with an index of numbered index sheets, intended to represent the days of the month, and sometimes a set of twelve index sheets printed with the names of the months. the audited vouchers are filed under the date when payment is to be made, either the discount date or the last due date, by placing them back of the index sheet bearing the corresponding number. to illustrate; if an invoice is dated the nd of the month, and terms are / , the last discount day will be the th, and the voucher will be filed back of the no. index sheet. if payment is due in a subsequent month, the voucher is filed back of the corresponding monthly index, then on the first of the month these vouchers are distributed under the proper dates. = . paying vouchers.= each day the vouchers filed back of that day's index are removed from the file for attention. if for any reason they are not to be paid that day, they should be filed under the next date when it is desired to bring them to notice. it may be well to note at this point that the vouchers and invoices are usually filed together in the date file. the check is now written and entered in the cash book or the check register, attached to the voucher, and mailed. or if a voucher check is used it is only necessary to date and enter. these payments are posted from the cash book to the voucher register. it is not a safe plan to enter the voucher check direct in the voucher register, as postings to the cash book are liable to be overlooked. payments in one day may be recorded on widely separated pages of the voucher register, while in the cash book or check register they would be entered consecutively, making posting much less difficult. when the voucher and check have been mailed the invoices are placed in a temporary file, indexed alphabetically, where they are kept until the return of the receipted voucher. it will be noted that we do not advocate mailing the original invoice with the voucher. this temporary file is examined from time to time, and if any vouchers have been out an unreasonable length of time, the vendors are asked to sign and return them, or sign duplicates sent for the purpose. when the voucher check is used, the temporary file for invoices is not required. the checks, if cashed, must be returned through the bank, and the invoices can be filed permanently. = . filing paid vouchers.= on the return of the voucher, properly receipted, the invoices which it pays are removed from the temporary file, when all are ready for permanent filing. the invoices are permanently filed in an alphabetically indexed file, under the names of the vendors, keeping all invoices from each firm together. at some time before filing, preferably when the voucher is executed, the voucher number should be entered on the invoice, and when several invoices are paid by one check, they should be fastened together with a staple or other suitable device. the paid vouchers should be filed in numerical sequence, with indexes numbered by 's and 's to separate them and to assist in locating any desired number. if we want to find voucher no. , we turn to the index , constituting the main division, then to index , back of which the desired voucher will be quickly located. a file should be procured of suitable size to accommodate the voucher to be filed. [illustration: fig. . card index of vouchers paid] = . indexing vouchers.= with the permanent filing of the paid voucher the transaction is closed, with one exception. there must be another index to the voucher file. knowing the number, we can quickly locate any voucher or find its record on the register, but if we want to locate the voucher paid to jackson & co.--without knowing the number--we have no guide. reference to the original invoices, filed alphabetically, on which the numbers are noted, will locate the voucher, but there are vouchers for which no invoices are on file. to locate these by name of payee, an alphabetical index is necessary, and it is advisable to include all vouchers even when invoices are on file. for this purpose, a card index is recommended, and a suitable form is shown in fig. . a card is used for each person or firm to whom vouchers are issued, and all vouchers are listed by date and number. the cards are filed alphabetically, making it easy to find any name. = . voucher file.= the manner of filing and indexing invoices and vouchers, from the receipt of the invoices to the permanent filing of the paid voucher, has been explained. for the file itself, the vertical file is recommended. [illustration: fig. . file showing method of indexing vouchers] fig. illustrates one drawer of a vertical file, subdivided with the different indexes required, showing how in a small business a single drawer can be made to answer all purposes. in a large business several drawers would be required. the first drawer would be for pending invoices, where would be filed invoices for which shipments have not been received. the second drawer would contain audited vouchers held for payment, and suspense items; the latter including invoices held for adjustment of claims. paid invoices and paid vouchers would each require a separate drawer. files should be selected with reference to the size of the papers to be filed. manufacturers of such equipment now supply cabinets in sections, in a great variety of sizes, making it possible to build up a filing cabinet with drawers to fit every paper of standard size. demonstration = .= the operation of the voucher system in respect to the records in the register is demonstrated in the illustration, fig. , the record showing how the following transactions are handled. invoices listed have been audited for payment. [illustration: fig. . voucher register showing entries] --jan. th-- national mercantile co. bbls. flour $ . $ . dated jan. th terms / , n/ --jan. th-- western grocer co. cases soap . . dated jan. th terms / , n/ --jan. th-- morton salt co. bbls. salt . . dated jan. th terms / , n/ --jan. th-- paid voucher no. to national mercantile co. --jan. th-- paid voucher no. to western grocer co. --jan. th-- watson & snow bbls. vinegar, gals. . . dated jan. th terms n/ --jan. th-- jennings coal co. tons coal . . dated jan. th terms n/ --jan. th-- paid pay roll wages of laborers . office salaries . --jan. th-- paid voucher no. to morton salt co. the illustration, fig. , shows the complete record of these transactions in the voucher register. the total footings of all distribution columns agree with the total of vouchers payable column, proving the extensions to be correct. the combined totals of checks and discounts equal the total payment column. unpaid vouchers are extended, and the total of this column added to the total payments equals the total of vouchers payable. [illustration: fig. . cash disbursement book] our voucher register being in balance, footings are now posted. the total of _vouchers payable_ column is posted to the credit of that account in the general or private ledger, and the footings of the distribution columns are posted to the debit of their respective accounts. fig. illustrates how the payments are recorded on the disbursement or credit side of the cash book. when the checks are written they are entered in the cash book, from which they are posted to the voucher register. voucher numbers are entered when the amounts are posted. at the end of the month the columns are footed, and the totals of the discount and check columns are posted to the debit of vouchers payable. footings of _discount_ and _total_ columns are posted to the credit of discount on purchases and bank accounts. the vouchers payable account in the ledger would now appear as follows: _vouchers payable_ dr. cr. balance $ . $ , . $ . we have already seen that the voucher register balances, and turning to that record, we find the footing of the unpaid vouchers column to be $ . , which agrees with the balance of vouchers payable account. exercise prepare a form of voucher register providing for distribution to the following accounts: merchandise, purchases, in-freight, expense, salaries, and sundries. one of the chief requisites of the accountant is the ability to prepare suitable forms for accounting records. care should be used in preparing this form to omit no detail that should be included in such a voucher register. when the register has been prepared, record the following transactions. --feb. th-- enter the following invoices # jones & laughlin for merchandise $ . date / , terms / , n/ . # francis & roberts for expense date / , terms cash . --feb. th-- # david nelson & sons for merchandise . date / , terms / , n/ paid henry meyer for salary . check # --feb. th-- paid jones & laughlin by check # , voucher # less cash discount --feb. th-- paid francis & roberts by check # , voucher # less cash discount --feb. th-- paid david newman for rent . check # --feb. th-- enter the following invoices # national furniture co. for office furniture . date / , terms / , n/ # watkins & hollister for merchandise . date / , terms / , n/ --feb. th-- paid david gillette, agt. for in-freight . check # foot all columns as for posting at end of the month. unit system of voucher accounting = .= in all classes of accounting records, the unit system is rapidly gaining in popularity. the unit system, so called, consists of individual records of each transaction or each item recorded, instead of a combination of several transactions in one record. the increase in the use of the unit system has been brought about very largely by the improvements in typewriters, which make it possible to produce several copies of a given document at one writing. an example of the application of the unit idea is seen in modern sales records, where duplicate invoices are made, one copy serving as a sales sheet and posting medium. [illustration: a view in the general offices of the s. obermayer co., cincinnati, ohio] the unit system has been very successfully applied to voucher accounting, saving much time and resulting in very complete records. compared with ordinary voucher systems, the most prominent feature of the unit system is a method of distribution by filing, rather than by means of a voucher register. all vouchers are made on the typewriter, in manifold, one or more copies being used for record purposes only. the original is used exactly as described in the preceding pages. an essential feature of the system is that a copy of the voucher is provided for each account to which it is to be distributed. when one account only is involved, the voucher is made in duplicate, but if the amount is to be distributed to two accounts an extra copy is required. the voucher should be so arranged that the distribution can be shown on the face of the duplicate and triplicate copies. the duplicate voucher is filed according to its distribution, instead of recording the amount in the voucher register. a vertical file is used for this purpose. the index cards are headed with the names of the accounts, and are arranged in the order of the accounts in the ledger; this being the order in which the same accounts would be arranged in a voucher register. back of each index is a folder in which the vouchers are filed. each voucher copy is filed in the folder representing its proper account, and is securely fastened to the folder with a staple or paper fastener. when this voucher is filed it is also recorded on the outside of the folder, which is printed as shown in fig. . this form is designed for a record of amounts, distributed under the proper monthly headings. the amount of each voucher is carried to the current month's column. at the end of the month, the footing of the column shows the amount to be charged to that particular account in the general ledger. to arrive at the total of vouchers payable account, a recapitulation sheet, ruled as shown in fig. , is used. this is an index card, and is placed in the front of the file. totals of all account folders are entered in the proper columns of this sheet, at the end of each month. payments are posted to this sheet at the end of the month, from the cash book, and the balance extended. this balance, of course, represents the unpaid vouchers and is checked against the unpaid voucher file. [illustration: fig. . front of folder for unit system of voucher accounting] [illustration: fig. . monthly recapitulation for unit system of voucher accounting] the totals of the different account columns are posted to their respective accounts in the general ledgers, either directly from the recapitulation sheet, or through the journal. the recapitulation sheet, as here shown, is a transcript of the vouchers payable account, and might be used as a ledger card, but it is generally considered better practice to carry the account in the general or private ledger, as usual. such a voucher system furnishes a complete record, with much less transcribing of items, than is involved in the use of the voucher register. the copy of the voucher is made at the same writing as the original, the amount of each individual voucher is entered but once, on the account folder, and monthly totals, only, are carried to the distribution columns on the recapitulation card. this system is equally well adapted to the loose-leaf method. a sheet is used for each account, behind which the vouchers are filed, and a monthly recapitulation sheet is provided for distribution. combined purchase ledger and invoice file = .= not every business readily adapts itself to a complete voucher system. special conditions sometimes arise which make it seem advisable to keep ledger accounts with all firms from whom the business is making purchases. a case in point is a business, lacking capital to pay all bills promptly, necessitating payments on account, or by note, instead of payments covering certain invoices in full. to obviate the difficulties, in maintaining a complete voucher record, under these and similar conditions, many substitutes have been devised. as an example of what may be accomplished in this direction, we illustrate a system which is in successful operation in a manufacturing business. in the ledger, the usual nominal accounts are kept but no purchase or voucher register is used. columns are provided on the credit side of the cash book for such expense accounts as are usually paid in cash, that is, for which no invoices are rendered, and for accounts payable. for the purchase accounts with firms and individuals, a vertical file is used. each creditor is assigned a folder, on the front of which a suitable record form is printed. this form is shown in fig. . the name and address are written at the top, and the ledger account is kept in the columns at the extreme left of the form. all of the columns for distribution are left blank, it being seldom that purchases from one firm are distributed to more than a half dozen different accounts. when an invoice has been o. k.'d it is immediately filed in the proper folder. the total is entered in the credit column and distributed to the proper accounts, the names of which are written at the head of the distribution columns. payments on account are posted to these ledger accounts from the cash book. if the distribution is properly made, the totals of all distribution columns will agree with the total of the credit column. at the end of the month the total of these distribution columns on the individual account folders are drawn off on the monthly recapitulation sheet illustrated by fig. . the totals shown by the recapitulation are posted to the debit of the corresponding ledger accounts, while the grand total is posted to the credit of accounts payable account;--which is the controlling account of the purchase ledger. totals of payments on account are posted to the controlling account from the cash book. the proof of accuracy of the controlling account is found in the usual way, by checking against the balances of the individual purchase accounts. with this system, invoices are filed, and the amounts posted, with practically one operation. the items which make up each ledger account are distributed as soon as posted, totals only being carried to the recapitulation sheet, from whence they reach the ledger. accounts are quickly located, as the folders are indexed alphabetically. when an account is balanced it must be left in its place until the end of the month, provided credits have been entered in the current month, so that totals of distribution will be carried to the recapitulation sheet. at the end of the month, all accounts which balance may be transferred to a section of the file reserved for closed accounts. should any of these accounts again become active, they are transferred to the regular file without the slightest confusion. for the purpose of saving time, the balances of all open accounts may be drawn off when the totals of the distribution columns are obtained. [illustration: fig. . combined purchase ledger and voucher system] [illustration: fig. . monthly recapitulation and distribution sheet] while not recommended for general adoption this system has its points of merit, and in certain contingencies would undoubtedly prove very satisfactory. the main reason for its publication in this work is to show the possibilities of modifying a system, in respect to details, without destroying its more important features. the voucher feature, the obtaining of a formal receipt for every payment, can be maintained just as effectively with this system as with a more formal voucher system. the private ledger = .= a ledger, devised to contain such accounts as the principals of a business desire to keep from the knowledge of the bookkeeper or other office employes, is known as a private ledger. the title is also frequently used to designate an ordinary general ledger. the accounts most frequently found in the private ledger are capital accounts, profit and loss, reserves, surplus, bills payable, bonds and mortgages payable, and controlling accounts with the general or personal ledgers. it may also contain such accounts as salaries of officers, or partners, investment and drawing accounts, and accounts with real or nominal assets. if it is desired to keep from the employes, knowledge of the exact nature of any transaction, or the standing of a particular account, it can be done by making use of the private ledger. when both ledgers are used, the private ledger contains only those accounts which it is desired to keep _private_, while the general ledger is kept for all other accounts, except those included in the personal ledgers. the private ledger is most commonly used in large businesses where, for various reasons, a number of employes have access to the books, and it is desired to keep them in ignorance of the private affairs of the concern. the private ledger is usually kept by one of the partners, an officer, the auditor, or the chief accountant. = . advantages of private ledger.= the primary advantage of the private ledger to the principals of a business, is that by its use, they can keep to themselves all details of transactions of a special nature. some other advantages that accrue to the principal may be enumerated as follows: he can, through the private ledger, keep an eye on the activities and condition of the business as a whole, or of any particular department or branch of that business. he can keep in touch with the liabilities, or with the total amount of personal accounts outstanding. he can absolutely control the distribution of expense in manufacturing operations. he can keep from his employes, knowledge of the profits or losses of the business. partners can keep private the amount of their investments, or the salaries drawn. salaries paid to individual officers or employes can be kept private. dividends declared, capital subscribed, investments of a special nature, or amount of assets of any kind, can all be kept from the knowledge of employes. = . how operated.= accounts in the private ledger must not conflict with accounts in general or personal ledgers, and the fact that private accounts are kept should not interfere with the balance of the general books. to insure against any such conflict, a private ledger controlling account is kept in the general ledger. in the general cash book, and sometimes in the journal, debit and credit columns headed _private ledger_ are provided. all entries affecting private ledger accounts are extended in these columns, but no particulars are recorded. at the end of the month, the totals of these columns are posted to a private ledger account in the general ledger. this controlling account then appears in the general ledger trial balance, and must agree with the balance of accounts in the private ledger. with the private ledger a private journal is used, in which entries affecting private ledger accounts are made, with explanations in detail. as an example of the use of the private ledger we will suppose that a payment of $ . is to be made to a certain party, and it is desired to keep that transaction private. the bookkeeper is instructed to draw a check for the amount, to be charged to private ledger account. he enters the check in the general cash book, debiting private ledger and crediting cash or bank. the entry is posted from the general cash book to the private journal, where full particulars are recorded, from which it is posted to the private ledger. in the case referred to, the amount of the check is debited to the proper nominal account, and credited to a general ledger account. the general ledger account in the private ledger is a controlling account which agrees with the private ledger account in the general ledger. only entries affecting general ledger accounts are posted to this account. entries involving changes in private ledger accounts only, are made in the private journal direct. some concerns keep the controlling accounts with the sales and purchase ledgers in the private ledger. at the end of the month, total debits and credits to accounts in these ledgers are entered in the private journal. these totals are obtained from the general cash book, sales book, purchase book, and any other books from which postings are regularly made. [illustration: fig. . cash book with columns for private ledger accounts] when a private ledger is kept, it precludes the possibility of forced balances in the general ledger trial balance, since the balances of the private ledger accounts must agree with the private ledger controlling account in the general ledger, and if sales and purchase ledger controlling accounts are kept in the private ledger, these must balance with the personal accounts in those ledgers. the use of a private ledger not only acts as a check on trial balance errors, but simplifies the trial balance by making possible a proof of ledgers in sections. fig. is an illustration of a cash book with columns for the private ledger account. = . manufacturing accounts in the private ledger.= not infrequently, manufacturers find it advisable to keep private certain details which affect costs, or even all knowledge of the exact cost of their manufactured product. this may be done by keeping certain manufacturing controlling accounts in the private ledger. in determining the cost of manufacture of any class of goods, three elements enter into the computation; material, labor, and expense. to determine the cost of the first two items is comparatively simple, requiring only an efficient system of records in the factory. but to determine the amount of expense of all classes, included in the cost of a given article, job, or operation, is more difficult. a system of records that will show the exact cost of such items as power, heat, or taxes properly chargeable to an individual job or operation is obviously impossible, and it has been found necessary to apportion these, and all similar items of expense, on a percentage basis. usually this percentage is based on some element of cost which can be determined with accuracy. cost accountants and engineers have worked out this percentage on the basis of various elements of cost, as direct labor, material, machine hour, man hour, or a combination of two or more of these elements. the exact method used, which must be adapted to the conditions existing in the individual factory, does not enter into this discussion. since there are numerous items of expense of the character referred to, it is customary to group them, for purposes of cost computation. sometimes all such expense items are grouped under the one head of general expense. it is by means of a controlling account in the private ledger, that the distribution of expense is made, thereby keeping private the exact cost of manufacture. the known cost of a certain job or article--the cost of material and labor--is frequently referred to as the prime cost. the duties of the cost clerk may end with determining the prime cost, his computations not including expense items. the total cost of material and labor for the month is charged to private ledger account, material and labor accounts receiving proper credit. the exact amounts of the various items of expense for the month are also charged to private ledger account, with credits to expense accounts. in the private journal, these items are charged to various controlling accounts, and credited to the general ledger controlling account. the usual entries are: manufacturing account $______ general ledger $______ for material $______ for labor $______ expense distribution $______ general ledger $______ for rent $______ for power $______ for repairs $______ etc. etc. the percentage of expense for the current month on whatever element based, has been determined from the actual results of the preceding month. to illustrate, we will suppose that expense is apportioned on the basis of direct labor; the cost of this item during the month was $ , . , and the amount of expense charged to operation of the plant during the same period was $ . ;--which gives us a ratio of %. we wish to determine the cost of jobs as they are completed during the current month. the records turned in by the cost department give us the actual cost of material and direct labor, but not knowing the exact ratio of expense to direct labor for this month, we use last month's ratio, and add an amount equal to % of the known cost of direct labor. when the actual results for the month are determined it is quite probable that the ratio will vary from last month's record, as either factor may change. it will be necessary to adjust this difference, which is the reason for an expense distribution or expense adjustment account in the private ledger. by keeping the expense controlling account in the private ledger, the principal can keep private, not only the actual cost of an article, but the percentage of expense and the basis of the expense apportionment. if thought desirable, he can add further amounts for the purpose of establishing a selling price. in actual operation, the amount of expense to be charged against completed work will be computed, and the following entry made: manufacturing account $______ expense distribution $______ the amount of expense charged to jobs completed. if the expense ratio used were exact, the expense distribution account would balance at the end of each month, but owing to the fluctuations, a balance will remain. this is adjusted by increasing or decreasing the percentage used during the following month, and in this way the accounts are kept in balance. manufacturing account has been charged with labor, material, and expense,--the total manufacturing cost. completed goods are charged to a finished goods account, the entry being: finished goods $______ manufacturing account $______ net cost of goods completed but manufacturing account will not balance, for there always will be work in process, and the balance of the account will be the cost to date of this work in process, a most important record. this discussion is not intended to cover every possible use of the private ledger, but, by means of examples, to suggest its possibilities. the explanations and examples should afford the student many hints of value. exercise on a certain date, the following transactions are recorded on the books of carter & adams: purchases on account $ . sales on account . paid for rent . sales for cash . henry carter (partner) withdrew cash . john adams (partner) advanced to the business . what items in the above list of transactions should, in your opinion, be posted to the private ledger? on journal paper, make the entries and show necessary private ledger accounts. charting the accounts = .= the proper arrangement of the accounts of a business is best shown by a chart, in which the accounts to be kept are grouped according to their relative importance. in laying out a chart of accounts, they should be first separated into their proper divisions. the natural divisions are capital, trading, and profit and loss. each division contains only those accounts that naturally belong in that particular class. these divisions are then subdivided into groups containing specific kinds of accounts, the groups being arranged in logical sequence. as an example, the trading division of a manufacturing business is divided into manufacturing and trading. there may be several subdivisions of the manufacturing account; several classes of goods may be manufactured and a manufacturing account kept for each class, or it may be necessary to manufacture completed parts, each requiring a complete manufacturing process. detailed costs being required for each of these completed parts, manufacturing accounts are kept for each, the main division representing the cost of the finished product, as a result of the assembling of the parts. the completed parts are treated as raw material, when drawn for use in the finished product, the total costs being finally absorbed by the main manufacturing account. one of the many examples that might be cited is a packing business, operating its own can factory and keeping a manufacturing account to show the cost of cans. other accounts show the cost of the product packed in those cans, and both costs are absorbed in the cost of the commodity as marketed. the trading account is similarly subdivided. in a department store, the manager of a department may receive a certain percentage of the profits of his department. this necessitates trading accounts for each department. a mercantile concern may operate branch stores and keep trading accounts with each, on the books of the main office; a factory may produce several lines of goods, with a corresponding subdivision of trading accounts. a chart of accounts not only furnishes a guide to the bookkeeper, but presents in the most logical form, the natural divisions of the business. it is both a working guide and a mirror of the accounting records. = . chart of small trading business.= the most simple chart of accounts is one for a small trading business conducted by a single proprietor. following is a chart of the accounts of such a business. [illustration: fig. . chart of profit and loss accounts] a study of this chart will disclose the reasons for the general grouping of the accounts. the first general group, capital accounts is subdivided into assets and liabilities. the assets are grouped in the order of their availability; the order in which they can most readily be converted into cash. the liabilities are grouped according to the security; unsecured, secured and capital. there being but one trading account, it is represented by a single group, purchases and in-freight representing the cost of goods, and sales the gross proceeds. the balance of this account exhibits the gross profits. [illustration: fig. . chart of profit and loss accounts] we now come to the profit and loss account by which the trading or gross profits are absorbed. this group contains, first, the revenue producing accounts not represented in the trading account; second, the revenue expenditures or expense accounts. the outer brackets of the chart group all of the accounts under _debit_ and _credit_. this shows that the balances of the accounts are debit or credit as the case may be. we have traced the profits to the profit and loss account, but in closing the books they will finally be absorbed by the proprietor's capital account. the chart, fig. , traces the profits from trading to proprietor's account. in the trading account, the gross profit completes the balance. this profit is now absorbed by the profit and loss account. net profit completes the balance of profit and loss account, and is, in turn, absorbed by the proprietor's account. here, the net profit added to previous investment, equals the present worth. the chart, fig. , also traces profits to the proprietor's account. = . chart of manufacturing accounts.= a chart of the accounts of a manufacturing business follows similar lines to that of a trading business, the only change being the addition of the accounts of the manufacturing group. the accounts of this group will depend both upon the nature of the business and the extent to which the details of operation are recorded. a chart of the accounts of a harness and saddlery manufacturing business is given herein. this business is divided into three departments; harness, collar, and saddlery. a record of the gross profits, resulting from the operation of each department, being desired, we have three manufacturing and three trading accounts. the chart shows the accounts classified to exhibit detailed operations of each department. the number of accounts in this chart is . this is rather more than is required in the average business of this character, but the chart furnishes a good illustration of the possibility of segregating accounts of various classes. even so large a number of accounts, with the minute subdivisions here shown, does not present the difficulties that might appear at first glance. the principal requirement is a thorough knowledge of the items entering into each account; the actual keeping of the accounts is a matter of close attention to these details. when an elaborate chart of accounts is laid out, it should be accompanied by detailed explanations and instructions. some large concerns issue printed instructions which are given to all officers and employes who may be called upon to determine, to what account an item should be charged. chart of accounts--harness manufacturing capital accounts _assets_ cash bills receivable accounts receivable inventories--harness department finished stock leather hardware supplies inventories--collar department finished stock leather hardware supplies inventories--saddlery department finished stock leather hardware supplies inventories--machinery machinery--harness machinery--collar machinery--saddlery inventories--tools tools--harness tools--collar tools--saddlery inventories--general office fixtures and supplies delivery equipment real estate--land and buildings _liabilities_ accounts payable bills payable mortgages reserves depreciation of buildings depreciation of machinery depreciation of tools and fixtures bad debts capital stock surplus manufacturing accounts _a_ harness department purchases--leather purchases--hardware purchases--supplies in-freight labor--cutting department labor--manufacturing department inventory adjustment _b_ collar department purchases--leather purchases--hardware purchases--supplies in-freight labor--cutting department labor--manufacturing department inventory adjustment _c_ saddlery department purchases--leather purchases--hardware purchases--supplies in-freight labor--cutting department labor--manufacturing department inventory adjustment _d_ manufacturing expense adjustment power, heat and light engine room supplies salaries--superintendent and factory clerks wages engineers and miscellaneous general factory expense repairs and maintenance--buildings repairs and maintenance--machinery repairs and maintenance--tools trading accounts _e_ harness department sales returns and allowances inventory adjustment _f_ collar department sales returns and allowances inventory adjustment _g_ saddlery department sales returns and allowances inventory adjustment _h_ profit and loss interest credits cash discount credits rent credits _i_ administration insurance and taxes salaries--officers salaries--bookkeepers and clerks printing and stationery legal expenses postage, telegraph and telephone office expenses traveling expense--officers misc. general expense _j_ sales expense advertising salaries--salesmen commission traveling expense--salesmen trade show expense out-freight and express _k_ collecting collection fees cash discounts allowed _l_ delivery expense wages maintenance horses and wagons maintenance motor trucks _m_ depreciation adjustment buildings machinery tools and fixtures bad debts = . chart explained.= the following explanations will give the student a working knowledge of the operation of these accounts. accounts, to , inclusive, comprising assets and liabilities, are omitted, as no instructions will be required for keeping these accounts. all accounts are referred to by number. . _purchases--leather._ charged with all purchases of leather for use in harness department. credited with all leather transferred to other departments. . _purchases--hardware._ charged with all purchases of hardware for use in harness department. credited with all hardware transferred to other departments, . _purchases--supplies._ charged with all purchases of supplies and materials, other than leather and hardware, for use in harness department. credited with all transfers to other departments. . _in-freight._ charged with the cost of freight and cartage on all purchases for the harness department. totals pro-rated to department purchase accounts at the end of each month. . _labor--cutting department._ charged with the wages of all men employed in cutting department, including foreman. . _labor--manufacturing department._ charged with the wages of all harness makers, and others employed in the harness manufacturing department. . _inventory adjustment._ an account used for the temporary adjustment of inventories for the purpose of obtaining monthly balances. at the end of the fiscal period, or whenever the books are closed, the balance of this account is transferred to inventory accounts. accounts to , inclusive, are finally closed into a harness manufacturing account. the same instructions apply to accounts to , inclusive, in respect to the collar department, and to accounts to , inclusive, in respect to the saddlery department. . _power, heat and light._ charged with all fuel and electric power, consumed for power, heat and light. . _engine room supplies._ charged with all oils, waste and other supplies, used in the engine room. . _salaries--superintendents and factory clerks._ charged with salaries of general superintendent, superintendent's clerk and all clerks employed exclusively in the factory, as time keepers and clerks. . _wages--engineers and miscellaneous._ charged with wages of engineer and assistants, wages of shipping clerk and assistants, wages of receiving and stock clerks, wages of all general laborers whose time is not chargeable to a specific department. . _general factory expense._ charged with all miscellaneous items of factory expense not provided for in other accounts. . _repairs and maintenance--buildings._ charged with all material and labor consumed in the repairs and maintenance of buildings. . _repairs and maintenance--machinery._ charged with same items as no. , as applied to machinery. . _repairs and maintenance--tools._ same as no. , applied to tools. accounts to , inclusive, are closed into a manufacturing expense adjustment account, monthly. this account is credited with expense charged to each departmental manufacturing account, the distribution being made on a percentage basis. . _sales--harness department._ credited with the amount of all sales in the harness department. . _returns and allowances._ charged with all returns and allowances on account of harness sales, except cash discount. . _inventory adjustment._ an account used for the temporary adjustment of inventories of finished stock, for the purpose of obtaining monthly statements of gross profits. at the end of the fiscal year, the balance of the account is transferred to inventory of finished goods account, through the trading account. accounts to , inclusive, are closed into a harness trading account, at the end of the fiscal year. for purposes of comparison, monthly trading statements are made, leaving these accounts undisturbed until the end of the year. accounts to , inclusive, and to , inclusive, are handled exactly the same manner, in relation to the collar and saddlery departments. . _interest credits._ credited with all interest collected on past due accounts, or received on outside investments. . _cash discount credits._ credited with all discounts earned by the prepayment of bills. . _rent credits._ credited with all amounts received from rentals of property owned by the company, or as a result of subletting leased property. . _insurance and taxes._ charged with all sums paid for fire, liability or other insurance, state and municipal taxes, and license fees. . _salaries--officers._ charged with the salaries of all administrative officers, and directors' fees. . _salaries--bookkeeper and clerks._ charged with amounts of salaries of all bookkeepers, stenographers, and other office clerks. . _printing and stationery._ charged with the cost of all stationery and printed matter used in the offices. . _legal expense._ charged with attorney's fees and all expense of litigation. . _postage, telegraph and telephone._ charged with all sums paid for postage, and telegraph and telephone service. . _office expenses._ charged with sundry items of office expense, not provided for in other accounts. . _traveling expense--officers._ charged with all legitimate traveling expenses incurred by officers in the interest of the company. . _misc. general expenses._ charged with all expense items not otherwise accounted for. accounts to , inclusive, are closed into an administration account. . _advertising._ charged with all sums paid for advertising, including periodical advertising, catalogs, circulars, and novelties. . _salaries--salesmen._ charged with the salaries of all traveling salesmen. . _commissions._ charged with all commissions paid to brokers or salesmen. . _traveling expenses--salesmen._ charged with all legitimate expenses of salesmen, incurred in the interest of the company. . _trade show expense._ charged with all expenses incurred on account of exhibitions at trade shows. sometimes treated as a part of advertising expense. . _out-freight and express._ charged with all freight and express paid on goods sold at delivered prices. accounts to , inclusive, are closed into a sales expense account. . _collection fees._ charged with all fees paid to banks, attorneys or others, for the collection of accounts. . _cash discounts allowed._ charged with all allowances to customers, for prompt payment of bills. accounts and are closed into a collecting account. . _wages._ charged with the wages of drivers and barn men. . _maintenance.--horses and wagons._ charged with cost of feed, stable supplies, repairs to harness and wagons, blacksmithing and horse-shoeing. . _maintenance--motor trucks._ charged with all expense of up-keep and repairs to delivery trucks. accounts to , inclusive, are closed into a delivery expense account. . _depreciation--buildings._ credited monthly with current charges for depreciation. , , and . handled the same as no. . accounts and are closed into a depreciation adjustment account. [illustration: manufacturing ledger with closing entries] [illustration: manufacturing ledger with closing entries] [illustration: manufacturing ledger with closing entries] the illustrations (pp. - ) show how all of these accounts are assembled into main groups, and finally closed into profit and loss, and capital accounts. an explanation of the accounts in the harness department will be sufficient to show how all of the accounts are treated. harness manufacturing, account _a_, is charged with accounts to , inclusive, and the proper portion of account _d_. it is credited with the cost of all finished goods, the amount being transferred to account _e_, harness trading. it is credited with the increase in inventories over the preceding month, this amount being transferred to account ; if inventories show a decrease, the amount is charged. harness trading, account _e_, is charged with cost of finished goods from account _a_; with account ; with gross profits, transferred to profit and loss, account _h_. it is credited with sales, account ; with increase in inventory, account . gross profits on account of trading are closed into profit and loss. inventory adjustment accounts nos. and , are still open and the balances show total inventories. the actual amounts of inventories are transferred to accounts to , inclusive. this will leave a balance in inventory adjustment account no. , representing work in process in the harness factory. these inventory adjustment accounts are closed only at the end of the fiscal year, or when the books are closed. at the beginning of a new fiscal period the inventories are again charged to inventory adjustment accounts, and adjusting entries made monthly in manufacturing and trading accounts. review questions. practical test questions. in the foregoing sections of this cyclopedia numerous illustrative examples are worked out in detail in order to show the application of the various methods and principles. accompanying these are examples for practice which will aid the reader in fixing the principles in mind. in the following pages are given a large number of test questions and problems which afford a valuable means of testing the reader's knowledge of the subjects treated. they will be found excellent practice for those preparing for civil service examinations. in some cases numerical answers are given as a further aid in this work. review questions on the subject of theory of accounts part i . name three objects of bookkeeping. . define and give examples of three classes of debits; of credits. . what are the general rules for debit and credit? . what is meant by the term _balance_? when is an account said to show a debit balance, and when a credit balance? . how many methods of bookkeeping are in use? name them. . how is double entry distinguished from single entry bookkeeping? . what is the fundamental principle of double entry bookkeeping? . name two or more advantages of double entry bookkeeping. . what name is given to books used for bookkeeping records? . into how many classes are account books divided? give examples. . name and give the principal uses of the most commonly used books. . what is meant by _journalizing_? by _posting_? . what is a promissory note? . what is your understanding of the term _bills receivable_ and _bills payable_? . what is the name of the book in which a record of bills receivable and bills payable is kept? . what is _an acceptance_? . what is _discount_? _exchange_? . what is a _deposit slip_ and how is it used? . what is a _signature card_ and what are its uses? . what is meant by _indorsement of checks_? . prepare three forms of indorsement and explain the meaning of each. . what is meant by _petty cash_? how is the account of petty cash kept? . mr. h. b. emerson is a dealer in coal and lumber. that he may know what profits are made in each branch of his business, he keeps accounts in his ledger with coal and lumber. in his sales book, one column is used for lumber sales and one for coal sales. no purchase book is kept. his assets and liabilities are as follows: assets cash in state bank $ , . inventory, coal . " lumber , . frank knowlton, note due aug. nd . $ , . -------- liabilities eastern coal co., open account . northern lumber co., " . . -------- the following transactions are recorded: may . bought from john weber, for cash, lumber $ . ; paid by check no. . may . sold to edward walsh, on account, tons coal @ . , $ . . may . drew from bank for petty cash, check no. , $ . ; sold to franklin & co., lumber, $ . . may . sold for cash, coal $ . ; received from edward walsh, on account, $ . . may . gave northern lumber co., check no. , $ . , -day note, $ . . may . accepted -day draft of eastern coal co., $ . ; paid for repairs to desk, cash, $ . . make all necessary entries in books of original entry to properly record the above. review questions on the subject of theory of accounts part ii . into what two _general_ and what three _special classes_ are accounts divided in double entry bookkeeping? . define and give examples of _personal_, _real_, _representative_, and _nominal accounts_. . what is a _merchandise account_? what accounts are substituted for the merchandise account in modern bookkeeping? in what particular is the use of these accounts an improvement over the older method of using a merchandise account? . name and define four classes of assets, giving examples of each. . give two examples of fixed assets in one business which become floating assets in another business. give two examples of floating assets in one business which become fixed assets in another business. . what are revenue receipts? revenue expenditures? what accounts are designated by the term _revenue accounts_? . what is the broad term by which all revenue expenditure accounts are designated? name and define five commonly used subdivisions of this account. . what is meant by _journalizing_? when purchase and sales books are used, what class of entries are made in the journal? give three examples of journal entries involving transfers of value from one account to another. . what is a _three column journal_, and how is it used? . journalize the following transactions: april . bought from reliance mills, on account bbls. flour @ $ . sold to d. h. pointer, on account bbls. flour @ . sold to h. s. fleming, on account bu. wheat @ . april . gave to reliance mills, my note payable in days, to balance account received from d. h. pointer note for days to balance account. . what is meant by _posting_? explain the operation of posting, using one of the above transactions as an example. . in what particular does posting from the cash book differ from posting from the journal? explain this difference, and illustrate with two examples. . what is a _trial balance_, and for what purpose is it taken? what does a trial balance prove? . what are _cash discounts_? are cash discounts a proper charge against capital, or against revenue? why? . name two ways of treating cash discounts in the ledger, based on your answer to the previous question. . illustrate two methods of entering cash discounts allowed in the cash book; illustrate the customer's ledger account as it would appear after posting the credit, from each of these entries. which method, in your opinion, most clearly shows how the account was settled? . should cash discounts earned be credited against the cost of goods purchased, or credited to profits? why? . what is a _profit and loss account_? what does the balance of this account represent? how frequently is the balance of profit and loss account transferred? to what accounts, in a proprietorship or partnership? in a corporation? . what is a _trading account_, and what is its purpose? with what classes of items should trading account be debited and credited? how is the trading account constructed? . what is meant by the _turnover_? how can the amount of the turnover be shown in the trading account? . what is a _manufacturing account_, and of what items is it made up? what does the balance of the manufacturing account represent? . what is a _merchandise inventory account_, and when and for what purpose is it used? when are the books said to be closed? . what is a _balance sheet_? in what order should the asset and liability accounts be listed on the balance sheet? . from the following trial balance prepare trading account, profit and loss account, and balance sheet. trial balance proprietor (investment) $ , . bill payable , . accounts payable , . bank $ , . accounts receivable , . bills receivable , . merchandise inventory , . furniture and fixtures . purchases , . expense , . discount on sales . interest . sales , . cash . ---------- ---------- $ , . $ , . inventory at end of period $ , . . . give examples of the proper journal entries when the following transactions occur in respect to notes receivable: when a note is received; when a note is paid; when a note is collected by the bank. . complete the explanations of the following entries, and state under what circumstances they would be made: bank $ . interest . bills discounted $ . bills discounted . bank . bills receivable . bills discounted , . bank , . . make the proper journal entries under the following circumstances: when a note is past due; when a note is renewed; when a renewed note has been discounted. . we buy from marshall field & company a bill of dry goods, amounting to $ . , and give them our note @ days in payment. what entry? . marshall field & company discount our note, and it is presented for payment by the continental national bank. we give our check in payment of the note, with interest @ %. how much do we pay, and what is the entry? . we borrow $ , . from our bank on our note @ days, interest @ %. what is the exact entry? . when a draft has been accepted how should it be treated on the books? . what is the proper entry when a customer pays our sight draft? . we draw on george johnson for $ . @ days sight. he accepts the draft, which we discount at our bank days later, the bank charging us % interest. what entries are necessary? . we accept a draft from john v. farwell & co. for $ . payable in days. what is the entry on our books? what is the entry on the books of farwell & co.? . we pay a sight draft drawn by cable piano co. what entry? review questions on the subject of single proprietors' and partners' accounts . what books are generally used in a small retail business? what is a blotter, and how is it used? . what is the special feature of the journal ruled ledger, and of what advantage is such a ledger in a retail business? . in a single proprietorship, what does the proprietor's account represent? . name one good reason why withdrawals of the proprietor should be charged to a personal account. . when the books are closed, what account absorbs the profit or loss? . what is meant by _taking an inventory_, and what processes are involved? . should an inventory be based on _cost_ or on _selling_ prices? why? . what is meant by _closing the books_? . in a retail business, such as is discussed in the text, what regular accounts are closed into trading account? . what does the balance of trading account represent? into what account is this balance closed? . what does the difference between assets and liabilities, as shown by the balance sheet, represent? in a single proprietorship, with what ledger account does this balance agree? . george thompson commences business to-day, with assets consisting of cash, $ , . ; an account due from henry watson, $ . . his transactions consist of purchases on account as follows: from henry karl & co. $ . " white & black . purchases for cash . sales for cash . " on account . paid on account to karl & co. . collected on account . paid for sundry expenses . inventory at close of business . open the books, enter the transactions in journal, cash book, and sales book, and make all postings to the ledger. prepare a trial balance, at the close of business, prepare a trading account, close into profit and loss, and close net profits into proprietor's account, prepare a balance sheet, . what is a sales ticket, and for what purpose is it used? . what benefit is derived from keeping departmental purchase and sales records. . prepare suitable forms for departmental purchase and sales records for a business divided into three departments. . what is a partnership? . what is the purpose of a partnership agreement? . by what names are the different classes of partners known? . on what basis are the profits of a partnership usually divided? . how are the _personal_ and _capital_ accounts of partners distinguished? what is the purpose of each of these accounts? . when the books of a partnership are closed, into what accounts are the _revenue_ accounts closed? into what accounts is the _profit_ and _loss_ account closed? . when the business of a partnership is sold, or liquidated, how are the net assets divided? . if any part of the assets, other than the goods in which the firm is trading, brings a price above cost, what journal entry is necessary? what entry if the price is below cost? . when partners invest unequal amounts in the business, what is the usual method of adjusting the inequality? . white, black, and brown who have been conducting business under a partnership agreement, decide to liquidate the business and dissolve the partnership. in the final settlement white agrees to accept the accounts receivable, which amount to $ , . , in part payment of the amount due him, provided % is first charged off to cover doubtful accounts. what journal entry is necessary? . h. w. hackett has been conducting a grocery business. his books have been kept by double entry, and were last closed december st, . at that time, his net worth was $ , . . april th, , he sold to john ransom a half interest in the business for $ , . . ransom made a cash payment of $ , . , and gave his note for $ . payable on demand, with interest at %. the profits for the four months ending april th, , (estimated from the books), were $ . . this amount was to be allowed to mr. hackett and placed to his credit on the books. make journal entries for the allowed profit and for the sale of the half interest. the books are not to be closed at the beginning of the new partnership. . prepare in proper form a solution of the problem given in art. , page . . prepare a complete solution of the problem given in art. , page . review questions on the subject of corporation accounts . into what two general classes are corporations divided? name and give examples of two classes of private corporations. . how are joint stock companies distinguished from corporations? in what ways are they like corporations? . how are corporations created? name common requirements of the certificate of incorporation or application for a corporate charter. . what is meant by a _stockholder_, and how may a person become a stockholder in a corporation? what is a _stock certificate_? . what is meant by the _capitalization of a corporation_? what is the difference in meaning of the terms _capital_ and _capital stock_, as these terms are usually understood? . define the two principal classes of stock issued by corporations. name and define two kinds of preferred stock. what is meant by the term _treasury stock_? _watered stock?_ . by whom are the affairs of a corporation managed? from whom do they receive their authority? has a director, as such, the power individually to bind the corporation? . what special powers have the directors? in what way do the powers of officers and directors differ? . name five of the necessary powers of a corporation, as such. name three of the rights of an individual stockholder. . what is meant by a _dividend_? by whose authority are dividends declared? what is your understanding of the term _stock dividend_? . what class of records is implied by the term _corporation bookkeeping_? name, and describe briefly, the books used in corporation bookkeeping. . give examples of the proper entries on the books, under the following conditions: (a) the entire capital stock ($ , . ) is subscribed and paid for in cash. (b) only $ , . of the stock is subscribed, but this is paid in cash. it is not desired to show on the books more capital than is paid in. (c) cash subscriptions are received for $ , . of an authorized issue of $ , . , but it is desired to show the total capitalization on the books. (d) the entire capital stock ($ , . ) is subscribed but not paid in. it is desired to show the capital stock, without opening accounts in the general books with individual subscribers. (e) a payment of % is called for on the above stock. . a corporation is organized with a capitalization of $ , . to take over the business of henry thompson. he is to pay his liabilities out of his assets, and transfer the balance of the property belonging to the business to the corporation, receiving $ , . full paid stock. the following discloses the condition of his affairs: assets cash in bank $ . accounts receivable . real estate . merchandise inventory . furniture and fixtures . $ . -------- liabilities bills payable . . -------- -------- balance $ . what is the proper entry on the books of the corporation, the balance of the stock being unsubscribed? . a corporation agrees to purchase a mine, issuing $ , , . full paid stock in payment. the owner of the mine, to whom the stock is issued, agrees to donate to the company $ , . of his stock to provide working capital. subsequently, $ , . of this stock is sold at % of its face value; $ , . at %; $ , . at %; and $ , . at par. working capital is maintained at the amount realized from the sale of the donated stock. make all entries to show these transactions, it being understood that all subscriptions are paid in cash. . if the stock of a corporation sells at a premium, how would you enter the amount received above par? to what account would you transfer the premium when closing the books? . what would be the entries in the stock books to record the transactions shown in questions and ? . a promoter organizes a corporation to develope a mine, receiving as his fee $ , . in stock. what are the entries on the books of the corporation? . the profits of a corporation with a paid up capital of $ , . , are $ , . . the directors declare a cash dividend of %, and create a special surplus fund of $ , . . make all necessary entries. . the losses of the above corporation during the following year were $ , . . make proper entries, with full explanations. . the accumulated surplus of a corporation capitalized at $ , , . , with a paid up capital of $ , . , is $ , . ; the current profits are $ , . . the directors declare a cash dividend of %, and a stock dividend of %. make all entries to record these transactions on the general books of the corporation. . the following statistics are taken from the books of a corporation: capital stock $ , . merchandise inventory , . machinery , . undivided profits . profit and loss (credit) , . it is desired to set aside a special surplus fund as a machinery depreciation reserve, the depreciation being figured at % a year, and to pay a dividend of %. what entries are necessary? . parsons, young, and searles are partners and decide to form a corporation with capital stock of $ , . , which is to be issued as full paid stock in exchange for their present business. each partner is to receive stock in proportion to his interest in the present business. the balance sheet of the partnership is as follows: assets cash $ , . bills receivable , . accounts receivable , . merchandise , . ---------- total $ , . liabilities bills payable , . accounts payable , . parsons , . young , . searles , . ---------- total , . make entries on books of the partnership. make entries on books of the corporation. . hoadley and stockton are partners and desire to incorporate a company. the stock is to be divided equally between hoadley and stockton after giving hopper $ , . . the balance sheet of the partnership is as follows: assets cash $ . accounts receivable , . merchandise . ---------- total $ , . liabilities accounts payable . bills payable . hoadley , . stockton , . ---------- total , . make all necessary entries on the books of the partnership. make open entries on the books of the new company. . the national manufacturing co. has an authorized capital of $ , . of which $ , . is paid up and $ , . , unsubscribed. it is decided to permit employes to subscribe for $ , . of the stock by paying per cent in cash, all dividends declared to be applied to the payment of subscriptions. what entries are made when this stock is subscribed for? a per cent dividend being declared at the end of the first year, what entry is required? . the atlas novelty co. has a capital stock of $ , . . all of the stock has been subscribed for, but only per cent has been paid. a surplus of $ , . has been accumulated. it is desired to reduce the stock to $ , . full paid. what is the necessary proceeding, and what entries are required? . a company has a capital stock of $ , . full paid, and a surplus of $ , . . a stockholder who owns $ , . stock in the company wishes to dispose of his stock and, to secure cash, offers to sell it to the company at par. his offer is accepted and the stock purchased, but the company does not wish to reduce its capitalization. what is the entry? . what is a reserve? give three examples showing purposes for which reserves are created. . what is a _reserve fund_? why is a reserve fund treated as a liability? . what is a _sinking fund_, and what is its purpose? . what is a _bond_? describe three classes of bonds. . when bonds are issued, by what account are they represented in the ledger? does this account represent an asset, or a liability? . if bonds are sold at a premium, to what account is the premium credited? would it be correct to credit this premium to profit and loss? why? . to what account is the interest paid on bonds charged? when bonds are sold with accrued interest, which is paid by the purchaser, what disposition is made of the interest received? what disposition should be made of expense incurred in the sale of bonds? . what is the most important point to be kept in mind when devising a system of accounts for a manufacturing business? . from what items is the manufacturing account made up? what does the balance of manufacturing account represent? . describe, briefly, a method of obtaining the necessary statistics to make up the manufacturing account for a business in which but one line of goods are manufactured? what is the object of sectionalizing the pay-roll by departments? . what is an _expense inventory account_; when is it used; and how is it made up? when is an expense liability considered; by what account is it represented; and how is the account made up? . what is meant by a _balance ledger_? illustrate a form of balance ledger. . for what purpose is an invoice register used? explain the general plan of such a book. . make up a manufacturing account from the data given on page . show the journal entries used in making up this account. review questions on the subject of the voucher system . state, in your own words, the generally accepted meaning of the term _voucher_, as used in business. . what is the nature of a journal voucher, and for what purpose is it used? . prepare a form of voucher to be accompanied by a separate check. . prepare a form of voucher check. . for what book is the voucher register substituted? what book is dispensed with? . explain the purpose of the _sundries_ and _unpaid voucher_ columns in the voucher register. . with what _controlling_ account must the total of unpaid vouchers as shown by the register, agree? explain the sources of debits and credits posted to this controlling account. . prepare a form of voucher register, suitable for a manufacturing business using three classes of raw material, operating five shops, and selling the product through traveling salesmen. . what are the necessary steps in _auditing_, _executing_, and _registering_ vouchers? how should audited vouchers be filed? . describe the routine in paying vouchers, and in filing invoices and paid vouchers. how should vouchers be indexed? . what is the distinguishing feature of the _unit system_ of voucher accounting? . if a voucher pays items to be charged to three accounts, how many copies are required and how is the distribution shown? . explain the method of filing and recording vouchers in the unit system. how are monthly totals recorded? . what routine should be followed to carry the totals to the ledger? . describe, and illustrate with the necessary forms, a system in which a purchase ledger and invoice file are combined. . what is a private ledger and for what purposes is it used? . name some of the special advantages of the private ledger. . describe, briefly, the operation of the private ledger, giving an example. . describe, and illustrate with journal entries, in what way a manufacturer can make use of the private ledger. . transactions of the following classes are recorded on the books of dane & whitney: purchases on account sales on account paid for rent paid dane's salary sales for cash whitney advanced cash to the business. what items, in the above, should be recorded in the private ledger? . in charting the accounts of a business, into what three main groups should they be divided? give an example of the subdivision of one of these groups. . prepare a chart of the accounts of a small trading business conducted by a partnership. explain this chart. . prepare a chart of the accounts of a manufacturing business making three classes of goods. . what are the principal characteristics of a chart of accounts of a manufacturing business? . using the above manufacturing chart, explain how profits are traced from group to group until they reach the surplus account. index a acceptances, definition of, accommodation note, definition of, account books classes of, definition of, account current, definition of, account sales, definition of, accounting charts, - explanation of chart, of manufacturing business, of small trading business, accounts classification of, definition of, merchandise, merchandise inventory, nominal, personal, profit and loss, purchase, real, representative, sales, accrued interest, definition of, acknowledgment, definition of, ad valorem, definition of, administrator, definition of, adventure, definition of, advice, definition of, affidavit, definition of, agent, definition of, agreement, definition of, allowance, definition of, annual statement, definition of, annuity, definition of, antedate, definition of, appraise, definition of, appreciation, definition of, approval sales, definition of, arbitrate, definition of, articles, definition of, assets definition of, fictitious, fixed, floating, passive, assign, definition of, assignee, definition of, assignment, definition of, assignor, definition of, association, definition of, attachment, definition of, audit, definition of, auxiliary, definition of, average, definition of, b balance, definition of, , balance sheet, , definition of, balance of trade, definition of, bale, definition of, bank balance, definition of, bank deposits, check books, depositing cash, indorsement of checks, pass book, signature card, bank draft, definition of, bank note, definition of, bank pass book, definition of, bankrupt, definition of, bill, definition of, bill of exchange, definition of, bill head, definition of, bill of lading, definition of, bill of sale, definition of, bills payable, definition of, bills receivable, definition of, bills receivable and bills payable, blanks, definition of, blotter, definition of, bond liability, bonded goods, definition of, bonds, classes of, definition of, expense of issue of, interest on, premium on, bonus, definition of, book account, definition of, bookkeeping for corporation, definition and objects of, methods of, brand, definition of, broker, definition of, brokerage, definition of, bullion, definition of, c call loans, definition of, cancel, definition of, capital, definition of, capital of corporation, capital stock, definition of, capitalization, capital, capital stock, treasury stock, watered stock, cartage, definition of, cash book, posting from, cash discounts, allowed, earned, entering in cash book, cash dividend, declaring, cash sales, definition of, center-ruled ledger, certificate of stock, definition of, certified check, definition of, charges, definition of, chart, definition of, charter, definition of, charting the accounts, check, definition of, check books, clearing house, definition of, closing an account, definition of, collateral, definition of, commercial abbreviations, commercial paper, definition of, commercial signs and characters, commercial terms, dictionary of, commission, definition of, commission merchant, definition of, common law, definition of, common stock, definition of, company, definition of, compromise, definition of, consideration, definition of, consignee, definition of, consul, definition of, contingent assets and liabilities, definition of, contingent fund, definition of, contra, definition of, contract, definition of, conveyance, definition of, copyright, definition of, corporation accounts, - bonds, bookkeeping, changing books from partnership to corporation, closing transfer books, entries on corporation books, entry of stock for promotion, reserves and their treatment, stock donated to employes, when stock subscriptions are never full paid, surplus and dividends, treatment of loss, corporation bookkeeping, books required, entries in stock books, opening entries, corporations capitalization, classification of, creation of, definition of, dividends, management of, corporations management of powers of corporations, powers of directors and officers, stockholders' rights, stock certificate, stockholders, stock issued for promotion, stock subscriptions, counterfeit, definition of, coupon, definition of, coupon bond, definition of, credentials, definition of, credit, rules for, creditor, definition of, cumulative preferred stock, definition of, currency, definition of, d day book, debenture, definition of, debit definition of, rules for, deed, definition of, defalcation, definition of, deferred bonds, definition of, delivery receipt definition of, demand note, definition of, departmental records, deposit, definition of, depositing cash, depreciation, definition of, discount, definition of, discount and exchange, discounts allowed, dishonor, definition of, dividend, definition of, dividend book, dormant partners, double entry, advantages of, books used in, principle of, doubtful, definition of, draft definition of, journalizing, drawer, definition of, drayage, definition of, due bill, definition of, dunning, definition of, duplicate, definition of, duty, definition of, e earnest, definition of, embezzlement, definition of, exchange, definition of, expense account, heat and light, insurance, interest, labor, out freight and express, rent, salaries, taxes, exports, definition of, extend, definition of, f face value, definition of, facsimile, definition of, fictitious assets, example of, advertising, financial statement, definition of, fiscal, definition of, fixed assets definition of, examples of, furniture and fixtures, horses and wagons, real estate, fixed charges, definition of, fixtures, definition of, floating assets, examples of, accounts, cash, merchandise, notes or bills receivable, folio, definition of, footing, definition of, foreign exchange, definition of, forms account sales, acknowledgment, adjustment journal and departmental purchase book, balance sheet, bill, bill of exchange, bill of lading, bill of sale, bills payable, bills receivable, cash book, , cash book including bank account, cash book with center column for particulars, cash book with column for private ledger accounts, cash disbursement book, center-ruled ledger, , - certificate of stock, chart of profit and loss accounts, , check register, classified ledger accounts, - closing entries, trading and profit and loss account, combined purchase ledger and voucher system, daily report, day book, day book or blotter, delivery receipt, demand note, departmental sales book, , departmental sales and purchase books, draft, endorsement, file showing method of indexing vouchers, installment certificate, inventory sheet, invoice register, journal, journal entries recording all transactions, - journal ruled retail ledger, - journal showing opening entries for partnership, journal voucher for adjusting entries, lease, ledger accounts, classified, - ledger with journal ruling, manufacturing account, manufacturing ledger with closing entries, - merchandise inventory, monthly recapitulation and distribution sheet, opening entry in journal, order, order book, pay-roll, power of attorney, profit and loss account, promissory note, proprietor's account, purchase book, purchase ledger, receipt, retail ledger, journal ruled, - sales book, scale book, signature card, special account, statement, statement of incorporation on stock plan, trading account, transfer book, trial balance, , , unit system of voucher accounting, monthly recapitulation for, voucher, voucher, back of, showing distribution, voucher with check attached, duplicate, voucher check in loose-leaf form, duplicate, voucher check that requires no folding, voucher check, triplicate form of, voucher and check combined, voucher distribution sheet, voucher register showing entries, voucher registers, typical forms of, voucher to be receipted and returned, vouchers paid, card index of, freight, definition of, g gain, definition of, gauging, definition of, going business, definition of, goodwill, definition of, gross, definition of, gross profit, transfer of, guarantee or guaranty, definition of, guaranteed stock, h honor, definition of, hypothecate, definition of, i import, definition of, income, definition of, income bonds, definition of, indemnity, definition of, indorse, definition of, indorsee, definition of, indorsement of checks, indorser, definition of, infringe, definition of, installment, definition of, installment book, insolvent, definition of, instant, definition of, insurance policy, definition of, interest, definition of, inventory, definition of, investment, definition of, invoice, definition of, invoice or bill, j job lot, definition of, jobber, definition of, joint stock, definition of, joint stock companies, journal, posting from, journal vouchers, journalizing drafts, when we accept draft, when discounting time draft, when we pay an acceptance, when we pay a sight draft, when our sight draft is paid, journalizing notes, when collected by bank, when discounted, when discounted note is not paid, when note drawing interest is discounted, when note drawing interest is paid, when note is past due, when note is renewed, when our note has been discounted, when paid, when received, when renewed note has been discounted, when we discount our note, when we give or pay note, when we pay for goods with our note, when we pay our note with interest, when we renew a note, when we renew our discounted note, journalizing, rules for, l leakage, definition of, lease, definition of, ledger, arrangement of accounts in, ledger accounts, sample, , ledger index, legal tender, definition of, lessee, definition of, letter of advice, definition of, letter of credit, definition of, liabilities, definition of, license, definition of, liquidation, definition of, loss and gain, definition of, m maker, definition of, manifest, definition of, manufacturing account, manufacturing and cost accounts, accounts used factory assets, factory expenses, summary accounts, balance ledger, expense inventory, expense liability, manufacturing data, pay-roll records, routine followed, sample transactions, maturity, definition of, mercantile agency, definition of, merchandise, definition of, merchandise account, merchandise inventory account, minute book, money order, definition of, monopoly, definition of, mortgage, definition of, mortgagor, definition of, n negotiable, definition of, net, definition of, net profit, transfer of, nominal, definition of, nominal account, nominal partners, non-cumulative preferred stock, notes, journalizing, o obligation, definition of, open account, definition of, opening entries, definition of, option, definition of, order book, orders, definition of, original 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print and punctuation errors were corrected. generously made available by the internet archive/american libraries.) the truth about opium. being a _refutation of the fallacies of the anti-opium society and a defence of the indo-china opium trade_. by william h. brereton, late of hong kong. "_let truth and falsehood grapple; who ever knew truth put to the worse in a free and open encounter?_"--john milton. _second edition._ london: w. h. allen & co., waterloo place. publishers to the india office. . (_all rights reserved._) london: printed by w. h. allen and co., waterloo place. preface to the second edition. in the preface to my first edition i expressed a hope that these lectures, however imperfect, would prove in some degree instrumental towards breaking up the anti-opium confederacy, and i have the satisfaction of knowing that my anticipations have not been altogether disappointed. the lectures were well received by the public and the press, and struck the anti-opium society and its versatile secretary, the rev. mr. storrs turner, with such consternation that, in the language of people in difficulties, "business was discontinued until further notice." mr. storrs turner,--the motive power which kept the anti-opium machine working,--who had hitherto been so active, aggressive, and demonstrative--a very mercutio in volubility and fertility of resource,--became suddenly silent, mute as the harp on tara's walls. he who once was resonant as the lion, like bottom the weaver, moderated his tone, and roared from thenceforth "gently as any sucking dove." until the delivery of my lectures, no lark at early morn was half so lively or jubilant. letters to the newspapers, articles in magazines, improvised lectures and speeches, flew from him like chaff from the winnowing-machine. heaven help the unlucky individual who had the temerity to differ from him on the opium question, for mr. storrs turner would, as the phrase goes, "come down upon him sharp." this kind of light skirmishing suited him exactly; it kept alive public interest in the anti-opium delusion, and no doubt brought grist to the mill, without committing him to anything in particular, or calling for any extraordinary draft upon his imagination or resources. he had only to reiterate loud enough the cuckoo cry that his deluded followers had so long recognised as the pæan of victory. but when my lectures were delivered, and it was announced that they would be published, "a change came o'er the spirit of his dream." having for so many years had practically all the field to himself, it had never occurred to him that another and more competent witness from china, where all these imaginary evils from opium smoking were alleged to be taking place,--who had had better opportunities of learning the truth about opium than he could possibly have had, and who had turned those opportunities to good account,--should appear and refute his fallacies. this was a _dénouement_ that neither he nor his society was prepared for, and dismay and silence prevailed in consequence in the enemy's camp. and the tents were all silent,--the banners unflown,-- the lances unlifted,--the trumpet unblown. my lectures were delivered in february, . the rev. mr. storrs turner attended them and corresponded with me upon the subject. in those lectures i criticized his book and pointed out its misleading features and inaccuracies; but, recognizing the force of sir john falstaff's maxim, that "the better part of valour is discretion," he never attempted to controvert my case, nor justify himself or the anti-opium society, who for so many years had made such noise in the world. it was only in october, ,--eight months after my lectures had been delivered,--after an article appeared in the _london and china telegraph_, commenting on the collapse of the anti-opium society,--that mr. storrs turner, like munchausen's remarkable hunting-horn, gave utterance to a few feeble notes, to the effect that his society was still alive; for he well knew that all that i had stated in those lectures i could prove to the hilt,--aye, ten times over. but if mr. storrs turner has declined the contest, an acolyte of his, mr. b. broomhall,--who appears to be the secretary of the inland china mission, and one of the "executive committee" of the anti-opium society,--comes upon the scene like king hamlet's ghost, declaring that he "could a tale unfold, whose lightest breath would harrow up your souls, freeze the hot blood, and make each particular hair to stand on end." plagiarising, if not pirating, my title, with a colourable addition of the word "smoking," he produces, in november , a compilation entitled "the truth about opium-_smoking_," rather a thick pamphlet, made up of excerpts from all the writings and speeches, good, bad, and indifferent, that have been published and delivered within the last thirty years on the anti-opium side of the question, with some critical matter of his own, from all of which it appears most conclusively that he, mr. b. broomhall, is perfectly innocent of the subject he undertakes to enlighten the world upon. i think i see through this gentleman and his objects pretty well. with respect to the authors of these writings and speeches, i may say at once that i hold them in as much respect as mr. b. broomhall does himself. some of them are very eminent men, who, apart from this opium delusion, are ornaments to their country, and all, i have no doubt, are men of spotless honour and integrity; but what, after all, does that prove? why, simply the _bona fides_ of these gentlemen, which no one ever questioned, and nothing more;--that in writing those pamphlets and articles they honestly believed they were giving utterance to facts and recording circumstances which were true, and which it was for the good of society should be widely known. the good and just man is as liable to be deceived as he who is less perfect,--indeed, more so, for his very amiability and guilelessness of heart allay suspicion and make him an easier prey to the designing and unscrupulous. not one of those gentlemen, save sir rutherford alcock, and one or two others, whose opinions are coincident, in fact, with my own, have had any actual personal knowledge of the facts they write about, and such a statement as the following might well be printed in the front of each of their books or writings, viz.: "i have read certain books and articles in newspapers, and heard speeches upon the opium question, which i believe to be true, and on such assumption the following pages are my views upon the subject." to prove to my readers the utterly unreliable and deceptive character of mr. broomhall's compilation, it is only necessary to refer to one passage, which will be found at page , where it is gravely put forward that the indian mutiny was brought about by the indo-china opium trade! after that, tenterden steeple and the goodwin sands will hardly seem so disconnected as has been hitherto commonly supposed. but then the book is illustrated; there are the pictures copied from the _graphic_. there is the poppy, and there is the opium pipe. of course mr. b. broomhall knows all about opium smoking,--or the illustrations would not be there. mr. crummles, with his "splendid tub and real pump," could not have done better. as to mr. b. broomhall's remarks respecting my book i have very little to say; there is nothing in them. like mr. storrs turner, he has found it a poser, and has said very little respecting it. when your opponent gets the worst of an argument, if he does not honestly acknowledge his discomfiture, he generally follows one of two courses--either he loses his temper and takes to scolding, or he suddenly discovers something wonderfully funny in your arguments which no one else was able to detect. mr. b. broomhall eschews the former, but adopts the latter course. he selects a paragraph or two, and says, "that is ludicrous," but he never condescends to enlighten his readers as to where the fun lies, or in what the drollery consists. but, although mr. b. broomhall makes light of my book, he has thought proper to imitate its title. he evidently thought there was nothing ludicrous in _that_. this was very "smart," but smartness is a quality not much appreciated on this side of the atlantic. as my book had dealt a heavy blow to the anti-opium society, and a cheap edition might prove still more damaging, an opposition book, with a similar title, might so confuse the public as to be mistaken for mine. imitation has been said to be the sincerest flattery, but i dislike adulation even when administered by the anti-opium society. this gentleman and his compilation bring very forcibly to my mind the profound mr. pott, of the _eatanswill gazette_, who, having written a series of recondite articles on _chinese metaphysics_, brought his lucubrations to the notice of his friend, mr. pickwick. that gentleman ventured to remark that the subject seemed an abstruse one. "very true," returned mr. pott, with a smile of intellectual superiority, "but i crammed for it--i read up the subject in the _encyclopædia britannica_. i looked for metaphysics under the letter m, and for china under the letter c, and combined the information." this seems to be the sort of process by which mr. b. broomhall has arrived at his knowledge on the opium question, and with similar results. i do not wish to be too hard upon this gentleman, who, after all, may have been only a cat's-paw in the matter--for it must not be forgotten that there is mr. storrs turner in the background; but he himself, on reflection, must, i think, admit that it was going a little too far to introduce into his compilation a parody--which some might call a vulgar parody--on one of the verses of bishop heber's very beautiful and world-renowned missionary hymn. i will not give my readers the "elegant extract," but they can find it for themselves at page . i have in this edition amplified the matter and given extracts from the reports of mr. william donald spence, her majesty's consul at ichang, and mr. e. colborne baber's _travels and researches in western china_, which throw a flood of light upon the opium question. i have also quoted from a very valuable work of don sinibaldo de mas, an accomplished chinese scholar, formerly spanish minister to the court of peking, published in paris in , which in itself is a complete vindication of the opium policy of her majesty's government in india and china, and an able refutation of the unfounded views of the anti-opium society; and i believe this edition of _the truth about opium_ will be found a very complete defence of the indo-china opium trade. _ th january ._ preface to the first edition. the following lectures were given in pursuance of a determination i came to some six years ago in hong kong, viz. that if i lived to return to england i should take some steps, either by public lectures or by the publication of a book, to expose the mischievous fallacies disseminated by the "anglo-oriental society for the suppression of the opium trade." about that time nearly every mail brought out newspapers to china containing reports of meetings held in england condemnatory of the indo-china opium trade, at which resolutions were made containing the grossest mis-statements and exaggerations as to opium-smoking, and also the most unfounded charges against all parties engaged in the opium trade, showing clearly, to my mind, that not one of the speakers at those meetings really understood the subject he spoke about so fluently. i have now, happily, been able to carry out my intention. unfortunately, i was deprived of the opportunity of delivering these lectures in exeter hall, which was not only more central than st. james's hall, but where i could have selected a more convenient hour for the purpose than the only time the secretary of the latter company could place at my disposal, the reason being that the committee of exeter hall refused to allow me its use for the purpose of refuting the false and untenable allegations of the anti-opium society, an act of intolerance which i think i am justified in exposing. i trust, however, that any drawback on this account will be compensated for by the publication of the lectures. i am well aware that this volume has many imperfections, but there is one respect in which i cannot reproach myself with having erred, and that is, in having overstepped the bounds of truth. i have the satisfaction of knowing that all i have stated in the lectures is substantially true and correct, and with such a consciousness i entertain a confident hope that they will prove in a humble way instrumental towards breaking up the anti-opium confederacy, the objects of which are as undeserving of support as they have proved mischievous in their tendency. contents. lecture i. objects of the lectures.--lectures based upon principle and not upon grounds of expediency.--lecturer's knowledge of the opium question derived from actual acquaintance with the facts, acquired during nearly fifteen years' residence in hong kong.--opium smoking as practised by the chinese perfectly innocuous, beneficial rather than injurious.--opinion of dr. ayres.--charges made by the anti-opium society and its supporters false and unfounded.--alleged knowledge of the members and supporters of the anti-opium society founded on hearsay evidence of the worst and most untrustworthy character.--lecturer not acting in the interests of the british merchants in china, nor of any other party or person.--has no personal interest in the opium question, and is actuated only by a desire to dispel the false and mischievous delusions spread abroad in england by the anti-opium society.--british and other foreign residents in china hold opposite views to those disseminated by the anti-opium people.--british merchants as a body have no interest in the trade.--china a great empire as large as europe, with a much greater population.--country and people of china described.--impossible to demoralize and debase such a people.--opium smoking a general custom throughout the eighteen provinces of china.-- reasons for the prolonged existence of the anti-opium society.--false charges of the anti-opium society respecting the indo-china opium trade more fully formulated.--petition to the house of commons of the protestant missionaries at peking.--refusal to sign it of the rev. f. galpin.--if half those charges were true the british residents in china would be the first to raise their voices against the opium trade.--official yellow book published by sir robert hart, the inspector-general of chinese customs, negatives the allegations of the members of the anti-opium society and the protestant missionaries.--roman catholic missionaries make no complaint against the indo-china opium trade.--allegations of the anti-opium society that british trade with china has suffered from the alleged forcing of opium upon china untrue.--friendly relations between the british merchants in china and the chinese people.--englishmen more esteemed by the chinese than any other nation.--hong kong described.-- government of china described.--hong kong the head-quarters of the indo-china opium trade, chinese residing there have better means of procuring the drug than elsewhere--no sufferers from opium smoking found there.--exposure by dr. ayres, the colonial surgeon of hong kong, of the fallacy that opium smoking, although indulged in for years, cannot be dropped without injury to the system.--fallacy of comparing the chinese with the savages of central africa by the secretary of the anti-opium society exposed.--archdeacon gray, a resident for twenty years at canton, silent, in his recent work on china and her people, as to the alleged iniquity of the indo-china opium trade.--character of the chinese as described by various authors.--chinese a frugal and abstemious people.-- opium smoking less injurious than beer or tobacco.--charges of the anti-opium society based upon fallacies; those fallacies detailed.-- alleged objections of the chinese to receive the gospel on account of the indo-china opium trade the merest subterfuge, and utterly absurd and untenable.--the opinion of the late john crawfurd, esq., f.r.s., formerly governor of the straits settlements.--his dictionary of the indian islands and adjacent countries. pages - lecture ii. hearsay testimony upon which charges of the anti-opium society founded explained.--chinese a polite people and treat missionaries courteously, but despise christianity, and will not tell missionaries the truth about opium.--respectable chinese would become an object of scorn and disgrace to their fellow-countrymen if they embraced christianity.--professing chinese christians in most cases impostors.--heathen chinese as a rule more trustworthy than so-called christian converts.--missionary clergymen in china have not the confidence of the chinese people, and draw their information as to opium smoking from polluted sources.--difference between missionary clergymen in china and the clergymen of all denominations in england as regards knowledge of the people they live amongst.--missionaries in china wholly responsible for the imposture prevailing in england as to opium smoking in china.--although the chinese are a spirit-drinking people, they never drink to excess.--drunkenness unknown amongst chinese.--chinese-american treaty a sham as regards opium.--sir j. h. pease, m.p., duped by the "bogus" clause as to opium.--his speech on the opium question in .--chinese smoke opium wherever they go.--as much opium imported into china now as before the sham treaty.--opium a luxury which only the well-to-do can freely indulge in.--explanation of the means by which unfounded statements respecting opium are propagated.--apologue by way of example.--proof of the state of things explained by the apologue furnished by the rev. storrs turner and dr. ayres.--first fallacy, that the poppy is not indigenous to china, but has been recently introduced there, presumably by british agency, and the second fallacy, that opium smoking in china is now and always has been confined to a small per-centage of the population, but which, owing to the importation into the country of indian opium, is rapidly increasing, refuted and the truth fully stated.--testimony of mr. w. donald spence and mr. e. colborne baber, and sir rutherford alcock. pages - lecture iii. third and fifth fallacies upon which the members of the anti-opium society and its supporters are misled.--opium eating and opium smoking contrasted with spirit drinking.--valuable curative properties of opium.--spirit drinking produces organic and incurable diseases, is a fruitful cause of insanity, and leads to ruin and destruction.--the like effects admittedly not due to opium.--opium eating and opium smoking totally distinct.-- whatever the effects of opium eating, opium smoking perfectly innocuous.-- anti-opium advocates cunningly try to mix the two together.--disingenuous conduct in this respect of the rev. storrs turner--mr. turner so great an enthusiast as not to be able to see the difference.--testimony of dr. eatwell as to the use of opium.--difference between opium eating and opium smoking explained in the case of tobacco smoking.--tobacco taken internally a deadly poison, harmless when smoked.--medical testimony as to the poisonous quality of tobacco and its alkaloid, nicotine.--opium a valuable medicine, without any known substitute.--anti-tobacco smoking society, once formed the same as the anti-opium society, put down by the common sense of the community, the like fate awaits the anti-opium society.--testimony of dr. sir george birdwood, surgeon-general moore, sir benjamin brodie, dr. ayres, and w. brend, m.r.c.s., as to opium.--small quantity of indian opium imported into china.--enormous amount of spirits consumed in the united kingdom.--anti-opium society blind to the latter, energetic as to the former a purely sentimental grievance.--fallacy of anti-opium society that supply creates demand refuted and exposed.-- remaining fallacies refuted.--effects of suppression of indo-china opium trade.--missionaries detested in china.--indian opium welcomed.--saying of prince kung.--treaty of tientsin explained and defended.--erroneous notions of the protestant missionaries as to that treaty.--abused by missionaries, yet the treaty the missionaries only charter.--testimony of h. n. lay and lawrence olyphant.--spurious copy of de quincey's "confessions of an opium eater," published by anti-opium people.-- testimony of don sinibaldo de mas, formerly spanish minister in china, a powerful defence of the indo-china opium trade.--policy of the indian government as regards opium wisest and best.--alleged proposal of lord lawrence to alter that policy.--fallacy involved in such proposal exposed.--abrogation of indo-opium trade injurious if not destructive to the spread of the gospel in china.--false charge of smuggling by british merchants in china exposed and refuted.--un-english policy of the anti-opium society exposed.--recapitulation.--benevolence of the british public.--necessity for seeing that it is not diverted into worthless channels.--anti-opium society, mischievous, presenting a melancholy record of energies wasted, talents misapplied, wealth uselessly squandered, charity perverted, and philanthropy run mad.--society should be dissolved and its funds transferred to missionaries.--missionaries should not mix up christianity and opium.--missionaries defended and encouraged. pages - appendix. official letter of francis bulkeley johnson, esq., of the firm of jardine, matheson & co., of hong kong and china, chairman of the hong kong chamber of commerce, to charles magniac, esq., m.p., the president of the london chamber of commerce, respecting the charge of smuggling against the british merchants in china, and giving particulars of the indo-china opium trade. pages - the truth about opium. lecture i. the object of these lectures is to tell you what i know about opium smoking in china--a very important subject, involving the retention or loss of more than seven millions sterling to the revenue of india, and what is far more precious, the character and reputation of this great country. with respect to the former, i would simply observe that i do not intend to deal with the question on mere grounds of expediency, strong as such grounds unquestionably are, for, if i believed that one-half of what is asserted by the "anglo-oriental society for the suppression of the opium trade," as to the alleged baneful effects of opium smoking upon the chinese, were true, i should be the first to raise my humble voice against the traffic, even though it involved the loss, not of seven millions sterling, but of seventy times seven. but it is because i know that these statements and all the grave charges made by the supporters of that society, and repeated from day to day, against the government of india and the government of this country, and also against the british merchants of china, to be not only gross exaggerations but absolutely untrue--mere shadowy figments, phantasies, and delusions--that i come forward to draw aside the curtain, and show you that behind these charges there is no substance. were my knowledge of the opium question derived merely from books and pamphlets, articles in the newspapers, and ordinary gossip, i would not venture to trespass upon your time and attention, because in that respect you have at your disposal the same means of information as i have myself. but i come before you with considerable personal experience, and special knowledge of the subject, having lived and practised as a solicitor for nearly fifteen years in hong kong, where i had daily experience, not only of the custom and effects of opium smoking, but also of the trade in opium in both its crude and prepared state. i had there the honour of being solicitor to the leading british and other foreign firms, as well as to the chinese, from the wealthy merchant to the humble coolie; so that during the whole of that period down to the present time i have had intimate relations in china with foreigners and natives, especially with those engaged in the opium trade. under these circumstances i had daily intercourse with the people from whom the best and most trustworthy information on the subject of opium and opium smoking could be obtained, and my experience is that opium smoking, as practised by the chinese, is perfectly innocuous. this is a fact so patent that it forces itself upon the attention of every intelligent resident in china who has given ordinary attention to the subject. the whole question at issue is involved in this one point, for if i show you that opium smoking in china is as harmless, if, indeed, not more so, as beer drinking in england, as i promise you i shall do most conclusively, then _cadit quæstio_, there is nothing further in dispute; the indo-chinese opium trade will then stand out--as i say it does--free from objection upon moral, political, and social grounds, and the occupation of the anti-opium agitators, like othello's, will be gone. it is true that the opponents of the indo-chinese opium trade interlard their case with political matters wholly beside the question; this they do to make that question look a bigger one than it really is, so as to throw dust in the eyes of the public and impose upon weak minds. for instance, they drag in the miscalled "opium war" and ring the changes upon it. that war, whether justifiable or not, cannot affect the points at issue. it is an accomplished fact, and it is idle now to introduce it into the present opium question. and though i shall be obliged to go pretty fully into the whole controversy, i ask you to keep your minds steadily fixed upon the real question, which is briefly this: is opium smoking, as practised in china, detrimental to health and morals, and if so, does the indo-chinese opium trade contribute to these results? i may now at the outset assure you that i do not give expression to my views in the interests of the merchants of china, whether native or foreign, or on behalf of any party whatsoever; nor do i come before you with any personal object, because neither directly nor indirectly have i any pecuniary or personal concern in the opium question, nor, indeed, in any commercial matter in hong kong or china. i simply find that unfounded delusions have taken possession of the public mind upon the subject, which have had most mischievous consequences, and are still working much evil. these i wish to dispel, if i can. furthermore, i have delivered and published these lectures at my own cost, unaided by any other person, so, i think, under these circumstances, that i have some right to be regarded as an impartial witness. i am aware of no subject, involving only simple matters of fact, and outside the region of party politics, upon which so much discussion has been expended, and about which such widely different opinions are prevalent, as this opium question. on the one side, it is said that, for selfish purposes, we have forced and are still forcing opium upon the people of china; that the indian government, with the acquiescence and support of the imperial government, cultivates the drug for the purpose of adding seven or eight millions sterling to its revenue, and, with full knowledge of its alleged baneful consequences to the natives of china, exports it to that country. a further charge, moreover, is brought against the british merchants, that they participate in this trade for gain, or, as it is put by the rev. mr. storrs turner, formerly a missionary clergyman at hong kong, but now and for many years the active and energetic secretary of the anti-opium society, to enable them to make "princely fortunes." that is the favourite expression of mr. turner, who finds, no doubt, that it takes with certain small sections of the public, readier to believe evil of their own countrymen than of the people of other countries, under the belief, perhaps, that in doing so they best display the purity and disinterestedness of their conduct. the anti-opium society and its supporters assert as an incontestable fact that opium smoking is fatal, not only to the body but to the soul; meaning, i suppose, that the custom is destructive to the physical, and demoralising to the moral nature of its votaries, and that the opium traffic is regarded by the people of china with such horror that it prevents the natives from receiving the gospel from those who help to supply them with this drug, viz., the british people. it is alleged that the use of opium demoralises the chinese, that it ruins and saps the manhood of the whole nation, with a host of concomitant evils, to which i shall by and by refer more particularly, the whole involving the utmost turpitude, the greatest guilt and the worst depravity on the part of england and the english government, and still more especially on that of the indian government and the british merchants in china. here i may observe, in passing, that if the objection to opium on the part of the chinese is so strong, it is rather remarkable that they should not only greedily purchase all the indian opium we can send them, but cultivate the drug to an enormous extent in their own country. the anti-opium society and its supporters further say that opium culture and opium smoking are of comparatively recent origin in china; and although they do not directly allege that we have introduced those practices, there is throughout all their writings and speeches "a fond desire, a pleasing hope" that the readers or hearers of their books and speeches will form that opinion for themselves. i should tell you that those who hold directly contrary views consist of all the british residents in china, with the exception of some of the protestant missionaries (of whom i desire to speak with respect), comprising the british merchants, their numerous assistants (an educated and most intelligent body), professional men, traders of all classes, and also all the other foreign merchants and residents in the country--german, american, and others, for there are many nationalities to be met with in china, who with the british form one harmonious community. take all these men, differing in nationality and religious persuasions as they do, and i venture to say that you will not find one per cent. of them who will not tell you that the views put forward by these missionaries and the anti-opium society are utterly preposterous, false, and unreal--who will not declare that opium smoking in china is a harmless if not an absolutely beneficial practice; that it produces no decadence in mind or body, and that the allegations as to its demoralising effects are simply untrue. those who have taken a special interest in the subject know that the poppy is indigenous to china, as it is to the rest of asia, that opium smoking is and has been a universal custom throughout china, probably for more than a thousand years; that this custom is not confined to a few, but is general amongst the adult male population; limited only, in fact, by the means of procuring the drug. that is my experience also; it is corroborated by others, and therefore i may assert it as a fact. i have used the adjective "protestant" because, although there are a great number of roman catholic and some greek missionaries in china, no complaint against the opium trade has ever to my knowledge been made by one of these missionaries. now, why is this belief so prevalent? because those foreign residents daily mix with the chinese, know their habits and customs, hear them talk, sell to them, and buy from them, and being aware, as they all are, of the controversy going on here about opium, and the strenuous efforts that are being made in this country to prevent the indian government from allowing opium to be imported into china, they take a greater interest in the subject, and examine the question more carefully than they otherwise might. they, i say, being on the ground and knowing the very people who smoke opium and who have smoked it for years, without injury or decay to their bodily or mental health, have irresistibly come to the same conclusion as i have. for myself, i may say that i have taken a very great interest in the subject, particularly during the past five or six years. i have tried in vain to find out those pitiable victims of opium smoking who have been so much spoken of in books, in newspapers, and on public platforms. day after day i have gone through the most populous parts of hong kong, which is a large city, having about one hundred and fifty thousand chinese inhabitants--in both the wealthiest and poorest quarters. i have daily had in my office chinese of all classes, seeing them, speaking to them, interrogating them upon different subjects, and i have never found amongst them any of these miserable victims to opium smoking. on the contrary, more acute, knowing, and intelligent people than these very opium smokers i have rarely met with. now, hong kong may be said to be, and is, in fact, the headquarters in china of the opium trade. it is there that all the opium coming from india and persia is first brought. it is, in fact, the entrepôt or depôt from which all other parts of china are supplied with the drug. furthermore, it is the port whence "prepared opium," the condition in which the drug is smoked, is mostly manufactured and exported to the chinese in all other parts of the world, for wherever he goes, the chinaman, if he can afford it, must have his opium-pipe. moreover, the chinese of hong kong get much better wages and make larger profits in their trades and businesses than they could obtain in their own country; and can, therefore, better afford to enjoy the luxury of the pipe than their own countrymen in china. so that if opium smoking produced the evil consequences alleged, hong kong is unquestionably the place where those consequences would be found in their fullest force. they are not to be found there in the slightest degree. one fact is worth a thousand theories, and this i give you as one which i challenge mr. storrs turner or any other advocate of the anti-opium society to disprove. i will now show you how i am corroborated. i have a witness on the subject whose testimony is simply irrefragable. dr. philip b. c. ayres, the learned and efficient colonial surgeon, and inspector of hospitals of hong kong, confirms my statement in the strongest possible manner. that gentleman has held the important office i have mentioned for about ten years. previous to taking up his appointment at hong kong he had been on the medical staff of india, where he had made opium and opium eating--for the drug is not smoked in india--a special study. in hong kong he has had abundant opportunities of studying the effects of opium smoking and making himself thoroughly acquainted with the wonderful drug, such opportunities, indeed, as few other medical men have ever had. it is part of his daily duties to inspect the civil hospital of hong kong,--a splendid institution open to all nationalities, and conducted by able medical men,--the gaol, the chinese hospital, called the tung wah, which is under exclusive chinese management, and all other medical institutions in the colony. thus a wide field of observation is presented to him. i may add here that dr. ayres is the only european physician who has succeeded in removing the prejudice among the better class of the chinese against european doctors and in obtaining a large native practice. this fact speaks volumes as to his general abilities as well as to his professional attainments and his means of acquainting himself with the social life of the chinese. in his annual report presented to the government of hong kong for the year , a copy of which, i believe, is now, or ought to be, in the pigeon-holes of the colonial office in downing street, there is the following passage:-- i have come to the conclusion that opium smoking _is a luxury of a very harmless description_, and that the only trouble arising from its indulgence is a waste of money that should be applied to necessaries. eight mace is equivalent to an ounce and twenty-nine grains, a quantity of opium sufficient to poison a hundred men, smoked by one man in a day, and this he has been doing for twenty years: that is to say, he has consumed in smoke in that time about one thousand pounds sterling, and for this indulgence he has to deny himself and his family many absolute necessaries. the list of admissions contains thirty-five opium smokers, and the amount smoked between them daily was eighty-four mace and a half, or seven dollars worth of opium. the result of my observations this year is only to confirm all i said on the subject of opium smoking in my report for . again, dr. ayres has published from time to time in the "_friend of china_," the organ of the anti-opium society, various interesting papers on medical subjects. this is what he says in an article which will be found at length at p. of vol. of that journal:-- my opinion of it is that it [opium smoking] may become a habit, _but that that habit is not necessarily an increasing one_. nine out of twelve men smoke a certain number of pipes a day, just as a tobacco smoker would, or as a wine or beer drinker might drink his two or three glasses a day, without desiring more. _i think the excessive opium smoker is in a greater minority than the excessive spirit drinker or tobacco smoker._ in my experience, the habit does no physical harm in moderation.... i do not wish to defend the practice of opium smoking, but in the face of the rash opinions and exaggerated statements in respect of this vice, it is only right to record that no china resident believes in the terrible frequency of the dull, sodden-witted, debilitated opium smoker met with in print, nor have i found many europeans who believe they ever get the better of their opium-smoking compradores in matters of business. let mr. storrs turner refute this, if he can. if he cannot, what becomes of his book[ ] published in , which may be called the gospel of the anti-opium society, with which i shall make you better acquainted by and by. and what should become of the anti-opium society itself, which has wasted on its chimerical projects hundreds of thousands of pounds--the contributions of the benevolent british public, which might have been spent in alleviating the misery and distress in this vast metropolis, or been otherwise usefully applied. the government of hong kong, for the purposes of revenue, has farmed out the privilege or monopoly of preparing this opium and selling it within the colony, and i dare say you will be surprised to hear that the amount paid by the present opium monopolist for the privilege amounts to about forty thousand pounds sterling a year. to elucidate this, i should tell you, that opium as imported from india, persia, and other places is in a crude or unprepared state. in this condition it is made up in hard round balls, each about the size of a dutch cheese, but darker in colour. to render it fit for smoking it has to be stripped of its outer covering, shredded, and boiled with water until it becomes a semi-fluid glutinous substance resembling treacle in colour and consistence. in this state it is known as "prepared opium." as such it is put up into small tins or canisters, hermetically sealed, so that it can be exported to any part of the world. now, i have been the professional adviser of the opium farmer for at least ten years, and from him and his assistants i have had excellent opportunities of learning the truth about opium. i have thus been able to get behind the scenes, and so have had such opportunities of acquainting myself with the subject as few other europeans have possessed. i knew the late opium farmer, whom i might call a personal friend, intimately from the time of my first arrival in china. when i call him the opium farmer i mean the ostensible one, for the opium monopoly has always, in fact, been held by a syndicate. my friend was the principal in whose name the license was made out, and who dealt with the wholesale merchants, carried on all arrangements with the government of the colony, and chiefly managed the prepared opium business. i knew him so intimately and had so many professional dealings with him, irrespective of opium, that i had constant opportunities of becoming acquainted with all the mysteries of the opium trade. now the conclusion to which my own personal experience has led me i have told you of before, and i have never met anyone who has lived in china, save the missionaries, whose experience differed from mine. i have tried to find the victims of the so-called dreadful drug, but i have never yet succeeded. many people in this country, i dare say, owing to the false and exaggerated stories which have been disseminated by the advocates of the anti-opium society, think that if they went to hong kong they would see swarms of wretched creatures, wan and wasted, leaning upon crutches, the victims of opium smoking. if they went to the colony they would be greatly disappointed, for no such people are to be met with. on the contrary, all the chinese they would see there are strong, healthy, intelligent-looking people, and, mark my words, well able to take care of themselves. i don't suppose there were five per cent. of my chinese clients who did not, to a greater or less extent, smoke opium. i have known numbers, certainly not less than five or six hundred persons in all, who have smoked opium from their earliest days--young men, middle-aged men, and men of advanced years, who have been opium smokers all their lives, some of them probably excessive smokers, but i have never observed any symptoms of decay in one of them. i recall to mind one old man in particular, whom i remember for more than fifteen years; he is now alive and well; when i last saw him, about two years ago, he was looking as healthy and strong as he was ten years before. he is not only in good bodily health, but of most extraordinary intellectual vigour, one of the most crafty old gentlemen, indeed, that i have ever met; no keener man of business you could find, or one who would try harder to get the better of you if he could. the only signs of opium smoking about him are his discoloured teeth, by which an excessive smoker can always be detected, for immoderate opium smoking has the same effect, though in a less degree, as the similar use of tobacco, the excessive smoking of which, as i shall by and by show you, is the more injurious practice of the two. the chinese, as a rule, have extremely white teeth--the effect, perhaps, of their simple diet, and their generally abstemious habits. they are proud of their teeth, which they brush two or three times a day, so that there is no difficulty in distinguishing heavy smokers from those who smoke in moderation. it is easy to compare the one with the other, and i may state that although the former be not often met with, he will be found to be not a whit inferior to the other in wit or sharpness. the old gentleman i have referred to, like many others of his countrymen, will settle himself down of an evening, when the business of the day is over, and enjoy his opium pipe for two or three hours at a stretch, yet, notwithstanding this terrible excess, as the anti-opium people would say, he continues strong and well. nay, more, he has two sons of middle age, healthy, active men, who indulge in the pipe quite as regularly as their aged father. i have known many others like these men, but have never seen or heard of any weakness or decay arising from the practice. now, i have told you that the british merchants in china hold the same views as i do upon the opium question. but it may be said that the merchants are interested persons, and in point of fact mr. storrs turner says as much in his book. and, of course, he would have it inferred that what _they_ allege or think on the subject should not have any weight, because they are the very persons in whose interest this so-called iniquitous traffic is being carried on, and that, therefore, they would not say anything likely to dry up their fountain of profit. i only wish for the sake of my fellow-countrymen that all these declarations about princely fortunes were true. hills look green afar off, but when you approach them they are often found as arid as the desert; and, unfortunately, like macbeth's air-drawn dagger, these splendid visions are not "sensible to feeling as to sight," but simply _princely fortunes_ of the mind "proceeding from the heat-oppressed brain." mr. turner mentions in his book one eminent firm in particular, the oldest and probably the greatest in china or the far east, a firm respected throughout the whole mercantile world, whose public spirit, boundless charity, and general benevolence are proverbial, whom he stigmatizes as "opium merchants," and who are, of course, making the imaginary "princely fortune" by opium. now if that gentleman had taken the least trouble to inquire before he launched his book upon the world, he would have found that the firm he refers to in such terms had had little or nothing to do with opium for at least twenty years. that is not, perhaps, a matter of much importance. if he had taken the trouble to make further inquiry, he could have had no difficulty in ascertaining, what i tell him now as a fact, and one within my own personal knowledge, that the only merchants in china who are making large profits out of opium are just two or three firms, who, by the undulations and fluctuations inseparable from commerce, have got the bulk of the trade into their hands, and that all the other british merchants throughout china, and all the foreign merchants, germans, americans, and others, have really little or nothing to do with the opium trade at all. of course, merchants now and then will have to execute orders for opium for a constituent who may require a chest or two of the drug, but that is only in the course of business, and is not attended with any profit to speak of. and i am perfectly sure that if it were possible to put a stop to this opium traffic, which is said to be the source of so much profit to many, that, saving the two or three firms i have mentioned, the suppression of the trade would make no difference to the other firms. this gross blunder of mr. storrs turner is characteristic of the general inaccuracy of his book. before casting odium upon an eminent firm common decency, if not prudence, to say nothing of good taste, should have induced him to make careful inquiries upon the subject. this, it is clear, he has not done, and, as if to make matters worse, although his book appeared so long ago as , in an article published in the "nineteenth century" for february , he has again gratuitously referred to this firm in terms as unjustifiable as they are absolutely unfounded. he couples the firm with another house now dissolved, and says, "they were legally smugglers, but the sin sat lightly upon their consciences." very pretty this for a minister of the gospel and the secretary of the anglo-oriental society for the suppression of the opium trade. the statement, even if true, was wholly unnecessary for the professed object of the writer, and why he made it is best known to himself. this is the gentleman by whose persistent efforts those fallacious and mischievous views upon the opium question have during the past eight years been mainly forced upon the public, and to whom the prolonged existence of that most mischievous organization, the anti-opium society, is due. he is the frankenstein who has created the monster that has deceived and scared so many excellent people. i will show you that this monster is but a poor bogey after all, with just as much form and substance as that with which mrs. shelley affrights her readers in her clever romance. on the other hand, do not let it be thought, as i believe has been said by some enthusiasts, that it is owing to the british merchants in china having discovered that opium is an unclean thing, and to their having washed their hands of all participation in the traffic, that the trade has fallen into the hands of a few, who of course would, by parity of reasoning, be set down as very unscrupulous people. that is a fallacy, and, what is more, it is an untruth. i do not believe there is a british firm, or a firm of any other nationality, in china, which would not, if the opportunity presented itself, become to-morrow "opium merchants," as mr. turner expresses it, if they thought the trade would prove a source of profit, because they hold, with me, that the opium traffic is a perfectly proper and legitimate one, quite as much so as traffic in tobacco, wine, or beer; and a thousand times less objectionable than the trade in ardent spirits. before proceeding further, it is important that i should bring to your notice some particulars about china and its people. it is actually necessary to do so, to enable you to grasp the facts and see your way well before you. although the opium question ought to be a simple one, yet, owing to the sophistries and misrepresentations of the anti-opium society, and in particular of its secretary and living spirit, mr. storrs turner, a wide field is opened to us across which it will be necessary to lead you to chase the phantom off the plain. the public here are very apt to think of china as if it were a country like italy, france, or england. they never dream for a moment of the immense empire which china actually is. perhaps if they did, and could take in the whole situation, they would be slower to believe the extraordinary stories which are spread about our _forcing_ opium upon the chinese, and, by doing so, demoralizing the nation. we forget, as we grow old, much that we have learned in our youth, especially geography, and i daresay many a schoolboy could enlighten myself and others upon that particular branch of education. china, it must be remembered, is a country which cannot be compared with france, spain, or england, for it is a vast empire, as large as europe, with a population some fifty or sixty millions greater. now, what a stupendous feat to be able to storm, as it were, that enormous empire, and for a handful of british merchants to succeed in forcing opium upon, and, by doing so, debasing the whole of this wonderful people. yet this is what is alleged by the anti-opium philanthropists and by mr. storrs turner, who is their priest and prophet, and so his enthusiastic disciples believe, to whom i would merely say,--"great is thy faith." these plain facts are not brought forward by the anti-opium people. the public are addressed and pleas are put forward for their support on the ground that we are dealing with a country of the like extent as our own, inhabited by a primitive semi-civilized people. no greater fallacy, no more downright untruth could be put forward. the chinese are not only a civilized but an educated people. until quite recently there were more people in the british islands, in proportion to their population, who could neither read nor write than in china. it must be borne in mind that the empire of china comprises eighteen provinces, quite large enough to form eighteen separate kingdoms. i am speaking now of china proper, and am leaving out thibet, mongolia, and manchuria, immense countries to the west, north-west, and north of china, and also the vast possessions of china in central asia, all forming part of that great empire. many of these eighteen provinces are larger than great britain; one of them is equal in extent to france. although there is in one sense a language common to the whole country, yet not only has each province a dialect of its own, different from that of the others, but it has, so to speak, innumerable sub-dialects. dialect, perhaps, is hardly the correct word; it is more than a dialect, for not only each province, but each district or county, has a dialect, differing so essentially from each other that the people of one province, or one district, can, in most instances, no more make themselves colloquially understood by those of another than a frenchman could make himself intelligible to an englishman, if neither knew the language of the other. you will often find people living in villages not more than fifteen or twenty miles apart who cannot converse with one another. i have seen in my own office a man belonging to the province of kwang-tung, in the south of china, unable to speak in chinese to a native of the adjoining province of fuh-kien. in this case the native villages of these two were not more than ten miles apart, and the only medium of conversation was the barbarous jargon in which europeans and chinese carry on their dealings, called "pidgin english"--a species of broken english of the most ridiculous kind. now, when you take into account that each province differs in language from each other--for that is really what the case practically comes to--that they have separate dialects in each province, and also, to a certain extent, different customs and certain prejudices, i ask you, does it not appear a gigantic, if not an impossible, task for england, a small and distant country, to be able to demoralize, debase, and corrupt the people of each of these eighteen provinces? yet that is really the allegation of the anti-opium society against their own country, this small and distant england! i have said that there are customs peculiar to each of these provinces, but there are others common to all; one of them is opium smoking; another, i am sorry to say, is hatred and contempt of foreigners. they one and all agree in regarding foreigners as an inferior race, whose customs, language, and religion they despise. among the common people every foreigner, of whatsoever nationality, is called "fan-qui," or "foreign devil." the designation of foreigners amongst the better classes of people is "outer barbarian." no better instance could i give you than this to show the strong prejudice held by the whole nation against foreigners. "fan-qui" is still the term used by the lower orders to denote foreigners, even in the british colony of hong kong. to remedy this state of things, at the time of the making of the treaty of tientsin in (which is the existing treaty between the two nations), lord elgin, the author of the treaty, had very properly a stipulation inserted that the term "outer barbarian" should no longer be applied to british subjects. now, when you take into account that not only are these three hundred and sixty millions of people spread over an enormous empire, having a prejudice common to all parts alike against foreigners, as well as their own prejudices against each other, forming eighteen separate provinces or kingdoms, speaking different languages, is it reasonable to suppose that they would, so to speak, simultaneously adopt the practice of opium smoking when introduced by the despised foreigner? if these people still despise our customs, as they do our religion, as they do everything, in fact, belonging to us, how can it be said that we are forcing this foreign drug upon them to their destruction? i have already mentioned that the custom of opium smoking is common to all the people of these eighteen provinces. whether they live in the valleys or on the hills they smoke opium. now mr. turner is a great enemy of opium smoking; he is its determined opponent, and i do not think i wrong him--i certainly do not mean to do so--when i describe him as a person strongly prejudiced against the practice. the best, the wisest, and ablest among us have prejudices, and it is casting no stigma upon that gentleman to say that he has his. when i make you better acquainted with his book, which i shall soon do, you will, i think, agree with me on this point. when people have those strong prepossessions they are prone not to judge facts fairly; they see things, in short, through a false medium. that which to an ordinary person appears plain and clear enough, to one under the influence of prejudice stands out in different colours, and is passed over as untrue or misleading; sometimes, however, the plain truth will leak out, in spite of prejudice. it is laid down by legal text writers that truth is natural to the human mind, that the first impulse of a man if interrogated upon a point is to tell the truth, and that it is only when he has had time to consider, that he is inclined to swerve from it. now in this book of mr. turner's, at p. , he confirms my statement. this is what he says. i need not read to you the previous part, because the context does not alter the sense of my quotation. he is arguing against the allegation of pro-opium people that opium has a beneficial result in counteracting the effects of malaria and ague, and he says:-- these curious arguments are two. first, that the universal predilection of the chinese for opium is owing to the malarious character of the country; secondly, that the use of opium is a wholesome corrective to the unwholesome, even putrid, food which the chinese consume. the reply to the first is that the country over which opium is smoked is in area about the size of europe, and includes, perhaps, an equal variety of sites, soils, and climates, great plains level as our own fen district, and mountainous regions like the highlands of scotland. ague is almost unknown in many of the provinces--_yet everywhere, in all climates and all soils, in every variety of condition and circumstance throughout that vast empire, the chinese smoke opium_. now that is the testimony of the rev. storrs turner, the most strenuous and, as i believe, the ablest advocate against the indo-china opium trade. but then he adds:-- but nowhere do they all smoke opium. the smokers are but a per-centage greater or smaller in any place. well, nobody ever said they all did smoke opium. females, as a rule, do not smoke, and children don't smoke. it is only the grown men, and those who can afford to buy the drug, who smoke it. china, for its extent and its vast and industrious population, is still a poor country. although its natural resources are considerable, the great bulk of the people are in poor circumstances. it is only those above the very poor who can afford to smoke opium occasionally, and only well-to-do people who are able to do so habitually. opium smoking is, in fact, a luxury in which, every chinaman who can afford it indulges more or less, just as english people who have sufficient means drink tea, wine, and beer, or smoke tobacco. the effects of opium smoking are no more injurious than are those articles, in daily use in england, nor is its use more enslaving. on the contrary, from my own observation, i feel persuaded that those who habitually drink wine or spirits are far more liable to abuse and become enslaved to the habit than the smoker of opium. this, as you are now aware, is confirmed by the great authority of dr. ayres. yet mr. storrs turner, in the face of that most damaging admission, and his disciples would have the british public believe that by supplying the chinese with a small quantity of opium, which is used and grown largely in almost every province, district, and village of china, we are demoralizing and degrading the whole people. now, if this practice of opium smoking has existed, and does exist, throughout these eighteen provinces, over this large and mighty empire, as mr. storrs turner admits, can it be urged for a moment that england has had anything to do with it more than that englishmen, in common with other foreigners, have imported for the last forty or forty-five years a quantity of the drug very much less than that actually grown in china itself? i say she has not. i say that opium smoking has existed for a thousand years or more, and that its use by the natives of china is simply limited by the extent of their purchasing power. but how is it that such divergent opinions can exist between englishmen living in china and certain englishmen here at home? my answer is, that the former, the english residents in china, derive their knowledge on the subject from actual experience formed from personal intercourse with the natives, from seeing with their own eyes, and hearing with their own ears; whilst people in england obtain their information from hearsay only. hearsay testimony is their sole guide; and, as i shall show you by and by, this hearsay evidence is of the worst and most unreliable kind. but still the question remains why this should be so; why is it that among the educated and intelligent people of england, in an age when newspapers are universal, and books of travel cheap and plentiful, that such an extraordinary difference of opinion should exist? i will now give you the explanation of these opposite views. the first is this:--china is ten thousand miles away. if that country were as near to us as the continent of europe, to which it is equal in extent, the people of england, including all these anti-opium advocates, would be of the same mind as their countrymen in china. the field of the imposture would then be so close to us that the delusion could no longer be sustained--if, indeed, under such circumstances it could ever have existence--it would be seen through at once. if it were sought to prove that we were corrupting and demoralizing the whole of the natives of the continent by selling them spirits, beer, or opium, and if the persons who did so were to pity, patronize, and caress those people as if they were an inferior race, and but semi-civilized, as the anti-opium people do with the chinese,--the persons who attempted to act in such an extraordinary manner would be scoffed at as visionaries, if not downright fools; yet the parallel is complete. indeed, taking into account the existing prejudices of the chinese against foreigners, the sound sense of the people of china and their frugal and abstemious habits, there should be less difficulty in effecting such wonderful results in europe than in china. perhaps, however, the best illustration of this is that afforded by the present agitation here in england, under the leadership of sir wilfrid lawson against the liquor traffic. the evils of intemperance, unlike those alleged against opium smoking, are real evils, and are admitted to be so by all. everyone is agreed upon this point; yet a large portion of our revenue, amounting to some twenty-six millions sterling, is derived from taxes upon spirits, wine, and beer, the abuse of which produces these evils. sir wilfrid lawson is as determined a foe to the indo-china opium trade as he is to the liquor traffic. why does he not apply the same rule to the one as to the other? why does he ask the government to forego the eight millions derived from opium in india, and not demand the abrogation of these spirit, wine, and beer duties which are derived from so wicked a source here in england? he and his anti-opium friends would, if they could, prohibit the cultivation and exportation of opium in india, why do not he and his fellow teetotallers call upon the country to prohibit the manufacture of alcoholic liquors? some few months ago an anti-opium meeting took place at, i think, newcastle, attended by sir wilfrid lawson. in the course of a facetious speech the honourable baronet, becoming serious, made quite light of this ridiculously small sum of eight millions sterling derived from the opium trade, and declared that he who did not believe that a substitute for it could be found was a "moral atheist"--whatever that may mean. why does he not call upon the government to forego the sum of twenty-six millions derived from alcohol, which is not more to england, if indeed so much, as the eight millions are to india, and declare that any person who said we could not find a substitute was a "moral atheist"? i answer thus: because the one concerns matters here at home with which he and the rest of the public are well acquainted, whilst the other relates to affairs ten thousand miles away, about which he and they know little or nothing. sir wilfrid and his followers very well know that if they advocated the abolition of the duties on spirits, wine, and beer, they would be simply scoffed at by the public as fools and visionaries, and that, on the other hand, if they required all our distilleries and breweries and all public-houses to be closed, they would be treated as downright lunatics; but it is quite different as regards india and china. with matters in those countries these enthusiastic gentlemen can and do disport themselves very much as they please, oblivious to the plainest facts. the second is this:--there is, here in england, that powerful association, "_the anglo-oriental society for the suppression of the opium trade_," whose sole object is to attain the end which its name imports, the abolition of the indo-china opium trade, on the alleged ground that it is demoralizing and ruining the natives of china. that society, i deeply regret to say, is supported by some of the most influential people in england--noblemen, archbishops, and other dignitaries of the church, clergymen of all denominations, people justly and deservedly commanding the respect of their fellows--but who, on this opium question, simply know little or nothing, who implicitly believe all that is told to them by the agents of that society, but otherwise have no knowledge of the facts. when it is taken into account that this body has immense funds at its command, that it has the support of a large part of what is known as the "religious world," and that the society has branches and agencies ramified throughout the whole country, the reader will not fail to perceive how this extraordinary hallucination, these false and unfounded delusions respecting opium smoking, have got possession of the public mind. in former times we have had associations formed for the purpose of carrying out great public objects and of disseminating knowledge necessary for the country to comprehend those objects; but you will find that for the most part these societies have dealt with acknowledged and existing facts. for instance, there was the "anti-corn law league." the purposes of that league were understood by everyone; the main facts were admitted because they existed here in england and were patent to all. it was only a matter of opinion between two great political parties whether they should be dealt with in one particular way or not. that league was formed for a great national object; but the anti-opium society of which i am speaking has been got up to carry out the opinions of a few individuals, most respectable, i admit, but at the same time most enthusiastic--i may say, indeed, fanatical--holding views the most incorrect and delusive upon a subject with which they are most imperfectly acquainted. meantime, this society, through its ubiquitous and indefatigable secretary, who may be called the "head centre" of the confederacy, and its other agents, is for ever on the alert. let any gentleman who has bad experience of opium smoking, whether in india or china, write to the newspapers; let him read a paper at a meeting of any of our scientific bodies disputing the alleged facts of the opium-phobists, and he is marked out as a prey. sir rutherford alcock, whose high character, thorough knowledge of china, and great abilities are well known, with a view of putting the opium question before the public in a correct and proper light, published an able and, indeed, unanswerable article in the "nineteenth century" for december ("opium and common sense"), when mr. storrs turner plunged into print with a counter article in the number for february of the same review ("opium and england's duty"), to which i have already alluded. this article purports to be an answer to the former one, but it is nothing of the kind, for it is a mere _rechauffé_ of his book, and wholly fails in its alleged purpose. again sir rutherford alcock, with the same laudable object, early in , read an able and interesting paper on the opium question before the society of arts. it was listened to by many scientific gentlemen and others. sir rutherford knows the truth about opium, and he told it in his paper. the rev. storrs turner was there; he knew the damaging revelations which sir rutherford alcock had made, and so much afraid was he of the effects of the fusillade, that to rally his dismayed followers he improvised a meeting of his most devoted disciples two or three days afterwards at the aquarium. i venture to say there was not a pro-opium advocate present at his meeting i do not think the meeting was ever advertised--i certainly saw no advertisement of it in the newspapers--and mr. turner, on that occasion, exhorted his followers to hold fast to the true faith, refuting in the way, no doubt most satisfactory to himself and his audience, the facts, figures, and arguments of sir rutherford. so it is with articles and letters in the newspapers. many gentlemen well-informed upon the opium question have published letters dealing with this question on the pro-opium side; whereupon mr. turner and other anti-opium advocates at once pounce down upon them, and repeat the same old stale exploded stories about demoralization and what not. but latterly, and since the first edition of these lectures was published, mr. turner has preferred to carry on the anti-opium agitation more quietly, for i think i have thrown cold water upon the zeal of him and his friends. his plan now is to get together in private conclave a few medical gentlemen and others whose opinions he has first made sure of; certain resolutions are then produced ready cut and dry, which are passed with acclamation and inserted in the newspapers. this sort of thing deceives nobody but the infatuated dupes of the anti-opium society, for whose edification they are principally intended; just as the american orator, though speaking to empty benches in congress, made what his constituents at bunkum considered a capital speech. all these anti-opium articles, speeches, and resolutions are based upon the same model. they assume certain statements as existing and acknowledged facts which have never been proved to be such, and then proceed to draw deductions from those alleged facts. this style of argument can scarcely be praised for its fairness; it certainly places those who hold contrary views, and who object to employing similar tactics, at a disadvantage. this is especially remarkable in mr. storrs turner's article in the "nineteenth century." there the writer, taking all his facts for granted, plunges at once _in medias res_, and proceeds to enlighten his readers with all the confidence of the pedagogue who, strong in his axioms and postulates, explains to his admiring pupils the mysteries of the "asses' bridge." the english people have hitherto had little or no knowledge of the opium question, save what they hear through the anti-opium society, in whose teaching some of them put faith, if only for the reason that they are mostly clergymen and others of high character. and here i may observe that, supposing the pro-opium advocates, or perhaps i should more correctly say the general public, had a counter society to disseminate their opinions, that they had organised a committee with command of ample funds, and had officers to carry out their views, this anglo-oriental society would be strangled in three months; for fiction, however speciously represented, cannot hold its own against fact. there is an old saying that "what is everybody's business is nobody's business," and so it has been with the pro-opium side of the question. the foreign merchants in china, as a body, have no interest in the indo-china opium trade. they would not care if the trade were to be suppressed to-morrow, and therefore they take no active part in opposing the anti-opium society. the general public also take little or no interest in the matter, and it is really only those who are actuated by a sense of duty, or who, like myself, have followed the question, and who, from practical acquaintance and a thorough research into all its bearings, take more than ordinary interest in the subject, who think of refuting the monstrous misrepresentations of the anti-opium people. therefore it is that the other side have had practically the whole field to themselves. upon the like conditions any imposture could for a time be successfully carried on. the days of the anti-opium agitation are, however, happily drawing to a close. a flood of light from various sources has within the past year been thrown upon the subject. the unwholesome mists of ignorance, prejudice, and fanaticism are clearing away, and the truth about opium is becoming visible at last. and here i would observe that in using the word "imposture" i do not mean to impugn the motives of any of the good and benevolent people who support this society. i speak of the thing, not of those who have created or are supporting it. i have before slightly touched upon the charges brought against the british government and the british nation respecting opium. i will formulate them more particularly now; as the subject cannot, i think, be thoroughly understood unless i do so. i have read mr. storrs turner's book and his reply to sir r. alcock, very carefully; i have read anti-opium speeches delivered in london, manchester, leeds, and london upon the subject; they all come to the same thing--one is a repetition of the other. as i understand the matter, this is what the charges of the anti-opium society amount to. it is alleged that opium smoking, once commenced, cannot be laid aside, that it poisons the blood, reduces the nervous and muscular powers, so that strong men under the use of opium speedily become debilitated and unfit for labour; that opium smoking paralyses the mind as well as the body, and produces imbecility, or at least mental weakness; that it so demoralises the people using it, that it converts honest and industrious men from being useful members of society into lazy, dishonest scoundrels; that it saps the manhood and preys like a cankerworm upon the vitals of the chinese people, injuring the commonwealth and threatening even the existence of the nation if the custom of opium smoking be not stopped, which, it is alleged, can be effected only by the supply of opium from india being discontinued. it is urged, in fact, that the sale of indian opium to the chinese is a crime not only against the people of china but against humanity; that much, if not all, of the misery and crime prevalent throughout china are due, either directly or indirectly, to the use of opium; and for all these fearful results england is held responsible. it is further said, that the sale of british opium to the chinese interferes with legitimate commerce, creating, it is alleged, so much bitterness in the native mind against the english nation, that the chinese refuse to buy our goods. and, above all, it is contended that the indo-china opium trade impedes the progress of christianity, the chinese refusing to accept the gospel from a people who have such terrible crimes to answer for as the introduction of indian opium into china. since the days of judge jeffereys never was there such a terrible indictment, nor one so utterly unfounded as happily it is. in fact, all the objections that in old times were made against negro slavery have been brought forward against this harmless and perfectly justifiable indo-china opium trade. indeed mr. storrs turner, in his article in the "nineteenth century," coolly places the two in the same category, and modestly proposes that the revenue from opium should be discontinued, and that england should compensate the indian government for the loss, just as she did the slave owners. it is astonishing how liberal your political philanthropist can be in the disposal of other people's money. well, i had always thought that the government of india, for the past sixty years at least, had been actuated by one great and prominent object--the amelioration, the happiness, and prosperity of the teaming millions committed to its care, and i think so still. i have always believed that the imperial government, no matter which party was from time to time in power, had the prosperity, honour, and dignity of their country at heart, and were influenced by a sincere desire towards all the world to be just and fear not, and to diffuse as much happiness as possible amongst our own people, and all other nations and races with whom we became associated all over the world, and i remain of that opinion still. some fifty years ago we washed the stain of slavery from our hands, performing that great act of justice from a pure sense of duty, without any outside pressure, and also without shedding a drop of blood. this act was unique, for at the time slavery existed in every country, and had so existed for thousands of years. we know that, thirty years later, a similar achievement cost a kindred nation a long and bloody war, and an aggregate money expenditure far exceeding our own national debt--the growth of centuries. that feat of ours showed what the mind and heart of this great nation then were, and i do not believe that we have since degenerated. since then we have spent many millions of money in sweeping slavery from the seas and in endeavouring to put an end to that accursed evil throughout the world. in doing this our pecuniary loss has been the least of our sacrifices. we have spent more than money. we have lost in the struggle the lives of some of the best and noblest of england's sons. these are acts worthy of a great nation; compared with them the objects of the anti-opium society sink into utter insignificance. the sublime and the ridiculous could not be brought more vividly face to face. for the last fifty years there has been one feeling predominant in the minds of the people of england, and that is a manly, generous anxiety to protect the weak against the strong all over the world. yet these foul and untenable charges against england are now spread broadcast by this society, whose only warrant for doing so are the statements made to them by a handful of fanatical missionary clergymen, whose unfounded and fantastic views are accepted as so much dogma which it would be heresy to doubt. why, if we were guilty of but half the wickedness attributed to us, it would not require this anti-opium society to cry it down; the nation would rise as one man to crush it for ever. there is not a british merchant in china who would not raise his voice against it, aye, though he was making that princely fortune which mr. turner refers to in his book; for let me assure you that your fellow-countrymen in china, who are but sojourners in that land, as they all hope to end their days at home, have as warm a love for their country and as keen a sense of their country's honour and dignity as any set of englishmen residing here at home, however high their station and great their wealth. to prove to you, if indeed further proof is necessary, that i have not overstated the case as regards the extreme views of the missionaries and the anti-opium society, i will give you their latest production. it comes from the fountain-head, and takes the form of a petition of "the ministers of the gospel in china" to the house of commons. this petition was prepared by the missionaries of peking, and is a gem in its way. it would never do to put the reader off with a mere extract, so i give it _in extenso_. it was drawn up and sent round for signature during the past summer, and appeared in the shanghai and hong kong newspapers. this is the document:-- _to the honourable_ the british house of commons. the petition of the undersigned missionaries of the gospel in china humbly sheweth: that the opium traffic is a great evil to china, and that the baneful effects of opium smoking cannot be easily overrated. it enslaves its victim, squanders his substance, destroys his health, weakens his mental powers, lessens his self-esteem, deadens his conscience, unfits him for his duties, and leads to his steady descent, morally, socially, and physically. that by the insertion in the british treaty with china of the clause legalizing the trade in opium, and also by the direct connection of the british government in india with the production of opium for the market, great britain is in no small degree rendered responsible for the dire evil opium is working in this country. that the use of the drug is spreading rapidly in china, and that, therefore, the possibility of coping successfully with the evil is becoming more hopeless every day. in the foreign import was twelve thousand chests; in it was thirty-four thousand chests; in it was ninety-five thousand chests; in it was ninety-seven thousand chests. _to this must be added the native growth, which, in the last decade, has increased enormously, and now at least equals, and according to some authorities doubles, the foreign import._ that while the clause legalizing the opium traffic remains in the british treaty, the chinese government do not feel free to deal with the evil with the energy and thoroughness the case demands, and declare their inability to check it effectively. that the opium traffic is the source of much misunderstanding, suspicion, and dislike on the part of the chinese towards foreigners, and especially towards the english. that the opium trade, by the ill name it has given to foreign commerce, and by the heavy drain of silver it occasions, amounting, at present, to about thirteen million pounds sterling annually, has greatly retarded trade in foreign manufactures, and general commerce must continue to suffer while the traffic lasts. that the connection of the british government with the trade in this pernicious drug excites a prejudice against us as christian missionaries, and seriously hinders our work. it strikes the people as a glaring inconsistency, that while the british nation offers them the beneficent teaching of the gospel, it should at the same time bring to their shores, in enormous quantities, a drug which degrades and ruins them. that the traffic in opium is wholly indefensible on moral grounds, and that the direct connection of a christian government with such a trade is deeply to be deplored. that any doubt as to whether china is able to put a stop to opium production, and the practice of opium smoking in and throughout her dominions should not prevent your honourable house from performing what is plainly a moral duty. your petitioners, therefore, humbly pray that your honourable house will early consider this question with the utmost care, take measures to remove from the british treaty with china the clause legalizing the opium trade, and restrict the growth of the poppy in india within the narrowest possible limits. your honourable house will thus leave china free to deal with the gigantic evil which is eating out her strength, and creates hindrance to legitimate commerce and the spread of the christian religion in this country. we also implore your honourable house so to legislate as to prevent opium from becoming as great a scourge to the native races of india and burmah as it is to the chinese; for our knowledge of the evil done to the chinese leads us to feel the most justifiable alarm at the thought that other races should be brought to suffer like them from the curse of opium. we believe that, in so doing, your honourable house will receive the blessing of those that are ready to perish, the praise of all good men, and the approval of almighty god. and your petitioners will ever pray. the thoughts that occurred to me after reading this petition were these:--first it struck me that the missionaries, like the unfortunate bourbons, "had learnt nothing and forgotten nothing." i thought next of the wonderful solicitude shown by these missionaries for the mercantile interest. "by the ill name the opium trade has given to foreign commerce," they say, "the trade in foreign manufactures and general commerce has been retarded, and must continue to suffer while the opium traffic lasts." well, it is remarkable that this complaint is not made by the people whose interests are alleged to have so suffered, but by missionary clergymen, who ought to know little or nothing upon the subject; they are not merchants, and associate very little with mercantile men, either native or foreign, and certainly, if they minded their own business, could not possibly have that knowledge of mercantile affairs with which they appear to be so familiar. the persons who ought to know whether foreign manufactures or foreign trade have fallen off owing to the opium traffic, are the foreign merchants resident in china, whose especial duty it is to look after those interests, yet these gentlemen, strange to say, have made no complaint of the kind. those merchants are directly concerned in foreign manufactures and general commerce either as principals or as agents for absent principals in england and elsewhere; they, in fact, exclusively manage foreign trade in china. there is a chamber of commerce in hong kong and another in shanghai, whose members are all keen men of business, actively alive to their own and their constituents' interests, and in constant communication with similar mercantile bodies at home; moreover, there are excellent daily papers published in both these places, where such grievances, if they existed, could be freely ventilated; yet the missionaries of the gospel in peking would have the house of commons and the world believe that the foreign merchants in china, who are always wide-awake, are blind to their own interests and slumbering at their posts. now why have not these merchants ever complained that commerce has suffered from the opium traffic? why, simply because there is no foundation in fact for such complaint. i am afraid that with the missionaries who make this most unfounded statement the "wish was father to the thought." every man ought to know his own business best, and you will generally find that when a stranger professes great interest in your affairs, and presses upon you gratuitous advice upon the subject, he is not really actuated by a desire to promote your interests, but has some other and totally different object in view. so it is with these missionary gentlemen at peking. there is just one other point connected with this remarkable petition to which i would call attention. evidently feeling the ground slipping from under their feet, the framers, adding another string to their bow, extend their sympathies beyond china, and take british burmah under their patronage. indeed, it seems to me that these missionary clergymen of peking would, if they could, not only supersede the viceroy of india in his management of the indian empire, but even her majesty the queen and her immediate government. i should here, however, in justice to the entire missionary body, say, that _all_ of them are not so deluded as their brethren at peking. there is one bright, particular star, at least, which shines through the egyptian darkness that enshrouds the rest. the reverend f. galpin, of the english methodist free church, is a respected missionary clergyman at ningpo, an important port on the east coast of china. he, unlike most of his brethren at other places in that country, when asked to sign this curious petition, very properly declined to do so. all honour to mr. galpin. he was not afflicted with the midsummer madness of his brethren at peking. were all the protestant missionaries in china like him, we should not have heard of these absurd and monstrous stories respecting the indo-china opium trade, and there would, perhaps, be larger and better results from the missionary's labours. this is the manly, sensible, and dignified reply of mr. galpin:-- the rev. j. edkins and others, peking. sir,--i beg to acknowledge receipt of a copy of your circular, dated june th, with form of petition to the british house of commons against the importation of indian opium, and also to express my sympathy with the spirit and motives that have suggested the petition; but, at the same time, i must also express disapproval of the proposed petition, and disbelief of many of the statements contained therein. looking at christianity in the broad and true sense, as a great regenerating force breathing its beneficent spirit upon and promoting the welfare of all, of course the excessive use or abuse of opium, and every other thing, is a serious hindrance to its happy progress. _but this is a very different position from that of supposing that the present apparent slow progress of mission-work in china is to be attributed to the importation of indian opium._ china is a world in itself, and the influence of christian missions has hitherto reached but a handful of the people, for there are many serious obstacles to its progress besides opium. then, again, i beg to express my hearty dissent from the idea presented in the petition, that the chinese people or government are really anxious to remove the abuse of opium. the remedy has always been, as it is now, in their own hands. neither do i believe that if the importation of indian opium ceased at once, the chinese government would set about destroying a very fruitful means of revenue. on the contrary, i feel sure that the growth of chinese opium would be increased forthwith. i therefore beg to return the petition in its present form, with the suggestion that christian missionaries had better direct their attention to, and use their influence upon, chinese. yours truly, f. galpin, _english methodist free church_. ningpo, th july. no doubt these most estimable and respectable but infatuated gentlemen suppose that their petition will have some weight with the legislature. i believe and hope it will, but not exactly of the kind expected; for i shall be surprised indeed, if it be not treated as it deserves, _i.e._ as a downright contempt of the house of commons; for it seems to me to be an insult to the common sense not only of the house in its collective capacity, but of every individual member. in saying this i am far from attributing to these missionary clergymen a wilful intention to state what they knew to be untrue, nor to insult or mislead the legislature, for i am assured that one and all of them would be incapable of so doing. i am sure they thoroughly believe every word they have stated to be true; but then it must be remembered that the effect upon the public mind and the injury done to society by the publication of fallacious and untrue statements, are in no way lessened because their authors suppose those statements to be, in fact, true and correct. i have shown you that mr. turner admits that opium smoking is common all over china. but, he says, the chinese do not all smoke. in his book he affirms that it is only in recent years that opium has been grown in china. this is the passage, it occurs at page :--"indigenous in asia, the first abode of the human species, the poppy has long been cultivated in egypt, turkey, persia, and _recently_ in china and manchuria. it is well known in our gardens, grows wild in some parts of england, and is cultivated in surrey for the supply of poppy heads to the london market. from the time of hippocrates to the present day _it has been the physician's invaluable ally in his struggles against disease and death_." this is about the most remarkable statement i have ever read. the greater includes the less, and if the poppy is indigenous to asia it is, of course, indigenous also to china and manchuria, which with the other dominions of china comprise fully one-fourth of the entire asiatic continent. this, indeed, mr. storrs turner does not deny in terms, but it is plain he wished his readers to believe that the poppy was _not_ indigenous to those countries, and was only recently introduced there. the passage involves that sort of fallacy which lord palmerston termed "a distinction without a difference." as to the poppy being indigenous to the whole of asia and notably to the most fertile parts of it, _e.g._ china and manchuria, there can be no doubt, and therefore no difference, but the distinction is that it is only of late years that it has been _cultivated_ in those countries. the poppy may grow wild over a continent, but be cultivated only in a part. i will show you by-and-by, upon excellent authority and by the strongest grounds for inference, that the poppy is not only indigenous to china, but has been cultivated there for various purposes other than for medical ones and for smoking, certainly for two thousand, and probably for four or five thousand years. an ordinary reader, especially one not familiar with the geography of asia, would conclude from this passage in mr. turner's book that china and manchuria were not in asia at all, but that of late years the poppy had been introduced into those countries from that continent. thus much for the gospel of the anti-opiumists. i now confront mr. storrs turner with another book, which everyone must admit is of greater authority than his. it is a book published towards the close of by a high official of the chinese government, then mr. but now sir robert hart, g.c.m.g., the inspector-general of chinese customs, a man who knows china and the chinese better, perhaps, than any living european. that gentleman tells a very different tale about opium to what the anti-opium society has hitherto regaled the world with. this book is an official one, issued from the statistical department of the inspector-general of chinese customs at shanghai for the use and guidance of the chinese government. it stands upon a very different footing to the volume published by mr. turner, the paid secretary and strenuous advocate of the anti-opium society. sir robert hart has entire control over the revenue of china as far as regards foreign trade. at every treaty port open to foreign vessels there is a foreign commissioner of customs, and sir robert hart is the supreme head of these commissioners. he is a man deservedly trusted and respected by the chinese government; a man of learning and talents, and i need hardly add of the very highest character, and, i believe, he is one of the most accomplished chinese scholars that could be found. he says that opium has been grown in china from a remote period, and was smoked there before a particle of foreign opium ever came into the country. this is the passage from his--the now famous yellow-book:-- in addition to the foreign drug there is also the native product. reliable statistics cannot be obtained respecting the total quantity produced. ichang, the port nearest to szechwan, the province which is generally believed to be the chief producer and chief consumer of native opium, estimates the total production of native opium at twenty-five thousand chests annually; while another port, ningpo, far away on the coast, estimates it at two hundred and sixty-five thousand. treating all such replies as merely so many guesses, there are, it is to be remarked, two statements which may be taken as facts in this connection: the one is that, so far as we know to-day, the native opium produced does not exceed the foreign import in quantity; _and the other that native opium was known, produced, and used long before any europeans began the sale of the foreign drug along the coast_. so much for mr. storrs turner's bold assertion that it is only recently that opium has been cultivated in china; the obvious inference which he wished the reader to draw from it being that it was the importation of the indian drug into china that induced the natives to plant opium there. now, with respect to that most unfounded charge of the chinese disliking the english for introducing opium into their country, and british commerce declining in consequence, i assure you that all that is simply moonshine. these statements are not merely false assumptions, they are simply untrue. no one who has had any experience of china and its people, does not know perfectly well, that of the whole foreign trade with china the british do at least four-fifths; not only have we the lion's share of the trade, but it is an unquestionable fact that of all the nations who have made treaties and had dealings with china, the british are and have been for many years the most respected by the chinese people. it is, i say, an indisputable fact, that notwithstanding all our past troubles about smuggling and our wars with china, which mr. turner is so fond of dilating upon, that at this day, by high and low, rich and poor, from the mandarin to the humble coolie, england is held in higher regard than any other nation. if trade with china has in any way declined, the fact is traceable to other and different causes, which it is not my province to enter upon. now, why are england and englishmen thought so well of by the chinese? it is simply because the british merchants and british people in china have acted towards the chinese, with whom they have been brought into contact, with honour and rectitude--because in their intercourse with the natives they have been kind, considerate, and obliging--because, instead of resenting the old rude and overbearing manners of the chinese officials and others, they have returned good for evil, and shown by their conciliatory bearing, and gentlemanly and straightforward conduct, that the british people are not the barbarians they had been taught to believe. by such means the british residents in china have gone far to break down the barrier of prejudice towards foreigners behind which the people of that country had hedged themselves, thus preparing the way for the labours of the missionaries and making, in fact, missionary work possible. if further proof were wanting that the british are held in high estimation by the people and the government of china, it will be found in the fact, that our own countryman, sir robert hart, who before entering the service of the chinese government had been in the diplomatic service of his own country, now occupies the high and honourable position of inspector-general of chinese customs, and is, i may add, the trusted counsellor of the government of china. it is not very long since the governor of canton paid a visit to the governor of hong kong; such an act of courtesy to her majesty's representative on the part of so great a chinese magnate was until then, i believe, unprecedented. the constant exclamation of the great mandarin as he was being driven through the streets of hong kong was--"what a wonderful place! what a wonderful place!" in allusion to the fine buildings, the wide and clean streets,--a strong contrast to those of canton--and the dense and busy population around him. and yet more recently, that is during the summer of , a greater personage still paid an official visit to the hon. w. h. marsh, who during the absence of sir george bowen, the governor, worthily administers the affairs of the colony--i refer to the present viceroy of the provinces of kwantung and kwangsi, commonly called the "two kwangs," an official only next in importance to his excellency li hung chang, the governor of petchili. do you think we should have such a state of things if we were demoralizing and ruining the people of china, as is alleged by the anti-opium society, or if, indeed, the chinese people or government had any real grievance against us. upon this point i cannot refrain from mentioning an incident that occurred soon after i arrived in china. a respectable chinaman asked me to prepare his will. he gave me for the purpose, written instructions in chinese characters, which i had translated. on reading the translation i found his instructions very clearly drawn up, but what was gratifying to me, and what is pertinent to my subject, was the following passage, with which he commenced them:--"having," said he, "under the just and merciful laws administered by the english government of hong kong, amassed in commerce considerable wealth, i now, feeling myself in failing health, wish to make a distribution of the same." there are thousands like that chinaman in hong kong, and also in shanghai, and in all the treaty ports of china. in speaking as this man did, he was only giving expression to the feelings of all his countrymen who have had dealings with the english in china. are such feelings on the part of these chinese consistent with the consciousness that we are enriching ourselves by ruining the health and morals of their countrymen, as is most wrongfully put forward by the anti-opium society and its allies the protestant missionaries? no; they bespeak perfect confidence, respect, and gratitude towards us; for oppressed and plundered as the chinese have been by their own officials, there is no other people on the face of the earth who more thoroughly appreciate justice and equity in the administration of public affairs; thus it is that they respect the british rule, which they have found by experience to be the embodiment of both. there are very few, perhaps, in this country who know what hong kong really is. it is now a flourishing and beautiful city, standing upon a site which, but the other day, was a barren rock. commerce with its civilising influence has transformed it into a "thing of beauty," "an emerald gem of the _eastern_ world." forty years ago, the english government sent out a commissioner to report upon the capabilities of the place for a town or settlement. he sent home word that there was just room there for _one_ house. he little dreamt that upon that barren inhospitable spot within a few years would be realised the poet's dream when he wrote:-- oh, had we some bright little isle of our own in a blue summer ocean far off alone, where a leaf never dies, midst the still blooming bowers, and the bee banquets on through a whole year of flowers. he little thought that on that very site there would soon be many thousands of houses, some of them palatial buildings, including many christian churches and some heathen temples, for liberty of conscience reigns there supreme; with a chinese population of over one hundred and fifty thousand. these people are all doing well. some of them are wealthy merchants; many of them are shop-keepers; others are artificers; and a very large number of them are labourers or coolies. there is no pauperism in the colony. the people there are all well-to-do, or able to live comfortably, and, what is more, they are all happy and contented. a comparatively small body of police preserves the peace of the colony; for, thanks to a succession of wise and able governors, local crime has been reduced to a minimum; serious offences are very rare amongst the regular inhabitants. it is the criminal classes from the mainland which really give trouble, for hong kong labours under the disadvantage of being close to two large cities on the pearl river--canton and fatchan, notorious for piratical and other criminal classes. you might send a child from one end of the town to the other without fear of molestation. indeed, the natives themselves are the very best police; for, take the chinese all round, they are the most orderly and law-abiding people in the world. they respect the british government as much as the british people do themselves. they bring their families to hong kong, settle down there, and make themselves perfectly at home, finding more security and happiness there than they ever could attain in their own country; because in hong kong there is and has always been perfect equality before the law for every man, irrespective of race, colour, or nationality. the life and property of every man there is secure. this is not the case in china. these are the fruits of commerce which brings peace and plenty in its train, which sweeps aside the dust of ignorance, fanaticism, and superstition--which has reclaimed the deserts of australia and north america, and spread flourishing cities there, where law and order, truth and justice, peace and happiness, religion and piety are established. these are the achievements of british merchants who have won for our sovereign the imperial diadem she wears, and made their country the mistress of the world. these are the people who have done all this, and better still, made the name of england honoured and respected throughout the whole world, and sent the gospel into every land. yet those very men mr. storrs turner and other anti-opium fanatics would cover with obloquy, because, forsooth, some british merchants have been concerned in this perfectly justifiable indo-chinese opium trade. mr. turner in his book speaks of the chinese government as a paternal government, which, the moment it finds any practices on foot injurious to the people, at once takes steps to put them down. i tell you, as a fact, that a more corrupt government,[ ] so far at least as the judges and high mandarins downwards are concerned, never existed in the whole world. there is no such thing as justice to be had without paying for it; if it is not a misnomer to say so, for this so-called justice is bought and sold every day. corruption pervades the whole official class. i could detail facts as to the punishment of the innocent and the escape of the guilty, which came under my own observation, that would make one's flesh creep. this is why the chinese of hong kong respect so much the british government, whose rule is just and equitable. now there is another point which i wish more particularly to impress upon you, it is this: anyone hearing of the alleged dreadful effects upon the chinese of opium smoking, and our wicked conduct in forcing the drug upon them, and making them buy it whether they wish to do so or not, would think that these chinese were a simple, unsophisticated people, something like the natives of madagascar,--a people lately rescued from barbarism by missionaries; that they were a weak race, without mental stamina or strength of mind--a soft simple, easily-persuaded race. these are some more of the erroneous views which the anti-opium society tries to impress upon the public mind, and which its secretary, mr. storrs turner, in particular, artfully endeavours to inculcate. to prove that this is so, i have only to read you a passage from his work. but before doing so, let me assure you that there is not a more astute, active-minded, and knowing race of people under the sun than the chinese. for craft and subtlety i will back one of them against any european. at page you will read:-- more opium is consumed in china than in all the rest of the world, and nearly the whole of the opium imported into china is shipped from calcutta and bombay. the east and the west, england, india, and china, act and re-act upon each other through the medium of poppy-juice. simple mention of the relations which these three great countries bear to the drug is enough to show that a very grave question is involved in the trade. england is the grower, manufacturer, and seller; india furnishes the farm and the factory; china is buyer and consumer. the question which obviously arises is this, is it morally justifiable and politically expedient for the english nation to continue the production and sale of a drug so deleterious to its consumers? before, however, we enter upon a consideration of this question, we must explain how it has come to pass that the british nation has got into this unseemly position. otherwise, the fact that the british government is actually implicated in such a trade may well appear incredible. if, for instance, any minister could be shameless enough to suggest that england should embark on a vast scale into the business of distillers, and with national funds, by servants of government, under inspection and control of parliament, _produce and export annually ten or twenty millions' worth of gin and whisky to intoxicate the populous tribes of central africa, he would be greeted by a general outcry of indignation. yet the very thing which we scout as an imagination, we consent to as a reality._ we are maintaining our indian empire by our profits as wholesale dealers in an article which, to say the best of it, is as bad as gin. now, is that a fair parallel? is it honest or just to place the civilized, wise, and educated chinese in the same category with the barbarous natives of central africa? this, i assure you is but a fair specimen of the misleading character of mr. turner's book and an example of the teaching by which people are made the dupes of the anti-opium society. this is the language which mr. storrs turner applies to his country and countrymen to gratify himself and his fanatical followers. china, though a heathen, is a civilized nation. the civilization of the chinese does not date from yesterday. when england was inhabited by painted savages, china was a civilized and flourishing empire. when ancient greece was struggling into existence, china was a settled nation, with a religion and with laws and literature dating back to a period lost in the mist of ages. when alexander, miscalled the great, fancied he had conquered the world, and sighed that there was no other country to subdue, the mighty empire of china, with its teeming millions, and a civilization far superior, taken altogether, to any that he had yet known, was a flourishing nation, and happily far away from the assaults of him and his conquering force. five thousand years ago, as the rev. dr. legge, the professor of chinese at oxford, tells us, the chinese believed in one god and had, in fact, a theology and a system of ethics known now as confucianism, certainly superior to that of greece or rome. they had then and still have a written language of their own, in which the works of their sages and philosophers are recorded. there are books extant in that language for more than three thousand years ago. in a learned and very interesting book, written by dr. legge, entitled "the religions of china," it is shown that the chinese, not only of to-day, but of five thousand years ago, were a great nation. was it then, i again ask, honest or fair of the rev. storrs turner, who is himself no mean chinese scholar, to mislead his readers by making use of so forced and inapplicable a comparison? can there, in fact, be any analogy whatever between the indo-china opium trade, even supposing that the smoking of the drug were as deleterious to the system as is alleged, and sending whisky from england to the savages of central africa? no man could have known better than mr. turner that his simile was false and misleading, for he has lived in china for many years. an ordinary person reading that gentleman's book would swallow this simile as one precisely in point, and end by feeling horrified at the iniquities we were perpetrating in china, which is, no doubt, the exact result that he looked for. i recently met a lady with whom i had been in correspondence for some time on professional business. in the course of conversation we happened to speak about opium, and the moment the subject was mentioned she turned up her eyes in horror and declared that she was ashamed of her country for the wrong it was inflicting upon the natives of china. mr. turner's wonderful parallel between the civilized chinese and the african savages had plainly produced its desired effect upon her. i very soon, however, undeceived her on the point, as i have since had the pleasure of doing with many others labouring under the like delusions. i am sorry to say that it is with the gentler sex that our anti-opium fanatics make their most profitable converts. i honour those ladies for their fond delusion, which shows that their hearts are better than their heads; that their good intentions run in advance of them, and make them ready victims. well, well, i trust their charity will soon be diverted into worthier channels. unfortunately, the minds of many in england have become imbued with the same erroneous belief, which is entirely owing to the mischievous teaching of the anti-opium society, and to the powerful machinery that this society has available for disseminating its doctrines. i am sorry, indeed, to have to allude thus to mr. storrs turner and his book, for i respect him as a clergyman, a scholar, and a gentleman; but i cannot avoid doing so, for certain it is that if you mean to refute mahomedanism you cannot spare mahomed or the alkoran. i have already told you something as to the character of the chinese generally. i will now mention from authority some more specific characteristics of these people, because it is really important that you should thoroughly understand what manner of men these chinese are, for that is a matter going to the root of the whole question. if i show you, as i believe i shall be able to do most conclusively, that the chinese are as intelligent and as well able to take care of themselves as we are, with far more craft and subtlety than we possess, you will, i think, be slow to believe that they are silly enough to allow us to poison them with opium, as it is alleged we are doing. a stranger mixture of good and evil could hardly be met with than you will find in the chinese--crafty, over-reaching, mendacious beyond belief, double-dealing, distrustful, and suspicious even of their own relations and personal friends; self-opinionated, vain, conceited, arrogant, hypocritical, and deceitful. that is the character that i give you of them; but it is the worst side of their nature, for they have many redeeming qualities. i will now place before you their character from another and a more competent authority. the venble. john gray, d.d., was, until recently, for about twenty-five years, archdeacon of hong kong, but during the greater part, if not the whole of that time, he was the respected and faithful incumbent of the english church at canton, where he resided. now dr. gray, who is still in the prime of life, is a learned and able man; a keen observer of human nature; a sound, solid, sensible churchman, and so highly esteemed for his excellent qualities, that i do not think any englishman who ever lived in china has left a more honoured name behind him than he has. he mixed a great deal amongst the chinese as well as amongst his own countrymen. he also travelled much in china, and there really could not be found a more competent authority as to the character of the chinese people; and indeed as to all matters connected with china. in he published a valuable and trustworthy book.[ ] it is not the production of a person who has merely made a flying visit to china; but it is the work of an old and sagacious english resident in that country, a profound thinker and observer, of a man who has studied deeply and made himself thoroughly acquainted with his subject. he says, at p. , vol. i.:-- of the moral character of the people, who have multiplied until they are "as the sands upon the sea-shore," it is very difficult to speak justly. the moral character of the chinese is a book written in strange letters, which are more complex and difficult for one of another race, religion, and language to decipher than their own singularly compounded word-symbols. in the same individual virtues and vices apparently incompatible are placed side by side--meekness, gentleness, docility, industry, contentment, cheerfulness, obedience to superiors, dutifulness to parents, and reverence to the aged, are, in one and the same person, the companions of insincerity, lying, flattery, treachery, cruelty, jealousy, ingratitude, and distrust of others. this is the character which an english clergyman and scholar gives of the chinese. dr. gray was not a missionary, and it is to the missionary clergymen generally that the extraordinary and delusive statements respecting opium which i am combating are due; the reason for which i shall by and by give you. i hold these missionary gentlemen in the very highest respect. in their missionary labours they have my complete sympathy, and no person can possibly value them as such more than i do, nor be more ready than i am to bear testimony to the ability, piety, industry, and energy which they have always displayed. but they are not infallible, and when they forsake or neglect their sacred functions, and enter the arena of politics; when they cast aside the surplice and enter the lists as political gladiators, they are liable to meet with opponents who will accept their challenge and controvert their views, and have no right to complain if they now and then receive hard knocks in the encounter. they are enthusiastic in their sacred calling; but that fact, whilst it does them honour, shows that their extraordinary assertions as to the opium trade should be received with caution, if not distrust. they are the men who are responsible for the unfounded views which have got abroad on this question. now, is it not significant that dr. gray, whom the people of canton esteemed and respected more than any european who has lived amongst them, except, perhaps, the late sir brooke robertson (who was more chinese than the chinese themselves), should have said nothing against opium in that valuable and exhaustive work of his? is it not passing strange that this shrewd observer of men and manners, this intelligent english clergyman, who has passed all these years at canton, which, next to hong kong is the great emporium of opium in the south of china, should be silent upon the alleged iniquities that his countrymen are committing in that country? dr. gray is a patriotic english gentleman. can you suppose for a moment, that if we were demoralizing and ruining the people of the great city of canton, and above all, that we were impeding the progress of the gospel in china, that his voice would not be heard thundering against the iniquity? dr. gray is an earnest and eloquent preacher as well as an accomplished writer; yet his voice has been silent on this alleged national crime. is it to be thought that, if there were any truth in the outcry spread abroad by mr. storrs turner and the anti-opium society, he would have omitted to have enlarged upon the wickedness of the opium trade when writing this book upon china and the manners and customs of the chinese? is it not remarkable that he has said not a word about that wickedness, and that all these alleged evils arising from the trade are only conspicuous in his book by their absence? and here i would ask, is not the silence of dr. gray on this important opium question, under all the circumstances, just as eloquent a protest against the anti-opium agitation, as if he had given a whole chapter in his book denouncing the imposture? but to return to the character of the chinese. dr. wells williams, a missionary clergyman of the highest character, who, being a missionary, i need hardly say, does not hold the views that i do, has written another admirable book upon china.[ ] in it he has described the chinese character very fully. he first tells us, at page of the second volume, what one, tien kishi--a popular essayist--thinks of foreigners. "i felicitate myself," he says, "that i was born in china, and constantly think how different it would have been with me if i had been born beyond the seas in some remote part of the earth, where the people, far removed from the converting maxims of the ancient kings and ignorant of the domestic relations, are clothed with the leaves of plants, eat wood, dwell in the wilderness, and live in the holes of the earth. though born in the world in such a condition, i should not have been different from the beasts of the field. but now, happily, i have been born in the 'middle kingdom.' i have a house to live in, have food and drink and elegant furniture, have clothing and caps and infinite blessings--truly the highest felicity is mine." that is still the opinion of every chinaman respecting foreigners, save those at hong kong, shanghai, and the other treaty ports of china who, having intermixed with foreigners, have found that their preconceived notions respecting them were untrue, but they are but a handful, a drop in the ocean; yet these are the people who, it is said, at our bidding and instigation, are ruining their prospects and their health by smoking our opium. dr. williams further says of them, at page of the same volume:-- more ineradicable than the sins of the flesh is the falsity of the chinese and its attendant sin of base ingratitude. their disregard of truth has, perhaps, done more to lower their character in the eyes of christendom than any other fault. they feel no shame at being detected in a lie, though they have not gone quite so far as to know when they do lie, nor do they fear any punishment from the gods for it. every resident among them and all travellers declaim against their mendacity. i shall give you by-and-by instances--actual facts known to myself, to prove that every word dr. williams has said is true; and further, that the chinese will indulge in falsehood, not merely for gain or to carry out some corrupt purpose, but for the mere pleasure of romancing, or to gratify and oblige a friend. dr. williams then goes on to moralize, and admits that the chinese have a great many virtues as well as a great many very foul vices. unquestionably they have a great many virtues, aye, and virtues of sterling character, and amongst these are commercial honour and probity. for commercial instincts and habits i place them next to the british. in their affection for their parents, their attachment to the family homestead, their veneration for the aged and the virtuous, they surpass every other nation. these are not the class of men to allow themselves to be befooled with opium. another virtue they possess, and it is one very pertinent to the subject of this lecture, is abstemiousness; they are positively the most frugal, self-denying, and abstemious people on the face of the earth. not only are the chinese abstemious in their use of opium, but also as regards alcoholic liquors. it is not, i think, generally known that there is a species of spirit manufactured, and extensively used throughout china, commonly called by foreigners "sam-shu." it is very cheap, and there is no duty upon it in hong kong, nor is there any, i believe, in their own country. i suppose a pint bottle of it can be bought for a penny. it is a sort of whisky distilled from rice. the chinese use it habitually, especially after meals, and i do not think there is a single foreign resident of hong kong, or any of the treaty ports, who does not know this fact. the practice in china is, for the servants of europeans to go early to market each morning and bring home the provisions and other household necessaries required for the day's use. i have seen, in the case of my own servants, the bottle of sam-shu brought home morning after morning as regularly as their ordinary daily food. yet i never saw one of my servants drunk or under the influence of liquor. what is more than that, although sam-shu is so very cheap and plentiful, and is used throughout the whole of hong kong, i never saw a chinaman drunk, nor ever knew of one being brought up before the magistrate for intemperance. i cannot say the same thing of my own countrymen. does not that form the strongest possible evidence that the chinese are an extremely steady and abstemious race? yet these are the people whom mr. storrs turner would put in the same category as the savages of africa? well, then, is it likely that a people so abstemious in respect of spirit drinking would indulge to excess in opium, especially if the drug has the intoxicating and destructive qualities ascribed to it by the missionaries? the chinese, i have also said, are a very frugal people. six dollars, or about twenty-four shillings of our money, per month are considered splendid wages by a coolie. on two dollars a month he can live comfortably. he sends, perhaps, every month, one or two dollars to his parents or wife in his native village; for generally a chinaman, be he never so poor, has a wife, it being there a duty, if not an article of religion, for the males, to marry young. the remainder they hoard for a rainy day. now, i say again, if the chinese are such abstemious and frugal people, and that they are so is unquestionable, does not the same rule apply to opium as to spirits? the truth of the matter is, that it is a very inconsiderable number of those who smoke opium who indulge in it to any considerable extent--probably about one in five thousand. when a chinaman's day's work is over, and he feels fatigued or weary, he will, if he can afford it, take a whiff or two of the opium pipe, seldom more. if a friend drops in he will offer him a pipe, just as we would invite a friend to have a glass of sherry or a cigar. this use of the opium pipe does good rather than harm. those who indulge in it take their meals and sleep none the worse. the use of the pipe, indeed, wiles them from spirit drinking and other vicious habits. my own belief is that opium smoking exercises a beneficial influence upon those who habitually practise it, far more so than the indulgence in tobacco, which is simply a poisonous weed, having no curative properties whatever. i have seen here in england many a youth tremble and become completely unhinged by excessive smoking, so terrible is the effect of the unwholesome narcotic on the nervous system when it is indulged in to excess; indeed i have heard it often said that excessive indulgence in tobacco frequently produces softening of the brain: such a result has never proceeded from opium smoking. i have stated in my programme of these lectures that the views put forward by the "anglo-oriental society for the suppression of the opium trade" were based upon fallacies and false assumptions, which account for the many converts the advocates of that society have made. i have now to tell you what these fallacies and false assumptions are. in fact, these explain pretty clearly how it has come to pass that so many otherwise sensible, good, and benevolent people have been led astray on the opium question. the first of these fallacies is, _that the poppy is not indigenous to china, but has been recently introduced there, presumably by british agency_. the truth being that the poppy is indigenous to china, as it admittedly is to asia generally, and has been used in china for various purposes for thousands of years. the second is, _that opium smoking in china is now and always has been confined to a small per-centage of the population, but which, owing to the introduction into the country of indian opium, is rapidly increasing_. the fact being that the custom is, and for many centuries has been, general among the male adults throughout china, its use being limited only by the ability to procure the drug. the third is, _that opium smoking is injurious to the system, more so than spirit drinking_. the truth being that the former is not only harmless but beneficial to the system, unless when practised to an inordinate extent, which is wholly exceptional; whilst spirit drinking ruins the health, degrades the character, incites its victims to acts of violence, and destroys the prospects of everyone who indulges to excess in the practice. the fourth is, _that the supply of opium regulates the demand, and not the demand the supply_. when i come to consider this in detail, i think i shall rather surprise you by the statements in support of this extraordinary theory put forward by mr. storrs turner in this wonderful book of his. the use of so utterly untenable a proposition shows to what extremes fanatical enthusiasts will resort in support of the hobby they are riding to death; how desperate men, when advocating a hopeless cause, will grasp at shadows to support their theories. when such persons wish a certain state of things to be true and existing, they never stop to scrutinize the arguments they use in support of them. if mr. storrs turner had not opium on the brain to an alarming extent, and was writing by the light of reason and common sense, he would no more dream of putting forward such a theory than he would entertain the faintest hope of finding any person silly enough to believe in the doctrine. the fifth fallacy is, _that opium smoking and opium eating are equally hurtful_. the fact being that there is the widest difference in the world between the two practices, as i shall hereafter conclusively prove to you. upon this point, i may tell you, that mr. storrs turner, in the appendix to his book, gives numerous extracts from evidence taken on various occasions as to opium _eating_, which has no relevancy to opium smoking; not that i am even disposed to admit that even opium eating in moderation is a baneful practice, the medical evidence on the subject being at present very conflicting. and here i may appropriately say, that although an overdose of opium may cause death, the mere _smoking_ of the drug in any quantity will not do so. no case of poisoning by opium smoking has ever been reported or heard of; such a thing, in fact, is a physical impossibility. i daresay this may surprise some people, but it is, nevertheless, an irrefragable fact. the sixth is, _that all, or nearly all, who smoke opium are either inordinate smokers or are necessarily in the way of becoming so, and that once the custom has been commenced it cannot be dropped; but the victim to it is compelled to go on smoking the drug to his ultimate destruction_. that, i shall show you, upon the best evidence, is altogether untrue, thousands of chinese having been to my knowledge habitual and occasional opium smokers, who showed no ill effects whatever from the practice, which, by the way, is far more easily discontinued than the use of alcoholic liquors. the seventh is, _that the chinese government is, or ever was, anxious to put a stop to the custom, or even to check the use, of opium amongst the people of china_. this is one of the most ridiculous and unfounded notions that ever entered the mind of man. there is a saying that "none are so blind as those who will not see," and here, i shall show you, is the strongest proof of the adage. the eighth is, _that the british merchants in china are making large fortunes by opium_. the fact being that the indo-china trade is profitable to a very few merchants only, whilst the british merchants as a body have no interest in the trade whatever. this is a pet fallacy of mr. storrs turner, and he has shown throughout his book, and notably in his article in the "nineteenth century," a determination to make the most of it. he has evidently persuaded himself that some large english firms have made enormous fortunes by the drug, and he seems to have made up his mind never to forgive the enormity. the ninth is, _that the discontinuance of the supply of opium from british india would stop, or effectually check, the practice of opium smoking in china_. the fact being that the suppression of the present indo-china opium trade, if indeed it were possible to suppress it, would have precisely the contrary effect. i shall prove to you clearly, that if the indo-china opium trade, as at present carried on, were put an end to, such an impetus would be given to the importation of opium into china as would enormously add to the consumption of the drug, and that then british and other merchants who have now no dealings in opium, would in such case become largely engaged in the trade; whilst opium smuggling, the cause of so much strife and unpleasantness in past times, would again become general upon the coast of china. the tenth is, _that the opposition of chinese officials to the introduction of opium into china arose from moral causes_. the fact being, as every sane man acquainted with china knows, that the true reason for such opposition was a desire to protect and promote the culture of native opium to keep out the foreign drug, and thus prevent the bullion payable for the latter from leaving the country. last, but by no means least, is the fallacy and fond delusion, _that the introduction of indian opium into china has arrested and is impeding the progress of christianity in that country, and that if the trade were discontinued, the chinese, or large numbers of them, would embrace the gospel_. the fact being, that opium smoking has had nothing whatever to do with the propagation of christianity in china, any more than rice or manchester goods, as i confidently undertake to show you when i come to deal more fully with this outrageous fallacy. i will only now observe that it is a remarkable fact, that while china is covered with a network of roman catholic missionaries, some of whom i had the pleasure of knowing quite intimately, i have never heard of a similar complaint having been made by any of them, but, on the contrary, have always known them to speak triumphantly of their great success in their missionary labours; but then it must be remembered that these roman catholic missionaries, greatly to their credit, throw their whole soul into their work, and devote their whole time to their missionary labours, never mixing in politics or interfering with matters of state. these are the figments which have got hold of the anti-opium mind, from which has sprung the monstrosity put forward by the anti-opium society. i shall, in future lectures, return to these fallacies, and dispose of each in turn. i will close this lecture by giving you the testimony of a very high and entirely impartial authority as to the innocuous effects of opium, which strongly confirms all that i have already stated. the late john crawfurd, f.r.s., was a _savant_ of high reputation in england, throughout the east, and, i believe, in europe. he was the contemporary and intimate friend of the late sir benjamin brodie, the eminent surgeon. mr. crawfurd had, previous to , been governor of the three settlements of singapore, penang, and malacca. he resided for a great number of years in the far east, studying there the country and people; he visited siam, java, borneo, and the phillipine islands, making himself thoroughly acquainted with those places, the malay peninsula, and various other countries in the indian ocean and china sea. in he published, in london, "a history of the indian archipelago" (then comparatively but seldom visited by, and less known to, europeans), a work, i understand, of considerable merit. thirty-six years afterwards, that is, in the year , having during the interval spent seven years in travelling through india and otherwise making himself perfectly acquainted with his subject, he published "a dictionary of the indian islands and adjacent countries." the book was brought out in london by the well-known firm of bradbury and evans, and i have it now before me. it was lent to me by a friend since the first edition of these lectures was published. it is an interesting and valuable volume, affording abundant evidence of the learning, research, vast information and talents, and the studious and energetic character of the writer. the book was published many years before this wonderful confederation "the anglo-oriental society for the suppression of the opium trade" sprang into existence, and, indeed, before there was any considerable controversy upon the opium question. the opinions of this eminent man on the subject of opium should, therefore, be viewed as wholly unbiassed, for it is certain that he had no selfish ends to gratify. turning to the word "opium" at page , we find the following:-- opium is at present largely consumed in the malayan islands, in china, in the indo-chinese countries, and in a few parts of hindustan, much in the same way in which wine, ardent spirits, malt liquor, and cider are consumed in europe. its deleterious character has been much insisted on, but generally, by parties _who have had no experience of its effects_. like any other narcotic or stimulant, the habitual use of it is amenable to abuse, and as being more seductive than other stimulants, perhaps more so; but this is certainly the utmost that can be safely charged to it. thousands consume it without any pernicious result, as thousands do wine and spirits, without any evil consequence. i know of no person of long experience and competent judgment who has not come to this common-sense conclusion. dr. oxley, a physician and a naturalist of eminence, and who has had a longer experience than any other man of singapore, where there is the highest rate of consumption of the drug, gives the following opinion:--"the inordinate use, or rather abuse, of the drug most decidedly does bring on early decrepitude, loss of appetite, and a morbid state of all the secretions; but i have seen a man who had used the drug for fifty years in moderation, without any evil effects; and one man i recollect in malacca who had so used it was upwards of eighty. several in the habit of smoking it have assured me that, in moderation, it neither impaired the functions nor shortened life; at the same time fully admitting the deleterious effects of too much." there is not a word of this that would not be equally true of the use and abuse of ardent spirit, wine, and, perhaps, even tobacco. the historian of sumatra, whose experience and good sense cannot be questioned, came early to the very same conclusion. the superior curative virtues of opium over any other stimulant are undeniable, and the question of its superiority over ardent spirits appears to me to have been for ever set at rest by the high authority of my friend sir benjamin brodie. "the effect of opium, when taken into the stomach," says this distinguished philosopher, "is not to stimulate but to soothe the nervous system. it may be otherwise in some instances, but these are rare exceptions to the general rule. the opium eater is, in a passive state, satisfied with his own dreamy condition while under the influence of the drug. he is useless but not mischievous. it is quite otherwise with alcoholic liquors."--"psychological inquiries," p. . it may be worth while to show what is really the relative consumption in those countries in which its use is alleged to be most pernicious. in the british settlement of singapore, owing to the high rate of wages, and the prevalence of a chinese population, the consumption is at the rate of about three hundred and thirty grains, or adult doses, a year for each person. in java, where the chinese do not compose above one in a hundred of the population, and where wages are comparatively low, it does not exceed forty grains. even in china itself, where the consumption is supposed to be so large, it is no more than one hundred and forty grains, chiefly _owing to the poverty of the people, to whom it is for the most part inaccessible_. it must not be forgotten, that some of the deleterious qualities of opium are considerably abated, in all the countries in question, by the manner in which it is prepared for use, _which consists in reducing it to a kind of morphine and inhaling its fumes in this state_. moreover, everywhere consumption is restricted by heavy taxation. the opium of india pays, in the first instance, a tax which amounts to three millions sterling. the same opium in singapore, with a population of sixty thousand, pays another impost of thirty thousand pounds; and, in java, with a population of ten millions, one of eight hundred thousand pounds. _not the use, then, but the abuse, of opium is prejudicial to health_; but in this respect it does not materially differ from wine, distilled spirits, malt liquor, or hemp juice. there may be shades of difference in the abuse of all these commodities, but they are not easily determined, and, perhaps, hardly worth attempting to appreciate. there is nothing mysterious about the intoxication produced by ordinary stimulants, because we are familiar with it; but it is otherwise with that resulting from opium, to which we are strangers. we have generally only our imaginations to guide us with the last, and we associate it with deeds of desperation and murder; _the disposition to commit which, were the drug ever had recourse to on such occasions, which it never is, it would surely allay and not stimulate_. lecture ii. i closed my first lecture with a list of fallacies, upon which the objections to the indo-china opium trade, and the charges brought against england in relation to that trade, are founded, stating that i should return to them and dispose of each separately. i also said in the earlier part of my lecture, that the extraordinary hallucinations which had taken hold of the public mind, with respect to opium smoking in china, arose, amongst other causes, from the fact that the public had formed their opinions from hearsay evidence, and that of the very worst and most untrustworthy kind. i say untrustworthy because hearsay evidence, although in general inadmissible in our law courts, may be in some cases very good and reliable evidence. as this point goes to the root of all these fallacies and false assertions, and the delusions based upon them, i wish to show you why hearsay evidence is, in this case, of the worst and most unreliable kind. in the first instance, i would refer you to the general character of the chinese for mendacity and deceit, admitted by all writers upon the subject of china and the chinese, and supported by the general opinion of europeans who have dwelt amongst them. now, i am far from saying that every chinaman is necessarily a liar, or habitually tells untruths for corrupt purposes. the point is, rather, that the chinese do not understand truth in the sense that we do. the evidence of chinese witnesses in courts of justice is notorious for its untrustworthy character. the judges are not generally contented with the direct and cross-examination to which witnesses are ordinarily subjected by counsel, but frequently themselves put them under a searching examination, and generally require more evidence in the case of chinese than they would if europeans were alone concerned. from my acquaintance of the chinese i can say that they are a very good-natured people, especially when good-nature does not cost them much; but they are also a very vindictive people, as, i suppose, most heathen nations are. i have known cases where, to gratify private malice, or to obtain some object, the reason for which would be hard for us to appreciate, a chinaman has got up a charge without foundation in fact, but supported by false witnesses, who were so well drilled and had so thoroughly rehearsed their parts that it was hard to doubt, and almost impossible to disprove, the accusation. by such means innocent men have been condemned and sentenced to severe punishments, or been unjustly compelled to pay large sums of money. i have, on the other hand, known cases which, according to the evidence brought before me, appeared perfectly clear and good in law; but on taking each witness quietly into my own office, and going through his evidence, the whole fabric would tumble down like a pack of cards; so that, although my client's case might still be intrinsically good, the witnesses he brought in support of it knew nothing about it beyond what they had heard from others. it would turn out that they had been told this by one person, that by another, and so on, throughout the series of witnesses, not one of them would have any actual knowledge of the alleged facts. in cases like these there would probably be no corrupt motive whatever. while upon this point i may allude to another peculiar phase in the chinese character. they are so addicted to falsehood that they will embellish truth, even in cases where they have the facts on their own side. on such occasions they like to add to their story a fringe of falsehood, thinking, perhaps, that by doing so, they will make the truth stand out in brighter colours and appear more favourable in the eyes of the court and the jury. another chinese peculiarity is the following:--if you put leading questions to a chinaman upon any particular subject, that is to say, if you interrogate him upon a point, and by your mode of doing so induce him to think that you are desirous of getting one particular kind of answer, he gives you that answer accordingly, out of mere good-nature. in these instances his imagination is wonderfully fertile. the moment he finds his replies afford pleasure, and that there is an object in view, he will give his questioner as much information of this kind as he likes. not only is this the case with the common people, corresponding to the working or the labouring classes here, but the habit really pervades the highest ranks of chinese society. it is mentioned in dr. williams's work, how the chinese as a people think it no shame in being detected in a falsehood. it is very hard to understand, especially for an englishman, such moral obtuseness. we are so accustomed to consider truth in the first place, and to look upon perjury and falsehood with abhorrence, that it may seem almost like romancing to gravely assure you of these facts. if i relate a few short anecdotes which are absolutely true, and in which i was personally concerned, i may put the matter more clearly before you. a chinese merchant, now in hong kong, once instructed me to prosecute a claim against a ship-master for short delivery of cargo, and from the documents he gave me, and the witnesses he produced, i had no hesitation in pronouncing his case a good one, although i knew the man was untruthful. when we came into court, knowing my client's proclivities, my only fear was that he would not be content with simply telling the truth, but would so embellish it with falsehood that the judge would not believe his story. i therefore not only cautioned him myself in "pidgin english," but instructed my chinese clerk and interpreter to do so also. my last words to him on going into court were, "now mind you talkee true. suppose you talkee true you win your case. suppose you talkee lie you losee." the man went into the witness-box, and i am bound to say that on that occasion he did tell the truth, and nothing but the truth, but i could plainly see by his manner and bearing that the task was a most irksome one. when he left the box, after cross-examination, i felt greatly relieved. the defendant, who, i am glad to say, was not an englishman, although he commanded a british ship, told falsehood after falsehood. there could be no doubt about this, and the judge, mr. snowden, the present puisne judge of hong kong, at last ordered him to leave the box, and gave judgment for my client. notwithstanding this satisfactory result, i saw that the plaintiff was still dissatisfied. i left the court and he followed me out. he still seemed discontented, and had the air of an injured man. when we got clear of the court he actually assailed me for having closed his mouth and deprived him of the luxury of telling untruths. "what for," said he, "you say my no talkee lie? that man have talkee plenty lie." i replied, "oh, that man have losee; you have won." but with anger in his countenance, he walked sullenly away. now i will tell you another--and a totally different case. the judge on this occasion was the late sir john smale, chief justice of hong kong. it was an action brought by a chinese merchant, carrying on business in cochin china, against his agent in hong kong, a countryman of his, who had not accounted for goods consigned to him for sale. the plaintiff put his case in my hands. when it came into court the defendant was supported by witnesses who seemed to have no connection whatever with the subject-matter of the suit. they, however, swore most recklessly. in cross-examination one of the witnesses completely broke down. the chief justice then stopped the case, and characterized the defendant's conduct "as the grossest attempt at fraud he had ever met with since he had come to china," and, under the special powers he possessed, sent the false witness to gaol for six weeks. the person so punished for perjury proved to be what we would call a master of arts. he was, in fact, an expectant mandarin, ranking very high in china. i should tell you that in that country there is no regular hereditary nobility, nor any aristocracy save the mandarin or official class. the fact is, and in view of mr. storrs turner's comparison of the chinese with the savages of central africa, i may here mention it, that in china--where these simple, innocent "aborigines," as it suits the anti-opium advocates to treat them, flourish--education is the sole criterion of rank and precedence. they have a competitive system there, which is undoubtedly the oldest in the world. this man, as i said, was a master of arts, and would, in regular course, have been appointed to an important official post and taken rank as a mandarin. he was, i believe, at the time of his sentence, one of the regular examiners at the competitive examinations of young men seeking for employment in the civil service of the empire. when the case ended, i dismissed it from my mind. but, to my great surprise, six or seven of the leading chinamen of hong kong waited upon me on the following day, and implored of me to get this man out of gaol. they declared that the whole chinese community of hong kong felt degraded at having one of their superior order, a learned master of arts, consigned to a foreign prison. they assured me that this was the greatest indignity that could have been offered to the chinese people. i replied that the fact of the prisoner being a man of education only aggravated his offence, that he had deliberately perjured himself in order to cheat my client, and that the foreign community considered his punishment far too lenient, for had he been a foreigner he would have got a far more severe punishment. but they could not see the matter in that light, and went away dissatisfied. they afterwards presented a petition to the governor, praying for the man's release, but without success. my object in narrating this to you is to show the utter contempt which the chinese, not only of the lower orders, but of the better class, have for the truth. i could supplement these cases by many others, all showing that the chinese do not regard the difference between truth and falsehood in the sense that we do. to illustrate more clearly what i have told you, i will read to you a short passage from a leading article in the "china mail," a daily newspaper published in hong kong. the date of the paper is the rd of october . the editor is a gentleman who has been out there for twenty years; he is a man of considerable ability and knows the chinese character perfectly, and i may also mention that he is a near relative of mr. storrs turner. this is what he says:-- the question of the reliability of chinese witnesses is one which is continually presenting itself to all who have anything to do with judicial proceedings in this colony, and as jurors are usually saddled with the responsibility of deciding how far such evidence is to be credited in most serious cases, the subject is one which appeals to a large body of residents. an eminent local authority, some time since, gave it as his opinion that he did not think a chinese witness could give accurate evidence, even if the precise truth would best suit his purpose. this is doubtless true to some extent, and it bears directly on one phase of the discussion, viz. that of reliableness, so far as strict accuracy of detail is concerned. but a witness may be regarded as the witness of truth although he fails in that extremely precise or accurate narration of facts and details which goes so far to strengthen truthful testimony. what is meant here by reliability of witnesses, however, is their desire to tell what they _believe_ to be the truth. it has been somewhere said, by one of authority on chinese matters, that it is not particularly surprising that the chinese, as a people, are so widely known as economisers of the truth, when their system of government is carefully considered. for a chinaman, life assumes so many phases, in which a good round lie becomes a valuable commodity, that the only surprise remaining is, that he is ever known to tell the truth. that is exactly what i have already said. it would occupy too much time to read the rest of the article, which is ably written, but the portion i have quoted tends to show the unreliability of chinese witnesses, even in a solemn court of justice. now, i think, i have shown you that our celestial friends present rather an unpromising raw material from which to extract the truth. yet these are the men from whom the missionaries derive their information as to those wonderful consequences from opium smoking which, the more greedily swallowed, are the more liberally supplied, thus affording an illustration of mr. storrs turner's extraordinary theory of supply and demand, of which i shall have to speak more by and by. having exhibited to you the well of truth from which credible evidence is sought to be obtained, i have now to turn to the other side of the question and describe the character and competence of those who draw their facts from that source, and from whom the general public have mainly derived their knowledge of opium and opium smoking. as regards the missionaries, i have stated already that i hold them in the very highest respect, and they are well deserving of it, and, indeed, of the consideration of the whole community. were i to state anything to their prejudice or disadvantage, further than what i assert as to their fallacious views and unjustifiable conduct on the opium question, i should certainly be speaking without warrant; for a more respectable, hard-working, or conscientious body of gentlemen it would be difficult to find. perhaps they are the hardest worked and worst paid class of any foreigners in china. they have a work to perform, the difficulty of which is but partially understood in this country; that is, the task of converting to christianity these heathen people, who think confucianism and the other religions engrafted upon it which they follow, and which seem to suit their temperament, immeasurably superior to ours; who point to our prophets and sages as men of yesterday, and look with comparative contempt upon our literature, laws, and customs. the real difficulty of the situation lies in these facts; believe me, that it is as absurd as it is untrue to say that opium has had anything to do with the slow progress of christianity in china. missionary clergymen in china are really not the best men to get at the facts of the opium question. if a foreigner, here in england, were to ask me in which quarter he would be likely to obtain the best information regarding the manners and customs of the english people, i should certainly advise him to get introductions to some of our working clergy of all denominations, because they are the people's trusted friends and advisers, sharing in their joys and sympathizing in their sorrows, their wants and necessities. they are educated and matter-of-fact men, just the class of persons to afford sound and accurate information as to the country and people. this, i believe, will be generally admitted. the same rule would not apply to our missionary clergymen in china; for they, unlike our clergy at home, are not the trusted friends and advisers of the chinese people, and, knowing really very little of the inner life of the people, cannot be said to sympathize in their wants and necessities. no doubt there have been some admirable books written on china by missionary clergymen, such as the "middle kingdom," from which i have already quoted, and dr. doolittle's work; but everyone who has lived long in china takes all their statements on every point affecting their missionary labours, and upon many other matters also, _cum grano_. so far as the manners and customs of the chinese can be understood from their outdoor life, literature, and laws, they are competent judges enough; but as they are not admitted into chinese society, and do not possess the confidence of the people, they cannot be accepted as authorities on the inner social life of the natives, so far as regards opium-smoking. they have not at all the same status as regards the chinese that english clergymen have in respect to their own countrymen here in england; and if a friend were to put such a question to me respecting china and the chinese, the last people i would refer him to for information would be the missionary clergymen. these missionary gentlemen, if they were at home in england, would, no doubt, have their livings and vicarages, and would take their place with the regular clergy of the country. but in china things are totally different. there the people not only despise them, but laugh at the creed they are trying to teach. the simplicity of the gospel is too cold for them. teeming with the marvellous as their own religions do, no other creed seems acceptable to them that does not deal in startling miracles and offer a continuous supply of supernatural feats. anyone who reads dr. legge's book, on the religions of china, will see this at once. the chinese have an accepted belief three or four thousand years older than christianity, and they are well aware of the fact. despising europeans, as they do, and looking upon themselves as a superior race, it is not likely that the chinese will take missionary clergymen into their confidence, or afford them any trustworthy information about private or personal matters. in short, there is no cordiality between the chinese and the missionaries. still our chinese friends are a very polite people, and no doubt they are and will continue to be outwardly very civil to missionaries, and, although they may consider them impudent intruders, will give courteous answers to their questions; but it does not follow that they will give _true_ answers. a respectable chinaman, such as a merchant, a shopkeeper, or an artizan, would consider himself disgraced among his own community if it were known that he had embraced christianity, or even entertained the thought of doing so. i do not think that, long as i was in china, i had a single regular chinese client who was a christian. all my native clients--merchants, shopkeepers, clerks, artizans, and coolies, and i have had professional dealings with thousands of them--were heathens. in very rare instances chinese professing christianity will be found holding respectable positions; but, i regret to say, i do not believe that any of such people are sincere. i had myself a clerk in my office for about twelve years; he was a young man educated at st. paul's college, in hong kong. the college is now closed, but when in existence the pupils there got an excellent education, and were also well clothed and fed. they were not only taught chinese, as is the case in chinese schools, but also to read and speak english well. when he went to the school he was not more than seven or eight years old, and left it probably when he was fourteen or fifteen. he was an excellent clerk, a highly intelligent young fellow, and wrote and spoke english well. now, if ever there were a case where a lad might be expected to be a sincere convert this was the one. he had been strictly brought up as a christian, went to church, and read the bible regularly, and, indeed, was far more kindly treated in the college than english lads are in many schools in this country. even that boy was not a sincere convert. when about eighteen years of age he got married, as is the custom with the youth of china. on informing me of his intention, he asked me to procure from the superintendent of police the privilege of having "fire crackers" at his wedding, a heathen custom, supposed to drive away evil spirits. i reminded him that i had always believed him a christian; when he said, "oh! it's a chinese custom." however, i got him the privilege. but instead of being solemnized in the church, which he had been in the habit of attending when a pupil in st. paul's college, according to the rites of the church of england, his marriage ceremony was celebrated in chinese fashion, a primitive proceeding, and certainly heathen in its form. he never went near the church at all. a few days afterwards i remarked to him that he had not been married in the church. he laughed, and said, "that as he and his wife were chinese they could only be married according to chinese custom." let me give another story in point. i knew a man in hong kong who, owing to the difficulty of finding suitable natives who understood english, was for a long time the only chinese on the jury list. he spoke english fairly well. he was educated at a school presided over by the late rev. dr. morrison, the learned sinologue, who had lived in hong kong before my time. his school was an excellent one, and had turned out some very good scholars. i have seen this man go into the jury-box, and often too, into the witness-box, and take the bible in his hand and kiss it ostentatiously. i used to think he was a sincere christian, and was glad to see so respectable a chinaman (for he held a responsible position in a bank) acknowledge in public that he was a christian. but that man, i afterwards discovered from the best possible authority, was at heart a heathen; he always had idols, or, as we call them, "josses," in his house. he also was a christian in name, and nothing more. there was another man educated in dr. morrison's school. dr. legge knew him very well, and was a sort of patron of his. i suppose it is pretty well known that polygamy is a custom in china, and that it is quite an exception for a chinese in any decent position there not to have three, four, or more wives; the more he has the greater his consequence among his countrymen. this man, as a matter of fact, had three wives, and when his so-called first wife died, he was in a great fright lest dr. legge should discover that he had two more wives, for it is customary that the other wives should attend the funeral of the first as mourners. now these are the sort of converts, for the most part, to be met with in china. as a rule, they are far less honest and more untruthful than their heathen countrymen, and many europeans in consequence will not take converts into their service. in proof of this statement i will here give you an extract from a very able article which appeared in the "hong kong daily press," an old and well conducted newspaper, of the st october . this is it:-- they [the missionaries] secure some adherence to the christian religion, no doubt, but what is the value of the christianity? it possesses, so far as we have been able to judge, neither stamina nor backbone. foreigners at hong kong, and at the treaty ports, fight shy of christian servants, a very general impression existing that they are less reliable than their heathen fellows; and with regard to the christians in their own villages and towns, there is always a suspicion of interested motives. are these chinese converts the class of the chinese from which truth is to be gleaned? is the testimony of such people of the slightest value? yet these are the persons from whom the missionaries derive their knowledge of opium smoking and its alleged baneful effects. i venture to say that among all the so-called christian converts in china you will not find five per cent. who are really sincere--all the rest profess christianity to obtain some personal advantage. these so-called converts are generally people from the humblest classes, because, as i have mentioned, people of the better class, such as merchants, shopkeepers, and tradesmen, not only consider their own religion superior to the christian's creed, but they would be ashamed to adopt christianity, as they would thus be disgraced and make themselves appear ridiculous in the eyes of their neighbours; and they are a people peculiarly sensitive to ridicule. i will not say that there are not some true converts to be found among chinese congregations; if there are none, the missionary clergymen are certainly not to blame, for they are indefatigable in their exertions to make converts, proving also by their blameless lives the sincerity of their professions. as i have said, the difficulty attending their efforts is enormous. it must be remembered that in china we are not teaching christianity to the poor african, or the semi-civilised native of madagascar or the fiji islands; but that we are dealing with civilized men, who consider their own country and literature, customs and religion, far superior to those of england or of any other country in the world. the chinese are so convinced of this, that the very coolies in the streets consider themselves the superiors of the foreign ladies and gentlemen that pass, or whom, perhaps, they are carrying in their sedan chairs. i hold the missionaries altogether responsible for the hallucination that has taken possession of the public mind on the opium question. with the bible they revere in their hands, they think the chinese should eagerly embrace the doctrine it inculcates, and, unable to account for their failure, they readily accept the subterfuge offered by certain chinese for not accepting christianity or attending to their teaching. they feel that it is, or may be, expected of them in this country, that they should have large congregations of native proselytes, such as, i believe, the missionaries have in madagascar, and in like places, forgetting that no parallel can be drawn between such races and the chinese. the protestant missionary clergymen in china are, not unnaturally, anxious to account for their supposed failure in that large and heathen country. they would not be human if they were not. the better class of chinese, as i have said, will not listen to a missionary, or argue with him. they do not want to hear lectures on christianity, and grow impatient at any disparaging remark about their own religion. they simply say, "we have a religion that is better than yours, and we mean to stick to it." the missionaries, however, think they ought to have better success. they are, no doubt, indefatigable in their labours, and as they do not meet with the results that ought, they consider, to follow from their labours, and as their sanguine minds cling to any semblance of excuse for their shortcomings, they accept the stale and miserable subterfuge, to the use of which their converts are prompted by the mandarins, that the indo-china opium trade is vicious, and that before christianity is accepted by the country, the trade in question must be abolished. this transparent evasion of the chinese appears to me to bear too strong a family likeness to the famous "confidence trick," with which the police reports now and then make us acquainted, to be entertained for a moment. the chinese, knowing the weakness of the missionaries, play upon it; and one of the best instances i can give you that they are successful is this:--they tell them that the chinese government objects to the opium trade upon moral grounds; but it never occurs to the missionaries to retort and say, "if so, why does your government not prevent the cultivation of opium throughout china? in the provinces of yunnan and szechuen, and all over the empire, indeed, enormous crops of opium are raised every year; why does not your government, knowing, as you say, that the effects of opium are so fatal, put a stop to the growth of the deleterious drug?" this question would prove rather a difficult one to answer, though the mandarins, skilful casuists as they are, would no doubt invent some specious one which might impose upon their interrogators. the mental vision of our missionary friends is so limited to one side only of the question, that even here they might be taken in by the astute natives. it is only of late that the chinese government has taken up the moral objection, and the reason, i believe, it has done so is because it has found out the weak side of the missionaries, probably through _the friend of china_, published at shanghai. when it is taken into account that of late years the average quantity of indian opium imported into china is about one hundred thousand chests, each of which, for all practical purposes, may be called a hundredweight, and that the price of each of these chests landed in china is about seven hundred dollars, and that the whole works up to something like sixteen millions sterling, the strong objection of the mandarin classes to allow such a large amount of specie to leave the country becomes intelligible. rapacious plunderers as they are, they see their prey escaping them before their very eyes, and are powerless to snatch it back. these sixteen millions, they think, would be all fair game for "squeezing" if we could only keep them at home. for although china is an immense empire, with great natural resources, it is still a poor country as regards the precious metals. no doubt an economist would tell these mandarins: "it is true we sell you all this opium, but then we give you back again all the money you pay for it, with a great deal more besides, for the purchase of your tea and silk." but a mandarin would only laugh at such an argument. "ah," he would say, "you must have tea and silk in any case; you can't do without them. we want to get hold of your silver and give you none of ours in return." that is the true cause, or one of the true causes, of the objection of the government of china to the importation into that country of indian opium. the missionaries, or at all events the greater number of them, have adopted the view, that if they could only put a stop to the importation of indian opium into china the evangelization of the country would be a question of time only; and in one sense, indeed, this would be true; but the time would not be near, but very distant. the chinese have a keen sense of humour, and if the british would allow themselves to be cajoled by the specious arguments with which the religious world here is constantly regaled about the opium question, so far as to put a stop to the traffic, such a feeling of contempt for english common sense, and in consequence for the religion of englishmen, would ensue, that the spread of the gospel in china would be greatly retarded indeed. the truth about opium is so clear to those who trust to the evidence of their senses, and who look at facts from a plain common sense point of view, that they cannot for a moment see that there is any connection whatever between opium and christianity. it seems to me that those gentlemen who adopt the anti-opium doctrine, and scatter it abroad, are only comparable to the monomaniac, who, sane upon every subject but one, is thoroughly daft upon that. no better example of this can i give you than by referring to a speech made by a gentleman deservedly respected by the community, whom i have always considered as one of the hardest-headed men sitting in the house of commons, possessing sound common sense upon all subjects save that of opium. i refer to sir j. w. pease, the member for south durham. in the year the usual anti-opium debate came on in the house of commons. sir j. w. pease delivered a speech on the occasion denunciatory of the indo-china trade, in the course of which he referred to the treaty recently made between china and america, one of the clauses of which provides that american ships shall not import opium into china, and that no chinaman shall be allowed to import opium into america, where there is a large chinese population, especially in san francisco. the treaty relates to other matters, and this clause is, so to speak, interpolated into it, for a purpose i shall now explain. it was intended to appear as a sort of _quid pro quo_, for whilst america, in fact, gave up nothing, though she affected to do so, she obtained some commercial advantages by the treaty. this is the clause:-- the governments of china and of the united states mutually agree and undertake that chinese subjects shall not be permitted to import opium into any of the ports of the united states; and citizens of the united states shall not be permitted to import opium into any of the open ports of china. this absolute prohibition, which extends to vessels owned by the citizens or subjects of either power, to foreign vessels employed by them or to vessels owned by the citizens or subjects of either power, and employed by other persons for transportation of opium, shall be enforced by appropriate legislation on the part of china and the united states, and the benefits of the favoured claims in existing treaties shall not be claimed by the citizens or subjects of either power as against the provisions of this article. i happened to be weather-bound in rome when i first read, in a hong kong paper, that amusing and deceptive treaty, which was made in . knowing thoroughly the situation, and all the facts connected with the indo-china opium trade, i undertake to assure you that so far, at least, as regards this opium clause, that treaty was simply a farce. with the single exception of a line of mail packet steamers between hong kong and san francisco, america has few or no steamers trading in the china seas. she has protected her mercantile marine so well that she has now very little occasion for exercising her protection. she has no vessels trading between india and china, and never has had any, and, as a matter of fact, no american ships carry one ounce of opium between india or china, or to the port of hong kong, or have carried it for many years, if, indeed, any american vessel has ever done so. nor is there, indeed, at present the slightest probability that her ships will ever convey opium between india and china. america, in fact, might, with as much self-denial, have undertaken not to carry coals to newcastle as indian opium to china. there are regular lines of british steamers plying between the ports of bombay, calcutta, and hong kong, by which all indian opium for the china trade is carried direct to its destination. i declare that anything more absurd, deceptive, and dishonest never formed the subject of an international treaty. the whole affair was so utterly false and misleading that the first thing i did after reading the treaty was to cut it out from the newspaper and forward it, with an explanatory letter, to the "times," the usual refuge of the aggrieved briton. this deceptive clause was intended simply to mislead the simple, benevolent, good-natured john bull, already, as the framers of the treaty no doubt supposed, half-crazed on the anti-opium movement. a better specimen of american smartness and chinese astuteness could hardly be conceived than this crafty and fallacious clause. america has no opium to sell or import, and can, therefore, afford to be extremely generous on the point. it is just possible, however, that at a future day opium may be produced in the south-western states, in which case the american government--i will not say the american people, for i hold _them_ in great respect--will endeavour to wriggle out of this precious treaty, just as they are now trying to do as regards the panama convention with this country, when the possibility that gave rise to it is likely to become a reality. the stipulation that chinese subjects should not be permitted to import opium into any of the ports of the united states is of course absolute nonsense. if the american government had really intended to prohibit opium from being imported from china, or elsewhere, into their country they should not have confined the prohibition to chinese subjects, but have extended it to all nationalities; in fact, to have made opium, save for medical purposes, contraband. to explain this point more clearly, you will remember what i have mentioned before, that the exclusive right to manufacture crude opium into the form used for smoking, called in china "prepared opium," is farmed out. the present farmer pays the government of hong kong two hundred and five thousand dollars, or forty thousand pounds a year for the monopoly. the reason why he pays so large a sum for this privilege is because of the facilities it affords him for exporting it to other places, and not merely to get the exclusive right of preparing and selling the drug in hong kong, for if that were all the benefit to be derived from the monopoly he would not give so large a rent for it. the greater source of profit arises from the circumstance that the chinese must have the beloved stimulant wherever they roam. if you go to australia, the philippine islands, the straits, borneo, or the town of saigon in french cochin china, or wherever else dollars are to be made, you will find chinese in abundance. go to the south seas, go to the sandwich or the fiji islands, you will discover the chinese happy and prosperous, and you will always see in their houses the opium pipe. the advantage of having the exclusive privilege in hong kong of preparing and selling opium consists in this, that it is the terminus of an american line of steamers which ply between that port and san francisco. it is also the port from which british lines of steamers run to australia, tasmania, and new zealand. these packets always take with them consignments of prepared opium ready for smoking, because at these places there are large and well-to-do chinese communities who can afford to indulge in the national luxury of opium smoking. i have already told you that i was for about ten years solicitor for that opium firm, and i happen to know a great deal about the prepared opium trade through that medium. the chinese in california, where there is an immense number of those people, do not consume less, i should say, in the course of a year than one hundred thousand pounds worth of prepared opium. as is the case in hong kong, the chinese have better means to buy the drug there than they would have at home. they get high wages, keep shops, are excellent tradesmen, and can live and make money where a european would starve. they are all, in fact, well-to-do, and wherever a chinaman has the money he must have his opium pipe. therefore the privilege of supplying the chinese in california, australia, new zealand, and tasmania, and in the south sea islands, where are large china colonies, is enjoyed by the opium farmer of hong kong, because he has the means of shipping the drug by steamers direct to those places, thus out-distancing all other competitors. this trade, notwithstanding that wonderful treaty, is still going on, and not one ounce of opium less than was shipped before its ratification is now being carried to san francisco, and in american bottoms too, for the treaty only says that no _chinaman_ shall import opium into america; there is no prohibition against americans or europeans doing so. what the opium farmer now does, if indeed he has not always done so, is to get an american or other merchant in hong kong to ship the drug for him in his own name, handing him, the opium farmer, the bill of lading. the opium is accordingly shipped in the name of brown, jones, or robinson, and on its arrival at san francisco the opium farmer's consignee takes possession of it, and it is distributed by him among his countrymen in that flourishing city. if sir j. w. pease were not an enthusiast, ready to swallow without hesitation everything which seems to tell against the opium traffic, and to disbelieve everything said or written on the other side of the question, he would have seen through all this as a matter of course. this is what he said about the treaty in the speech i have referred to, having first delivered a philippic on the enormities and terrible wickedness of the traffic:-- only last year a treaty was entered into between the united states and china, and one of the articles of that treaty distinctly stated that the opium trade was forbidden, and that no american ship should become an opium trader--a fact which showed that the chinese authorities were honest in their expressed desire to put an end to the trade. sir j. w. pease is the most confiding of men; to my mind the treaty should be construed in a very different sense. sometimes, when we want to convey our sentiments to another, we do so indirectly. there is a very well understood method of attaining that object. instead of opening your mind to mr. jones, who is the object of your intended edification, you will in mr. jones's presence address your remarks to mr. brown; but in reality, although you are speaking to the latter, you are speaking at the former. now the whole object of this precious article of the treaty was to play a similar piece of finesse. both nations well understood what they were about; they were simply trying to hoodwink and make fools of john bull by putting into the treaty this false and hypocritical clause, which, as between themselves, each party well knew meant nothing to the other. here is sir j. w. pease, a sensible and astute man of business, with his eyes open, yet, blinded by his good nature and anti-opium prejudice, falling into the trap set for him, and allowing himself to be deceived by this transparent piece of humbug, and quoting in the house of commons this "bogus" treaty as evidence that the indo-china opium trade is so infamous that the american government intended, so far as they were concerned, to put a stop to it, and that the chinese government wish to abolish it on moral grounds. i give you this as an example of the lengths to which otherwise sensible gentlemen will go when smitten with opium-phobia, and how oblivious they become under such circumstances to actual facts. imagine how his excellency li hung chang, that very able chinese statesman, and those smart american diplomatists who have thus posed as anti-opium philanthropists, must have enjoyed the fun of being able to so completely bamboozle an english member of sir j. w. pease's reputation! now, although i have exposed this americo-chinese juggle, i am far from meaning to cast the slightest imputation upon sir j. w. pease, whose personal character i in common with the whole country hold in the very highest respect. i am well assured that in bringing forward his motion in the house of commons he was actuated by a sense of duty, and the very purest motives, and that in referring to the treaty in question he fully believed in its _bona fides_; upon this point i am at one with his warmest admirers. no one deservedly stands higher as a philanthropist and christian gentleman, and, save as regards this opium delusion, no man has ever made a nobler use of an ample fortune than he. i may speak in the same terms of the venerable and universally-respected nobleman who is the president of the anti-opium society, whose whole life has been devoted to the welfare of his fellow men, especially those who stood most in need of his help. i referred in the first edition of this lecture to a most reverend prelate, honoured and beloved both by his own countrymen, and, i believe, the whole christian world, who is also, i deeply deplore, a believer in the anti-opium delusion, but in doing so nothing was farther from my intentions than to lay aside for a moment the respect that was due to him as a man and a high dignitary of the church. i revere and honour him and admire his great and noble qualities as much as any man living. born and brought up as i have been in the church of england, and sincerely attached to its doctrine and teaching, having near and dear relatives, too, ministers of that church, the last thing i would be capable of doing is to harbour an unkind thought, or utter a disrespectful word, against any of her clergy, much less one of her most honoured prelates. these three good and upright men are, i am sorry to say, but types of a great many other most estimable people, many of them ornaments to their country, who through the purity and overflowing goodness of their hearts, have been dragged into the vortex of delusion set afloat by the anti-opium society--who allow themselves to be cajoled and victimised--led by the nose, in fact, by anti-opium fanatics, who, cunning as the madman and perfectly regardless of the means they resort to in the prosecution of what they consider right, bring to their aid the zeal of the missionary and the power for mischief which superior education and mis-directed talents confer. this is what rouses one's indignation and compels me to pursue the unpleasant task of discrediting and otherwise painfully referring to men whom, apart from this wretched opium delusion, i honour and respect. upon this point i cannot refrain from referring to a gentleman of high standing, who had formerly been in china, and really ought to have known better. that gentleman went so far as to write a letter to the "times," in which he said that out of one hundred missionaries in china there was not one who would receive a convert into his church until he had made a vow against opium smoking. bearing in mind that all these so-called converts made by these one hundred missionaries belong for the most part to the very poor, if not to the dregs of the people, i should think no missionary clergyman would find much difficulty in obtaining such a pledge. he has only to ask and to have. if a clergyman in a very poor neighbourhood in the east end of london proposed to his congregation that they should promise never to drink champagne, he would receive such a pledge without difficulty from one and all; but if any kind person were afterwards to give them a banquet of roast beef and plum-pudding, with plenty of champagne to wash those good things down, i am afraid their vow would be found to be very elastic. so it is with the congregations of these missionary clergymen; there is not an individual amongst them who would refuse to enjoy the opium pipe if he got the chance, however much they might declaim against the practice to please the missionary. opium, as the missionaries must well know, is a luxury that can only be indulged in by those who have the means of paying for it. now, while twopence or threepence may appear to us a very insignificant sum, such will not be the opinion of a very poor person. threepence will purchase a loaf of bread. so it is with the chinese, especially those residing in their own territory. there is only one class of coin current in china. it is known by europeans as "cash." ten should equal a cent, or a halfpenny, but owing to the inferiority of the metal they are made of, twelve or thirteen usually go to make one cent of english money, so that ten cents, or fivepence of our money, would be about one hundred and thirty cash. a poor chinaman possessing that sum would think that he had got hold of quite a pocketful of money, and so it would prove, so far as regards a little rice or salt fish, which forms part of most chinamen's daily food; but were he so foolish as to indulge in opium, a few whiffs of the pipe would soon swallow up the whole. and then there arises the difficulty of getting the cash, so that it is really only people having command of a fair amount of money who can afford to indulge, habitually at all events, in the luxury of the pipe. now with respect to the alleged evil effects of opium smoking, you will constantly hear stories from missionary sources of wretched people, the slaves of the opium pipe, crawling to the medical officers of missionary hospitals, who are to a certain extent missionaries themselves, and asking to be cured of the terrible consequences of their indulgence in opium smoking. the medical officer at each of these missionary institutions, a victim himself, in most cases, to the delusions set afloat, accepts their story, pities the men, and takes them into the hospital; and, believing that if they do not get a moderate indulgence in opium smoking they will pine away and die, the good, easy man, full of kindness and simplicity, gives them a liberal allowance, which his patients are delighted to get. knowing the bent of mind of the confiding doctor, they fill him with all kinds of falsehoods as to the evils attendant upon opium smoking in general, which he swallows without a particle of doubt. the truth, however, is that those men who go with such tales to the medical missionary are in most, if not all, cases simply impostors, generally broken-down thieves, sneaks, and scoundrels--the very scum of the people. no longer having energy even to steal, they are driven off by their old associates, to starve or die in a gaol. these men are the craftiest, the meanest, and the most unscrupulous on the face of the globe. they well know all that the missionaries think about opium smoking, and, like the accommodating mr. jingle, they have a hundred stories of the same kind ready to pour into the ears of their kind-hearted benefactors, who become in turn their victims. much merriment, i have no doubt, these scamps indulge in amongst themselves at the good doctor's expense; for the chinese are not deficient in humour, and have a keen sense of the ludicrous. these people crawl to one of the hospitals; the doctor is delighted with their stories, for they confirm all he has written home or published, perhaps in _the friend of china_. he communicates with the missionary; their stories are sent home, and the patients get for three or four weeks excellent food and comforts, including plenty of opium, before they are turned out as cured. the lepers have been cleansed and made whole, but only to enable them to prey once more upon the industrious community. i may here observe that there are no missionary hospitals in hong kong, and so we never hear of those wonderful stories happening in that place, yet, if such stories were true, it is there that the strongest corroboration of them should be found, for, although there is no missionary hospital in the colony, there is the large and well-managed civil hospital, as also the chinese tung-wah hospital, both of which are subject to the inspection of dr. ayres. such are the tales, and such the authors who have caused much of this clamour about opium smoking. there is scarcely a particle of truth in any one of those stories. no man can indulge in opium to such an extent as to harm himself unless he possesses a fair income, and if such a person became ill from over-indulgence, he would not go to a foreign hospital, but would send for a doctor to treat him at his own house. it is only the broken-down pauper, thief, or beggar, who, in his last extremity, seeks admission to the hospital. dr. ayres was the first to expose this imposture. on arriving at hong kong he found it had been the custom there to allow such of the prisoners in the gaol as were heavy smokers a modicum of prepared opium daily,--it having been supposed by his predecessors that without it such prisoners would pine away and die. dr. ayres, however, knew better; and he at once put an end to the custom. he would not allow one grain of opium or other stimulant to be given to any prisoner, however advanced a smoker he might be. the result was that the hitherto pampered prisoners moaned and groaned, pretending, no doubt, to be very ill; but after a little time they got quite well. the doctor has published his experiences on this subject in the _friend of china_. these persons know what pleases the missionaries, and so they detail to them all kinds of horrible stories respecting opium smoking, which, as i have before stated, are pure inventions. trust a chinaman to invent a plausible tale when it suits his purpose to do so. the missionaries do not smoke opium themselves, and have, therefore, no means of refuting the falsehoods thus related to them, or of testing their accuracy. they simply believe all these stories, and send them on to head-quarters in london, to be retailed by eloquent tongues at exeter hall and elsewhere. i have no doubt that every mail brings home numbers of apparently highly authenticated tales of this kind, every one of which is baseless. thanks to the modern excursion agents, and to the present facilities for travelling, gentlemen can easily take a trip to china, and if any of them happen to have opium on the brain, they will take letters of introduction to missionary clergymen. on their arrival at hong kong they will perhaps be shown over the tung-wah hospital, where they see a number of wretched objects labouring under all kinds of diseases; they will go away fully impressed with the belief that all the patients shown to them are victims of opium smoking. they are then taken to an opium shop, or as the missionaries like to call it, an "opium den"--though why an opium-smoking shop should be so termed, and a dram shop in london called a "gin palace," i cannot understand--and are there shown half a dozen dirty-looking men, mostly thieves and blackguards, all smoking opium, and as they are quiet and motionless, they come to the conclusion that they are all in a dying state, having but a few days more to live. if they knew the facts, they would find perhaps that the very men they were commiserating were just then quietly planning a burglary or some piratical expedition for that very night. these kind of travellers go out to china with preconceived notions, and are quite prepared to believe anything and everything, however absurd or monstrous, about opium smoking. they will spend two days at hong kong, three at canton, two or three at shanghai. they will take copious notes at these places, omitting nothing, however incredible or absurd, that is told them, and return home with a full conviction that they have "done china," when in reality they have only done themselves, and that, too, most completely. if they have the _cacoethes scribendi_ strong upon them, they will probably write a book upon the subject; and so the miserable delusion is kept up. 'tis pleasant, sure, to see one's name in print; a book's a book, although there's nothing in't. mr. turner, in his volume, gives what he calls "a little apologue," with the object of showing how the indian government injures china by supplying it with opium. if you will allow me, i will give you a short one, too. let us suppose a young gentleman, well brought up, and a member of that excellent institution, the "young men's christian association," where he has heard the most eloquent speeches on the wickedness of this country in permitting the indo-chinese opium trade, and thus encouraging opium smoking--for your anti-opium agitator thinks it the height of virtue and propriety to drag his country through the mire on every occasion that presents itself. let us call him mr. howard; it is a good name, and was once owned by a most benevolent man. he makes up his mind to go out to china and to see for himself the whole iniquity; for, despite his strong faith in his clerical mentors at exeter hall, he can hardly believe that his own countrymen could really be the perpetrators of such dreadful wickedness as he has been told. he takes a letter of introduction to a missionary gentleman at hong kong, and another to a mercantile firm there. he expects, on his arrival, to see the streets crowded with the wretched-looking victims of the opium-pipe, crawling onwards towards their graves, whilst the merchant who is making his princely fortune by this terrible opium trade drives by in his curricle, looking complacently at his victims, just as a slave-owner of old might be expected to have gazed at his gangs of serfs wending their way to their scene of toil. not seeing any but active, healthy-looking people, he concludes that the miserable creatures he is looking out for are in hospital, or lying up in their own houses. he calls upon messrs. thompson and co., the mercantile firm to which he is accredited, and is well received by one of the partners, who invites him to stop at his house during his stay in hong kong--for our fellow-countrymen in china are the most hospitable people in the world. mr. howard declines, as he intends putting up at mr. jenkins's, his missionary friend. the great subject on his mind is opium, so he comes to the point at once, and asks, "is there much opium smoked in the colony?" "oh, plenty," answers mr. thompson; "two or three thousand chests arrive here every week." "do you sell much?" mr. howard asks. "no; we haven't done anything in it these many years," is the response. "do many people smoke?" continues howard, following up his subject. "oh, yes: every chinaman smokes." "but where are all the people who are suffering from opium smoking?" again asks the inquirer, determined to get at the facts. "ha, ha, ha!" laughs mr. thompson, but that gentleman is writing letters for the mail, and has not much time at his disposal. "here, compradore," he says, addressing a chinese who has been settling an account with one of the assistants, "this gentleman wants to know all about opium smoking." the compradore is the agent who conducts mercantile transactions between the foreign firms and the chinese; he resides on his master's premises, and is usually an intelligent and keen man of business, and, i may also add, an inveterate opium smoker. the two try to make themselves understood. mr. howard repeats the same questions to the compradore that he had just put to mr. thompson, and receives similar replies. disappointed and surprised, howard calls with his letter of introduction upon the missionary, to whom he tells what he has heard from messrs. thompson & co. "ah," says the missionary, "they wouldn't give you any information there; they are in the opium trade themselves." but mr. howard tells him that thompson had assured him that they had not been in the trade for years. "ah," returns the missionary, "you must not believe what _he_ says. his firm is making a princely fortune by opium." "but where are the smokers?" asks howard. "oh, i will show them to you." he then calls achun his "boy." "this gentleman," he says to the latter, "wants to know about opium smoking. take him to the tung-wah and to an opium shop, you savee?" "yes, my savee" (meaning "i understand"), returns achun, who is, of course, a devout convert, but who, notwithstanding, often in private indulges in the iniquity of the pipe. on they go to the tung-wah, which is the chinese hospital before referred to, where he is shown some ghastly-looking men, all either smoking the "vile drug" or having opium pipes beside them. two or three are shivering with ague; another is in the last stage of dropsy; another is in consumption, and so on. they are all pitiable-looking objects, wasted, dirty, and ragged. poor mr. howard shrinks away in horror. "are all these men dying from opium smoking?" he asks of his guide. "yes, ebely one; two, tlee more day dey all die. oh! velly bad! olla men dat smokee dat ting die," says the person questioned, well knowing that what he has said is false, and that the poor creatures before him are only honest, decent coolies in the last stages of disease, who until they entered the hospital may never have had an opium pipe in their mouths. "their poverty and not their will consented." they had been admitted but a few days before to the tung-wah, where the chinese doctor in charge had prescribed for them opium smoking as a remedy for their sickness and a relief for their pains. poor mr. howard leaves the hospital bitterly reflecting upon the wickedness of the world and of his own countrymen in particular. as for mr. thompson, he is set down for a false deceitful man, a disgrace to his country, who should be made an example of. he and his guide then proceed to the opium shop. i shall, however, proceed there before them, and describe the place and its occupants. opposite to the entrance door are two well-dressed men, their clothes quite new, their heads well shaven, and having attached to them long and splendid queues. these men are lying on their sides, vis-à-vis, with their heads slightly raised, smoking away. if it were not for their villainous countenances they might pass for respectable shopkeepers. they are two thieves, who have just committed a burglary in a european house, from which they carried off three or four hundred pounds' worth of jewellery, and they are now indulging in their favourite luxury on the proceeds. they have also exchanged their rags for new clothes, got shaved and trimmed, as mr. howard sees them. now, wherever an extreme opium smoker is met, he will in general be found to be one of the criminal classes. in this shop there are three other men smoking. they are stalwart fellows, but dirty-looking, as they have just finished coaling a steamer, and are begrimed with coal dust. as the daily expenses of a steamer are considerable, it is a great object with sea captains to get their vessels coaled as quickly as possible, so that they may not be delayed in port. the men employed upon this work are usually paid by the job, and probably each will receive half-a-dollar for his share. they work with extraordinary vigour, and by the time they have finished they are often much distressed, and are inclined to lie down; their hearts, perhaps, are beating irregularly, and their whole frame unhinged. being flush of money, for half-a-dollar, or two shillings, is quite a round sum for them, they have decided to go to the opium shop, and, by having a quiet whiff or two, bring the action of their hearts into rhythm, and restore themselves to their ordinary state. these poor coolies are honest fellows enough. they work hard, and are peaceful, unoffending creatures. hundreds of them are to be seen hard at work every day in hong kong. the interior of the opium shop is as described when mr. howard enters with the missionary's servant. the moment the two well-dressed thieves see them, their guilty consciences make them conclude that the one is a european, and the other a chinese detective in search of them. they close their eyes and pretend to be in profound slumber. they are really in deadly fear of apprehension, for escape seems impossible. mr. howard asks his guide who they are. "oh, dese plaupa good men numba one; dey come dis side to smokee. to-day dey smokee one pipe; to-mollow dey come and smokee two, tlee pipe; next dey five, six; den dey get sik and die. oh, opium pipe veely bad; dat pipe kill plenty men." "you say they are good, respectable men?" says mr. howard. "yes, good plaupa men; numba one chinee genlman." "oh, is not this a terrible thing?" says mr. howard, compressing his lips, breathing heavily, and vowing to bear witness, on his return to london, to all the villainy he fancies he has seen. the three men begrimed with coal-dust, although they appear only to be semi-conscious, are in reality taking the measure of mr. howard, and enjoying a quiet laugh at his expense. one exclaims, referring to his chimney-pot hat, "ah ya! what a funny thing that fan-qui has got on his head!" the other replies, "it's to keep the sun away." "how funny!" retorts the first speaker, "we wear hats to keep our heads warm; they wear hats to keep their heads cool." "oh," returns the other speaker, "the fan-qui have such soft heads that if they did not keep the sun off the little brains they have would melt away; and they would die, or become idiots."[ ] mr. howard, seeing them in their dirty condition, concludes that they are some of the wretched victims of opium smoking, in the last stage of disease, and leaves with his conductor, pitying them from the depths of his heart; his pity, however, is as nothing compared to the contempt with which these supposed victims to the opium pipe regard him and his chimney-pot hat. as he leaves he asks his guide, "does the keeper of the opium shop expect a gratuity?" "oh," returns the other, "supposee you pay him one dolla, he say, tankee you." mr. howard accordingly gives a dollar to the man, who looks more surprised than grateful, and he leaves the shop, satisfied that he has at last seen the true effects of opium smoking in china. he returns to the missionary, to whom he relates the horrors he has seen, makes copious notes of them, and vows to enlighten his countrymen at home upon the subject. as for his guide achun, this person loses no time in returning to the opium shop, where he compels the keeper of it to share with him the dollar he has just received, and, having so easily earned two shillings, he quietly reclines on one of the couches and takes a whiff or two of the pipe, the more enjoyable because it is forbidden fruit. thus the benevolent british public is befooled by these ridiculous stories about opium. now as achun is a representative character, many like him being in the service of missionaries and other foreigners throughout china, i will give you a further specimen of the way such persons cheat and delude their masters. achun, in whom mr. jenkins, the missionary, places implicit confidence, has of late been much exercised as to his "vails," for chinese servants are quite as much alive to the perquisites of their office as jeames, john thomas, or any others of our domestics here in england. indeed, i may safely lay it down as a rule that, like cabmen, domestic servants will be found the same all over the world, "one touch of nature makes the whole world kin," and no sooner have you engaged your chinese "boy" than his mind is at once set working as to the amount of drawbacks, clippings, and parings over and above his wages he may safely count upon in his new place. achun is dissatisfied with the commission or drawback allowed him by chook aloong, the shopkeeper or compradore, who supplies mr. jenkins's family with provisions and other household necessaries; he is allowed only ten per cent. of the monthly bill, and he considers that in all fairness he should get double that amount. thus impressed, he makes energetic remonstrances on the subject to chook aloong, who is firm and will give no more than ten per cent. achun is equal to the occasion. now mr. jenkins and his family are simple and frugal in their dietary, but there are some articles of food they insist upon having of the best kind, in consequence of which their compradore sends them those articles and, indeed, all others of unobjectionable quality. eggs which are not absolutely fresh, and meat, though it be game, if in the slightest degree "up," they will have none of. achun well knows all this, and he has determined to have chook aloong displaced. having himself a partiality for eggs, he begins operations by daily appropriating to his own use some of those fresh eggs and substituting stale ones in their stead. in the like manner, instead of letting the family have the beef, mutton, and fowls nice and fresh as they are delivered, he holds them over until the bloom of freshness has departed. this state of affairs occasions some commotion in the family circle. the boy is sent for and shown that the eggs are bad and the meat "high"; he expresses great concern, and declares that he will forthwith call upon the compradore and compel him to make good the damage already done, and supply proper provisions in future. mr. jenkins, though angry, is not implacable, and is willing to believe that some mishap has occurred; for how could his old and trusted compradore treat him so badly? his hopes are, however, disappointed, for again and yet again the meat is bad, and, worse still, the eggs are--well, not fresh. the climax is reached one morning when poor mr. jenkins, in breaking his egg, finds, not the usual bright yellow yolk and spotless albumen within, but a young chick almost fledged. horror and disgust seize him, the old adam over-masters him for a moment, and, full of wrath, he roars for the boy. achun appears the very picture of innocence, when mr. jenkins, ashamed of his outburst of wrath and now quite calm explains the _contretemps_. he has even in the reaction regained some of his good humour. "look here, achun," he says, showing the chick, "this is too bad, you know. supposee i wanchee egg,--can catchee him; supposee i wanchee chicken--can catchee chicken. no wanchee egg and chicken alla same together." achun perceives the joke, and knowing his master's weakness, says, "oh, ho, massa, velly good, dat belong numba one. 'no wanchee egg and chicken alla same togedda,'" continues the cunning rascal, repeating his master's words, "oh velly funny, velly good, massa, ho! ho! ho!" mr. jenkins is pleased at the mild flattery of his boy, who has now advanced a step or two in his estimation. "oh, massa, dat man, chook aloong, velly bad man," continues achun when his merriment had subsided. "him smokee too much opium pipe; he no mind his pidgin plaupa, he smokee alla day." "oh! ho! is that the way?" asks the missionary, a new light dawning for the first time upon him. "and so chook aloong is an opium smoker?" "ye-s," replies achun, prolonging the word. "too much opium, plenty opium. more betta you get anoda compado sah--some good plaupa man dat no smokee." "very well, achun," says mr. jenkins with a sigh. "it is plain i must get somebody else. find me out some other man, and, mind, he must not smoke opium." "hab got, massa," returns the boy delighted with his success. "hab got velly good man, him numba one good compado"; and in walks the person indicated, who has been listening outside all the time. "this belong sam afoong, him do all ting plaupa," the fact being that this very sam afoong is the greatest cheat in the whole market. "oh, you're the man," says mr. jenkins. "i hope you don't use opium." "oh no, sah," returns the other, who is in fact an inveterate smoker, "my neba smokee; dat opium pipe velly bad. it hab kill my fadda, my six bludda, my----." but here he is stopped by a signal from achun, who saw that his friend, in familiar parlance, was "laying it on too thickly." sam afoong vows to supply the best of good things, and does so, and the jenkins family are no longer troubled with bad provisions; but had the lady of the establishment gone through the formality of weighing every joint of meat that her new compradore supplied, she would have found that every pound was short of two or three ounces, for thus sam afoong recouped himself for the large per-centage bestowed on achun. to prove that the missionaries are deceived in the way i have described i will refer you to a passage in mr. storrs turner's own book, where even he admits that one of his own converts, who had assured him that he never smoked, and no doubt had pledged himself never to do so, was found regaling himself with the iniquity. at p. mr. turner says, "i have caught a man smoking who had only half an hour before denied to me that he was a smoker, and condemned the habit." yet such are the men from whom the missionaries derive their information about opium smoking. for further proof of this i will quote again from dr. ayres' article, in _the friend of china_. this is what he says:-- at the tung wah hospital the stranger may at any time see the most dreadful and ghastly-looking objects in the last stages of scrofula and phthisis smoking opium, who had never previously in all their lives been able to afford the expense of a pipe a day, yet the european visitor leaves the establishment attributing to the abuse of opium effects which further inquiry would have satisfied him were due to the diseases for which the patients were in hospital. from what i have seen there, there is no doubt that the advanced consumptive patient does experience considerable temporary relief to his difficult breathing by smoking a pipe of opium, though it is a very poor quality of drug that is given to patients at the tung wah hospital. thus, as i have shown, it has come to pass that whilst the missionary clergymen, owing to their sacred calling and their unquestionably high character, are accepted in england as the most reliable witnesses and entitled to the greatest credit, they are really the men who are the very worst informed upon the opium question which they profess to understand so thoroughly. they are, in fact, the victims of their own delusions. but saddest fact of all, these missionary gentlemen, with the best intentions and in the devout belief that by carrying on this anti-opium agitation they are helping to remove an obstacle to the dissemination of the gospel in china, are of necessity by so doing obliged to neglect more or less the very gospel work they are really so desirous to spread, leaving the missionary field open to their roman catholic rivals. the information placed before the public here in england upon the opium question, tainted as it is at the very fountain head, is sent forward from hand to hand, meeting in its filtrations from china to this country with impurity after impurity, until it reaches the form of the miserable trash retailed at exeter hall, or by the agents of the anti-opium society. it is an accepted adage that "a story loses nothing by the carriage." the maxim becomes, more strongly pointed when it is remembered that the opium tales partake so much of the marvellous, and that the various transmitters of those accounts are, in almost every instance, fanatical believers in the supposed wickedness of the indo-chinese opium trade. i am quite sure that out of every thousand people who believe in the anti-opium delusion, you will not find two who have ever set their foot in china, or know anything with respect to the alleged evils they denounce, except from the unreliable sources i have mentioned. such people, as a rule, are by far the most violent and uncompromising opponents of the indo-chinese opium trade. the people i describe generally speak with such an air of authority on the question, that an ordinary person would suppose they had personally witnessed all the evils they describe. if you ask one of them in what part of china he has lived, or when and where he has seen the horrors he speaks of, he will jauntily tell you, "oh, i have heard mr. a. or the rev. mr. b. explain the whole villainy at exeter hall." another will say he has read mr. storrs turner's great work upon opium smoking, with which i have already made you somewhat acquainted. when general choke rebuked martin chuzzlewit for denying that the queen lived in the tower of london when she was at the court of st. james, martin inquired if the speaker had ever lived in england. "in writing i have, not otherwise," responded the general, adding, "we air a reading people here, sir; you will meet with much information among us that will surprise you sir." just so. these anti-opium enthusiasts have been in china in writing, and understand the opium question upon paper only--a few months in hong kong or canton, freed from missionary influence, would soon disillusionize them. i remember hearing a story once of a most estimable gentleman who had the misfortune to be the defendant in an action for breach of promise. the plaintiff's counsel, who had a fluent tongue and a fertile imagination, painted him in such dreadful colours, and so belaboured him for his alleged heartless conduct towards the lady that the gentleman so denounced, persuaded for the moment that he was really guilty, rushed out of court, exclaiming, "i never thought i was so terrible a villain before." that is just the kind of feeling that first comes over one upon hearing of those opium-smoking horrors; for it must not be forgotten that the indictment of the anti-opium society, and of its secretary mr. storrs turner in particular, not only includes the imperial government, and the government of india, during the past forty years, but all the british merchants connected with the chinese trade, and, indeed, the entire british nation. before proceeding to deal with the fallacies i have enumerated, it is necessary that i should again address a few words to you on the subject of evidence, so as to enable you to discriminate between the value of the various witnesses who have attempted to enlighten public opinion on the subject before us. i dislike very much to trouble the reader with dry professional matters, but, under the circumstances, i cannot avoid doing so. it is a rule of law which will, i think, commend itself to the common sense of everybody, that the evidence to be adduced on a trial should be the best that the nature of the case is susceptible of, rather than evidence of a subsidiary or secondary nature, unless, indeed, no better be forthcoming. in determining matters of fact, the best witnesses would be held to be those who have become acquainted with those facts in the course of their ordinary employment, or in the performance of their professional duties, rather than mere amateurs or volunteers, whose knowledge is derived from accident or casual observation only. for illustration, let us suppose the case of a collision at sea between two steamers, a and b,--that previous to and at the time of the collision, besides the usual officers and seamen in charge of a, there were on deck the steward of the vessel and a passenger. now, the best witnesses on board of a as to the catastrophe would not be the two latter, although they saw the whole occurrence, but the men who were in actual charge of the navigation of the ship, viz. the look-out man in the bows--whose duty it would be to watch for rocks or shoals, or any ship or vessel ahead, and to give immediate notice to the officer of the watch and the man at the wheel of the presence of such object;--the officer of the watch, usually stationed on the bridge;--and the man at the wheel. why? because, it being the peculiar duty of the first two men to look out for and avoid striking on rocks or shoals, or coming into collision with any other vessel, and the duty of the third man not only to keep a look out but to steer as directed by the officer on the bridge, they necessarily paid more attention to, and had their intellects better sharpened in respect to such matters than the others, who had no such duty cast upon them. the next best witnesses would be the other seamen during whose watch the accident occurred, their duty being generally to attend to the management of the ship, her sails and cordage, and obey the orders of the officer of the watch, but who, not having immediate connection with the steering and course of the vessel, would not be expected to have the same accurate knowledge of the circumstances that led to and occurred up to the time of the collision as the first three. the least valuable witnesses would be the steward and the passenger, for the reasons already mentioned. applying these rules to the question now before us, it follows that the testimony of such a man as dr. ayres--some of which i have given you already--and of others which i shall lay before you, should have far greater weight and be more reliable than that of ordinary persons having no special knowledge or experience of opium or its effects, nor any opportunity of obtaining such knowledge, much less any duty cast upon them to acquire it, _e.g._ missionaries and other persons unconnected with native and foreign merchants, and having no duties to perform which would bring them into constant intercourse with the chinese community. the first of these fallacies which have so much tended to warp the understanding of these anti-opium people is this: "that the poppy is not indigenous to china, but has been recently introduced there, presumably by british agency." with this let us take the second fallacy, viz.: "that opium smoking in china is now and has always been confined to a small per-centage of the population, but which, owing to the introduction of indian opium, is constantly increasing." here i would first inquire--what is the poppy? to this question one person would say, it is the plant that produces that deadly drug, morphia. another would answer, it is the herb from which laudanum is made; and a third would say, it is the plant which supplies opium, smoked so much in china and eaten so largely in india. these answers would all be correct enough, so far as they go; but they would not be complete, for there are many other uses to which the poppy is applied besides all these. that valuable plant produces not only opium, but an oil used for lighting and for edible purposes, the chinese using the oil to mollify their daily rice and other food, mixing it also very commonly with another and richer quality of oil. the seeds, when the oil is expressed, are given to cattle, or allowed to rot and form manure. if the oil is not expressed, the seeds can be worked up into cakes. from the capsules medicine is made, and lastly, the stalks and leaves when burnt produce potash. mr. william donald spence, one of her majesty's consuls in china, to whose valuable "report on the trade of the port of ichang, and the opium-culture in the provinces of szechuan and yunnan," i shall presently introduce you, knows all this as matter of fact, and, indeed, i am mainly indebted to him for the information i now give you. it is admitted by mr. storrs turner that the poppy is indigenous to china, and when it is remembered that the people of that country are and have been for thousands of years the most civilized in asia,--that agriculture is considered the most honourable industry in the country, as evidenced by the annual practice of the emperor to turn over the earth with the plough at the beginning of spring,--that the chinese are skilled husbandmen, and of most frugal and thrifty habits, it becomes a matter of irresistible inference that those people must have known that most useful plant, the poppy, and must have cultivated it for economic purposes long before opium was known in europe. sir robert hart, in his yellow book, says "that native opium was known, produced, and used _long before_ any europeans began the sale of the foreign drug along the coast." compare that with the misleading passage at page of mr. storrs turner's book, where he says "that the poppy had long been cultivated in egypt, turkey, persia, india, and _recently_ in china and manchuria," and ask yourselves what credit you can give to that gentleman as a trustworthy guide on the subject of opium. here is sir robert hart, a great chinese authority, practically admitting that three or four hundred years ago at the least native opium was grown and produced in china, and mr. storrs turner, in this fallacious statement of his, trying to induce his readers to infer that the drug was only recently produced in that empire! the reader can choose between these authorities for himself. now the fact is, that in very ancient chinese works mention is made of the poppy. in the "history of the later han dynasty" (a.d. - ), the brilliant colour of the poppy blossom, of the charms of the juice, and the strengthening qualities of the seeds of the plant, formed the themes of chinese poets as far back as a thousand years, and probably much farther. the poet yung t'aou, of the t'ang dynasty (a.d. - ), celebrates the beauty of the flower. the poet soo cheh (a.d. - ), dwells, in an ode, on the curative and invigorating effects of the poppy seeds and juice, and another poet, soo sung, of the same period, praises the beauty of the plant, which he speaks of as being grown everywhere in china. i am not a chinese scholar, but i have high authority for these statements. you will thus clearly perceive that opium is a native plant, that its various uses have for many centuries been known to the chinese, and that the british are in no way responsible for the introduction of opium into china, much less for the practice of smoking the drug. i have mentioned mr. w. donald spence as one of her majesty's consuls in china. now, every foreign resident in that country knows who and what those consular gentlemen are; but i do not think the public here in england are equally well informed upon the subject, because it is only natural that they should confound them with the ordinary british consuls at the european and american ports; but that would be a very great mistake, for the two sets of consuls form quite distinct and separate bodies. the consuls at the latter ports are no doubt highly respectable gentlemen, often indeed, men who have distinguished themselves in science and literature, or in the army or navy, but still they are simply commercial agents of the british government, and no more, having little or no diplomatic or other duties to discharge. the consular service of china stands upon a totally different footing. in this country her majesty's consuls are not only commercial agents, but are trained diplomatists, entering the service in the first instance as cadets, after passing most difficult competitive examinations. they are always chinese scholars, many of them holding high rank as such. the consuls have very important diplomatic duties to discharge, and have also magisterial duties to perform towards their countrymen in china, all of which demand qualities of a high order, and which only superior education and careful training enable them to discharge. england has acquired by treaty ex-territorial rights, as regards her own subjects, in the ports of china thrown open to her commerce, known as "treaty ports," the most important of which are the exclusive right to hear and determine all civil and criminal cases against british subjects. these onerous and important duties are performed by her majesty's consuls at those ports. these gentlemen, indeed, have more power in many respects than is possessed by the queen's ambassadors and ministers plenipotentiary at the various courts in europe. they have, in fact, all the powers now vested in the judges of her majesty's high court of judicature here in england, as well as the powers possessed by the judges of the admiralty, probate, and bankruptcy courts. further, and in addition to all these multifarious duties, they are her majesty's special commercial agents at these treaty ports, with the usual jurisdiction over british ships, their officers, and crew. it is, therefore, a matter of the first necessity that the persons in whom such tremendous powers are placed should not only be gentlemen of the very highest characters and assured abilities, but men of superior education specially trained to fill these important positions and discharge the varied and onerous duties appertaining to them. such are the present british consuls in china, and such they have been in the past. there is not, i believe, in this or any other country, a more highly-educated, intelligent, and efficient body of men to be found. if any proof of these high qualities is required, it will be furnished in the fact that notwithstanding the difficult, delicate, and onerous duties cast upon them, no instance of their abuse of these powers has ever occurred. i certainly know of none. i am only here stating, i assure you, what is actually true. it has, indeed, always been to me a marvel that no complaints--no political entanglements, no troubles--have arisen from the abnormal state of things arising out of our commercial and political relations with china, and the extraordinary and exceptional powers necessarily entrusted to our consular agents in that empire in consequence. we can now look back, after a quarter of a century of experience, and congratulate ourselves that all our complicated machinery has worked so well, that no clouds obscure the vista, and that our present position in china is one of serenity and sunshine; that we stand upon the very best terms with the chinese government from the central authority at peking to all its ramifications throughout the vast empire. nothing, in fact, blurs the landscape, save the miserable opium phantom created by our own countrymen, the missionaries, and magnified to a monster of large dimensions by the "chinese jugglers," who here in england keep the machinery of the anti-opium society in motion. these happy results are due to her majesty's diplomatic and consular service in china, controlled by her majesty's principal secretary of state for foreign affairs in england. and here i cannot but remind you of that distinguished veteran statesman sir rutherford alcock, formerly her majesty's minister to the court of peking, to whose wise and far-seeing policy much of the present happy relations with china is due. there is not an english resident in china who cannot bear testimony to the splendid talents and genuine patriotism which has marked his career in that vast and interesting country. there is no greater authority living upon anglo-chinese affairs than he, especially as regards the period of the famous treaty of tientsin, some of whose testimony on these points i will lay before you. after a long and honourable career he is now in england enjoying his well-earned repose, and is, happily, a powerful living witness to the fallacies i am now trying to efface. now, one of the ablest and most accomplished men at present in the diplomatic and consular service of china is mr. w. donald spence, her majesty's consul at ichang, a port on the yangtze, to whom i have before shortly referred. this gentleman, in the year , paid a visit to chungking, the commercial capital of szechuan in western china. whilst there he availed himself of the opportunity to make inquiries and investigations into the commercial products of that immense province, and especially into the cultivation of native opium, the extent and condition of opium culture in western china, and the attitude respecting it of the chinese government, and on the effect of opium smoking on the people of those provinces where it appears that habit is all but universal. it was his especial duty to make these investigations. no better proof could be produced as to the abilities of this gentleman than this valuable document on the subject presented by him to her majesty's principal secretary of state for foreign affairs which mr. spence, in his covering letter to lord granville modestly styles "his report on the trade of the port of ichang for the year ." if anyone will read the whole of this report--and it will well repay careful perusal--he will pronounce it, i think, one of the ablest and most admirable state papers that have ever been penned. in giving you some extracts from it i will, therefore, ask you to treat the author of it, not as a mere hireling, having an interest in certain matters which it is desirable to place in a particular light, as the agents of the anti-opium society would, no doubt, have you believe, but as the honest statement of an upright, high-minded, honourable english gentleman, of superior talents and a cultivated mind, who values truth above everything, who can have no other object in the matter but to do what is honest, just, and right, and who on this question of opium smoking tells the truth and nothing but the truth to her majesty's minister. this is what he says as to the cultivation of the poppy in szechuan:-- of all the products of szechuan, the most important nowadays is native opium. in september last year it was my fortune to be sent on the public service to the commercial metropolis of szechuan, chungking. i was four months in the province. in the course of that time i visited parts of the great opium country, questioned many people regarding opium culture, consumption, and export, and carefully noted the observations and conclusions on these subjects come to by mr. colborne baber and mr. e. h. parker during their official residence there, with a view to giving, as far as possible, exact information in my trade report on a matter of great commercial, and no little political, interest at the present moment. the cultivation of the poppy is carried on in every district of szechuan except those on the west frontier, but most of all in the prefectures of chungking fu and kweichow fu. in all the districts of chungking fu, south of the yang-tsze, and in some of the districts of kweichow fu, north of that river, it is the principal crop, and, in parts, the only winter crop for scores upon scores of square miles. the headquarters of the trade are at the city of fuchow, in the first of these prefectures, and, in a considerably less degree, at fengtu, a district city in kweichow fu. baron richthofen, writing in , says that the poppy then was cultivated only on hill slopes of an inferior soil, but one sees it now on land of all kinds, both hill and valley. baron richthofen himself anticipates this change when he says:--"the government may at some time or other reduce the very heavy restrictions, and if szechuan opium then should be able to command its present price at hankow, the consequence would be an immediate increase in the area planted with the poppy." since he wrote, the area given to the poppy has much increased, though not from the cause alleged. being a winter crop, it does not interfere with rice, the food staple of the people, displacing only subsidiary crops, such as wheat, beans, and the like. when it is planted in paddy and bottom lands, which nowadays is often the case, it is gathered in time to allow rice or some other crop to follow. it can hardly be said of szechuan that the cultivation of opium seriously interferes with food supplies. the supply of rice remains the same, and the opium produced, less the value of the crops it replaces, is so much additional wealth to the province. i shall presently show that opium is a more remunerative crop than its only possible substitutes, beans or wheat, and no per-centage of the opium crop being due to the landlord, its cultivation has been greatly stimulated in consequence. of late years, however, in the districts i have named as being in winter one vast poppy-field, owners of land have become alive to the value to occupiers of the opium crop, and have stipulated for a share of it in addition to their share of the summer crop. rents, in fact, where opium is in universal cultivation, have practically doubled. before leaving the subject of tenure, i may add that, in the event of non-payment of rent from causes other than deficient harvests, the landlord helps himself to the deposit in his hands. in bad years remissions are willingly made by the government to owners of the land-tax, and by owners to occupiers of the rent-produce. now you will remember that this very province of szechuan, where such extensive cultivation of the poppy is carried on, is the largest and most distant of all the provinces of china; it is one of the westernmost of the eighteen provinces of the empire, being bordered on the west by thibet. until quite recently szechuan was about as accessible to englishmen as moscow was fifty years ago, a _terra incognita_, in fact, to europeans, so that it cannot be pretended for one moment that the introduction into china of indian opium has had anything to do with the cultivation of the drug there. indian opium could hardly ever have found its way into the province, which is not less than one thousand two hundred miles from the sea. it is only since the opening of the port of ichang in the adjoining province of hupeh, which took place in april , that the district has become at all accessible. but let us return to mr. w. donald spence. this is another extract from his report:-- the poppy is now grown on all kinds of land, hill slopes, terraced fields, paddy and bottom lands in the valleys. since , when baron richthofen visited the province, a great change has taken place in this respect, for it appears to have been cultivated then on hill lands only. all the country people whom i asked were agreed that opium is most profitably grown on good land with liberal manuring. in india it is best grown on rich soil near villages where manure can be easily obtained, and the szechuan cultivator has found this out for himself. poppy cultivation, as practised in szechuan, is very simple. as soon as the summer crop is reaped the land is ploughed and cleaned, roots and weeds are heaped and burnt, and the ashes scattered over the ground; dressings of night soil are liberally given. the seeds are sown in december, in drills a foot and a half apart. in january, when the plants are a few inches high, the rows are thinned and earthed up so as to leave a free passage between each: the plants are then left to take care of themselves, the earth round them being occasionally stirred up and kept clear of weeds. in march and april, according to situation, the poppy blooms. in the low grounds the white poppy is by far the most common, but red and purple are also grown. as the capsules form and fill, dressings of liquid manure are given. in april and may the capsules are slit and the juice extracted. the raw juice evaporates into the crude opium of commerce increasing in value as it decreases in weight. mr. spence then goes on to compare the value of the wheat with the opium crop, showing that the cultivation of the latter is just twice as profitable as the former. space will not allow me to give you full extracts on this subject, but, as some portion of it is germane to this part of my lecture, i give a short extract on the point:-- it must be remembered, too, that every single part of the poppy plant has a market value. the capsules, after the juice has been extracted, are sold to druggists, and made into medicine; oil is expressed from the seeds, and largely used for lighting and adulterating edible oils; the oil-cake left in the oil-press is good manure, as are also the leaves; and the stalks are burnt for potash. against these advantages opium is subject to a rent, and requires, for profitable cultivation, plenty of manure; whereas wheat, when followed by a summer crop, pays little or no rent, and gets, in general, no manure. into the relative profits of opium and wheat both mr. baber and mr. parker have gone very carefully, and their results correspond, in the main, with my own observations. i will now give you a short account of opium-culture in the province of yunnan, a more inaccessible part of china still perhaps than szechuan. mr. e. colborne baber, like mr. spence, belongs to the diplomatic service, and is now the secretary of the british legation at peking. all that i have stated as to mr. spence applies alike to him. he is a gentleman in whom the most implicit confidence should be placed. in he travelled through western szechuan, having, in his own words, on the morning of the th july in that year, passed the western gate of ch'ung-ch'ung "full of the pleasurable anticipations which precede a plunge into the unknown." having finished his journey through szechuan, he struck into yunnan, following the route of mr. grosvenor's mission. he has recounted his adventures in a most valuable and interesting book, written in such a pleasing and graphic style, that the reader, when looking at it for reference only, is irresistibly compelled to read further. his book has been published by the royal geographical society, and is well worthy of general perusal. it is one of the few readable books of travel to be met with nowadays. there is very little respecting opium culture in the volume, but what there is upon the subject is very much to the point. this is what he says:-- of the sole agricultural export, opium, we can speak with some certainty. we were astounded at the extent of the poppy cultivation both in szechuan and yunnan. we first heard of it on the boundary line between hupah and szechuan, in a cottage which appears in an illustration given in the work of captain blakiston, the highest cottage on the right of the sketch. a few miles south of this spot the most valuable variety of native opium is produced. in ascending the river, wherever cultivation existed we found numerous fields of poppy. even the sandy banks were often planted with it down to the water's edge: but it was not until we began our land journey in yunnan that we fairly realised the enormous extent of its production. with some fear of being discredited, but at the same time with a consciousness that i am under-estimating-the production, i estimate that the poppy-fields constitute a third of the whole cultivation of yunnan. we saw the gradual process of its growth, from the appearance of the young spikelets above ground in january, or earlier, to the full luxuriance of the red, white, and purple flowers, which were already falling in may. in that month the farmers were trying the juice, but we did not see the harvest gathered. we walked some hundreds of miles through poppies; we breakfasted among poppies; we shot wild ducks in the poppies. even wretched little hovels in the mountains were generally attended by a poppy patch. the ducks, called locally "opium ducks," which frequently supplied us with a meal, do really appear, as affirmed by the natives, to stupefy themselves by feeding on the narcotic vegetable. we could walk openly up to within twenty yards of them, and even then they rose very languidly. we are not, however, compelled to believe, with the natives, that the flesh of these birds is so impregnated with laudanum as to exercise a soporific influence on the consumer. they are found in great numbers in the plain of tung-ch'uan, in northern yunnan, and turn out to be the _tadorna vulpanser_. in the same district, and in no other, we met with the _grus cinerea_, an imposing bird, which is also a frequenter of opium-fields. the poppy appeared to us to thrive in every kind of soil, from the low sandy borders of the yang-tyu to the rocky heights of western yunnan; but it seemed more at home, or at any rate was more abundant, in the marshy valleys near yung-ch'uan, at an elevation of seven thousand and sixty feet (seven thousand one hundred and fifty feet according to garnier). i am not concerned here with the projects or prospects of the society for the abolition of opium: _if, however, they desire to give the strongest impetus to its growth in yunnan, let them by all means discourage its production in india_. now i have given you some very important evidence upon the two fallacies before us; but perhaps, after all, the best testimony upon the subject is that of mr. turner himself. he says, at page of his book:-- "everywhere, in all climates, on every soil, in every variety and condition of circumstances throughout that vast empire, the chinese smoke opium, but nowhere do they all smoke. the smokers are but a per-centage, greater or smaller in different places." i quite agree with him on this point. but here the question arises, where is the drug procured which is smoked in every part of the eighteen provinces of this vast empire, equal in extent to europe? surely not from abroad, because that great china authority, sir robert hart, tells us in his yellow book that all the indian and persian opium imported into china is sufficient only to supply one third of one per cent. of the population with a small portion annually of the drug. not from india, because there are many provinces in china--and a province there means a territory as large as great britain--into which a particle of the indian drug has seldom or never been introduced. whence, then, comes the great bulk of the drug to satisfy all these smokers? surely it must be from chinese soil, from the opium fields surrounding their own homes, which are to be seen in every province of the empire. let us now return to the yellow-book of sir robert hart, to which i have referred in the former lecture, and which seems to me to afford all the evidence on this subject that is really wanted. it is admitted on both sides that opium smoking is more or less prevalent throughout every province of china, on every soil, whether in the valleys or on the hills and mountains. sir robert hart sent out a circular to the foreign commissioners of customs at all the treaty ports in china, hainan, and formosa,--two large islands lying respectively off the south and south-east coast of china,--and the returns show that there are many opium-smoking shops in each of these treaty ports, and that the gross quantity of indian and other foreign opium imported into china is about one hundred thousand chests. those returns also reveal the fact that in almost every case foreign opium is used for mixing with the native drug, which is of inferior quality and, there can be no doubt, invariably adulterated; that a large amount of native opium is grown and sold; and that the custom of opium smoking is more or less universal. suppose we take the case of canton, as being a very large city. we may find, perhaps, two or three hundred opium shops there, but the people who attend them are not the better class of chinese. they are exactly the same class of people who frequent the drinking shops of london and other large cities in england. the respectable, well-to-do people in canton, who can afford to keep the drug in their own houses, would not enter an opium shop any more than a respectable person here would frequent a public-house. if a stranger in london looked into the public-houses and saw men and women drinking there, he would come to a false conclusion if he thought that none but such people drank beer, spirits, or wine. we know that in almost every private house here there is more or less liquor of all kinds kept and consumed. the drinking shops furnish a mere indication of the amount of alcoholic liquors drunk in a town. it is exactly the same with the opium shops. they show the prevalence of the custom throughout the country. if you find two hundred opium shops in canton, and i am sure there are not fewer there, you may be not less certain that opium is smoked in the great majority of private and business houses in canton. it is the same in all the treaty ports. the opium-smoking shops in china may be counted by hundreds and thousands, because china is as large as europe, and more populous. sir robert hart's report, although to a certain extent an anti-opium one, is in this and other respects very valuable, and forms in itself a complete answer to the false and unfounded allegations of the anti-opium society. it is not likely that he would exaggerate the amount of opium grown or smoked in china; the inference, indeed, would be that he, as an official of the chinese government, would do just the contrary. there are a great many other important ports in china besides the twenty ports with which foreigners are not allowed to trade, and from which, indeed, they are rigidly excluded; and in the interior of the country there are immense and numerous cities and towns, large, thriving and densely populated, where the opium pipe is used as freely as the tobacco pipe is with us. the provinces in which opium is most grown are szechuan and yun-nan, two of the largest of the eighteen provinces constituting china proper. they are the two great western provinces; but it is also grown in the eastern and central provinces, in fact, more or less, all over the country. though there are no certain statistics, there cannot be a doubt that opium smoking is more prevalent in the interior provinces than on the coast, because it is there that the most opium is grown, and it is but reasonable to infer that where opium is largely cultivated, especially in a country like china, having no railroads, and few ordinary roads, there you will find it to be most cheap and abundant, and therefore most consumed. upon this point i would refer to a most authoritative work by the late lamented captain gill, r.e.,[ ] whose barbarous murder the whole country deplored. at page of vol. ii. captain gill says:-- as we had such vague ideas of the distance before us we were anxious to make an early start, but we were now in yunnan, the province of china in which there is more opium smoked than in any other, and in which it is proportionately difficult to move the people in the morning. there is a chinese proverb to the effect that there is an opium pipe in every house in the province of kweichow, but one in every room in yunnan, which means that men and women smoke opium universally. that is the report of a man who was not only a sagacious and close observer of all that he saw in his interesting journey, but who was wholly impartial and disinterested on the subject of opium smoking. sir robert hart does not purport to give in this book correct returns of the quantity of opium smoked or imported, much less of the quantity grown in china. the replies of his subordinates at the different ports, many of them seven hundred or a thousand miles apart, all concur in speaking of the great difficulties they had in getting any figures at all. they are, therefore, not to be taken as absolutely trustworthy, and sir robert candidly admits that they are mere approximations. before i had seen his book i had made a calculation of the probable number of opium smokers in china, on the assumption that the population of china proper was three hundred and sixty millions, and that the custom was universal, limited only by the means of procuring the drug; and i arrived at the conclusion that there were in china three millions of habitual smokers, and about the same number of occasional smokers. mr. lennox simpson, commissioner at chefoo, in reply to sir robert hart's circular, says, at page of the yellow book: much difficulty has been experienced in eliciting answers to the various questions put to the native opium shops and others, all viewing with suspicion any inquiries made, evidently fearing that some prohibition is about to be put on the trade, or that their interests are in some way to suffer. _hence some of the figures given in the return can scarcely be considered reliable, although every pains has been taken to collect information._ these commissioners are all gentlemen of good standing and education, and they have a great many subordinates under them, so that they possess means of collecting information such as no foreigner, not engaged in the public service of china, could possibly command. mr. francis w. white, the commissioner at hankow, replied: owing to the entire absence of all reliable figures, the amount of opium put down as produced within the province and within the empire yearly, must be taken as approximate only. i have been careful to collect information from various sources, and this has been as carefully compared and verified as means will allow. mr. holwell, the commissioner at kiukiang, wrote: the total quantity of unprepared native opium, said to be produced yearly in the province of kiangsi, i find it next to impossible to ascertain with any degree of certainty. native testimony differs. i will point out by-and-by the reason why these returns are so unreliable. the most extraordinary of them all are the returns of mr. e. b. drew, the commissioner at ningpo, and mr. h. edgar, the commissioner at ichang. the former estimates the entire quantity of native opium grown and consumed in china at two hundred and sixty-five thousand chests, the latter at only twenty-five thousand--less than a tenth of mr. drew's estimate. in the face of all these discrepancies, sir robert hart takes an arbitrary figure, and says, in effect, there is at least as much opium produced in china itself as is imported into china. with the knowledge i have of the chinese and the opium trade generally, from the calculations i have made, and by the light thrown upon the question by sir robert hart's yellow book, and the reports of messrs. spence and baber and others, i am induced to come to the conclusion that two hundred and sixty-five thousand chests is much nearer the mark than a hundred thousand chests. the reason the chinese opium dealers have been so reticent in affording information to the commissioners of customs at these treaty ports is, that they are afraid to do so, fearing if they gave correct information, they might in so doing furnish to the mandarins reasons for "squeezing" them, or for placing taxes and other restrictions on their trade; for the government officials in china, from the highest to the lowest, are, as i have before said, the most corrupt, cruel, and unscrupulous body of men in the whole world. mr. storrs turner has told us that the chinese government is a paternal one, exercising a fatherly care of its people, and always exhorting them to virtue. nothing can be more fallacious than this. theoretically, there is much that is good in the system of government in china, but practically it is quite the reverse. there is little sympathy between the supreme government and the great body of the people. the emperor, his family, and immediate suite, are all tartars, quite another race from the chinese, differing totally in customs, manners, dress, and social habits. the governors or viceroys are pretty much absolute sovereigns within their own provinces. each has under him a host of officials, commonly known as mandarins, who are generally the most rapacious and corrupt of men; their salaries, in most cases, are purely nominal, for they are expected to pay themselves, which they well understand how to do. their system of taxation is irregular and incomplete, and the process of squeezing is openly followed all over the country. there is nothing a chinese dreads so much as disclosing his pecuniary means, or, indeed, any information that might furnish a clue to them. if he admitted that he cultivated fifty acres of opium, or bought a hundred pikuls of opium in a year, his means and his profits could be arrived at by a simple process of arithmetic, and although he might feel sure that, so far as sir robert hart and the foreign commissioners under him were concerned, no wrong need be apprehended, yet he is so distrustful and suspicious, that he would fear lest the facts should reach the ears of the higher chinese officials through the native subordinates in the commissioners' offices. a chinaman, therefore, will never tell the amount or value of his property, or the profits he is making by his business. he fears being plundered; that is the simple fact. i know a respectable man in hong kong, the possessor of considerable house property there, a man who would be called wealthy even in england. some years ago, when at canton, where he had a house, a mandarin suddenly arrested and put him into prison. what a chinese prison is you will find in dr. gray's book. it is not the place where a paternal government ought to house the worst of criminals, or even a wild beast. the man had committed no crime, and had done nothing whatever to warrant this treatment; in vain he asked what he had been imprisoned for, and demanded to be confronted with his accusers, if there were any. his gaolers shrugged their shoulders and gave him no answer. he was kept there for two or three months. ultimately he received a hint, which he recognized as an official intimation, that unless he came down handsomely, as the phrase is, and that speedily, he would lose his head. he took the hint, made the best bargain he could, and ultimately had to pay seventy thousand dollars, or about fourteen thousand pounds, for his release. there never was any accusation brought against him. i knew another man, living at swatow, who had made a great deal of money in trade. he bought a large piece of foreshore at that place, which he reclaimed and turned into profitable land. a military mandarin living there thought him a fair object for a squeeze; the same process was gone through as in the case i have before mentioned; but this man, not having the same wisdom as the other, held fast to his dollars. the result was that a false charge of kidnapping, alleged to have been committed twenty years before, was brought against him, and he was taken out and beheaded. that is the way money is raised by the governors and their subordinates in china. so much for mr. turner's benign and paternal government. there is no regular income tax in china, but there is a property tax levied in the way i have mentioned. the chinese authorities will let a man go on making money for many years, and when they think he has accumulated sufficient wealth for their purpose, they pounce down upon him and demand as much as they think they can extort. that is the reason the chinese opium dealers are so reticent when inquiries are made concerning opium. if the commissioners at the treaty ports had got fair returns, i have no doubt that it is not a hundred thousand pikuls of native opium that sir robert hart would have estimated as the quantity of opium grown in china, but probably four or five times that amount. here, again, i must quote from mr. spence's report. nothing can possibly show better the prevalence of opium smoking in the provinces of szechuan and yunnan and hupah, they being about equal in extent to france, spain, and portugal. this is what he says on the prevalence of opium smoking in those provinces:-- before giving an estimate of the amount of opium produced in szechuan, i must refer, in explanation of the large figures i shall be obliged to use, to the extraordinary prevalence of the habit of opium smoking in western hupei, in szechuan, and in yunnan. it prevails to an extent undreamt of in other parts of china. the roman catholic missionaries, who are stationed all over szechuan to the number of nearly one hundred, and who, living amongst the people, have opportunities of observation denied to travellers, estimate that one-tenth of the whole male adult population of the province smoke opium. mr. parker, after travelling all over the thickly-settled parts of the province, estimates the proportion of smokers thus:-- per cent. labourers and small farmers small shopkeepers hawkers, soldiers merchants, gentry officials and their staffs actors, prostitutes, thieves, vagabonds i agree with mr. parker that the proportion of smokers varies in different classes according to their means and leisure, but i feel sure his estimate of the per-centage amongst the labouring classes is much too low. one of the most numerous class of labourers in china is the coolie class, day labourers who live by picking up odd jobs, turning their hands to any kind of unskilled work that may be offered. certainly more than half of them smoke. of the labouring classes who are not "coolies," as a whole this much may be said--they only have money at stated intervals; and when out of a gang of forty or fifty workmen or sailors only four or five smoke opium, it does not mean that only ten per cent. are smokers. in all probability half of the whole gang squandered their wages the day they got the money, and have nothing left to buy opium or anything else until the job or voyage for which they have been engaged is finished. for example, of my junk crew on my voyage to chungking, only four smoked opium regularly, but seven others who had spent all their wages before we started smoked whenever i gave them a few cash. the total abstinence of a british sailor at sea for months on end proves nothing; it is what he will do when he has ten pounds in his pocket, and is in a street with fifteen public-houses, that decides his sobriety. so of workmen in the west of china, a large number smoke opium when they have money, and do the best they can when they have none. whatever be the exact per-centage of the opium smokers in szechuan in the whole population, it is many times larger than in the east. now, after all this absolutely irrefutable testimony, many might think it unnecessary to go further. they little know, however, how strong a hold fanaticism takes of the human mind; they little think how difficult it is to eradicate a fascinating lie from the mind, once its glittering meretricious form has got hold of it and supplanted wholesome truth. i have, therefore, to deal not only with those whose minds are as a sheet of white paper, but with those in whom the fallacious seeds that beget error and fanaticism have been sown and taken firm root. i will now give you an extract from sir rutherford alcock's paper, which is deserving of careful study:-- i may say here, that although most of the staple arguments and misleading opinions on opium and its disastrous effects come from the missionaries in china, whose good faith i do not question, there is no stronger protest against exaggerated and sensational statements on record than has been supplied by one of their number, the late dr. medhurst, of whom it has been truly said, he was "one of the most able, experienced, zealous missionaries in china." opposed in principle to the opium trade in all its aspects, his statements will be readily accepted as unimpeachable evidence. the following remark appears in an official paper, forwarded to the chief superintendent of trade of hong kong in . alluding to a speech of an american missionary who had visited england, and was reported to have told the british public "that the smokers of the contraband article have increased from eight to fifteen millions, yielding an annual death harvest of more than a million," and further characterizing the traffic as "staining the british name in china with the deepest disgrace," dr. medhurst observes, "_such statements do great harm; they produce a fictitious and groundless excitement in the minds of the religious and philanthropic public at home, while they steel against all reasonable and moderate representations the minds of the political and mercantile body abroad. the estimate given has not even the semblance of truth; it is an outrageous exaggeration._" and yet in a memorial presented to lord clarendon by two distinguished and justly respected noblemen, the earls of shaftesbury and chichester, on the extent of the opium trade in , these, and still more "outrageous exaggerations" appear with the authority of their names. lord shaftesbury officializes the estimate that twenty millions of chinese are opium smokers, and assumes that of this number one-tenth, that is, two millions, die yearly, and states it as "an appalling fact." appalling, indeed! but what if it be a mere figment of the imagination, and absolutely devoid, as dr. medhurst says, of a semblance of truth? this is the way the benevolent british public have been cajoled and misled for the last twenty years, or more, by opium-phobists. no wonder that the anti-opium society can raise fifty thousand pounds so easily, for the british public is a benevolent one, and will subscribe its gold readily where what they believe a proper object presents itself. sad, indeed it is, that in the present case its munificence represents, not merely so much money lost, but vast sums recklessly squandered in a mischievous agitation, that whilst it tends to sap and ruin one of the loveliest of all virtues--that charity that endureth long and is kind--paralyses missionary labour, prejudices the trade and revenue of our great indian empire, and defames our country in the eyes of the whole world. sad, sad also to see that venerated nobleman, lord shaftesbury, after his long and honourable career, and so many other good and eminent men, made the victims of such miserable delusions. i think it is now clear, both from the testimony i have adduced, and from mr. turner's own admission, that the poppy is not only indigenous to china, but that it has been cultivated there from time immemorial, and that opium is smoked generally throughout china, the only limit to its use being the means of procuring the drug. lecture iii. in my last lecture i dealt with the fallacy that the poppy is not indigenous to china, but has recently been introduced there presumably by british agency, and that opium smoking in china was confined to a small percentage of the people, which had been steadily increasing since the introduction into china of indian opium. i now proceed to discuss fallacy number , which is, that "_opium smoking is injurious to the system, more so than spirit drinking_." i think i shall be able to show most clearly that exactly the reverse is the case. with this it will be convenient to take fallacy number , which is a kindred one, namely, that "_opium smoking and opium eating are equally hurtful_." this fallacy lies at the root of the opium controversy, for it alone has enabled the anti-opium agitators to give plausibility to their teaching and to obtain some hold, as they lately had, upon the public mind. there is, in truth, about as much difference in the two practices as there is between drinking, say, a pint of ardent spirits and bathing the surface of one's body with the same stimulant. before proceeding further, it may be stated that opium is admitted by physicians in all countries to be an invaluable medicine, for which there is no known substitute. mr. storrs turner says that from the time of hippocrates to the present day it has been the physician's invaluable ally in his struggles against disease and death. pereira thus describes the drug:-- opium is undoubtedly the most important and valuable remedy of the whole materia medica. for other medicines we have one or more substitutes, but for opium none,--at least in the large majority of cases in which its peculiar and beneficial influence is required. its good effects are not, as is the case with some valuable medicines, remote and contingent, but they are immediate, direct, and obvious, and its operation is not attended with pain or discomfort. furthermore it is applied, and with the greatest success, to the relief of maladies of everyday occurrence, some of which are attended with acute human suffering. this is the description given of opium in dr. quain's _dictionary of medicine_ recently published:-- opium and morphia naturally stand first and still hold their place as our most potent and reliable narcotics, all the more valuable because almost alone in their class they are also endowed with powerful anodyne action, in virtue of which they may relieve pain without causing sleep. valuable as it is in all forms of insomnia, opium is especially indicated in typhus fever and other acute disorders, when delirium and prolonged wakefulness seem to endanger life. the principal drawback to opium is the digestive disturbance following its use, and the fact that, as toleration is very rapidly established, gradually increasing doses are needed to check the counteracting influence of habit. the anti-opium society and their followers allege that dram-drinking is not only less baneful than opium-smoking, but they say that the latter practice so injures the constitution, and has such extraordinary attractions for those who indulge in it, that it is impossible to get rid of the habit, and that, in effect, whilst drunkards can be reformed, opium smokers cannot. this is absolutely untrue. the reverse is much nearer the mark. the effect upon the system of constant spirit drinking, leaving actual drunkenness and its consequences aside, is that it produces organic changes in the system, by acting upon what medical men call the "microscopic tissues," of which the whole human frame is made up; also poisoning the blood, which then, instead of being a healthy fluid coursing freely through the frame and invigorating the entire system, flows sluggishly, producing organic changes in the blood vessels, inducing various diseases according to the constitution and tendencies of the individual. three of the most usual diseases to which the habitual dram drinker is subject are liver disease, fatty degeneration of the heart, and paralysis. there is not a medical student of three months' experience who could not, if you entered a dissecting-room, point you out a "drunkard's liver." the moment he sees that object he knows at once that the wretched being to whom it belonged had, by continued indulgence in alcohol, ruined his constitution and health, and brought himself to an untimely end. there is another serious consequence arising from habitual drinking. not only does the habit irreparably ruin the general health so that cure is impossible, but it induces insanity, and i believe i am not beyond the mark in stating that fifty per cent. at the least of the lunatics in our various asylums throughout the country have become insane from over-indulgence in alcohol. dr. pereira, in his celebrated _materia medica_, states that out of one hundred and ten cases occurring in male patients admitted into the hanwell lunatic asylum in , no fewer than thirty-one were ascribed to intemperance, while thirty-four were referred to combined causes of which intemperance was stated to be one; and yet mr. turner and his disciples say that spirit drinking is a lesser vice than opium smoking! i need not remind you of the consequences to others besides the actual victims to spirit drinking, for that is unfortunately told too eloquently and but too vividly brought before us every day in the public newspapers. you will find that those acts of violence, those unfortunate cases that make one shudder to read, happening daily in this country--kicking wives, sometimes to death, beating and otherwise ill-using helpless children, violently attacking unoffending people in the streets--all are the results, more or less, of spirit drinking. even the missionaries admit that opium smoking does not produce any of these evils. as i have said before, truth is natural to the human mind, and will reveal itself, even where it is not directly relevant to the purpose. mr. turner does not venture to dispute this in his book, and i would call your attention to the passage. he says on page :-- even between drunkenness and opium smoking there are perceptible distinctions. we must allow that opium smoking is a much more pacific and polite vice. the opium sot does not quarrel with his mate nor kick his wife to death; he is quiet and harmless enough while the spirit of the drug possesses him. that is all true so far as the fact goes, but if an insinuation is intended that the chinaman gets violent after the effect of the drug has passed away, there is no foundation for it in fact. the chinaman takes opium just because he likes it, and knowing it will act at once as a pleasing sedative and a harmless stimulant. a man who is working hard all day in a tropical climate, whether at bodily or mental work, finds, towards the close of the day, his nervous system in an unsettled state, and looks for a stimulant, and the most harmless and most effectual one he can find is the opium pipe. when opium and opium smoking are better understood--and i believe the subject is now but imperfectly known by most medical men in this country--i feel convinced that the faculty will largely prescribe opium smoking, not merely as a substitute for dram drinking, but as a curative agency, that in many cases will be found invaluable. in this i am borne out by an eminent medical authority, to whom i shall refer by-and-by. the regular and habitual opium smoker is seldom or never found to indulge in spirits at all. stimulants of all kinds are so freely taken here that people never look upon them as a poison; but in point of fact they are a terrible poison, and a very active one, too. another medical work of very great authority is that by dr. taylor.[ ] it has always received the greatest attention in courts of law; and it is also held in the highest estimation by the medical profession. at page , under the head of "poisoning by alcohol," he says:-- the stomach has been found intensely congested or inflamed, the mucous membrane presenting in one case a bright red, and in another a dark red-brown colour. when death has taken place rapidly, there may be a peculiar odour of spirits in the contents; but this will not be perceived if the quantity taken was small, or many hours have elapsed before the inspection is made. the brain and its membranes are found congested, and in some instances there is effusion of blood or serum beneath the inner membrane. in a case observed by dr. geoghegan, in which a pint of spirits had been taken and proved fatal in eight hours, black extravasation was found on the mucous membrane of the stomach; but no trace of alcohol could be detected in the contents. the action of a strong alcoholic liquid on the mucous membrane of the stomach so closely resembles the effect produced by arsenic and other irritants, as easily to give rise to the suspicion of mineral irritant poisoning. a drawing in the museum collection of guy's hospital furnishes a good illustration of the local action of alcohol. the whole of the mucous membrane of the stomach is highly corrugated and is of a deep brownish-red colour. _of all the liquids affecting the brain this has the most powerful action on the stomach._ a case of alcoholic poisoning of a child, æt. seven, referred to me by mr. jackaman, coroner for ipswich, in july , will serve to show the correctness of this remark. a girl was found at four o'clock in the morning lying perfectly insensible on the floor. she had had access to some brandy, which she had swallowed from a quartern measure, found near her empty. she had spoken to her mother only ten minutes before, so that the symptoms must have come on very rapidly. she was seen by mr. adams four hours afterwards. she was then quite insensible, in a state of profound coma, the skin cold, and covered with a clammy perspiration. there had been slight vomiting. the child died in twelve hours, without recovering consciousness, from the time at which she was first found. so far dr. taylor, a most competent authority on the subject, as showing what a poison alcohol is. now alcohol, as i have before mentioned, effects an organic change in the system, which opium, if smoked, or even if eaten does not; and when spirits are indulged in to a very considerable extent, the disease produced is absolutely incurable, because it is impossible for any medical skill to give a man new tissues, new blood, a new stomach, or a new liver, where the whole substance and material of all has undergone a complete and ruinous change. now, the case as regards opium is totally different, because, no matter how much one may indulge in opium, whether in eating or smoking, the effects produced are always curable. this is so as regards opium eating; in respect to the infinitely less exciting practice of opium _smoking_, the rule applies with very much greater force. a man may smoke opium inordinately until, from want of appetite and impaired digestion, he seems sinking into the grave; he is, however, only labouring under functional derangement, which is always curable. the use of opium in any form produces no organic change in the system whatever. excessive eating or smoking opium may impair the appetite and digestion, but that will be all. i have very competent medical authority for saying this. this fact places opium and alcohol in two entirely different categories. the one, if eaten in moderation, is, i believe, harmless, if not beneficial; while, as to the smoking of the drug, it is absolutely innocuous;--but if alcohol be freely though not inordinately used, it will prove, sooner or later, destructive to the system, acting upon the frame as a slow poison, which must eventually end, as experience shows, in ruin and death. de quincey tells us in his _confessions_ that he ate opium with impunity for eighteen years, and that it was only after eight years _abuse_ of opium eating that he suffered in any way from the practice. i will now give you another extract from dr. pereira's book. at page , under the heading "consequences of habitual drunkenness," he says:-- the continued use of spirituous liquors gives rise to various morbid conditions of system, a few only of the most remarkable of which can be here referred to. one of these is the disease known by the various names of _delirium tremens_, _d. potatorum_, _oinomapria_, &c., and which is characterized by delirium, tremor of the extremities, wakefulness, and great frequency of pulse. the delirium is of a peculiar kind. it usually consists in the imagined presence of objects which the patient is anxious to seize or avoid. its pathology is not understood. it is sometimes, but not constantly, connected with or dependent on an inflammatory condition of the brain, or its membranes. sometimes it is more allied to nervous fever. opium has been found an important agent in relieving it. insanity is another disease produced by the immoderate and habitual use of spirituous liquors. now i do not think that, much as they have abused opium smoking, any of the anti-opium writers have ever alleged insanity to be an effect or concomitant of opium smoking. it must therefore be taken as generally admitted that opium smoking, or even opium eating, does not produce insanity. we have, then, this undisputed fact, viz. _that insanity and acts of violence do not result from opium smoking, whilst they are unquestionably produced by spirit drinking_. i had recently some conversation on the subject of opium with a medical friend who has been in large practice in london, for twenty years. i had previously spoken to him frequently on the same subject, and he has been kind enough to give me his views in a very interesting and concise manner. this opinion, i may tell you, is not paid for, or prepared merely to support a particular purpose, as in the case of trials in the law courts. it is purely spontaneous. we all know that professional men, whether doctors, lawyers, surveyors, and others, are all more or less prone to take the views of the party requiring their services, and they, accordingly, will give opinions more or less coinciding with those views. it does not, however, follow that the persons doing so are guilty of any moral wrong, or that they write or state what they do not believe to be true; on the contrary, they have a complete faith in the statements they make. the natural bent of the mind is to lean towards the views urged by one's patient or client; and thus two physicians or lawyers of the highest standing and character will be found to hold different opinions. but this statement with which i have been furnished stands on an entirely different footing. there can have been no bias in the mind of the writer; it is simply the result of study and experience. i have the most perfect confidence in this gentleman's opinions. he is mr. william brend, m.r.c.s. he says:-- there is no organic disease traceable to the use of opium, either directly or indirectly, and whether used in moderate quantities or even in great excess. in other words, _there is no special disease associated with opium_. functional disorder, more or less, may be, and no doubt is, induced by the improper or unnecessary use of opium; but this is only what may be said of any other cause of deranged health, such as gluttony, bad air, mental anxiety.... however great the functional disorder produced by opium, even when carried to great excess, may be, the whole effect passes off, and the bodily system is restored in a little while to a state of complete health, if the habit be discontinued. alcohol, when taken in moderation, unquestionably benefits a certain number of individuals, but there are others whose systems will not tolerate the smallest quantities; it acts upon them like a poison. but in the case of all persons when alcohol is taken in excess disease is sooner or later produced; that disease consists of organic changes induced in the blood-vessels of the entire system, more especially the minute blood-vessels called the capillaries; these become dilated, and consequently weakened in their coats, and eventually paralyzed, so that they cannot contract upon the blood. the result of this is stagnation, leading to further changes still, such as fatty degeneration of all the organs; for it must be remembered that alcohol circulates with the blood, and thus finds its way into the remotest tissues. the special diseases referrable to alcohol, besides this general fatty degeneration, are the disease of the liver called "cirrhosis," and very frequently "bright's disease of the kidneys." here, then, we have a great and important difference between opium and alcohol. the second great difference grows out of the first. it is this:--i have said that if alcohol be taken in excess for a certain length of time, depending to some extent upon the susceptibility of the individual, organic change, that is disease, is inevitable; but the saddest part of it is that it is real disease, not merely functional disorder; so that if those who have yielded to that excess can be persuaded to abandon alcohol entirely the mischief induced must remain. the progress of further evil may be staved off, but the system can never again be restored to perfect health. _the demon_ has taken a grip which can never be entirely unloosed. herein there is the second great difference between the use of opium and of alcohol in excess. if what i have said of opium eating be true, common sense will draw the inference that opium smoking must be comparatively innocuous, for used in this way, a very small quantity indeed of the active constituents find their entrance into the system. its influence, like tobacco, is exerted entirely upon the nervous system, and when that influence has passed off it leaves (as also in the case of tobacco) a greater or less craving for its repetition; but as organic disease is not the result, i see no reason why opium smoking in moderation necessarily degrades the individual more than does the smoking of tobacco. here i will give you another extract from mr. storrs turner's book, which tells against his case very strongly indeed. how he came to insert it i can only understand on the principle i have already mentioned, that truth is inherent to the human mind and will reveal itself occasionally even though it has to struggle through a mountain of prejudice and of warped understanding. this is it, from the evidence of dr. eatwell, first assistant opium examiner in the bengal service; it will be found on page :-- having passed three years in china, i may be allowed to state the results of my observation, and i can affirm thus far, that the effects of the abuse of the drug do not come very frequently under observation, and that when cases do occur, the habit is frequently found to have been induced by the presence of some painful chronic disease, to escape from the sufferings of which the patient has fled to this resource. that this is not always the case, however, i am perfectly ready to admit, and there are doubtless many who indulge in the habit to a pernicious extent, led by the same morbid impulses which induce men to become drunkards in even the most civilised countries; but these cases do not, at all events, come before the public eye. it requires no laborious search in civilized england to discover evidences of the pernicious effects of the abuse of alcoholic liquors; our open and thronged gin-palaces, and our streets afford abundant testimony on the subject; but in china this open evidence of the evil effects of opium is at least wanting. as regards the effects of the habitual use of the drug on the mass of the people, i must affirm that no injurious results are visible. the people generally are a muscular and well-formed race, the labouring portion being capable of great and prolonged exertion under a fierce sun, in an unhealthy climate. their disposition is cheerful and peaceable, and quarrels and brawls are rarely heard amongst even the lower orders; whilst in general intelligence they rank deservedly high amongst orientals. i will, therefore, conclude with observing, that the proofs are still wanting to show that the moderate use of opium produces more pernicious effects upon the constitution than does the moderate use of spirituous liquors; whilst, at the same time, it is certain that the consequences of the abuse of the former are less appalling in their effect upon the victim, and less disastrous to society at large, than are consequences of the abuse of the latter. could any evidence against the allegations of the anti-opium society be stronger than this? have i not now a right to say, "out of the mouth of thine own witness i convict thee!" my own observation goes to show that opium smoking is far more fascinating than opium eating, and that the opium smoker never relapses into the opium eater. opium eating, as i think i have already stated, is unknown in china. i think these statements put the question as regards opium smoking, opium eating, and spirit drinking in a very different light to what the advocates of the anti-opium society throw upon the subject. the latter talk of the importation of indian opium into china as the origin of the custom of smoking the drug, or, at the least, that it has made the natives smoke more than they otherwise would have done. there is no truth in such representations. let us take the year , for instance, and adopting the figures given by sir robert hart, and concurred in by the british merchants, which i take to be quite correct, that the amount of opium imported into china from india was in that year one hundred thousand chests, each chest weighing a pikul, which would amount to about six thousand tons. distribute those six thousand tons over the whole of china, which, as i have before so often said, is as large as europe, and with a population amounting to three hundred and sixty millions, and you will find it gives such a trifling annual amount to each person, that sir robert hart cannot mark from its use any damage to the finances of the state, the wealth of its people, or the growth of its population. in the united kingdom, where we have less than a tenth of the population of china, there were two hundred thousand tons of alcohol--whisky, gin, brandy--and one thousand and ninety millions four hundred and forty-four thousand seven hundred and sixteen gallons of wine and beer consumed in that year. if all these spirits, wine, and beer were mixed up so as to form one vast lake--one huge "devil's punch-bowl"--there would be sufficient liquor for the whole population of the united kingdom to swim in at one time. but if the tears of all the broken-hearted wives, widows, and orphans that flowed from the use of the accursed mixture were collected, they would produce such a sea of sorrow, such an ocean of misery as never before was presented to the world. yet philanthropists and christian people in this country give all their time, energies, and a great deal of their money to put down this purely sentimental grievance in china, and shut their eyes to the terrible evils thundering at their own doors! the whole purpose of mr. storrs turner's book, and of the anti-opium society, is to write down opium smoking in china, with the ultimate view of suppressing the indo-china opium trade; and no man living is better aware than mr. turner that opium eating is not a practice with the chinese; indeed, i doubt if it is known in china at all. yet, knowing all this, he puts forward the outrageous theory that opium smoking and opium eating are equally injurious; it therefore becomes a matter of the first importance that the great difference between these two practices should be clearly shown. in the appendix to mr. turner's book there is a mass of evidence, of which a large portion is quite beside the question, for it applies exclusively to opium eating--a practice, i assert and will clearly show, is totally different from, and a thousand times more trying to the constitution than opium smoking. dr. ayres says that opium smokers can smoke in one day as much opium as would, if eaten, poison one hundred men, and dr. ayres is a very great authority on the subject; for not only has he a large practice among the better classes of chinese, all of whom are, more or less, opium smokers, but his daily duties bring him into contact with the criminal classes, who are most prone to excessive sensual indulgence of this kind. this is what dr. ayres says upon the subject in his article in the _friend of china_:-- as regards opium smoking, no prisoner who confessed to be an opium smoker has been allowed a single grain in the gaol. neither has he had any stimulant as a substitute, and i do not find there has been any evil consequence in breaking off this habit at once, nor that any precaution has been necessary, further than a closer attention to the general health. several very good specimens of opium smokers have come under observation; one was the case of a man whose daily consumption had been two ounces a day for nineteen years, and who was allowed neither opium nor gin, nor was he given any narcotic or stimulant. for the first few days he suffered from want of sleep, but soon was in fair health, and expressed himself much pleased at having got rid of the habit.... in my experience, the habit does no physical harm in moderation. in the greatest case of excess just mentioned at the gaol, a better-nourished or developed man for his size it would be difficult to see. so far as regards opium _eating_, the best medical authorities are divided as to whether opium eating or drinking in moderation is injurious to the system at all. in any case, opium eating is not the question before us, nor the subject of these lectures, which is opium smoking in china. mr. storrs turner gives, in his appendix, at page , extracts from some statements of lieut.-col. james todd, who says:-- this pernicious plant (the poppy) has robbed the rajpoot of half his virtues, and while it obscures these it heightens his vices, giving to his natural bravery a character of insane ferocity, and to the countenance which would otherwise beam with intelligence an air of imbecility. that entirely relates to the _eating_ of the drug by the rajpoots of india, and has no connection or analogy to opium smoking by the chinese. there is another quotation on the same page from dr. oppenheim, given in pereira's _materia medica_ as follows:-- the habitual _opium eater_ is instantly recognised by his appearance: a total attenuation of body, a withered, yellow countenance, a lame gait, &c. and so on. this, as you see, applies to opium eating only. there are many other instances of the effects of such use of opium given in the appendix, which, after these two quotations, it is useless to further repeat. indeed, so far as relevancy to his subject goes, mr. storrs turner might just as well have introduced into his book medical or other testimony as to the effects of gluttony or spirit drinking. it suits his purpose, however, to mix up the two practices, so as to confuse and mislead his readers. dr. oppenheim's statement, by the way, is completely refuted by dr. sir george birdwood, a distinguished physician, whose long residence in bombay,--where there is a chinese colony, most, if not all, of whom are habitual smokers of the drug,--and whose thorough acquaintance with the effects of opium eating and opium smoking, entitle his testimony to the very highest consideration. again, at p. of mr. turner's volume, reference is made to de quincey's book on opium eating, intituled, "the confessions of an english opium eater." could anything be more disingenuous than this? de quincey was an opium eater, not an opium smoker. here is the passage from mr. turner's book to which i have referred:-- those "confessions," which are not confessions, but an _apologia pro vitâ suâ_, an elaborate essay to whitewash his reputation and varnish over the smirching blot of a self-indulgent habit by a glitter of a fascinating literary style. now did anyone ever hear of such an extraordinary explanation of de quincey's motives in publishing that volume? de quincey, he says, in effect, was ashamed of the practice of opium eating, and wrote the book as an excuse for his conduct, so horrible, disgraceful, and debasing, according to mr. storrs turner, is--not opium eating, observe you, but--opium smoking. how fallacious are such arguments i think i shall make apparent to the most simple mind. if a man has the misfortune to have contracted a disgraceful habit, such, for instance, as over-indulgence in spirit drinking, the very last thing he would think of doing is to publish a book upon the subject, and thus acquaint the whole world with his infirmity. yet this is what mr. turner alleges against de quincey. but, in point of fact, he is altogether wrong in supposing that de quincey was ashamed of opium eating; if he had been, he unquestionably would not have written his book, which, by the way, is one of the most fascinating volumes in our literature. previous to the publication of it, probably there were not half a dozen people who knew that he, de quincey, was an opium eater, and in the preface to the work, he says, "that his self-accusation does not amount to a confession of guilt." i know mr. turner to be a gentleman utterly incapable of wilfully acting disingenuously, much less of stating intentionally what he knew to be untrue; but he is so blinded by prejudice, his naturally clear intellect is so warped and distorted, and his faculties and reasoning powers are so perverted, by this opium question, and his duties towards the anti-opium society, that he either does not see the difference between the two things,--opium smoking and opium eating,--or, aware of that difference, thinks himself justified in classing them together, as they both proceed from opium, and thus he would persuade himself and his readers that they are equally baneful. but in this book of his he takes de quincey, the opium eater, who confesses to having eaten three hundred and twenty grains a day, and compares him with an opium-smoking chinaman who smoked one hundred and eighty grains a day; the difference between eating three hundred and twenty grains and smoking one hundred and eighty grains a day being about as a thousand is to one, in fact, in such case it would be simply the difference between life and death; and yet mr. storrs turner would strive to mix up the two practices, so that the incautious reader might infer that the effects of the one were as injurious as those of the other. such is the class of arguments with which the anti-opium society and its credulous supporters have been satisfied, and upon which the whole religious world, the country, and the legislature are called upon to come to the rescue of injured humanity, and abolish this indo-china opium trade. now, as de quincey is on the _tapis_, i cannot refrain from exposing a very disgraceful piece of deception which has been practised upon the public by some of the agents or supporters of the anti-opium society since the first edition of my lectures appeared. this work of de quincey, as i have intimated, is a very entertaining book; it is the first of a series of fourteen volumes by the same author, published in by the eminent firm of adam and charles black, of edinburgh; the price of each volume is two shillings, which is very moderate indeed, taking the character and quality of the letterpress, the paper, and general "get up" into account, for, as for the copyright, it has expired. although mr. storrs turner has mis-described the book as a penitential effort on the part of de quincey, i am afraid that the effect of its perusal on most readers would be to induce them rather to become opium eaters than repel them from the practice, as will be manifest from an extract which i shall shortly give the reader. the truth is, de quincey, who knew human nature very well, lived by his pen, and was actuated more by the desire to amuse than reform his readers--for, say as you will, a well presented comedy will be always more popular with the multitude than a tragedy, however skilfully performed. now, i am far from impugning the main features of our author's "confessions," but in saying that in writing this very fascinating and original book he went extensively into the picturesque, and drew largely on his imagination, no person who will afford himself the pleasure of reading the book can, i think, deny. now, some very zealous agent or advocate of the anti-opium society, fearing that the effect of this work of de quincey's--brought as it has been into notice in connection with this controversy by mr. turner's and my own book--might be to induce the reading public to think that opium, after all, was not so terrible a drug as the anti-opium agitators represent, has set himself to the ignoble task of so garbling the work, and importing into it other matter of his own, as to represent opium eating as the most terrible, fearful, and demoralizing practice in the world, and then printing the concoction and flooding the country with the impudent travesty at the very moderate charge of one penny. all the entertaining and diverting passages have been suppressed, and some wretched stuff inserted. it is called on the title page "the confessions of an opium eater; the famous work by thomas de quincey. copyright edition." the whole is nothing more than a burlesque--and a very bad one indeed--of the real volume. in the first place, there is a lie upon the face of it, as the copyright has expired, and it is not in any respect a copy of the original; and secondly, it barely contains one-sixth of the matter of the actual volume, and has "counterfeit" stamped upon every page. it was exposed at the various book-stalls of messrs. w. h. smith and son, in london, and, i believe, also throughout the country. i myself bought two copies at the charing cross station a few months ago, but i believe the delectable piece of literary forgery has since been withdrawn. i daresay, however, it has, to a great extent, answered its purpose, _i.e._ to poison the minds of its readers on the opium question, by making it appear that opium is a terrible poison, and that the smoking of it is more injurious than the excessive indulgence in alcohol. this "pious fraud" has done a grievous wrong to the memory of a great english author, thomas de quincey--whose pure and classic english adorns our language--and also an injury to the general public who have advanced their money for the penny lie upon false pretences. the whole affair is just as defensible a proceeding as that of some tenth-rate dauber who, having copied (?) a masterpiece of sir joshua reynolds, or some other great master of the english school, had the miserable caricature oleographed, and flooded the country with the imposture, in the hope of inducing the public to believe that true copies of the originals were offered to them. but these anti-opium fanatics do not stick at trifles, and, in their insane desire to make right appear wrong, do not hesitate to defame the dead and vilify the living. i have mentioned this incident to show my readers the unscrupulous efforts these people will resort to in order to impose their fictions upon the public. now, leaving de quincey and his book for the present, let us see what dr. ayres says upon the difference between opium eating and opium smoking. in his article in _the friend of china_, from which i have already quoted, he says:-- i have conducted my observations with much interest, as the effects of opium eating are well known to me by many years' experience in india, and i have been surprised to find the opium smoker differs so much from the opium eater. _i am inclined to the belief that in the popular mind the two have got confused together. opium smoking bears no comparison with opium eating._ the latter is a terrible vice, most difficult to cure, and showing rapidly very marked constitutional effects in the consumer. dr. ayres was quite right, the two have got mixed up together, thanks to mr. storrs turner and his confrères. to further explain the difference between opium eating and opium smoking, let us take the familiar instance of tobacco smoking. it is not, i think, generally known that tobacco, taken internally, is a violent and almost instantaneous poison. a very small quantity of it admitted into the stomach produces speedy death, and it is a wonder to some medical men that its use has not been made available by assassins for their foul and deadly purposes. tobacco has no medicinal properties; it is simply known to chemists and physicians as a poison. its alkaloid, or active principle, is nicotine, a poison of so deadly and instantaneous a nature as to rank with aconite, strychnine, and prussic acid. of the four, indeed, it takes the lead. in taylor's "medical jurisprudence," to which i have already referred, it is laid down at page , under the head of "poisoning by tobacco":-- the effects which this substance produces when taken in a large dose, either in the form of powder or infusion, are well marked. the symptoms are faintness, nausea, vomiting, giddiness, delirium, loss of power in the limbs, general relaxation of the muscular system, trembling, complete prostration of strength, coldness of the surface with cold clammy perspiration, convulsive movements, paralysis and death. in some cases there is purging, with violent pain in the abdomen; in others there is rather a sense of sinking or depression in the region of the heart, passing into syncope, or creating a sense of impending dissolution. with the above-mentioned symptoms there is dilatation of the pupils, dimness of sight with confusion of ideas, a small, weak, and scarcely-perceptible pulse, and difficulty of breathing. poisoning by tobacco has not often risen to medico-legal discussion. this is the more remarkable as it is an easily accessible substance, and the possession of it would not, as in the case of other poisons, excite surprise or suspicion. in june, , a man was charged with the death of an infant, of ten weeks, by poisoning it with tobacco. he placed a quantity of tobacco in the mouth of the infant, with the view, as he stated, of making it sleep. the infant was completely narcotized, and died on the second day.... tobacco owes its poisonous properties to the presence of a liquid volatile alkaloid, _nicotina_. whilst under the head "nicotine," on the same page, he says:-- this is a deadly poison, and, like prussic acid, it destroys life in small doses with great rapidity. i found that a rabbit was killed by a single drop in three minutes and a half. in fifteen seconds the animal lost all power of standing, was violently convulsed in its fore and hind legs, and its back was arched convulsively. in dr. ure's "dictionary of arts, manufactures, and mines," it is laid down, at page , under the head of "nicotine":-- this alkaloid is the active principle of the tobacco plant.... nicotine is a most powerful poison, one drop put on the tongue of a large dog being sufficient to kill it in two or three minutes. so much for tobacco and its alkaloid as deadly poisons; yet we all know that, unless indulged in to an inordinate extent, tobacco smoking is a perfectly harmless practice, almost universally indulged in; the exception now being to find a man, young or old, gentle or simple, who is not a tobacco smoker. most of our greatest thinkers, philosophers, poets, statesmen, and mathematicians smoke it, and in most cases, i believe, with advantage. indulged in moderately, it does no injury to the constitution, but i should rather say its effects are curative and beneficial; you will rarely find a heavy tobacco smoker a drunkard or even a spirit drinker. yet this plant, which gives comfort and delight to millions of people, is a deadly poison if taken internally in even a minute quantity in its natural or manufactured state. so it is with opium; the habitual eating of it may be injurious, but the smoking is not only innocuous, but positively beneficial to the system. it is a complete preservative against dram drinking and drunkenness, for whilst it produces similar but far more agreeable effects on the nervous system than wine, it does not, like alcohol, poison the blood, destroy the health, and lead to ruin, disgrace, and death. of course, opium-smoking, like every other luxury--tea, wine, spirits, beer, tobacco--may be abused, but the few who indulge excessively are infinitesimally small as compared with the many who abuse the use of alcoholic liquors. as to opium eating, an overdose produces death, but the opium smoker can indulge in his luxury from, morning till night without any apparent injury. it is plain, therefore, that opium smoking and opium eating cannot be classed in the same category at all, but stand apart quite separately and distinctly. i may here again appropriately refer to sir wilfrid lawson's speech at the anti-opium meeting at newcastle. in the course of his remarks, the speaker referred with some humour to an anti-tobacco-smoking society, a once active organization. at a meeting of this body held at carlisle, it appears that the chief orator,--an energetic person, with wonderful powers of imagination and a fluent tongue, quite another mr. storrs turner--having exhausted his power of vituperation in denouncing the virginian weed and its terrible effects upon its votaries, alleged in particular that tobacco smoking tended to shorten human life, but here he was interrupted by one of the audience, a jovial middle-aged north countryman, who said, "i don't know that mr. lecturer, for my father smoked till he was eighty!" "ah!" exclaimed the other, quite equal, as he thought, to the occasion, "your father's case was an exceptional one; he was an unusually strong, healthy man. anyone who sees you, his hale, hearty son, must know that. had he not been a tobacco smoker he would have lived much longer." "i don't know that either," returned the countryman, "for he is alive and well and still smokes tobacco." now had sir wilfrid delivered that speech at a meeting formed to protest against the theories of the anti-tobacco society, he would assuredly have scored; but, as matters stood, i must claim his speech as one made in favour of my views upon the opium question; for, to use a famous formula, i would say to the honourable baronet, "would you be surprised to hear that i can produce to you, not only an aged father and son who are opium smokers, but a father, son, and grandson all living who follow that practice, and have done so all their lives without injury to health?" but enjoyable as tobacco smoking may be, i contend that, to the asiatic at least, opium smoking is not only a more agreeable but also a far more beneficial practice. tobacco has no curative properties, but is simply a poison; opium is the most valuable medicine known; where all other sedatives fail its powers are prominent. as an anodyne no other medicine can equal it. there is one property peculiar to opium, that is that it is non-volatilizable, or nearly so. if a piece of opium is put on a red-hot plate, it will not volatilize; that is, it will not disappear in the form of vapour, which by chemical means can be preserved in order to resume or retain its original character. but it will be destroyed by combustion; the heat will consume it in the same manner as it would destroy a piece of sugar or any other non-volatilizable body; whereas a substance that is volatilizable, like sulphur, on being subjected to the same process, instead of being destroyed, is simply given out in vapour, and by proper means may be caught again and reformed in the shape of sulphur. so when you place opium into a pipe and put the pellet to the lamp, the effect of the combustion is to destroy the active property of the opium; the smoker takes the smoke thrown off into his mouth, which he expels either through the mouth or nostrils. the only way, therefore, he can get any of the active property of the opium into his system is by smoking it like tobacco. now tobacco, on the contrary, is volatilizable, but the poison is so volatile, and escapes so freely through the bowl of the pipe in the shape of vapour, and is so rapidly expelled from the mouth, that no harm is produced by the process of smoking the deadly poison, the natural recuperative power of the frame neutralizing the effects of the noisome vapour. the difference between opium and tobacco smoking appears to be this:--in the one case you take into your mouth the mere smoke of a valuable aromatic drug, which, when passed into the stomach in proper quantities as a medicine, has powerful curative properties, the smoke when expelled leaving no substance behind it, but in its passage exerting a pleasant and perfectly harmless stimulating effect upon the nerves. in the case of tobacco, the fumes with the volatilized substance of a foul and poisonous weed having no curative properties whatever, and having the most loathsome and offensive smell to those who have not gone through the pain and misery necessary to accustom themselves to them, is taken into the mouth. nicotine, the alkaloid of tobacco, is simply a deadly and rapid poison, useful only to the assassin. morphia, the alkaloid of opium, is only poisonous when taken in an excessive quantity; whether used internally or injected under the skin, it is the most wonderful anodyne and sedative known. i fully believe that, when medical men come to study opium and opium smoking more fully, it will become the established opinion of the faculty that opium smoking is not only perfectly harmless, but that it is most beneficial, so that it may ultimately not only put down spirit drinking, but perhaps supersede, to a great extent, tobacco. but few medical men in this country have as yet made opium a special study. they only know its use and properties as described in the british pharmacopeia; many even of those who have practised in the parts of india where the drug is eaten do not, it seems, as yet fully understand all its properties. dr. ayres himself admits that he was astonished after his arrival in hong kong to find the great difference between the effects of smoking and eating the drug. i may here remind my readers that we have, or had once, an anti-tobacco-smoking society, just as there is now an anti-opium-smoking society. the former had so many living evidences of the absurdities alleged by its supporters against the use of tobacco, that the agitation was laughed down and has either died a natural death or has only a moribund and spasmodic existence; but had the place where the alleged enormity of tobacco smoking was practised been africa, i think the society would have died a much harder death, or at all events shown more vitality. the anti-opium society would have shared the same fate long ago were it not that the scene of all the alleged evils is china, ten thousand miles away, and the witnesses against their absurd allegations live the same distance from us. but still, believe me, the anti-opium society's days are numbered: it is doomed, and, like the anti-tobacco craze, will be numbered soon amongst the things that were. i flatter myself that in the delivery and publication of these lectures i have given the agitation a heavy blow and great discouragement. i had some time ago the advantage of reading a very interesting and remarkable letter in the "times" by sir george birdwood, to whom i have already referred; he has had more than fourteen years' experience in india as a medical man, and has made the opium question a special study. i think his testimony is worth a great deal more than that of any layman, however learned or talented; the one has both theoretical and practical knowledge of his subject, the other at best is only a theorist. believe me, the roman poet knew human nature well when he said, "trust the man who has experience of facts." the paper, which is a learned and interesting one, is too long to read, but here is an extract from it:-- my readers can judge for themselves from the authorities i have indicated; but the opinion i have come to from them and my own experience is, that opium is used in asia in a similar way to alcohol in europe, and that, considering the natural craving and popular inclination for, and the ecclesiastical toleration of it and its general beneficial effects, and the absence of any resulting evil, there is just as much justification for the habitual use of opium in moderation as for the moderate use of alcohol, and indeed far more. sir benjamin brodie is always quoted as the most distinguished professional opponent of the dietetical use of opium; but what are his words (_psychological enquiries_, p. ):--"the effect of opium when taken into the stomach is not to stimulate, but to soothe the nervous system. it may be otherwise in some instances, but these are rare exceptions to the general rule. the opium eater is in a passive state, satisfied with his own dreamy condition while under the influence of the drug. he is useless but not mischievous. it is quite otherwise with alcoholic liquors." opium smoking, which is the chinese form of using the drug--for which the indian government is specially held responsible--is, to say the least in its favour, an infinitely milder indulgence. as already mentioned, i hold it to be absolutely harmless. i do not place it simply in the same category with even tobacco smoking, for tobacco smoking may, in itself, if carried into excess, be injurious, particularly to young people under twenty-five; but i mean that opium smoking in itself is as harmless as smoking willow-bark or inhaling the smoke of a peat-fire or vapour of boiling water.... i have not seen surgeon-general moore's recent paper on opium in the _indian medical gazette_, but i gather from a notice of it quoted from the _calcutta englishman_, in the _homeward mail_ of the th of november last, that it supplies a most exhaustive and able vindication of the perfect morality of the revenue derived by the indian government from the manufacture and sale of opium to the chinese. he quotes from dr. ayres, of hong kong: "no china resident believes in the terrible frequency of the dull, sodden-witted, debilitated opium smoker met with in print;" and from consul lay:--"in china the spendthrift, the man of lewd habits, the drunkard, and a large assortment of bad characters, slide into the opium smoker; hence the drug seems chargeable with all the vices of the country." mr. gregory, her majesty's consul at swatow, says dr. moore never saw a single case of opium intoxication, though living for months and travelling for hundreds of miles among opium smokers. dr. moore directly confirms my own statement of the chinese having been great drunkards of alcohol before they took to smoking opium. i find also a remarkable collection of folk-lore (_strange stories from a chinese studio_, by herbert a. giles), evidence in almost every chapter of the universal drinking habits of the chinese before the introduction of opium among them, notwithstanding that the use of alcohol is opposed to the cardinal precepts of buddhism. what dr. moore says of the freedom of opium smokers from bronchial thoracic diseases is deserving of the deepest consideration. i find that, on the other hand, the chinese converts to christianity suffer greatly from consumption. the missionaries will not allow them to smoke, and, as they also forbid their marrying while young, after the wise custom, founded on an experience of thousands of years of their country, they fall into those depraved, filthy habits, of which consumption is everywhere the inexorable witness and scourge. when spitting of blood comes on, the opium pipe is its sole alleviation. now dr. birdwood is not only well informed upon the opium question, but is certainly one of the ablest opponents of the anti-opium agitation who has yet appeared. his letters in the "times" created quite a sensation, and so alarmed mr. storrs turner that he left no means untried to neutralize their effects. at this point a bright idea occurred to him. finding that there was a general consensus of opinion against him amongst english medical men and other competent authorities that the outcry against opium was groundless, he hit upon the brilliant expedient of discrediting them all, by the assertion that englishmen are so prejudiced that they are not to be believed. this is what he says on the subject in his famous article in the _nineteenth century_ having in a previous passage imagined a case in which china was the plaintiff and great britain the defendant:-- the baneful effects of the opium vice are established by universal experience. one may apply to it the theological maxim _quod semper quod ubique, quod ab omnibus_. two considerations will show that the opposition of a few dissentient voices does not detract from the general conclusion. most of these are quite clear on the point that opium is bad for everybody but chinese. they would be horrified at the suggestion that opium should be freely used in england and approve the efforts or supposed efforts of the indian government to keep it out of the way of the natives of india. on another point these dissentients are all alike; _every one of them is prejudiced in favour of the defendant in the case before us. they are all englishmen._ no french or german medical man, no single chinese authority has been quoted to testify to the innocence of opium. some of these apologists are opium merchants, who aver that the drug by which they make their wealth is a boon and a blessing to china; or it is a gentleman employed in the india office who considers opium smoking as safe as "twiddling one's thumbs." could the force of folly or fanaticism go further than that? all englishmen are prejudiced. i wonder, did it ever occur to mr. storrs turner that _he_, being an englishman, might be a little prejudiced also--on the other side of the question. yes; dr. ayres, dr. eatwell, surgeon-general moore, dr. birdwood, and a host of other eminent medical men standing in the front rank of their profession, sir rutherford alcock, mr. colborne baber, mr. w. donald spence, and others are not to be believed--because they are englishmen! were they germans or frenchmen, they would, of course, be entitled to the fullest credence. like the priest and prophet of crete, mr. storrs turner holds that all his countrymen are liars.[ ] but, stay, do i not remember that gentleman's holding a select conference of english medical men, about october , when certain resolutions were drawn up condemnatory of opium? surely, yes. the invitations were issued by the earl of shaftesbury. i should like to ask mr. storrs turner were the medical and other gentlemen then present englishmen or foreigners? if i do not greatly err they were _all_ englishmen. does mr. storrs turner consider those gentlemen worthy of credit? i rather think he does: so that mr. turner's creed runs thus: "englishmen are to be believed so long as they agree with me on the opium question. when they differ from me on that subject they are not to be believed at all." mr. turner is fond of treating his readers to theological maxims. i will now give him a legal one which, i think, is applicable to his case. it runs thus, translated into plain english: "_he is not to be heard who alleges things contrary to each other_." of course, the reader has seen that mr. turner's sneer at "the gentleman employed in the india office," is at sir george birdwood, whose pungent articles in the _times_ have inflicted such damage on his cause, and whose efforts in the interests of common sense and truth he would wish to suppress. as mr. turner's tastes are exotic, i will furnish him now with some _foreign_ testimony that may perhaps astonish him. for many years previous to , don sinibaldo de mas had been the envoy-extraordinary and minister plenipotentiary of the court of spain at pekin. that nobleman had travelled much in china, india, java, borneo, and malacca, having learned the chinese language the better to enable him to utilize his travels in those places. in he published a book[ ] in the french language on china and the chinese, making special reference to the opium question, to which he has devoted one very interesting chapter exclusively. the book was brought out in paris, and has never, that i am aware of, been translated into english. now about the last person from whom one would expect to obtain testimony of the kind is a spaniard. yet so it is. this book of don sinibaldo de mas is, indeed, one of the most powerful vindications of british policy in india and china that has yet been written. i hardly think even mr. storrs turner can accuse this gentleman of partiality, or object to his testimony as being influenced by personal motives. this is part of what he says on the subject:-- i may say, in the first instance, that personally neither as a private individual nor as a public functionary have i ever been in the slightest degree interested in this (opium) trade, for be it noted that spanish vessels have never imported into china a single chest of opium. i consequently approach this subject with complete impartiality. i have known the chinese at calcutta, singapore, penang, malacca, manila, and in many parts of their own country, where i acquired a sufficient knowlege of the chinese language to enable me to converse with the natives and make myself fully acquainted with the opium question, which i believe i understand, and may be considered thoroughly unbiassed in my opinions. opium has been preached against and denounced as a veritable poison, and it has been looked upon as a crime in those who have made the drug an object of commerce or gain. a memorial embodying those views, signed by many missionaries and supported by the earl of chichester, was presented to queen victoria. a meeting was also held in london, composed of philanthropic gentlemen, presided over by the earl of shaftesbury, when a petition to the queen embodying the same object was drawn up; this document i shall refer to more particularly later on. lastly, some members of the house of lords and commons spoke against the sale of opium. on the other hand, christian merchants established in china, many men of eminence, such as sir j. f. davis and others of the highest respectability, have maintained that the smoking of this drug has less deletorious effects than the use of fermented liquors. i will endeavour to explain this question in all good faith and impartiality. in the maritime towns of india, malacca, java, the philippines, borneo, and sooloo the chinese are at liberty to smoke opium where and when they please, and can buy it cheaper than they can in canton or shanghai, not to mention the inland towns: yet it is a well-known fact that in all these countries, notwithstanding their unwholesome climates, the opium-smoking chinese are remarkably healthy and strong. these very opium smokers are employed as farm labourers, masons, and porters, enduring great fatigue and performing the most arduous labours; they have acquired such an excellent reputation as colonists that efforts have been made during the last few years to induce them to settle in lima and cuba. the percentage of deaths amongst these people does not exceed the usual rate, and i must confess that having known numbers of chinese emigrants in the various countries i have mentioned, i have never heard of a single death or of any serious illness having been caused by opium smoking. it was only on my first arrival in china that i was made aware of the dire effects this narcotic is said to produce, and that the vapour inhaled by opium smokers was designated a poison; _i must add that in none of the different parts of china which i have visited has it come to my knowledge that death has resulted from opium smoking_. having asked several natives whom i thought worthy of credence whether they had ever heard of a death having occurred from the habit, they answered me that it might have happened to a very inordinate smoker, but only in the event of his being suddenly deprived of the indulgence. one chinaman related how he had witnessed such a case. he had known an inveterate opium smoker who had become extremely poor, and was found insensible and almost lifeless; some good-natured person passing by puffed some fumes of opium into his mouth, which immediately seemed to revive him, and enabled him shortly to smoke a pipe himself, which most effectually recalled him to life. i admit that opium is in itself a poison, but let me ask what changes does not fire produce in the various substances which it consumes? i should like to know what does mr. storrs turner think of that. here is a highly-educated spanish gentleman, speaking chinese well, living amongst the natives, studying their habits, especially as regards their use of the opium pipe, declaring that the practice is innocuous. now, supposing that instead of smoking opium these chinese in malacca, java, borneo, and the philippines were addicted to the habitual use of spirits, wine, or even beer, instead of opium, can any intelligent being suppose for a moment that they would be the patient, strong, healthy, hard-working people that don sinibaldo de mas found them, and which they still are? let us refer to mr. w. donald spence's testimony as to the _effects_ of opium. i quote again from his report of the trade of ichang for :-- as to the effect of this habit on the people, amongst whom it is so widespread, there is but one opinion. baron richthofen, the most experienced traveller who ever visited szechuan, after noticing the extraordinary prevalence of the habit, says:--"in no other province except hunan did i find the effects of the use of opium so little perceptible as in szechuan." mr. colborne baber, who knows more of the province and its people than any living englishman, says: _nowhere in china are the people so well off, or so hardy, and nowhere do they smoke so much opium_. to these names of weight i add my own short experience. i found the people of szechuan stout, able-bodied men, better housed, clad, and fed, and healthier looking than the chinese of the lower yang-tsze. i did not see amongst them more emaciated faces and wasted forms than disease causes in all lands. people with slow wasting diseases such as consumption are, if they smoke opium, apt to be classed amongst the "ruined victims" of hasty observers, and amongst the cases of combined debility and opium smoking i saw, some were, by their own account, _pseudo_-victims of this type. there were some, too, whose health was completely sapped by smoking combined with other forms of sensual excess. and no doubt there were others weakened by excessive smoking simply, for excess in all things has its penalty. but the general health and well-being of the szechuan community is remarkable; to their capacity for work and endurance of hardship, as well as to the material comforts of life they surround themselves with, all travellers bear enthusiastic testimony. now, allow me to ask the reader, can he suppose for a moment that if the people of szechuan were prone to spirits, or even to beer drinking, in the same way as they are given to opium smoking, should we have the same results? would those people be "so well off and so hardy," so stout, able-bodied, and so much "better housed, clad, and fed, and healthier looking than the chinese of the lower yang-tsze?" i think not. what, then, is the fair conclusion to draw from such a state of things? why, only that opium smoking is a harmless if not a beneficial practice, unless when indulged in to an inordinate extent, which, it is now plain, is entirely exceptional. i think i am not far from the truth in saying that for one excessive opium smoker to be met with in china you will find in this country a hundred cases, at the least, of excessive indulgence in alcohol--the effects of this being incurable, whilst it is quite otherwise as regards excessive indulgence in opium. the inference, then, i think, is that so far as regards any evil effects from opium smoking, they are out of the range of practical politics and should be relegated to the region of sentiment alone. i will now give you a passage from a valuable work by the learned dr. j. l. w. thudichum, lecturer to st. george's hospital,[ ] which will throw a good deal of light upon this part of my subject. at pp. and of the second volume he says:-- the medical uses of opium have been so well known through all historical times that it is a matter for surprise to find that they are not better appreciated in the present day. in this, as in many other matters, we are in fact only gradually emerging from the condition of those dark times during which, amongst many good things, the knowledge of opium, for example, was lost.... these and other considerations led me to look about for a more convenient mode of producing the effects of morphia without its inconveniences or even dangers. i know from the experiments of descharmes and benard (_compt. rend._, , ) that in opium-smoking a portion of the morphia is volatilized and undecomposed, and i therefore experimentalized with the pyrolytic vapours of opium, first upon myself, then upon others; and when i had made myself fully acquainted with the chinese method of using the drug, i came to the conviction that here one of the most interesting therapeutical problems had been solved in the most ingenious and at the same time in the most safe manner. i held in my hand a power well-known and used largely by eastern races, yet its use neglected, ignored, denounced, and despised by the entire western world. in other and non-professional words, dr. thudichum has found opium smoking not only harmless but a valuable curative practice. as to chinese evidence on this question i could, had i thought proper, have adduced the testimony of some really trustworthy chinese merchants and traders, which would have fully borne out all that i have stated as to the innocuous effects of opium smoking. i have refrained from doing so, because such evidence, however strong and reliable, would, i feel assured, be impugned as untrustworthy by the agents of the anti-opium society and missionaries, who on their part would, no doubt, in the best faith and with good intentions, i admit, bring out counter testimony of so-called christian converts and other natives of a wholly unreliable character. one of these persons, called kwong ki chiu, styling himself "late a member of the chinese educational commission in the united states," has written, or purported to have written, from hartford, in connecticut, a letter on this question to the _london and china telegraph_. the statements in this document are exaggerated, misleading, and, in many respects, actually untrue. i doubt very much if the letter was ever, in fact, written by a chinaman at all, and suspect it was produced either here in london by some agent or advocate of the anti-opium society and forwarded to mr. kwong ki chiu for signature, or that it was written by some american missionary. at any rate, it is plain that the writer has no real knowledge of the subject of his letter. to prove this is so it is only necessary to refer to one passage, in which the writer proceeds to show that opium is to a beginner more alluring than tobacco or spirits. he says:-- there is this also to be said as to the difference between the two stimulants: opium is much the more stimulating, and therefore more dangerous. it is also much more agreeable and fascinating. not every person likes the taste of liquor; the flavour of tobacco is agreeable to very few persons at first: _but everyone, of whatever nationality, finds the fragrance of the smoking opium agreeable and tempting, so that i have no doubt that if opium shops were opened in london as in china, the habit would soon become prevalent even among englishmen_. now this is not true. every foreigner who has lived in china knows it to be quite the opposite. during my long residence in hong kong i have never known a single instance of an englishman, or any other foreigner, being an opium smoker, although i have met with many who had smoked a few pipes by way of experiment. all have assured me that the vapour was nauseous, and produced no pleasurable sensations whatever. the fact that europeans dislike the fumes of opium, and never indulge in the opium pipe, shows that mr. kwong ki chiu, who has doubtless been since his childhood under missionary tutelage, and therefore interdicted from the use of the drug, knows nothing reliable upon the subject he writes about so glibly. at a proper time and place, i should be prepared to treat mr. storrs turner to such native testimony upon this subject as would make him open his eyes very wide and put him and his disciples to confusion and flight. let me now give you an extract from a despatch of sir henry pottinger, formerly her majesty's governor-general and minister plenipotentiary in china, written by him some fifty years ago to the principal secretary of state for foreign affairs. it is very important, showing, as it does, the pains that have been taken by her majesty's government at home and her representatives in china so long ago to ascertain if there were any truth in the theory that opium smoking was injurious to the health and morals of the chinese:-- i cannot admit in any manner the idea adopted by many persons that the introduction of opium into china is a source of unmitigated evil of every kind and a cause of misery. personally, i have been unable to discover a single case of this kind, although, i admit that, when abused opium may become most hurtful. besides, the same remark applies to every kind of enjoyment when carried to excess; but from personal observations, since my arrival in china, from information taken upon all points, and lastly, from what the mandarins themselves say, i am convinced that the demoralization and ruin which some persons attribute to the use of opium, arise more likely from imperfect knowledge of the subject and exaggeration, and that not one-hundredth part of the evil arises in china from opium smoking, which one sees daily arising in england as well as in india from the use of ardent spirits so largely taken in excess in those countries. i may now appropriately give you the promised extract from de quincey's _confessions_. i recommend it to the notice of sir wilfrid lawson. the distinction which he draws between alcoholic intoxication and the excitement produced by opium eating is instructive and entertaining. he says:-- two of these tendencies i will mention as diagnostic, or characteristic and inseparable marks of ordinary alcoholic intoxication, but which no excess in the use of opium ever develops. one is the loss of self-command, in relation to all one's acts and purposes, which steals gradually (though with varying degrees of speed) over _all_ persons indiscriminately when indulging in wine or distilled liquors beyond a certain limit. the tongue and other organs become unmanageable: the intoxicated man speaks inarticulately; and, with regard to certain words, makes efforts ludicrously earnest yet oftentimes unavailing, to utter them. the eyes are bewildered, and see double; grasping too little, and too much. the hand aims awry. the legs stumble and lose their power of _concurrent_ action. to this result _all_ people tend, though by varying rates of acceleration. secondly, as another characteristic, it may be noticed that, in alcoholic intoxication, the movement is always along a kind of arch; the drinker rises through continual ascents to a summit or _apex_, from which he descends through corresponding steps of declension. there is a crowning point in the movement upwards, which once attained cannot be renewed; and it is the blind, unconscious, but always unsuccessful effort of the obstinate drinker to restore this supreme altitude of enjoyment which tempts him into excesses that become dangerous. after reaching this _acme_ of genial pleasure, it is a mere necessity of the case to sink through corresponding stages of collapse. some people have maintained, in my hearing, that they had been drunk upon green tea; and a medical student in london, for whose knowledge in his profession i have reason to feel great respect, assured me, the other day, that a patient, in recovering from an illness, had got drunk on a beef-steak. all turns, in fact, upon a rigorous definition of intoxication. having dwelt so much on this first and leading error in respect to opium, i shall notice briefly a second and a third; which are, that the elevation of spirits produced by opium is necessarily followed by a proportionate depression, and that the natural and even immediate consequence of opium is torpor and stagnation, animal as well as mental. the first of these errors i shall content myself with simply denying; assuring my reader, that for ten years, during which i took opium, not regularly, but intermittingly, the day succeeding to that on which i allowed myself this luxury was always a day of unusually good spirits. with respect to the torpor supposed to follow, or rather (if we were to credit the numerous pictures of turkish opium-eaters) to accompany, the practice of opium-eating, i deny that also. certainly, opium is classed under the head of narcotics, and some such effect it may produce in the end; but the primary effects of opium are always, and in the highest degree, to excite and stimulate the system. this first stage of its action always lasted with me, during my novitiate, for upwards of eight hours; so that it must be the fault of the opium-eater himself, if he does not so time his exhibition of the dose, as that the whole weight of its narcotic influence may descend upon his sleep. first, then, it is not so much affirmed, as taken for granted, by all who ever mention opium, formally or incidentally, that it does or can produce intoxication. now, reader, assure yourself, _meo periculo_, that no quantity of opium ever did, or could, intoxicate. as to the tincture of opium (commonly called laudanum), _that_ might certainly intoxicate, if a man could bear to take enough of it; but why? because it contains so much proof spirits of wine, and not because it contains so much opium. but crude opium, i affirm peremptorily, is incapable of producing any state of body at all resembling that which is produced by alcohol; and not in _degree_ only incapable, but even in _kind_; it is not in the quantity of its effects merely, but in the quality, that it differs altogether. the pleasure given by wine is always rapidly mounting, and tending to a crisis, after which as rapidly it declines; that from opium, when once generated, is stationary for eight or ten hours: the first, to borrow a technical distinction from medicine, is a case of acute, the second of chronic, pleasure; the one is a flickering flame, the other a steady and equable glow. but the main distinction lies in this--that, whereas wine disorders the mental faculties, opium, on the contrary (if taken in a proper manner), introduces amongst them the most exquisite order, legislation, and harmony. wine robs a man of his self-possession; opium sustains and reinforces it. wine unsettles the judgment, and gives a preternatural brightness and a vivid exaltation to the contempts and the admirations, to the loves and the hatreds, of the drinker; opium, on the contrary, communicates serenity and equipoise to all the faculties, active or passive; and, with respect to the temper and moral feelings in general, it gives simply that sort of vital warmth which is approved by the judgment, and which would probably always accompany a bodily constitution of primeval or antediluvian health. thus, for instance, opium, like wine, gives an expansion to the heart and the benevolent affections; but, then, with this remarkable difference, that in the sudden development of kind-heartedness which accompanies inebriation, there is always more or less of a maudlin and a transitory character, which exposes it to the contempt of the bystander. men shake hands, swear eternal friendship, and shed tears--no mortal knows why; and the animal nature is clearly uppermost. but the expansion of the benigner feelings incident to opium is no febrile access, no fugitive paroxysm; it is a healthy restoration to that state which the mind would naturally recover upon the removal of any deep-seated irritation from pain that had disturbed and quarrelled with the impulses of a heart originally just and good. true it is, that even wine, up to a certain point, and with certain men, rather tends to exalt and to steady the intellect; i myself, who have never been a great wine-drinker, used to find that half-a-dozen glasses of wine advantageously affected the faculties, brightened and intensified the consciousness, and gave to the mind a feeling of being "ponderibus librata suis," and certainly it is most absurdly said, in popular language, of any man, that he is _disguised_ in liquor; for, on the contrary, most men are disguised by sobriety, and exceedingly disguised; and it is when they are drinking that men display themselves in their true complexion of character; which surely is not disguising themselves. but still, wine constantly leads a man to the brink of absurdity and extravagance; and, beyond a certain point, it is sure to volatilise and to disperse the intellectual energies; whereas opium always seems to compose what had been agitated and to concentrate what had been distracted. in short, to sum up all in one word, a man who is inebriated, or tending to inebriation, is, and feels that he is, in a condition which calls up into supremacy the merely human, too often the brutal, part of his nature; but the opium-eater (i speak of him simply _as_ such, and assume that he is in a normal state of health) feels that the diviner part of his nature is paramount--that is, the moral affections are in a state of cloudless serenity; and high over all the great light of the majestic intellect. this is the doctrine of the true church on the subject of opium, of which church i acknowledge myself to be the pope (consequently infallible), and self-appointed _legate à latere_ to all degrees of latitude and longitude. but then it is to be recollected that i speak from the ground of a large and profound personal experience, whereas most of the unscientific authors who have at all treated of opium, and even of those who have written professionally on the _materia medica_, make it evident, by the horror they express of it, that their experimental knowledge of its action is none at all. i have now dealt with fallacies , , , and . the fourth mr. turner gravely states in his book--and i am perfectly sure it is accepted as seriously by his fellowers, _that the supply of opium regulates the demand, and not the demand the supply_. he says at pp. , :-- defenders of the [opium] policy vainly strive to shelter it behind the ordinary operation of the trade laws of demand and supply. the operation of these economic laws does not divest of responsibility those who set them in motion at either end; for though it would be absurd to speak of supply as alone creative of demand, _there is no question but that an abundant and constantly sustained supply increases demand whenever the article is not one of absolute necessity_. when silk came by caravans across central asia, and a single robe was worth its weight in gold in europe, the shining fabric was reserved for emperors and nobles, and no demand could be said to exist for it among common people, whereas now the abundant supply creates a demand among all classes but the very poorest. the maid-servant who covets a silk dress may be literally said to have had the demand _created_ in her case, by the ample supply of the material which places it constantly before her eyes and renders it impossible for her to obtain it. only a few years ago there was no demand for newspapers amongst multitudes who are now daily or weekly purchasers of them. in this case the supply of penny and halfpenny journals may be fairly said to have almost alone created the demand. such illustrations might be indefinitely multiplied. after that it may be said that the birmingham jewellers and manchester merchants have only to send out to china any amount they please of their wares, and they will find a ready market, the more the merrier. all their goods will be taken off their hands; they will only have to take care that the prices shall not be too exorbitant, for otherwise, as in the case of the maid-servant, though the chinese working classes may have helped to _create_ the demand, they would be unable to avail themselves of the supply. if that doctrine were sound, a mercantile firm could create as extensive a trade as it desired, and that, too, in any part of the world. instead of sending out fifty thousand pounds worth this year, as it did last, it would have only to export ten times the amount, and still the demand would continue. the fact is, as every man well knows who is not blinded by enthusiasm and looks at the subject by the light of cool reason and common sense, that the effect of sending to china or elsewhere an excessive quantity of merchandise, even though such merchandise were in request there, would have the effect of glutting the market. it is only where the demand exists, and the desire to possess the article, or where the people want a particular class of thing, that the goods can be readily and profitably disposed of. i am sure that if we sent double the quantity of opium that we do to china, or, indeed, three times the amount, it would be readily bought up by the natives, because there is a great demand there for indian opium, owing to its superior strength and better flavour. and it must be remembered that china is a vast empire, and that the natives cannot get as much of the indian drug as they want. i had an opportunity recently of speaking to a german gentleman established here in london, who has been many years in the opium trade generally, who has made opium quite a study, tasting and smelling it, as wine merchants do their wine, and he declares that indian opium has a perfume and aroma that is not found in the chinese or persian drug, and that, in fact, the smell of the one is comparatively agreeable, while that of the others is offensive. this, i believe, is one of the reasons for the chinese liking indian opium. for my own part i must say, that much as i dislike the odour of tobacco, i have a greater aversion still to the effluvium of opium in any form or shape, and i think this is also the case with all europeans. in fact, opium smoking is a practice peculiar to china. nothing proves this so completely as the correspondence between sir robert hart and his various sub-commissioners of customs, as set out in the yellow-book to which i have so often referred. these commissioners say that the indian drug is almost invariably used to mix with the chinese article to flavour and make it, so to speak, the more palatable. the proposition which mr. storrs turner lays down is simply preposterous, and cannot for a moment be sustained. i do not wish to utter an offensive word towards that gentleman personally, whose talents and energy are unquestionable, and whom i hold in great esteem. upon any subject but opium he would be incapable of writing anything but sound sense, but having opium on the brain, he starts theories that are wholly unsustainable, which, i am sorry to say, his devoted followers accept as gospel. but to return to the theory that supply creates the demand. by way of illustration, mr. turner goes on to show that, previous to the removal of the duty on newspapers, there were very few in the country, but that the moment the duty was taken off, they multiplied, which he considers proof that in this case the supply created the demand. that is most fallacious. the demand for newspapers always existed, but, unfortunately, owing to the oppressive taxes upon knowledge to which the press in former times was subjected, the supply was limited. in those days even a weekly newspaper was a great undertaking. an enterprising man in a country town might start such a paper, but after a lingering existence it was almost sure to die, not for want of readers, but because it was so heavily taxed that readers could not afford to buy it, the price then being necessarily high. first there was a penny duty on each copy of the newspaper. next there was a duty of so much the pound upon the raw material, which had to be paid before it left the mill; and then there was a further duty upon every advertisement; so that the unfortunate newspaper proprietor was met with exactions on every side. a copy, even though an old one, of the _times_, or of any of the london morning papers, was in former days eagerly sought for. in his "deserted village," goldsmith, describing the village ale-house, says:-- where village statesmen talked with wit profound, and news much older than their ale went round. and one can imagine an eager group in that ale-house trying to get a glimpse of a london newspaper over the shoulders of the privileged holder. but when these oppressive duties were removed, a different state of things prevailed. the cost of starting and manufacturing a newspaper was reduced to about one-fifth of what it was formerly. every considerable town had its daily and its weekly newspaper, because the demand had always existed, whilst, owing to these prohibitive taxes, there was no supply. the craving for news had always been present, and the moment these prohibitive duties were struck off, the ambitious editor, or proprietor, saw his opportunity and started a paper, not because the supply would create a demand, but because he knew the demand already existed, and he printed just as many as he thought he would find readers for, and no more. had he printed more than was required the excess would have lain on his hands as so much waste paper. but according to mr. turner's theory, the more newspapers he printed the more he would have sold! it will at once be recognised that this theory of supply and demand is simply absurd. if it could be shown to hold water for a moment, china, and other countries also, would be inundated with articles that never were seen there before. there would be no reason why china should not be largely supplied with ladies' bonnets and satin shoes, which, we know, might lie there for a thousand years and never be used. i have brought before you this notable theory of mr. storrs turner's, to show you the utterly worthless kind of arguments with which the british public have been supplied, in order to support the silly, unfounded, and most mischievous agitation against the indo-china opium trade. the next fallacy is number six, namely: _that all, or nearly all, who smoke opium are either inordinate smokers or necessarily in the way of becoming so; and that once the custom has been commenced it cannot be dropped, and that the consumption daily increases_. that is not so at all. it is altogether exceptional to find an inordinate opium smoker; my reasons for saying so i have already given. i am supported in those views by every english resident in china, amongst them by dr. ayres, whose authority is simply unquestionable, and whose opinion on the point i have set out at page . i have known hundreds of men who were in the daily habit of smoking opium after business hours, and they never showed any decadence whatever. opium smoking is never practised during business hours, except by very aged people or the criminal classes. this is an absolute fact. the chinese are too wise and thrifty to while away their time in such luxurious practices during working hours. the opium pipe, as a rule, is indulged in more moderately than wine or cigars are with us, the chinese being so extremely abstemious in their habits. i never saw any such instances of over-indulgence as mr. turner alleges, and i could get hundreds of european witnesses out in china and here in london who would depose to the same fact. frequently have i compared the small shop-keeping and working people of china with the same classes here at home as regards sobriety, industry, and frugality, and always, i regret to say, in favour of the chinese. it is absolutely untrue, as put forward by the anti-opium society and their secretary, mr. turner, that opium is so fascinating that, once a man begins to use it, he cannot leave it off; natives will smoke it, on and off, for two or three days, and not smoke it again for a week or more; but the truth is, the habit is a pleasant and beneficial one, and few who can afford it desire to discontinue smoking. the fact undoubtedly is, that if opium smoking were productive of the terrible results that the missionaries and the anti-opium society allege, china would not be the densely-populated country that it now actually is. china could not have held its own as it has done so long and so successfully had all the people been addicted to such a vice as dram drinking. the true way to look at this aspect of the case is to suppose for a moment that, instead of being "opium sots," as mr. storrs turner puts it, the chinese, "everywhere in china, in all climates and all soils, in every variety of condition and circumstance throughout the vast empire," to adopt that gentleman's own language, drank spirits freely. should we then have the chinese the hard-working, industrious, thrifty, frugal people that we find them? i trow not. intemperance carries with it the destruction of its votaries, but no baneful consequences attend opium smoking. some thirty years ago, as sir rutherford alcock tells us, an american missionary declared that there were twenty millions of opium smokers in china--all, no doubt, induced to that immorality by the british government and people--and that two millions were dying annually from the effects of the vice! this monstrous tale was implicitly believed in by lords shaftesbury and chichester. yet we now have a chinese official, sir robert hart, deliberately telling the government of china, in his official yellow book, that there are but two millions of smokers in the whole empire; that indian opium supplies but a moderate quantity of the drug to but half of that number; and that neither the health, wealth, nor prosperity of the people suffers in consequence. this is what don sinibaldo de mas says upon the subject:-- the most extraordinary of the advocates of the opium trade is the earl of shaftesbury, president of the committee organized in london for the suppression of the traffic. i have not the slightest doubt as to the _bona fides_ and excellent heart of the noble lord. there is something grand and generous in entering the lists for the welfare and protection of a distant and foreign nation, and manfully fighting for it against the interests of one's own country and one's native land. i sincerely admire men of such mettle and the country which can produce them, but i regret that lord shaftesbury did not act with greater caution, and that before entering upon this question he had not studied it more carefully; especially do i regret that he did not adopt a more moderate and dignified tone in the expression of his opinions. had he done so, he would have saved himself from the reproach of having lent his name and sanction to a document disfigured by statistical errors, some of which are opposed to common sense, and also of having given gratuitous and undeserved insults to others who differed from his opinions. he argues in his statement to the queen's government that opium smoking annually kills two millions of people in china. how is it possible that the noble earl could for a moment imagine that every year so many human beings voluntarily commit suicide! two millions of adults who destroy themselves to enjoy a pleasure! does it not strike his lordship how absurd is such an antithesis as pleasure and death? can he believe that human nature in china is different to what it is in europe? is it logical to give publicity to such strange assertions without adducing the slightest proofs. if we inquire into the accusations brought forward against the merchants and growers of opium, we find the same discrepancy and the same injustice. it is a mistake to imagine that the english alone trade in opium, for all foreigners alike, especially the americans, introduce and sell it. lord shaftesbury, in speaking of the value of the opium imported into china, says that the merchants "rob" the chinese. i scarcely know which is the funnier, the idea expressed by the noble earl, or the way in which he expresses it. i can assure his lordship that amongst the merchants who make opium their business there are men of the highest integrity, perfect and most accomplished gentlemen, who not only are incapable of "stealing" anything, but who are equal to any living men in noble sentiments, justice, and practical benevolence; i need only mention one man, and do so because he is not now living. i refer to the late mr. launcelot dent, who, during a most trying and critical time when this question first arose, was considered one of the most interested men in the opium trade.... everyone who has been in china knows the generosity and the charity for which mr. launcelot dent was renowned. having on one occasion travelled from india to europe with him, i saw many of his good deeds, but will only mention one, so as not to wander too far from my subject. a catholic missionary was amongst the steerage passengers; mr. dent having seen this, without saying a word to any person on the subject, took a berth for him in the first cabin and paid the difference, begging me to ask him to take possession. the missionary expressed much gratitude, but said that as he had not a sufficient change of linen he would not feel at home in the state room, especially as there were lady passengers. mr. dent understood the difficulty, and having casually heard that the clergymen intended to proceed to jerusalem, begged of him to accept the sum which the saloon cabin would have cost,[ ] which the poor missionary accepted with heartfelt thanks. i should like to know what mr. storrs turner thinks of that. he objects to british testimony, except when it coincides with his own views. there is the evidence of a spanish nobleman, a scholar, a traveller, and an accomplished diplomatist, for him! i am afraid he will find the foreign testimony quite as unpalatable as the home article. this mr. launcelot dent, by the way, was a member of the eminent firm of dent and co.--since dissolved--which, mr. turner says, in his article in the _nineteenth century_, were "legally smugglers." the next fallacy, number seven, is _that the chinese government is, or ever was, anxious to put a stop to or check the use of opium amongst the people of china_. that is one of the accepted propositions or dogmas of the anti-opium people. there is another fallacy, number ten, which i will dispose of at the same time. it is _that the opposition of the chinese officials to the introduction of opium into china arose from moral causes_. there never was anything more fallacious or more distinctly untrue than that the chinese government is, or ever was, anxious to put a stop to the trade upon moral grounds. the sole object of the government of china in objecting to the importation of indian opium into the country, as i have stated already, and as everybody except the infatuated votaries of the anti-opium society believes, was to protect the native drug, to prevent bullion from leaving the country, and generally to exclude foreign goods. this don sinibaldo de mas points out in his book written some five and twenty years ago. if the chinese government really wanted to put a stop to or check the use of opium, they would begin by doing so themselves. they would first stop the cultivation of the poppy in their own country. we have it on the high authority of sir robert hart, that the drug was grown and used in china long before foreigners introduced any there. the chinese are emphatically a law-abiding people, and if the chinese government really wished to put a stop to the opium culture, they could do so without any difficulty, just as our government has put down tobacco culture in the united kingdom. i suppose that in cornwall and devon, and in some parts of ireland--the golden vein, for instance--tobacco could be grown most profitably. it could be cultivated also in the isle of wight, and in many other parts of the country. why, then, is it not grown here? simply because it is illegal to do so, and the government is strong enough to enforce the law. if a farmer in ireland or in england were to sow tobacco, the fact would be soon discovered, and it would be summarily stopped. the same thing could be done with even greater facility in china. why, then, does not the government of china suppress the cultivation of the poppy there? simply because it does not desire to do so, because it derives a large revenue from opium, both native and foreign, and because the smoking of the drug is an ancient custom amongst the people, known by long experience to be harmless, if not beneficial. if it were possible to put down opium smoking in china, the people would assuredly resort to sam-shu, already so abundant and cheap, and that would indeed cause china's decadence: for then we should have the working classes there indulging in spirits, when the quarrellings, outrages, and kicking of wives to death--which mr. turner admits are never the result of opium smoking--would ensue. i only wish we could turn our drunkards into opium smokers. if the change would only save those wretched wives and their helpless children from ill-treatment by their husbands and fathers, we should have secured one valuable end. no government will attempt to interfere with the fixed habits of the people, especially where those habits have existed many centuries, if not thousands of years, and where they are known to be not injurious to themselves or the safety and stability of the state, and to be, in fact, harmless. we have it from sir robert hart's book, that as far as can be ascertained, the probability is that there is about the same quantity of the drug grown in china as is imported into it. that is admittedly a mere approximation, and sir robert hart gives no data for it, save the returns of his sub-commissioners, each of which differs from the other, and which he admits are not reliable. the information upon which these commissioners made up their returns is simply the gossip collected by them at the treaty ports of china: no doubt the best, and, indeed, the only, information which they could procure. but with the light thrown upon the subject by messrs. baber and spence, and numerous other independent authorities, no one can doubt that there is at least three times the quantity produced in china that is imported from abroad. both the customs and consular reports on trade in china for the year as well as bear testimony to the ever-increasing production of opium in the northern and western provinces of china, and missionaries and others who have recently made journeys in the interior report the poppy crops to be much larger than before the imperial decree purporting to prohibit its cultivation. the report of the customs' assistant-in-charge at ichang for shows that the average annual import of the indian drug at that port does not exceed ten pikuls, while the native production in the ichang prefecture is estimated to be over one thousand pikuls per annum. mr. w. donald spence, in his report on trade for , gives an estimate of the total crop of opium raised in western china in , which is as follows:--western hupeh, two thousand pikuls; eastern szechuan, forty-five thousand pikuls; yunnan, forty-thousand pikuls; and kweichow, ten thousand pikuls; giving a total of ninety-seven thousand pikuls--as much, in fact, for these districts as the whole amount of indian opium imported into china for that year. what his report for is i have already shown you. this, it must be borne in mind, is the production of western china only. in shantung, chihli, the inland provinces, and manchuria it is extensively grown, and in all the other provinces smaller quantities of the drug are produced. that nothing is being done to check this widespread cultivation of the poppy is notorious. messrs. soltan and stevenson, who passed through yunnan last year on their way from bhamo to chingkiang, described the country as resembling "a sea of poppy"; and mr. spence tells us that in and a greater breadth of land was sown with poppies in western hupeh than in the previous years. in manchuria, which is a large territory forming part of the empire to the north-east of china, and in the northern provinces of china proper, there was also a general increase in the area under poppy cultivation. no efforts, in fact, are being made to stop it. on this subject mr. spence, in his report for , remarks:-- in western hupeh there has been no interference with opium farmers or opium cultivation by the officials, nor, as far as i have been able to ascertain, by any of the authorities of the provinces named in this report. in yunnan it receives direct official encouragement, and in all the cultivation is free. its production is regarded as a fertile source of revenue to the exchequer, of pelf to officials and smugglers, of profit to farmers and merchants, and of pleasure to all. nearly everybody smokes, and nearly everybody smuggles it about the country when he can; and in this matter there is no difference between rich and poor, lettered and unlettered, governing and governed. after this testimony, which is corroborated in the strongest manner by many other and equally disinterested persons, who can pretend to say that the chinese government has any real desire to put down the poppy cultivation? let us now see what don sinibaldo de mas has to say upon this point. having gone into the history of the indo-chinese opium trade, and shown that the sole object of the chinese government in objecting to that trade was to prevent bullion from leaving the country, he says:-- it is totally wrong to suppose that the mandarins are anxious to prevent the introduction of opium into the country. many of these mandarins smoke it; most of them, if not all, accept presents and close their eyes at opium smuggling. with the exception of the famous lin-tsi-su and a few others who reside at court, all the others, and i think even ki-ying himself, have profited by this illegal traffic. sir i. f. davis when in china as minister plenipotentiary frequently called ki-ying's attention to the smuggling that was being carried on under the connivance and encouragement of rural officials. i referred in my last lecture to a valuable paper read by sir rutherford alcock at a recent meeting of the society of arts. everybody knows this gentleman's abilities and his high character, which afford the most perfect assurance that he would be incapable of asserting anything that he did not know from his own experience, or from unquestionable sources, to be true. he speaks also with authority. he may be taken to be, therefore, a perfectly unbiassed witness. he has no personal interest in the question, and there is no reason why he should state anything but what is perfectly accurate. he says, in the paper i have mentioned:-- whatever may have been the motive or true cause, about which there hangs considerable doubt, it is certain that neither in the first edicts of - , nor as late as - , when several imperial edicts were issued against the introduction of opium from abroad, no reference whatever is made to the _moral ground_ of prohibition, so ostentatiously paraded in later issues, and notably in li hung chang's letter to the anglo-opium society last july. the reasons exclusively put forward in the first of these edicts (in ) were that "it wasted the time and property of the people of the inner land, leading them to exchange their silver and commodities for the vile dirt of the foreigner." and as late as , when memorials were presented to the emperor, showing the connection of the opium trade with the exportation of sycee, they generally regarded the question in a political and financial character, rather than a moral light; and certainly, in several edicts issued between and , when lin made his grand _coup_, there is little, if any, reference to the evils of opium smoking, but very clear language as to the exportation of bullion. when we reflect that this "vile dirt," as i will presently show, was being extensively cultivated in the provinces of china, and largely consumed by his own subjects, we may be permitted to question whether the balance of trade turned by the large importation of opium, and the leakage of the sycee silver, so emphatically and angrily pointed to in after years, was not the leading motive for the prohibition of the foreign drug. we have it on authority, that "from the commencement of the commercial intercourse down to - the balance of trade had always been in favour of the chinese, and great quantities of bullion accumulated in china. since that date the balance of trade had been in the opposite direction, and bullion began to flow out of china. as silver became more scarce, it naturally rose in value, and the copper currency of the realm (and the only one), already depreciated by means of over-issues and mixture of foreign coin of an inferior standard, appeared to suffer depreciation when compared with its nominal equivalent in sycee; and the effects of this change fell heavily upon a large and important class of government officers, and ultimately upon the revenue itself. memorials were presented to the emperor on the subject, and the export of sycee was prohibited." how, after that, it can be said for a moment that the chinese government was actuated by moral considerations, or was really anxious to put down opium smoking or opium culture, i cannot conceive. the truth is, and it is so palpable that it really seems to me to require no advocacy whatever, that the government, as sir rutherford alcock and don sinibaldo so strongly put it, does not like to see so much bullion leaving the country. now, sir rutherford alcock, unlike the missionaries and the agents of the anti-opium society, has acquired his knowledge of opium and the opium trade in the regular course of his ordinary duties, and has necessarily, therefore, acquired an authentic knowledge of the subject. his testimony, like that of messrs. spence, baber, and a host of other unimpeachable witnesses, comes under the head of the "best evidence." but it is said of sir rutherford by the agents of the anti-opium society, with the view of discrediting his testimony, that he has changed his opinions; that formerly he was opposed to the trade which he now defends. i do not believe there is any solid truth in this assertion; but if there is, what does the fact prove? why, simply nothing at all. show me the public man who during the past forty or fifty years has not altered or modified his opinions more or less. sir robert peel, one of the greatest of modern statesmen, when he was past sixty years of age, changed the opinions he had held all his life upon free trade. was he right or wrong in doing so? if sir rutherford alcock had at an earlier period of his life held different opinions to those he now holds on the indo-chinese opium trade, it is not unreasonable that on a closer study of the subject, and by the strong light that has been thrown upon it within the past ten or fifteen years, he should have modified or even altogether changed his opinions. this is, again, another instance of the desperate efforts of the anti-opium advocates to hold their ground and maintain their unfounded and untenable theories. the government of china have always been protectionists in the strictest sense of the term. their idea has been that china can support itself; that the people can provide themselves with everything they want, and need nothing from abroad. they will sell the foreigner as much of their produce as he wishes to buy, and cheerfully take his gold in exchange, but they will not buy from him if they can help doing so. this is the real end they are aiming at; but they would not be at all so persistent, or put their case so much forward as they do, were it not for the attitude taken up by the missionaries and that most mischievous, intermeddling, un-english confederacy the anti-opium society, as revealed to them by _the friend of china_. the government of china have in their employment chinese clerks and interpreters who are excellent english scholars. these men explain everything about the objects of the anti-opium society, and, whilst the mandarins laugh at the absurdities put forward by that association, they are still quite ready to accept the society as their ally. hence li hung chang's letter to mr. storrs turner, mentioned in sir rutherford alcock's paper; one would almost fancy that this letter had been written for li by mr. storrs turner himself. no one knew better than li hung chang that this letter was one tissue of hypocrisy and mendacity. but, stay, there is one part of it that is certainly true. li says to mr. turner: "_your society has long been known to me and many of my countrymen_." there can be no doubt of the fact. whilst despising mr. storrs turner and his society, and cordially hating him and his fellow missionaries, li hung chang and his friends play into their hands and humour them in this matter to the top of their bent. their real object is to get rid of the indian opium if they can; or, if they cannot, to have a higher duty fixed upon it, so as to reduce its supply; or, at all events, to augment their own revenues by the higher duty. as matters stand at present, the chinese government obtains a net revenue of over two million pounds sterling from the indian drug, and they derive, perhaps, half that amount from the duty on the home-grown article. they have revenue cruisers constantly watching to put down opium smuggling, and they adopt other rigid steps to prevent the practice; but it is still carried on to a considerable extent, not by englishmen or other foreigners, mark you, but by their own countrymen. very great misconception, i may here say, prevails upon this point artfully spread abroad by agents here of the anti-opium society, but i shall sweep this away before i close. the chinese government is quite willing to perpetuate the indo-china opium trade if it can only get the duty raised to suit its purpose. therein lies their whole object. mr. turner speaks about the paternal character of the chinese government. in the _peking gazette_--which is in some respects analogous to the _london gazette_--imperial decrees are from time to time published. amongst others, there will appear proclamations addressed to the people, warning them to abstain from this and that evil practice. but they have not the least effect, nor is it expected that they will have effect. they are mere shams, and are not heeded; yet they please the people. these proclamations or injunctions are never seriously intended, and mr. turner knows this perfectly well. dr. wells williams mentions in his book that two thousand years before christ the manufacture of spirits was forbidden in china; yet the trade still flourishes there. spirits are still drunk in moderation throughout china, just as opium is smoked. sir r. hart says that "native opium was known, produced, and used long before any europeans began the sale of the foreign drug along the coast." mr. watters, one of her majesty's consuls in china, states that the poppy is largely cultivated throughout western china; mr. colborne baber, who has travelled through nearly the whole of china, not only confirms mr. watters' statement, but says that from his own experience one-third of the province of yunnan is under opium culture. mr. w. donald spence and a host of others thoroughly well informed upon the question also give the strongest corroborative testimony. now, in the face of the statements of such witnesses as these, can you credit for a moment mr. storrs turner when he says--believing only what he wishes to be true, but having no data whatever for his statements--that it is only recently that opium has been cultivated in china? of all the existing nations of asia, the only one that can now be described as civilized is china; and this is the country where mr. turner, because it suits his purpose, tells us that this invaluable drug has been only _recently_ known. china may be said to be the garden of asia. opium has been grown throughout the fertile plains of that immense continent for thousands of years, and is it likely that the oldest and most civilized of all asiatic nations would be the last to introduce into their country the culture of that drug to whose curative properties mr. storrs turner bears such strong testimony in the opening chapter of his book? the only reason that gentleman could have had for making such a statement is simply, as i have already intimated, to induce his readers to believe that the chinese would not have cultivated the drug, nor have used it for smoking, were it not for the importation of indian opium into china. upon this part of my subject, i may mention that a book has been written by a very learned man, dr. w. a. p. martin, president of the tungwen college at peking, who shows that china was the cradle of alchemy, which was known there five hundred years before it was ever heard of in europe. are these a people likely to be ignorant of this indispensable medicine, as mr. turner characterizes it, or to neglect its cultivation throughout their fertile country? i may add that all, or nearly all, the medicines of the british pharmacopoeia, and a great many more also, have been known to the chinese for hundreds, if not thousands, of years. the eighth fallacy is, _that the british merchants in china are making large fortunes by opium_. i have already, i think, pretty well disposed of this, and i need not say much more upon the subject now. one of the great points of the anti-opium society and its supporters seems to be that the british merchants are birds of prey, a set of rapacious and ravenous creatures, without the feelings of humanity in their breasts, who have gone out to china to make princely fortunes, after the manner of that apochryphal youth who, on his departure from the paternal roof, is said to have received this admonition from his canny sire, "mak money, ma boy--honestly if you can--but mak money"; that thus animated the british merchant arrives in china like a hawk amid a flock of pigeons, and helps himself to one of those princely acquisitions, which, to mr. storrs turner, seem to be as plentiful as blackberries in the flowery land, and who, after having helped to demoralise and ruin the nation, gracefully returns home to enjoy his ill-gotten gains. the best answer to this is the amicable relations that now exist and have always existed between the natives and these merchants. the british merchants, as a body, have no interest in the opium trade; nor are any of them engaged in smuggling or in any practices detrimental to the natives of china. in point of education, thorough mercantile knowledge, strict integrity, and sound practical christianity, these gentlemen are second to no other body of men in the british empire. another fallacy, or false assumption, number nine, which the advocates of the anti-opium society are fond of propagating, and which is as fully believed in by themselves as by their deluded followers, is--_that the discontinuance of the supply of opium from india would stop or check the practice of opium smoking_. they fully believe that if they could only succeed in suppressing the indo-china opium trade they would deal such a death-blow to this ancient custom, which prevails more or less over the eighteen provinces of the chinese empire, that we should in a very short time hear of there being no opium smoking at all in china! that is as great a delusion as was ever indulged in. imagine a person saying that if we ceased to ship beer, stout, and whiskey to denmark, france, or italy, we should check the consumption of brandy or other alcoholic liquors throughout europe, and you have a pretty fair parallel to this assumption. suppose it were possible to stop the supply of opium from british india, and that such stoppage had in fact taken place, the result would be that the chinese would increase the cultivation of the poppy in their own country still more than they have already done, and the indian drug known as "malwa opium" would still continue to be imported into china, for the british government, even if desirous to do so, could not prohibit its manufacture and exportation. the portuguese, who were the first to import indian opium into china, would cultivate the drug, not only in their indian possession of goa, but in africa, where they have colonies. further, they would encourage its increased cultivation in the native states of india, which produce the malwa opium, and which, as i have just said, we could not prevent. a great stimulus would also be given to the cultivation of persian opium. hear, how i am borne out by don sinibaldo de mas, an authentic and thoroughly impartial witness. this is what he says, in his very valuable book:-- it is another fallacy to say that if the east india company were to prohibit the cultivation of opium in her territories that the article would disappear from china altogether. the poppy grows freely between the equator and latitudes ° to °; it is produced in large quantities in java, the phillipines, borneo, egypt, and other places, as well as in china itself, where for many years past some thousands of chests are annually produced. it may be that the opium grown at java has perhaps a different taste from that grown at malwa and benares, and may seem to be of inferior quality, but the consumers would soon become accustomed to that, and would probably prefer the former to the latter. persons who are in the habit of smoking havanna dislike manilla cigars, and those who generally smoke manillas prefer them to havannas. at present opium is not exported from other countries because indian opium is so cheap. what, then, may i ask, is the reproach constantly hurled at the east india company? that it derives an annual income by the culture of opium of at least three millions of pounds sterling. should the company prohibit the culture of the drug in order to allow other nations to derive the emoluments arising from it? i who have travelled in both upper and lower india, and know something of the country, am persuaded that the people there are already over-taxed, and to demand from them a substituted tax for those three millions would be a very serious matter indeed. and for whom pray would this sacrifice be made? to reduce the quantity of opium smoked in china? most assuredly not; for the chinese would still smoke just as much. this sacrifice on the part of england would only benefit those countries which would take up the cultivation of opium in order to supply the chinese markets from which the indian drug had been withdrawn. and what fault can be found with the merchants? is it not the chinese who ask for opium, and who buy it of their own free will, although not a single foreigner, either by example or precept, encourages them to do so. is it not the chinese who go out of their ports to the "receiving ships" to fetch it? is the chinese nation composed of children, or of savages who do not know right from wrong? ought, for instance, the queen of england to undertake to redress chinese habits, or let us say vices, and to reform her custom-house administration by watching the chinese coast? by what right could the english government or any other government do such things? if that is not what is wished, what is? against whom and against what is all this outcry? it is said that the receiving ships are anchored at the mouth of rivers, that british war-ships anchor alongside of them, and that the consuls know this. that is quite true. the consuls admit all this--in fact, they often send their despatches by these very opium ships to hong kong. how many times has it happened that the consuls have had discussions with the chinese governors respecting these receiving ships? they say, "we do not protect these ships; why do you not drive them away?" all this, i repeat, is notorious, and it is to be regretted that it is so; because, under proper legal authorisation, opium might be introduced into the chinese empire with such great advantage to the imperial treasury.... it cannot be expected that the english government through its naval commanders should prevent its subjects from carrying on a remunerative commerce, whilst americans, dutchmen, danes, swedes, and portuguese would continue to carry on the trade with increased profit through the withdrawal of the english. were the supply of opium from british india discontinued we should have a class of merchants who would form syndicates to buy up all the opium that could be found, and macao would become the great depôt for persian, javanese, and malwa opium for the china market, so that we should have probably four times the quantity of the foreign drug shipped to china that is now imported into that country, and thus the alleged evils of opium smoking in china would be intensified. by a stupid though well-meaning policy, that ultimate demoralisation, degradation, and ruin which the anti-opium society allege is now being wrought upon the natives of china by the existing indo-china opium trade would be enormously accelerated, whilst england and english missionaries would only earn the contempt of the chinese nation and the ridicule of the whole world. i have shown you that the government of china is not sincere in its professed desire to put down opium smoking; for if it was we should never have had the poppy grown so extensively as it is at present all over the empire. the evidence of sir robert hart alone upon this point puts the matter beyond the question of a doubt. how, in the face of that gentleman's book, this anti-opium agitation can continue i really cannot understand. he is an officer of the chinese government, and he would be the last man to publish anything damaging to the government or people of china. here have these anti-opium agitators been forty years in the wilderness without making any progress, but only getting deeper into the quagmire of error and delusion. even now, although defeated at all points, they persist, as i shall show by and by, in obstructing public business in the house of commons by again ventilating their unfounded theories. as matters stand, this book of sir robert hart's must show to every impartial mind that the teaching of the anti-opium society, from its formation to the present time, has been fallacious, misleading, and mischievous. yet, in the face of this most damaging official yellow-book, we are still calmly and seriously told from many platforms, by dignitaries of the highest position in the church, and by clergymen of all denominations, that we are demoralising and ruining the whole nation, because we send the chinese a comparatively small quantity of pure and unadulterated opium, which is beneficial rather than injurious to them. but what does sir robert hart, with all his official information, say? that all this opium, amounting to about six thousand tons annually, is consumed in moderation by one million of smokers, or one-third of one per cent. of the whole population of china, estimating the number of people at three hundred millions only. the missionaries and the anti-opium society, in the face of facts which directly contradict them, say that the chinese government has a horror of opium; but they never tell us that that government has a horror of themselves. what was the celebrated saying of prince kung to the british ambassador? "take away your opium and your missionaries," said he. now the chinese government does not hate opium; it derives a very large revenue from the drug at present, and it is only anxious to increase the amount. i have very little doubt that prince kung, and all the other imperial magnates, including li hung chang, that strictest of moralists, revel in the very indian drug they affect so to abhor. but they do detest the missionaries most cordially; so do the whole educated people of the empire, and so do chinamen generally. none know this better than the missionaries themselves. that disgraceful book, written by a mandarin, called "a death-blow to corrupt practices," which was, by the aid of his brother mandarins, extensively circulated throughout china, but too plainly proves the fact. that infamous volume was aimed at the whole missionary body in china, roman catholic as well as protestant; it attributed the foulest crimes, the most disgraceful and disgusting practices to the missionaries. it was, in fact, the precursor of the fearful tientsin massacre; yet the missionaries tell us that if we will only discontinue the indo-china opium trade the millennium will arrive. i may here observe that if opium was the terrible thing, and was productive of so much misery to its votaries, as the protestant missionaries and the anti-opium society would have us believe, it seems strange that no mention of opium or opium smoking appears in this book. if half the outcry raised against the indo-chinese opium trade were true, here was an excellent opportunity for the writer to have inveighed against the wickedness of foreigners in introducing the horrible drug into the country. if the gospel is objected to because of this indian opium, what a fine occasion for the author to have enlarged upon the iniquity. if the chinese mind had been in any way impressed with the evils proceeding from opium smoking, can it be supposed for a moment that the author of this book, an educated mandarin--one of the _literati_, in fact--would have omitted the opportunity of denouncing the missionaries and foreigners generally for introducing the terrible drug into the country and making profit by the vices and misery of the chinese people? does not the entire omission of opium from this book prove most eloquently that there is no real truth in the outcry raised by these missionaries against the opium trade? the real fact, believe me, is this, the chinese dislike and distrust the missionaries not because opium is an evil but because they hate and despise christianity. from the anti-opium society one never hears anything about the removal of the missionaries; it is all "take away your opium." i am perfectly sure that, if we agreed to exclude our missionaries from china, the government of that country would unhesitatingly admit indian opium into the country duty free. no greater proof can be adduced of this than the zeal and persistency with which the chinese government recently and successfully prosecuted the celebrated wu shi shan case, which was in the nature of an action of ejectment against a protestant missionary body at foochow. the late mr. french, the judge of her majesty's supreme court for china and japan, tried the case, the hearing of which occupied nearly two months. it cost the chinese government about one hundred thousand dollars, or twenty thousand pounds; they were well satisfied with the result, although the land they recovered was not worth a tenth of the money. it is declared by mr. turner and the other advocates of the anti-opium society that we have treated the chinese with great harshness; that we have extorted the treaty of tientsin from them, and bullied them into legalizing the admission of opium into the empire; that we began by smuggling opium into china, and ended by quarrelling with the chinese. it must not be forgotten, on the other hand, how the chinese have treated us. for more than a century before we introduced opium into china, and began, as it is said, to quarrel with the chinese, we had been buying their teas and silks, and paying for them in hard cash. during all that time we were treated by the mandarins with the greatest indignity. our representatives and our people were insulted, often maltreated, and sometimes murdered. as to opium smuggling, about which so much is sought to be made by the anti-opium people, there is one point that the writers and speakers upon the subject seem to have forgotten. in the first place, i think i will show you that smuggling, in the proper sense of the term, has never, in fact, been carried on in china by englishmen--or, indeed, by other foreigners--at all. but even admitting, for argument's sake, that smuggling in its ordinary acceptation did, in fact, exist, how does the matter stand? it has been for centuries the recognized international law of the civilized world that one nation is not bound to take cognizance of the revenue laws of another. this principle has been carried out in past times with the greatest strictness. for instance, there was once a very large contraband trade done between england and france. when brandy was heavily taxed, and when it was thought more of than it is now, smuggling it into england was a very profitable business. it was the same as regards silks, lace, and a great many other articles before free trade became the law of this country. our government knew this very well, but they never dreamt for a moment of sending a remonstrance to the french government upon the subject. had they done so, the latter would probably have replied: "we cannot prevent our people from doing this. we give them no encouragement whatever. we have enough to do to prevent your people from smuggling english goods into our country, and you must do your best on your side to prevent our subjects from introducing french goods into yours." for i suppose our people, carrying out the principle of reciprocity, had some contraband dealings with french contrabandists on their own account. that was the law for centuries, and it is so still. but of late years what is called "the comity of nations" has become more understood, and there is a better spirit spreading between different states on this subject, although, as i have said, the law is still the same. if our government knew that there was now an organized system of smuggling carried on here with france, they would, i dare say, try to put a stop to the practice, and would, at the least, give such information to the government of france as would put their revenue officers on their guard, and i am sure that the french government would act in the same way towards us. that would be due to the better feeling that has arisen between the two countries within the last forty years. the moment, therefore, it was found that there was a considerable demand in china for indian opium, british and other vessels brought the article to china; and there can be no doubt that they met with great encouragement from the chinese officials, but they got no assistance from us. the opium shippers carried on the trade at their own risk. all this has been very clearly shown by don sinibaldo de mas. there was no actual smuggling on the part of the owners of these vessels. the chinese openly came on board and bought and took away the opium, "squaring" matters, so to speak, with the mandarins. these so-called smugglers belonged to all nationalities. there were americans, portuguese, and germans, as well as english, engaged in it. according to the international law of european countries, the chinese government ought, under the circumstances, to have had a proper preventive service, and so put down the smuggling. but, instead of this, the practice was openly encouraged by the chinese officials, some of them mandarins of high position. now and then an explosion would occur; angry remonstrances would be addressed to the british government, and bad feeling between the two nations would be engendered, the chinese all along treating us as barbarians, using the most insulting language towards us, and subjecting our people, whenever opportunity offered, to the greatest indignities. the missionaries have ignored all this. they appear to have satisfied themselves so completely that we forced this trade upon the chinese that they have lost sight both of fact and reason. the very existence of an opium-smuggling trade with china shows that the article smuggled was in very great demand in that country. people never illegally take into a country an article that is not greatly in request there. they will not risk their lives and property unless they know large profits are to be acquired by the venture, and such profits can only be made upon articles in great demand. it was because there was found to be a demand for indian opium that this so-called contraband trade sprang up. this furnishes the strongest proof that the chinese valued the opium highly, and that it was on their invitation that the drug was introduced. there is, i believe, a considerable contraband trade now carried on in tobacco between germany and cuba and england, just because the article is in demand here, and there is a very high duty upon it. the fact is, that if the arguments of the anti-opium people are properly weighed, they will be found, almost without exception, to cut both ways, and with far greater force against their own side. now with respect to smuggling, it is right that i should clear up the misconception that seems to prevail upon the subject. whatever may have been the practice previous to the treaty of nankin, which was signed on the th of august , and ratified on the th of june --forty years ago, i say it advisedly, and challenge contradiction, that _no smuggling or quasi smuggling, or any practice resembling smuggling, has been carried on in china by any british subject_ since the signing of that treaty. although no mention is made of opium in that convention, it is an indisputable fact that from the time of the making of it until the treaty of tientsin in , indian opium was freely allowed into the country at an _ad valorem_ duty. this is shown by don sinibaldo de mas, in his book, and also by sir rutherford alcock, in his valuable paper. no doubt the chinese themselves have since then smuggled opium into their country, and are doing so still. they are, in truth, inveterate smugglers, and it has been found impossible for the british authorities of hong kong to prevent the practice. for the past thirty years laws have from time to time been passed in the colony with the object of checking the practice, which have not been wholly unsuccessful; for instance, some twenty-five years ago an ordinance was passed prohibiting junks from leaving the harbour between sunset, and, i think, a.m. on the following morning, and compelling every outward-bound junk to leave at the harbour master's office a copy of the "manifest" before starting, and i have known many prosecutions for breach of this ordinance. still smuggling by chinamen goes on more or less, but not now, i think, to any large extent. as for any connivance or participation in the practice by the british authorities or the british people, and, indeed, i may say the same for all foreigners in china, there is none whatever. i am fully borne out in this statement by the _friend of china_, which you will remember is the organ of the anti-opium society. it would appear that sir john pope hennessy, lately governor of hong kong, made a speech last autumn at nottingham, on the occasion of the meeting of the social science congress, in the course of which he made some allusion to smuggling by the british community of hong kong. i have not myself read the speech, but collect this from the statement of the journal in question, which i shall now read to you. this is the passage:-- the present governor of hong kong is extremely unpopular with the british community under his jurisdiction. into the occasion and merit of the feud we do not pretend to enter, but in reproducing the governor's condemnation of the colony it is only fair to note the fact of the existing hostility between governor and governed. _we are sorry, too, that sir john did not state that these desperate smugglers are of chinese race. so far as we know there is no ground for inculpating a single englishman in hong kong in these nefarious proceedings; the english merchant sells his opium to chinese purchasers, and there his connection with the traffic ceases._ so much for the delusion as to smuggling by british subjects in china. as for the "hoppo" of canton, who farms from the chinese government the revenue of the provinces of kwantung and kwangsi, and whose object it is to squeeze as much as he can from the mercantile community of these provinces during his term of office, he has a fleet of fast english-built steam cruisers, heavily armed, ostensibly to put down smuggling, but really to cripple the commerce of the port of hong kong, they keep the harbour blockaded by this fleet of armed cruisers to prey upon the native craft coming to and sailing from the colony. wild with wrath at the prosperity of hong kong, the hoppo and his cruisers lose no opportunity of oppressing the native junks resorting to the place. all those vessels they think should go to canton to swell the hoppo's income. many chinese merchants have put cases of oppression of the kind in my hands, where those armed cruisers simply played the part of pirates, seizing unoffending junks, taking them to canton, and confiscating junk and cargo; but i regret to say that only in a very few cases have i been able to obtain redress. this state of things has been going on for the past fifteen or twenty years, and should be put down by the british government. so far as respects the chinese authorities, and the junk owners, and native merchants, it is simply legalised robbery; whilst as regards the british government and people of the colony, foreigners as well as natives, it is a system of insult and outrage--a very serious injury, and a glaring breach of international law, which no european government would tolerate in another. i mention this to show how forbearing and long-suffering the government of hong kong and the imperial government have been towards china during the continuance of this most nefarious and unjustifiable state of things. this is in truth a very serious matter. when sir henry elliott took possession of hong kong in on behalf of the queen, he invited by proclamation the chinese people to settle in the place, promising them protection for their lives and property, upon the faith of which the natives took their families and property to the colony. but how can it be said now that their property is protected when this piratical fleet, like a bird of prey, hovers round the colony, pouncing down upon the native craft going to or leaving the port? to close this part of my subject, i may say in short, that the charges brought by the anti-opium society against the importation of indian opium into china are exactly on a par with the objections of a society established in france for the purpose of prohibiting the importation into england of cognac, on the grounds that that spirit intoxicated, demoralised, and ruined the english people. if any set of men in france were fanatical and insane enough to set forth such views, they would be laughed down at once. the answer to the objection to the brandy trade would be, "that the english people manufacture and drink plenty of gin and whisky, and if they, the french, discontinued sending them brandy the english would simply manufacture and drink more spirits of their own production." no two cases could be more alike. before proceeding to the last of the fallacies by which the opponents of the indo-chinese opium trade have been so long deluding society, i wish to refer to the statements made by mr. storrs turner in his book, and by the advocates of the anti-opium trade, respecting the treaty of tientsin. it is alleged that lord elgin, who bore the highest character as a statesman and christian gentleman, extorted the treaty from the chinese, and forced them to include opium in the schedule to that treaty. mr. turner, at p. of his book, typifies the conduct of england thus:-- the strong man knocks down the weak one, sets his foot upon his chest and demands:--"will you give me the liberty to knock at your front door and supply your children with poison _ad libitum_?" the weak man gasps out from under the crushing pressure--"i will, i will; anything you please." and the strong man goes home rejoicing that he is no longer under the unpleasant necessity of carrying on a surreptitious back-door trade. this metaphor is really absurd, and has no application whatever. were a man so infamous as to act in the manner stated, it would be a matter of little concern to him whether his poison entered by the front or the back door, so long as he got paid for the article. the fact is, as i have stated, that since the treaty of nankin, in , opium has been openly allowed in the country without any difficulty or objection. if there is any point in this metaphor of mr. storrs turner's at all, it applies not to the insertion of opium in the tariff, but to the clause in the treaty as to the admission of missionaries into china, for that was really the bitter pill the chinese swallowed. in , when the treaty of tientsin was being drawn up, the tariff upon british goods had to be settled. the chinese commissioners, not only as a matter of course, and without any pressure whatever, proposed to put down opium in the schedule at the present fixed duty of thirty taels a pikul, but actually insisted upon doing so. there was no necessity for using pressure at all, and none in fact was used. it was included in the tariff just like other goods. mr. h. n. lay, who jointly with sir thomas wade, her majesty's present minister at pekin, was chinese secretary to lord elgin's special mission, and who then, i believe, filled the important post in the chinese service now occupied by sir robert hart, expresses his opinion on the subject as follows:-- statements have been advanced of late, with more or less of precision, to the effect that the legalisation of the opium trade was wrung from chinese fears. at the recent meeting in birmingham lord elgin is credited, in so many words, with having "extorted" at tientsin the legalisation of the article in question. there is no truth whatever in the allegation, and i do not think, in fairness to lord elgin's memory, or in justice to all concerned, that i ought to observe silence any longer. jointly with sir thomas wade, our present minister in china, i was chinese secretary to lord elgin's special mission. all the negotiations at tientsin passed through me. not one word upon either side was ever said about opium from first to last. the revision of the tariff, and the adjustment of all questions affecting our trade, was designedly left for after deliberation and arrangement, and it was agreed that for that purpose the chinese high commissioners should meet lord elgin at shanghai in the following winter. the treaty of tientsin was signed on the th of june ; the first was withdrawn, and lord elgin turned the interval to account by visiting japan and concluding a treaty there. in the meantime the preparation of the tariff devolved upon me, at the desire no less of the chinese than of lord elgin. _when i came to "opium" i inquired what course they proposed to take in respect to it. the answer was, "we have resolved to put it into the tariff as yang yoh_ (foreign medicine)." this represents with strict accuracy the amount of the "extortion" resorted to. and i may add that the tariff as prepared by me, although it comprises some articles of import and export, _was adopted by the chinese commissioners without a single alteration_, which would hardly have been the case had the tariff contained aught objectionable to them. five months after the signature of the treaty of tientsin, long subsequently to the removal of all pressure, the chinese high commissioners, the signatories of the treaty, came down to shanghai in accordance with the arrangement made, and after conference with their colleagues, and due consideration, signed with lord elgin the tariff as prepared, along with other commercial articles which had been drawn up in concert with the subordinate members of the commission who had been charged with that duty. _the chinese government admitted opium as a legal article of import, not under constraint, but of their own free will deliberately._ now mr. h. n. lay is a gentleman whose testimony is altogether unimpeachable, and this is his statement. he explains the whole transaction, and it is substantially and diametrically contrary to the allegations of mr. turner and the anti-opium society. his account of the matter has the greater force, because i believe he is rather anti-opium in his views than the opposite, and at the time of the treaty he was in the service of the chinese government. the truth is, that we never should have had the chinese urging us to increase the duty had they not been supported by the anti-opium society. mr. laurence oliphant was lord elgin's secretary at the time of the tientsin treaty. this is what he says on the subject:-- as a great deal of misconception prevails in the public mind upon this subject, i would beg to confirm what mr. lay has said as to the views of the chinese government in the matter. i was appointed in commissioner for the settlement of the trade and tariff regulations with china; and during my absence with lord elgin in japan, mr. lay was charged to consider the details with the subordinate chinese officials named for the purpose. on my return to shanghai i went through the tariff elaborated by these gentlemen with the commissioner appointed by the chinese government. when we came to the article "opium," _i informed the commissioner that i had received instructions from lord elgin not to insist on the insertion of the drug in the tariff, should the chinese government wish to omit it. this he declined to do. i then proposed that the duty should be increased beyond the figure suggested in the tariff; but to this he objected, on the ground that it would increase the inducements to smuggling._ i trust that the delusion that the opium trade now existing with china was "extorted" from that country by the british ambassador may be finally dispelled. but mr. storrs turner will doubtless still say, "oh! these gentlemen are englishmen; you cannot believe them." i do not think, however, this kind of objection will have much weight with my readers or the country at large. and now, as i am on the political side of the question, i will say a few words on the indian aspect of the case. the government of india is charged by mr. storrs turner and the anti-opium people generally with descending to the position of opium manufacturers and merchants, and quotes an alleged proposal of the late lord lawrence to drop the traffic, leaving the cultivation and exportation of the drug to private enterprise, and recouping itself from loss by placing a heavy export duty on the article. if lord lawrence ever proposed such an arrangement, which i doubt very much, i hardly think he could have carefully considered the question. no doubt, in an abstract point of view, it is contrary to sound policy for the government of a country to carry on mercantile business, much less to take into its own hands a monopoly of any trade, yet the thing has been done for a great number of years, and is still practised by some continental governments without the existence of any special reason for so doing. the indo-china opium trade, however, is an entirely exceptional one. when an exceptional state of things has to be dealt with, corresponding measures must be resorted to. the opium industry in india is an ancient one; and the exportation of this drug to china began under the portuguese, several centuries ago. were the government of india to adopt the alleged proposals of lord lawrence, the result would be that a much larger quantity of opium than is now produced in india would be turned out, so that not only would the alleged evils now complained of by the missionaries and the anti-opium society be intensified, but the government of india would find its revenue greatly increased by its export duty on the drug. this is very conclusively shown by don sinibaldo de mas, a most competent authority, who has studied the question deeply and can have no possible object but the revelation of the truth. there are numerous objections to throwing open the indian trade. as matters now stand, the government of india annually makes advances to the opium growers, to enable them to produce the drug. these advances are made at a low or nominal rate of interest. let the government once drop the monopoly and throw open the trade, and then the small farmers--and they form perhaps seventy-five per cent. of the whole, whether they cultivate the poppy or any other crop--would be at the mercy of the usurers, who are the curse of india. thus the poor cultivator, instead of paying the government two or three per cent. interest for the advance, would have to pay perhaps five times that amount, with a bill for law costs; and a much larger bill staring him in the future, in case he should be so unfortunate as not to be up to time with his payments. the usurers or márwáris as i believe they are called, would in such cases profit by the fruits of the soil instead of the growers. as to the morality of the proposed change, i do not see what could be gained by such an arrangement. if it is wrong to derive a revenue from opium by direct, it is equally wrong to do so by indirect means. before closing this part of the subject, there is another point i wish to say a few words upon. it is put forward by mr. turner in his book, with great plausibility, and is, no doubt, accepted by his disciples as fact, that every acre of land put under opium cultivation displaces so much rice, the one being a poison, the other the staff of life. this is perfectly fallacious; wherever rice is grown in china--and i fancy it is the same in india--there are two crops taken in the year. rice is cultivated during the spring and summer months (that is, the rainy season), for the grain only grows where there is abundance of water. the poppy thrives only in the dry season, that is, during the latter part of the autumn and the winter, when the rice crops have been saved. the poppy requires a rich soil, so that before planting it the farmers have to manure the ground well; then, when the poppy crop has been secured, the land is in good heart for rice, and so the rotation goes on. this i stated in the first edition of this lecture; since then mr. spence's report for has appeared which fully confirms my view. thus much for the accuracy of this statement of mr. storrs turner. i come now to the last of the fallacies, follies, and fantasies, upon which the huge superstructure of delusion put forward for so many years by the anti-opium society has been built. at once the least sustainable, it is the one which carries the most weight with the supporters of that society, for it furnishes the _raison d'être_ of their whole action. it is _that the introduction of indian opium into china has arrested the progress of christianity in that country, and that if the trade were discontinued the chinese would accept the gospel_. no greater mistake, nor more unfounded delusion than this could be indulged in; indeed, it seems to me something very like a profanation to mix up the indo-china opium trade with the spread of the gospel in the empire of china. if the objection to embrace christianity because we send opium to that country has ever, in fact, been made by natives, that objection was a subterfuge only. the chinese are an acute and crafty race; when they desire to attain an object, they seldom attempt to do so by direct means, but rather seek to gain their ends indirectly. they despise and hate christianity, although they will not tell you so, much less will they argue with you, or enter into controversy upon the subject. they will rather try to get rid of it by a side-wind. they are a very polite and courteous people, and understand this style of tactics very well. i have no doubt whatever that if the british trade in opium were suppressed to-morrow, and that no british merchant dealt any longer in the drug, or sent a particle of it into china, and if a missionary were to go before the chinese and say, "we can now show clean hands, our government has stopped the opium trade," and then were to open his book and begin talking to them of christianity, he would only be met with derisive laughter. "this man," they would say, "thinks that because the english have ceased to sell us opium we should all become christians. if they sold us no more rice or broadcloth, we suppose they would say that we should become mahomedans." knowing the cunning and keen sense of humour of the people, i have no doubt they would use another argument also. there is a story told of a scotch clergyman who rebuked one of his congregation for not being quite so moderate in his potations as he ought to be. "it's a' vera weel," returned the other, who had reason to know that the minister did not always practise what he preached, "but do ye ken how they swept the streets o' jerusalem?" the clergyman was obliged to own his ignorance, when sandy replied, "weel, then, it was just this, every man kept his ain door clean." and i can well fancy in the case i have supposed, an equally shrewd chinaman saying to the missionary, "what for you want to make us follow your religion? your religion vely bad one. you have plenty men drink too muchee sam-shu, get drunk and fight, and beat their wives and children. chinaman no get drunk. chinaman no beat or kill his wife. too muchee sam-shu vely bad. drink vely bad for inglismen; what for you don't go home and teach them to be soba, plaupa men?" believe me, the chinese know our little peccadilloes and are very well informed respecting our doings here at home. we send but six thousand tons of opium annually to china, which, according to sir robert hart, who ought to be a reliable authority on the subject, inflicts no appreciable injury upon the health, wealth, or extension of the population of that vast empire. the truth is, that the alleged objection of the chinese against christianity amounts simply to this: because some of our people do what is wrong, and we are not as a nation faultless in morals, we should not ask them to change their religion for ours. perfection is not to be attained by any nation or the professors of any creed. if we had the ability, and were foolish enough to stop the exportation of indian opium to china, the natives of the country would find some other reason for clinging to their own creeds and rejecting christianity. they could, and doubtless would, point to the fearful plague of intemperance prevailing amongst us; they could also refer to the great number of distilleries and breweries in the united kingdom, to our newgate calendar, and to the records of the divorce court. in short, they would say, "you do not practise what you preach. what do you mean, then, by trying to make christians of us?" the same doctrine has been used over and over again even in christian countries, and it is lamentable to see educated and intelligent men becoming victims to such a delusive mode of reasoning. this sad hallucination on the part of the missionary clergymen is the origin of the mischievous and very stupid agitation going on against the indo-china opium trade, but now rapidly, i believe and hope, coming to an end. a few years ago i paid a short visit to japan. whilst i was at tokio, the capital, a lecture was given there by an educated japanese gentleman, who spoke english well and fluently. he introduced religion into his lecture, and considered the question why the japanese did not embrace christianity. "our minds," said he, "are like blank paper; we are ready to receive any religion that is good, we are not bigoted to our own, but we object to christianity because we do not consider it a good religion, because we see that christians do not reverence old age, and because they are so licentious, and so brutal to the coolies." but these reasons are again merely subterfuges. the japanese do not smoke opium, and the very same objection they urge against christianity might also be used by the chinese. the oriental mind is very much the same, whether chinese, japanese, or indian. upon religious or political questions they well know how to shift their ground. as to the chinese embracing christianity, i trust the day will come when they will do so. they would then be the most powerful nation in the whole world, and probably become our own best teachers on religion and morals; but at present i see no immediate hope of their conversion. i say this in view of the stand taken by the protestant missionaries on this opium question. nothing, in my opinion, is more calculated to impede the progress of missionary work than this most absurd and unfounded delusion. the reason given by the missionaries for the apparently small success which has hitherto attended their efforts, is that the so-called iniquitous traffic in opium has been the one stumbling block in their way. put a stop to this villanous trade, they say, and the gospel will flourish like a green bay-tree. this sort of argument takes with the missionaries themselves and with religious people generally, and thus converts to the anti-opium policy are made. yet all these statements rest, i can assure you, on an entirely fallacious foundation. we are not dealing with a savage but with a civilized people. you may change a nation's religion, but you cannot alter its customs, and if china were evangelised to-morrow the chinese would still continue opium smokers. the reverend mr. galpin has hit the nail on the head when he said in his letter to the missionaries of peking:-- looking at christianity in the broad and true sense, as a great regenerating force breathing its beneficent spirit upon and promoting the welfare of all, of course the excessive use or abuse of opium and every other thing, is a serious hindrance to its happy progress. but this is a very different position from that of supposing that the present apparently slow progress of mission-work in china is to be attributed to the importation of indian opium. china is a world in itself, and the influence of christian missions has hitherto reached but a handful of the people, for there are many serious obstacles to its progress besides opium. as before mentioned, the roman catholic missionaries have never complained that their missionary labours were impeded by the opium trade. i had the honour of being solicitor at hong kong to a wealthy and important religious community of that persuasion which has missionary stations all over china, formosa, and tonquin, and might call the head of the order a personal friend, yet i never heard a complaint of the kind from him or any of his clergy. i was on very intimate terms with a roman catholic gentleman who was in the confidence of the catholic bishop at hong kong, and the roman catholic community generally, and i have had conversations with him on missionary matters. he has never uttered such a complaint, but, on the contrary, has always spoken of the success which attended the roman catholic missions throughout china. in this connection it should not be forgotten that the chinese treat all foreigners alike; they know no distinction between them--english, french, german, spanish, americans, portuguese, are to them one people. the victims of the tientsin massacre were, with the exception, i think, of a russian gentleman, a community of french nuns. the petition to the house of commons set out in my first letter emanated from the protestant missionaries alone, and it has not, i am well assured, been signed by a single roman catholic missionary. it is plain, therefore, that this alleged obstacle to the spread of the gospel in china by the english and american missionaries is a monster of their own creation, and has no real existence. bishop burden, of hong kong, the missionary bishop for south china, who, although no authority on the opium question, ought, on this point at all events, to be well informed, estimates the number of protestant converts in china at forty thousand, and of roman catholics at one million. the disparity is great, but then it should not be forgotten that roman catholic missions in china date from a period probably two centuries earlier than protestant missions. if out of these forty thousand converts i allow five per cent., or two thousand, to be really sincere and able to give a reason for the faith that is in them, i believe that i am not underrating the precise number of true and _bona fide_ converts which these missionaries have made. but knowing this as i do, it is very far from my intention to cast blame upon the missionaries in consequence. to those who understand the difficulties those devoted men have to contend with in the progress of their labours, the wonder is not that they have done so little, but that they have achieved so much. upon this point, i would say again, i am very far from attributing any blame to our missionaries, save in so far as they have allowed themselves to be cajoled by certain chinese and others as to opium smoking. no one is more sensible of their piety, learning, zeal, and industry; and a very sad task it has been to me to impugn their conduct and controvert their views as i have done. a good cause, however, cannot and ought not to be promoted by falsehood; for such this anti-opium delusion amounts to, and nothing more, and there can be no hope for more solid results from the missionary field until it is swept from the missionaries' path. two thousand sincere converts after all is, in my belief, a great and encouraging result, considering the tremendous obstacles our missionaries have to encounter in overcoming in the first instance the prejudice of the chinese against foreigners, and then in displacing in their minds the idolatrous and sensuous creed that has taken such firm root there, and become, so to speak, engrained in the chinese nature, and implanting in its stead the truths of the gospel. each of these two thousand converts will prove, i am well assured, like the grain of mustard seed that will fructify and in time bring forth much fruit. but it must not be forgotten that china, in the terse and apposite words of the rev. mr. galpin, is "a world in itself," containing as it does about a fourth of the whole human race. the custom of opium smoking has existed in the empire of china from time immemorial. you might as well try to reverse the course of niagara as to wean the chinese from the use of their favourite drug. as to the treaty of tientsin, it is unfair and ungrateful of the missionaries to speak of it as they do. it did no more than reduce to a formal settlement a state of things that had been for several years tacitly acquiesced in and agreed to by the chinese and british authorities and people. that treaty was prepared with the greatest deliberation by an eminent statesman who was singularly remarkable for his humanity and benevolence, assisted by able subordinates who were in no way deficient in those qualities. the missionaries seem to forget that this very treaty of tientsin, which they so denounce, is the charter by which they have now a footing in china, with liberty to preach the gospel there. they would have no _locus standi_ in china but for this sorely abused treaty. there is a special clause in it drawn up by lord elgin himself, providing that we should be at liberty to propagate christianity in the country. that treaty is the missionaries' protection. it is to it they would now appeal if molested by the mandarins or people of china. they cry it down for one purpose, and rely upon it for another. i may here not inappropriately observe that the missionaries of peking seem to have been under a misapprehension as to the nature of this treaty. from their petition to the house of commons it would appear that they were under the impression that some special clause legalizing the importation of opium into china was introduced into it under pressure from the british government; but that was a mistake. there is no "clause" whatever in the treaty on the subject of opium. the only place that the word "opium" appears is in the schedule, where it is set down amongst other dutiable articles, such as pepper and nutmegs, exactly as stated by mr. h. n. lay. it is plain, then, that these missionary gentlemen had not a copy of the treaty of tientsin before them when they drew up their petition, and i doubt very much if any of them ever read the treaty at all. they appear to have got the delusion so strongly into their heads that the legalization of opium was wrung from the chinese government that it seems they thought it quite unnecessary to read the treaty and took everything for granted. i have now, i think, shown and fully refuted the fallacies which within the past thirty years have crept into the minds of the opponents of the indo-china opium trade, dimming the faculties, blinding the reason, warping the judgment, ministering to the prejudices, deluding the senses, gratifying the feelings, until these fallacies have become so interwoven and welded together as to form and culminate into one concrete plausible, fascinating, defamatory lie! a cruel, false, and treacherous lie, that misleads alike its votaries and its victims, and that, too, in the names of religion and charity.--a lie circumstantial,--so highly genteel and respectable,--so sentimental and pious,--so sleek and unctuous,--so caressed and flattered,--so bravely dressed, and so beflounced and trimmed with the trappings of truth, that even those who have bedecked the jade fail to see the imposture they have created, so that the tawdry quean struts along receiving homage as she goes, whilst plain honest truth in her russet gown wends her way unnoticed.--i have shown that this anti-opium scare is a sham, a mockery, a delusion--a glittering piece of counterfeit coin, which i have broken to pieces and proved to you that, for all its silvery surface, there is nothing but base metal beneath. let me now recapitulate. i have, i think, made it irrefutably clear-- . that the chinese are a civilized people, very abstemious in their habits, especially as regards the use of opium, spirits, and stimulants of all kinds. . that there is and can be no analogy or comparison whatever between opium eating and opium smoking, as each stands separate and apart from the other, differing totally in the mode of use and their effects, and that opium eating is not a chinese custom. . that an overdose of opium, like an excessive draught of spirits, is poisonous and produces immediate death. . that opium smoking is a harmless and perfectly innocuous practice, unless immoderately indulged in, which rarely happens, as seldom, indeed, as over-indulgence in tea or tobacco in england. . that even when immoderately indulged, any depressing effects resulting from opium smoking are removed simply by discontinuing the use of the drug for a short period. . that no death from opium smoking, whether indulged in moderately or excessively, has ever occurred, and that death from such cause is a physical impossibility. . that opium smoking is a custom far less enslaving and more easily discontinued than dram drinking or even tobacco smoking. . that opium smoking is a luxury which can only be indulged in by those who are well-to-do and is wholly out of the reach of the poor, and, save in western china and certain other districts, where the poppy is very extensively cultivated and opium comparatively cheap, beyond the means of the working classes. . that opium smoking is a universal custom throughout the whole of the immense empire of china, just as tea, wine, or beer drinking is with the people of the united kingdom, its use being limited only by the ability of the people to procure the drug. . that it is admitted by sir robert hart, a high official of the chinese government, that the greatest quantity of indian opium of late years imported into china is only sufficient to supply about one million of people with a modicum of the drug, and that, in his own words, "neither the finances of the state, nor the wealth of the people, nor the growth of its population," can be specially damaged by a luxury which only draws from five-pence to eleven-pence a-piece from the pockets of those who enjoy it, and which is indulged in by a comparatively small number of the chinese people. . that the poppy is extensively cultivated in all the provinces of china proper as well as in manchuria, and that there is probably three or four times as much native drug produced annually in china as is imported from abroad. . that in the western parts of china, where the poppy is more extensively cultivated and opium more generally smoked than in other parts of the empire, no decadence whatever is produced in the mental or bodily health, or the wealth, industry, and prosperity of the people, but on the contrary, that these very people are peculiarly strong and vigorous. . that the chinese government is not, and never was, sincere in its professed desire to put down the practice of opium smoking in the empire, which is evidenced by the fact that the poppy is largely cultivated throughout the country, and that a revenue is derived by the government from the native drug. . that hong kong being the great depôt of indian opium and the place where the drug is most largely prepared for smoking purposes, and where also the native population (about three-fourths of whom are adult males) are in good circumstances, and therefore better able to indulge in opium smoking than their countrymen in the mainland of china, is the place where the alleged evils of opium smoking, if they existed, would be found in their worst form, yet that _those evils are unknown there_. . that the outcry, got up and disseminated for so many years past in england against the indo-china opium trade has not, and never had, any substantial foundation; that such outcry has arisen from the complaints, of the protestant missionaries in china, which also are equally baseless, those missionaries having been simply made dupes of by certain designing and mendacious natives for purposes of their own, or of the government of china. . that opium was inserted into the schedule to the treaty of tientsin at the express desire and request of the chinese authorities; that lord elgin wished and proposed to those authorities by his secretary, mr. laurence oliphant, to place a higher duty than thirty taels on the drug, but that the chinese officials declined to do so, fearing that, if the duty were raised, an impetus would be given to smuggling. . that the career of the anti-opium society has been signalized by a continuous series of mistakes and blunders--commencing with the monstrous figment (the invention of an american missionary) that there were twenty millions of opium smokers in china supplied by the indian drug, and that _two millions of these smokers died annually from the practice_,--and that the anti-opium confederacy is only kept alive by the continued reiteration of exploded fallacies, sophistries, and mis-statements of the same nature. . that the british merchants connected with china in the past and the present were and are wholly free from the stigmas cast upon them by the anti-opium society, anent smuggling and the opium trade;[ ] that, so far from having acted wrongfully towards china and the chinese, their conduct towards both has been, and still is, emphatically characterized by honour and rectitude, and by uniform courtesy and kindness; and that those merchants, have deserved well of their country. . that the anti-opium society, from its formation to the present time, has wrought nothing but mischief, crippling by its pragmatical efforts the action of her majesty's government, both here and in india and china, abstracting by its mis-statements enormous sums of money from the charitable and benevolent, and squandering that money in the propagation of unfounded theories and injurious reflections against our fellow-countrymen in china; and that the public should withdraw their confidence from the society, and cease to supply it with one farthing more. . that, save in respect of the blockade of hong kong by the armed cruisers of the hoppo or revenue farmer of the provinces of the two kwangs, which inflict great and bitter hardship upon the chinese merchants of hong kong and the junk owners who trade to that place, the british nation, by its government and people, has amply redeemed the promises made to the people of china by her majesty's representative, sir henry elliott, on taking over hong kong, which is amply verified by the flourishing state of that colony, and its large, thriving, and contented chinese population. . that, whilst it is desirable to maintain the most amicable and cordial relations with the government of china and its various viceroyalties, that most unjustifiable blockade by the hoppo or revenue farmer of canton should be promptly suppressed; a matter which has only to be taken in hand by her majesty's consul at canton, supported, if necessary, by the british minister at peking, and firmly but courteously pressed upon the viceroy of the two kwangs, who cannot but acknowledge the gross injustice and cruel wrong inflicted on hong kong and its native merchants by those cruisers, and who has the power and only wants the will to let right be done. in the course of these lectures i have spoken of some of the vices of the chinese, and of our own also. the people of england have, however, many virtues, the growth of centuries; one of these is a broad and liberal charity, that pours forth a continuous stream of benevolence over the whole world. it is a virtue that pervades all classes, from our honoured queen to the humblest of her subjects. it is not without a swelling heart that one can walk through the streets of london and see the noble charitable institutions surrounding him upon all sides, such as hospitals, convalescent institutions, homes for aged and infirm people, educational institutes, and such like, _supported by voluntary contributions_--living evidences of the charity and benevolence of our people in the past and present. yet these splendid monuments but faintly testify to the flow of munificence perpetually running its course around us. observe how liberally the public respond to the appeals made to it almost daily. look at the case of the persecution of the jews in russia, the famine in the north of china, the distress and troubles in ireland. then, again, there is the charity "that lets not the left hand know what the right hand doeth," of which the world sees nothing, but which is known to go on unceasingly, and which probably is the most liberal of all. the history of the world, so far as i am aware, does not record a parallel to this in any other nation or people. with such an active and unceasing charity going on amongst us, we should take care that this beneficent stream is not diverted into worthless channels, for that would be a matter concerning the whole public. now, though i hold in respect all the officers and supporters of the anti-opium society, who are actuated, i admit, by the best motives, and whose characters for benevolence and good faith i do not question, i cannot forbear from repeating that their crusade against the indo-china opium trade is as unjustifiable as it is mischievous, and is well calculated to produce the results i have deprecated. it encourages the chinese government to make untenable demands upon us, under false pretences, and it is an unwarranted interference with an industry, wholly unobjectionable on any but sentimental grounds, affording subsistence to millions of our fellow-subjects in india. it aims, also, at cutting off some eight or ten millions sterling from the revenue of that vast dependency, now expended in ameliorating the condition of its dense population. furthermore, it offers to useful and legitimate legislation an opposition and obstruction of the worst kind, seeing that it obtrudes upon the legislature its unfounded and exploded theories, to the displacement or delay of really useful measures. i say that the anti-opium society, in the course of its agitation for the abolition of this indo-china opium trade, is vilifying its countrymen and blackening this country in the eyes of the whole world, so that the foreigner can convict us out of our own mouths, and jibe at us for hypocrisy and turpitude we are wholly innocent of, and for crimes we have never committed.[ ] i say that the history of this society presents nothing but a dreary record of energies wasted, talents misapplied, wealth uselessly squandered, charity perverted, and philanthropy run mad. the members of this society never think, perhaps, of the mischief they have done and are doing. here has our government been trying for the past seven or eight years to agree upon a revised commercial treaty with the government of china, and here also, side by side, is an irresponsible political body doing its utmost to cripple, paralyse, and defeat our government in its efforts, taking up, in fact, a downright hostile attitude to the action of the imperial and indian governments, by carrying on an unauthorized unofficial correspondence with li hung chang, the prime minister, and the most influential public man in china, who is a master of the arts of diplomacy, and who is doing his utmost to get the better of us if he can in the matter of the chefoo convention. here, i say, is this society putting forward li's audacious and misleading letter to its secretary, mr. storrs turner, as an embodiment of truth and justice. is this patriotic or proper on the part of this anti-opium society? should that body, instead of setting itself up as a junto, with a quasi-official standing, having a monopoly of all the virtues, be allowed by the government to carry on its mischievous organization any longer? i think not. i believe there is no other country in the world--not even america, where liberty has run to seed--where such an intermeddling, anti-national and mischievous confederacy would be permitted to exist. instead of trying to thwart her majesty's government, as it is doing, it should be the duty of its members, of every englishman interested in china, and, indeed, of the whole country, to strengthen as far as possible the hands of the government in its endeavour to bring the pending negotiations for a commercial treaty with china to a successful close. yet what are the present plans of this pragmatical body? in its latest publication, a compilation of the most fallacious and misleading matter, bearing a title meanly plagiarized from this book, it is announced that the following motion stands upon the order book of the house of commons, and is intended to be moved in the session for , viz:-- that an humble address be presented to her majesty, praying that in the event of negotiations taking place between the governments of her majesty and china, having reference to the duties levied on opium under the treaty of tientsin, the government of her majesty will be pleased to intimate to the government of china that in any such revision of that treaty _the government of china will be met as that of an independent state, having the full right to arrange its own import duties as may be deemed expedient_. what a modest proposition! the queen's ministers, it appears, cannot be trusted in their negotiations with the government of china, and her majesty in consequence is to be asked to ignore her constitutional advisers, and personally inform the chinese minister that his government shall be treated as an independent state, and so forth. in fact, this proposal is tantamount to a vote, _pro tanto_ at least, of want of confidence in the government, which, i have little doubt, would be rejected by an overwhelming majority of both sides of the house. i only hope it will be pressed to a division, as the result, i believe, will show to the country in an unmistakable manner, once and for all, the utter insignificance of the anti-opium confederacy as a political body, the falsity and mischief of its teaching, and prove the knell of its existence. if motions like this were to be passed, it would be impossible to carry on her majesty's government. the matter is really too absurd to be seriously dealt with by parliament, and i bring it before my readers more for the purpose of showing the downright folly, infatuation and fanaticism which characterize this anti-opium confederation than for any other purpose. to these political philanthropists and amateur statesmen i would recommend these lines, which seem to me to meet their case exactly:-- "no narrow bigot he, his reasoned view thy interest, england, ranks with thine, peru; war at our doors, he sees no danger nigh, but heaves for all alike the impartial sigh; a steady patron of the world alone, the friend of every country--save his own." of the missionaries themselves, beyond this opium craze that has unfortunately possessed them, i have nothing to say except to their credit. a more conscientious and deserving body of men this world has never produced; under hardships, troubles, and unspeakable difficulties, they have sped their way with courage and cheerfulness, undeterred by dangers, great privations and hardships which nothing but their strong faith and unflagging zeal in their sacred mission could have enabled them to surmount. of their ultimate success i entertain, perhaps, as little doubt as they do themselves; but on this opium question the "zeal of their house hath eaten them up," and they have unconsciously been playing the game of the crafty heathen. let them pursue their good cause, and not allow themselves to be cajoled by their bitterest enemies; above all, let them keep clear of politics. no clergyman ever improves by intermeddling in such matters, but, on the contrary, by doing so he invariably becomes a bad politician and a worse priest. let these vast sums, subscribed for the promotion of a chimera, be transferred to the missionaries' fund, so as to improve the lot of these missionaries and give them a little more comfort in the hostile climate and the bitter fight that is before them. "the labourer is worthy of his hire," and it is starving the missionary work not to pay its servants liberally, i should say most liberally. with respect to the rev. mr. storrs turner, whose name i have so often mentioned, and whose writings i have so frequently animadverted upon, i had the pleasure of knowing him in china. no worthier or better gentleman, and no more able and zealous missionary clergyman ever set foot there. in referring to him and his writings as i have done, nothing was further from my thoughts than to impute to him for a moment an unworthy motive. he is in the first rank of the missionary clergymen who stood the brunt of the battle, and is deserving of praise and honour. as yet the missionaries have been like husbandmen tilling an unkindly soil, trying to produce wholesome fruit where only gross weeds grew before; and although small apparently has been the fruit as yet, the unfriendly soil has shown signs of yielding, and i feel assured that the day will come when their labours shall be rewarded with a plenteous harvest. i have now told the truth, the whole truth, and nothing but the truth on the opium question; certainly such has been my intention. in doing so i am afraid i may have given pain to many good and excellent people; i know that i have given pain to myself. i can only repeat that i have never intended to impute a wrongful or unworthy motive to any of them. those who are and have been engaged in the anti-opium agitation are, i admit, influenced by the best motives. i have myself throughout been solely actuated by a desire to remove the unfounded delusions that have got possession of these worthy people, which have done great injustice to our fellow-countrymen in china, as well as to the benevolent british public, which has kept this anti-opium society provided with the funds that have enabled them to carry on their operations, to the embarrassment of the administration of our great indian entire. personally, i say again, that i have no interest whatever in the matter, nor have i any leaning towards the interests of any of the merchants now engaged in the opium trade. my hands in this matter are absolutely clean. in the preface to the first edition of these lectures i have explained how and why i came to deliver them; that is my explanation without any mental reservation whatsoever. i have, i admit, a very strong feeling upon the subject, but so also have those who differ from me; and i would ask those most excellent and honourable people to remember that there are two sides to most questions,--to imagine, if they can, that there are other persons, totally opposed to their views, who are quite as honest in their convictions as they are themselves,--to look upon me as one of those persons, and to measure my feelings by the strength of their own. i say this because i have heard that a rumour to the effect of my being in some way personally interested in the indo-china opium trade has been circulated. if such is the case, this rumour has no foundation in fact. i cannot prevent the dissemination of such reports; but they are, i repeat, utterly groundless. honest in my purpose, i can afford to treat them with unconcern, and can justly add, whilst far from setting myself up as better than my neighbours, that-- "i am arm'd so strong in honesty, that they pass me by as the idle wind, which i respect not." appendix. appendix. _being an official letter from the hon. francis bulkeley johnson, of the firm of jardine, matheson, & co., chairman of the hong kong chamber of commerce, to charles magniac, esq., m.p., president of the london chamber of commerce._ hong kong general chamber of commerce, hong kong, nd november, . sir,--the attention of the committee of this chamber has been called to certain statements recently made in the united kingdom regarding this colony, on what must unfortunately appear to the public mind to be competent authority, but which are nevertheless unwarranted and misleading. the statements referred to are, in the opinion of the committee, calculated not only to affect injuriously the reputation of the colony, but to damage its interests by prejudicing the policy of the home government and the imperial parliament, when dealing with the settlement of questions arising out of the close political and commercial relations which the island of hong kong from its juxta-position must necessarily hold with the empire of china. the committee offers no apology for addressing you on this subject as it ventures to believe that the promotion of british commercial enterprise abroad in all legitimate channels is one of the objects the london chamber of commerce has in view, and, to that end, it is clearly desirable that a true appreciation should prevail, not only among the members of your influential committee, but throughout the united kingdom, as to the position and character of british trade and traders in the colonies and foreign countries. in the course of an address on the repression of crime delivered at the social science congress, recently held in nottingham, sir john pope hennessy, governor of this colony, now on leave of absence in england, is reported to have said--i quote from the _nottingham and midland counties daily express_, of the nd september:--"in the little colony under my government one million sterling changes hands every month in the article of opium. but, with commercial activity and profits, there comes an increase of crime from opium, from its consumption, and from its smuggling. hong kong wages a chronic opium war on a small scale with china. a desperate class of men, the opium smugglers make the colony the base of their operations--they purchase cannon and ammunition there, they fit out heavily armed junks and engage, within sight of the island, in naval battles with the revenue cruisers of the emperor of china. sometimes the emperor's revenue officers are killed, sometimes the smugglers. not unfrequently wounded men of both sides are brought into the colony. all this gives rise to a class of crimes difficult for the governor to repress, difficult on account of the influence of those who profit by it, whether they are local traders or the financiers of a viceroy." the picture thus sensationally drawn is one which, from its great exaggerations, gives an untrue representation of the state of things prevailing in these waters, and cannot fail to lead to the formation of wholly incorrect inferences as to the relations existing between the population of this island, for the most part law-abiding and pursuing honest and industrious callings, and the authorities of the neighbouring mainland. sir john hennessy states that opium, to the extent of a million sterling, _changes hands_ in this colony every month, and this assertion as to the magnitude of the trade was obviously made in order to show the vast and wide-spread interests involved in it, and the influential protection therefore likely to be afforded to a traffic which the general tenour of the remarks just quoted cannot fail to lead ordinary readers to suppose is to a very large extent, if not mainly, contraband. your committee will be able to judge from the following facts how far the injurious imputation, thus plausibly insinuated, if not directly stated, is to be justified by the actual position of affairs. the import of opium from india and persia to hong kong and _the whole of china_, for the year was-- of malwa, from bombay , chests. bengal, from calcutta , " from persia , " ------ total , chests. of an approximate value of £ , , sterling. with some slight and unimportant exceptions the whole of this opium, the trade in which it is worthy of note is now practically monopolized by british indian firms, passes through this harbour, but by far the larger proportion of it can only be classed under the head of hong kong trade in the sense in which the traffic through the suez canal can be considered as egyptian trade. about one half of the quantity of opium i have named as the entire import, is immediately sent on either in the original foreign vessels conveying it here, or by other vessels, also foreign, to shanghai, where it is entered regularly at the custom house under official foreign superintendence. of the remainder, about one half, that is to say, one quarter of the whole, is shipped by foreign vessels to other treaty ports open to foreign trade, where it is duly entered at the customs. the local trade proper of the colony, whether for shipment to macao or canton by foreign and native vessels, or in native bottoms, to non-treaty ports,--_i.e._ to ports and places with which foreign vessels cannot trade,--for consumption on the island, and for re-export in a prepared state to california and australia, or for smuggling purposes, embraces therefore about one fourth of the entire export to china from india and persia, or say, in quantity about , chests of an approximate value of £ , , , or about £ , per month instead of £ , , per month as asserted by governor hennessy. there being no custom house at this port, it is impossible to obtain thoroughly accurate statistics as to the disposition of the , chests of opium which form the local trade of the colony. as regards the local consumption and export in a prepared state, it may be estimated that from , to , chests are boiled in the colony every year, leaving a balance of , to , chests to be accounted for. to suppose that this quantity is taken into china by smugglers would be to disregard all the known conditions of the trade and the fact that the preventive service of the chinese empire is probably in point of espionage the most carefully organized one in the world. on every road, in every village bordering on a river or waterway, at every port, village, and fishing station along the coast, there is a watchful customs station rendering it very difficult for a boat of the smallest size to touch the shore without being overhauled and made to pay levies purporting to be imperial or local dues. to what extent such dues are honestly levied and declared, there is no means of ascertaining. the customs stations are believed to be farmed out by the provincial authorities to officials who pay for their appointments, and although a service thus organized would be considered as a demoralized one and its system unreservedly condemned according to western ideas, it is probable that the receipts of perquisites, and the partial remission of duties by customs officials who farm the revenue, is a _quasi_ recognized practice acquiesced in by all classes throughout the empire. with this system, however, the colony and merchants of hong kong have no concern, and for its results they are in no way responsible. as the vast majority of the junks which leave the mainland with produce or arrive there with imports, undoubtedly obtain from the local custom houses port clearances and bills of entry, the large trade, whether in opium or other goods, carried on between this port and places on the coast in native bottoms, being thus subjected to the ordinary fiscal dues levied on the china coast according to the practice of the empire, is for the most part a strictly legal one. smuggling between this island and the mainland in goods other than opium scarcely exists, as an evasion of the low _ad valorem_ duty of five per cent. which is payable on entry at the treaty ports, and is probably the maximum similarly leviable at other ports, would not compensate for the heavy charges which must be incurred by transit over unusual routes even if the ubiquitous customs officials could be avoided. opium, owing to its portable character, the facility with which it can be hidden beneath water without serious deterioration, and the high duty imposed upon it, is more readily and profitably smuggled, but the returns which have been received through the native custom house at canton make it nearly certain that the quantity which evades the payment of duty, either at the treaty ports or the ports and places not open to foreign trade, is not greater than , to , chests per annum. (see parliamentary papers--china no. , .) and the quantity thus estimated to be smuggled is not conveyed, as alleged by governor hennessy, in junks heavily armed for the purpose, fighting their way to the mainland through the revenue cruisers, but is concealed, a few balls at a time, about the persons, and in the luggage of chinese passengers by the steamers plying between this port and canton, and other places on the coast, or in ordinary trading junks and fishing boats of unpretentious character, or fast pulling boats propelled by a number of rowers, or by various devices such as are practised by the persons who evade the duties on tobacco in the united kingdom. that the revenue cruisers which surround this island keep up an effective blockade which prevents the smuggling of opium on a much larger scale than at present takes place, is probably true, and it is also true that chinese junks and boats in the estuary of the canton river, which do not promptly submit to be overhauled by the cruisers, are chased and brought to for examination, if necessary, by being fired upon. the propinquity, however, of this island to the mainland, so far from being a cause of injury to the chinese customs revenue, operates most advantageously for the collection of fiscal levies upon the foreign trade of the southern coast of the empire. were the island situated at a greater distance from the mainland than it is, or did not exist in its present conditions as a free port under a foreign government, the difficulties which would be placed in the way of the chinese authorities, when engaged in checking smuggling in opium, would be much greater than they now are. opium in that case would probably be shipped in native vessels from more distant depôts, such as singapore, saigon or the french mediatized territory of tonquin, to chinese ports and places, and it would be impossible for the revenue cruisers to watch the entire line of their own coast as effectively as they are now able to blockade this island in which the trade is centred and controlled. there is, therefore, no ground for governor hennessy's statement that this colony is engaged in chronic war with the neighbouring mainland, or for his implied imputation that the course of its trade is injurious to the chinese fiscal revenue. on the contrary, the facts of the case show that the physical conditions of the island of hong kong not only afford the ready means by which the chinese government is enabled to protect its legitimate revenue, but also unfortunately place it in the power of the authorities of the province of quangtung to surcharge the trade in foreign goods, carried on in native vessels between hong kong and the southern ports of china, with additional taxation in excess of that authorized by the foreign treaties. with the view to make a representation to h.m. government in support of which it may hereafter be necessary to invite the good offices of your committee, this chamber is now engaged in an investigation into the facts, so far as they can be ascertained, relating to this alleged surcharge of duties upon the colonial trade for the collection of which, as well as for the prevention of an illicit traffic in opium, there is reason to believe the blockade of this island by chinese revenue cruisers is maintained. so much as regards the general conditions of the trade of the colony which evidence the grave misrepresentations contained in the nottingham address, but in order to show conclusively, by official returns on matters of fact, the groundlessness of the specific accusation made by sir john pope hennessy, your attention is invited to the annexed copies of correspondence, with its enclosures, between the colonial government and the committee of this chamber. in response to the request of the committee, the acting colonial secretary under the direction of his excellency the administrator has furnished the chamber with the following documents, viz.:-- . extracts from a report by the colonial treasurer and registrar general upon the opium trade of the colony. . return from the harbour master, showing the character of the native vessels engaged in opium smuggling and the number of cases of alleged smuggling brought before the marine court since april . . return from the captain superintendent of police, showing the total number of attacks and seizures made by customs revenue cruisers in the neighbourhood of the colony and reported to the police since st january . the colonial treasurer's report on the opium trade for , confirms the figures of the approximate estimate made by this chamber from independent sources and given above, as to the probable quantity of opium smuggled into china from this colony. the harbour master's return shows that there is no special class of vessels fitted out in the colony and heavily armed for the purpose of opium smuggling, as alleged by governor hennessy, and in the five cases cited in the report which comprise the whole number brought before the marine court in the course of five years, it will be seen that the quantity of opium found in the vessels charged with being engaged in illicit trade was so inconsiderable, as to make it obvious that the concealment of opium took place in each case in an ordinary trading junk. it is also clear from this return that nothing is known in the harbour master's department of the armed organization for the purpose of opium smuggling which is stated by governor hennessy to carry on a chronic war with the empire of china. the return from the captain superintendent of police dealing with the entire number of cases reported to the police authorities during the years to (inclusive) of seizures by chinese revenue cruisers and affrays between the cruisers and native vessels on the neighbouring china coast, is instructive. the number of cases is , but of these only are reported to be connected with the opium trade and the value of the opium seized varies from $ in one case to the maximum amount in another of $ , showing, in confirmation of the report by the harbour master to a similar effect, the comparatively unimportant character of the opium smuggling which prevails in these waters, and the absurdity of the allegation that there is a large contraband trade conducted in heavily armed junks fitted for the purpose in this harbour. the remaining cases of seizures by revenue cruisers during five years do not appear by the returns to have been connected with opium; of them were salt junks, sulphur and saltpetre, general cargo, and sugar. in cases the particulars of cargoes are not stated. the return shows the number of casualties with fatal results reported to the police as having occurred in affrays between native vessels and the revenue cruisers during the period of five years under review. such casualties have been in number, but not one of them appears to have had any connection with opium smuggling, or to have arisen out of any case of contraband trading with which this colony was concerned. in august , a fisherman on the hong kong shore was accidentally killed by a shot fired by a revenue cruiser when pursuing a junk ultimately seized for some breach of chinese regulations with general cargo on board. in may , three men of a revenue cruiser were killed in an affray with a junk carrying salt. as salt is not produced or prepared in this island, this affray was not generated in the colony or within colonial waters. the preparation of salt in china is conducted as a very strict monopoly by means of government licenses, and trade in it other than by duly authorized persons is contraband. serious affrays between salt smugglers and revenue officers are well known to be common throughout the empire, they are frequently alluded to in the _peking gazette_, and in the case referred to in the police report, the junk must have been passing from one part of the territory of china to another part outside of british waters. on th november , a man was killed in a boat which was conveying two gentlemen of this colony who were returning from a shooting expedition on the mainland. passing by a customs station on the chinese side of the channel the boat was ordered to heave to; not doing so promptly, musket shots were fired at it and one of the crew was most unfortunately killed. in this case there appears to have been no smuggling attempted. in april this year a man was killed on board a rowing boat in the narrow channel separating hong kong from the mainland, and in june last two men were killed outside british waters in a trading junk carrying sulphur and saltpetre, which are contraband articles of trade in china. in neither case does it appear that opium was concerned. with reference, therefore, to sir john pope hennessy's allegations, which were to the following effect:-- _a._--that this island is the base of operations for a class of desperate men who carry on a large contraband trade in opium with china; _b._--that for the purpose of carrying on that trade, junks heavily armed with cannon are fitted out here and wage a chronic war with the neighbouring empire; _c._--that these junks engage, within sight of the island, in naval battles with the chinese revenue cruisers resulting in large loss of life on both sides; the facts are:-- _a._--there is no large contraband trade in opium carried on between this colony and the china coast. on the contrary, the opium smuggled, considering the extent of the trade, is inconsiderable, and for the most part is carried into china in small quantities, portable and easily concealed, just as parcels of tobacco are smuggled into the united kingdom. _b._--that within the knowledge of the harbour master and the colonial police authorities no armed junks have been fitted out in this harbour during the last five years for the purpose of opium smuggling. smuggling of opium, when attempted at all otherwise than by passengers in the various steamers trading to the coast of china, is carried on in ordinary trading junks or in rowing boats dependent for success in their illicit trade upon their swiftness and small size. _c._--no such contests as those referred to in allegation _c_ have taken place within the last five years, and no loss of life in connection with opium smuggling during the same period has come under the notice of the police. any serious affrays attended with loss of life which have occurred in the neighbourhood of this colony between native vessels and revenue cruisers, have been in connection with contraband traffic in other articles on the adjacent china coast with which, so far as is known, this colony has had no concern. the only instance reported by the police in which revenue officers have been injured, was the case of the salt junk referred to above and shown to be a purely chinese affair. it may be added that on goods other than opium there is very little, if any, illicit trade carried on between the colony and the mainland, and that no allegation has ever been made that foreigners are engaged directly or indirectly in smuggling of any kind. in conclusion, the committee cannot refrain from expressing regret that sir john pope hennessy having had the fullest opportunities, as governor of this island for five years, of obtaining accurate information with regard to occurrences taking place and the state of affairs prevailing here during his term of office, should have been led to make statements, unfounded in fact and misleading in the inferences they are calculated to raise, which could not fail to damage the character of the colony, the legitimate interests of which it might justly have been expected he would have been most anxious to defend. copies of this letter will be sent through his excellency the administrator to her majesty's principal secretary of state for the colonies, and to the various chambers of commerce in the united kingdom.--i am, sir, your most obedient servant, (signed) f. bulkeley johnson, _chairman_. charles magniac, esq., m.p., president of the london chamber of commerce, london. london: printed by w. h. allen and co., waterloo place. footnotes: [ ] "british opium policy, and its results to india and china." [ ] the loose control possessed by the emperor over his officials was well described by one of the most trusted ministers of the great emperor keen lung. he said to one of the jesuit missionaries at pekin, that "the emperor himself cannot put a stop to the evils that exist in the service. to displace those officials who have misbehaved themselves, he may send others, but instead of removing the evil they generally commit greater exactions than their predecessors. the emperor is assured that all is well, whilst affairs are at their worst and the people are oppressed." [ ] "china: a history of the laws, manners, and customs of the people." [ ] "the middle kingdom." a survey of the geography, government, education, social life, arts, religion, &c., of the chinese empire, and its inhabitants. [ ] as a matter of fact the skull of a chinaman is fully double the thickness of that of a european. [ ] "the river of golden sand; the narrative of a journey through china and eastern thibet to burmah," by capt. william gill, r.e. [ ] "the principles and practice of medical jurisprudence," by alfred swaine taylor, m.d., f.r.s. [ ] i have a distant recollection of a syllogism with which schoolboys once used to exercise the minds of their juniors, which ran, i think, thus:-- epimenides said all cretans were liars, epimenides himself was a cretan, therefore epimenides was a liar,--therefore he was not a liar. [ ] "l'angleterre, la chine, et l'inde." i am indebted for a transcript of the chapter in question to mr. h. henry sultzberger, merchant, of no. cannon street, city, who has taken such an interest in the opium question that he had the chapter printed at his own expense; and also to m. d'audlan, a teacher of modern languages, for a translation of it. [ ] "annals of chemical medicine, including the application of chemistry to physiology, pathology, therapeutics, pharmacy, toxicology and hygiene." [ ] in those days about £ sterling.--w. h. b. [ ] the unfounded charge of smuggling by british merchants and foreigners in hong kong has been completely refuted by the honourable francis bulkeley johnson, the chairman of the chamber of commerce of the colony, in a very able letter to charles magniac, esq., m.p., the president of the london chamber of commerce. this letter, which reached me just before going to press, will be found set out _in extenso_ by way of appendix. it is full of valuable and interesting information on the indo-china opium trade, and is well worthy of careful study. [ ] in a recent number of the _temps_, england was flouted with playing a humanitarian, hypocritical part towards tunis, whilst we oppressed the natives of china by forcing them to smoke opium, in order to augment the revenue of the indian government. [illustration] cyclopedia _of_ commerce, accountancy, business administration volume _a general reference work on_ accounting, auditing, bookkeeping, commercial law, business management, administrative and industrial organization, banking, advertising, selling, office and factory records, cost keeping, systematizing, etc. _prepared by a corps of_ auditors, accountants, attorneys, and specialists in business methods and management _illustrated with over two thousand engravings_ ten volumes chicago american technical society copyright, by american school of correspondence copyright, by american technical society entered at stationers' hall, london all rights reserved authors and collaborators james bray griffith, _managing editor_ head, dept. of commerce, accountancy, and business administration, american school of correspondence. robert h. montgomery of the firm of lybrand, ross bros. & montgomery, certified public accountants. editor of the american edition of dicksee's _auditing_. formerly lecturer on auditing at the evening school of accounts and finance of the university of pennsylvania, and the school of commerce, accounts, and finance of the new york university. arthur lowes dickinson, f.c.a., c.p.a. of the firms of jones, caesar, dickinson, wilmot & company, certified public accountants, and price, waterhouse & company, chartered accountants. william m. lybrand, c.p.a. of the firm of lybrand, ross bros. & montgomery, certified public accountants. f. h. macpherson, c.a., c.p.a. of the firm of f. h. macpherson & co., certified public accountants. chas. a. sweetland consulting public accountant. author of "loose-leaf bookkeeping," and "anti-confusion business methods." e. c. landis of the system department, burroughs adding machine company. harris c. trow, s.b. _editor-in-chief_, textbook department, american school of correspondence. cecil b. smeeton, f.i.a. public accountant and auditor. president, incorporated accountants' society of illinois. fellow, institute of accounts, new york. john a. chamberlain, a.b., ll.b. of the cleveland bar. lecturer on suretyship, western reserve law school. author of "principles of business law." hugh wright auditor, westlake construction company. glenn m. hobbs, ph.d. secretary, american school of correspondence. jessie m. shepherd, a.b. associate editor, textbook department, american school of correspondence. george c. russell systematizer. formerly manager, system department, elliott-fisher company. oscar e. perrigo, m.e. specialist in industrial organization. author of "machine-shop economics and systems," etc. darwin s. hatch, b.s. assistant editor, textbook department, american school of correspondence. chas. e. hathaway cost expert. chief accountant, fore river shipbuilding co. chas. wilbur leigh, b.s. associate professor of mathematics, armour institute of technology. l. w. lewis advertising manager, the mccaskey register co. martin w. russell registrar and treasurer, american school of correspondence. halbert p. gillette, c.e. managing editor, _engineering-contracting_. author of "handbook of cost data for contractors and engineers." r. t. miller, jr., a.m., ll.b. president, american school of correspondence. william schutte manager of advertising, national cash register co. e. st. elmo lewis advertising manager, burroughs adding machine company. author of "the credit man and his work" and "financial advertising." richard t. dana consulting engineer. chief engineer, construction service co. p. h. bogardus publicity manager, american school of correspondence. william g. nichols general manufacturing agent for the china mfg. co., the webster mfg. co., and the pembroke mills. author of "cost finding" and "cotton mills." c. h. hunter advertising manager, elliott-fisher co. frank c. morse filing expert. secretary, browne-morse co. h. e. k'berg expert on loose-leaf systems. formerly manager, business systems department, burroughs adding machine co. edward b. waite head, instruction department, american school of correspondence. authorities consulted the editors have freely consulted the standard technical and business literature of america and europe in the preparation of these volumes. they desire to express their indebtedness, particularly, to the following eminent authorities, whose well-known treatises should be in the library of everyone interested in modern business methods. grateful acknowledgment is made also of the valuable service rendered by the many manufacturers and specialists in office and factory methods, whose coöperation has made it possible to include in these volumes suitable illustrations of the latest equipment for office use; as well as those financial, mercantile, and manufacturing concerns who have supplied illustrations of offices, factories, shops, and buildings, typical of the commercial and industrial life of america. joseph hardcastle, c.p.a. formerly professor of principles and practice of accounts, school of commerce, accounts, and finance, new york university. author of "accounts of executors and testamentary trustees." horace lucian arnold specialist in factory organization and accounting. author of "the complete cost keeper," and "factory manager and accountant." john f. j. mulhall, p.a. specialist in corporation accounts. author of "quasi public corporation accounting and management." sherwin cody advertising and sales specialist. author of "how to do business by letter," and "art of writing and speaking the english language." frederick tipson, c.p.a. author of "theory of accounts." charles buxton going managing editor of _the engineering magazine_. associate in mechanical engineering, columbia university. corresponding member, canadian mining institute. f. e. webner public accountant. specialist in factory accounting. contributor to the engineering press. amos k. fiske associate editor of the _new york journal of commerce_. author of "the modern bank." joseph french johnson dean of the new york university school of commerce, accounts, and finance. editor, _the journal of accountancy_. author of "money, exchange, and banking." m. u. overland of the new york bar. author of "classified corporation laws of all the states." thomas conyngton of the new york bar. author of "corporate management," "corporate organization," "the modern corporation," and "partnership relations." theophilus parsons, ll.d. author of "the laws of business." e. st. elmo lewis advertising manager, burroughs adding machine company. formerly manager of publicity, national cash register co. author of "the credit man and his work," and "financial advertising." t. e. young, b.a., f.r.a.s. ex-president of the institute of actuaries. member of the actuary society of america. author of "insurance." lawrence r. dicksee, f.c.a. professor of accounting at the university of birmingham. author of "advanced accounting," "auditing," "bookkeeping for company secretary," etc. francis w. pixley author of "auditors, their duties and responsibilities," and "accountancy." charles u. carpenter general manager, the herring-hall-marvin safe co. formerly general manager, national cash register co. author of "profit making management." c. e. knoeppel specialist in cost analysis and factory betterment. author of "systematic foundry operation and foundry costing," "maximum production through organization and supervision," and other papers. harrington emerson, m.a. consulting engineer. director of organization and betterment work on the santa fe system. originator of the emerson efficiency system. author of "efficiency as a basis for operation and wages." elmer h. beach specialist in accounting methods. editor, _beach's magazine of business_. founder of the bookkeeper. editor of _the american business and accounting encyclopedia_. j. j. rahill, c.p.a. member, california society of public accountants. author of "corporation accounting and corporation law." frank brooker, c.p.a. ex-new york state examiner of certified public accountants. ex-president, american association of public accountants. author of "american accountants' manual." clinton e. woods, m.e. specialist in industrial organization. formerly comptroller, sears, roebuck & co. author of "organizing a factory," and "woods' reports." charles e. sprague, c.p.a. president of the union dime savings bank, new york. author of "the accountancy of investment," "extended bond tables," and "problems and studies in the accountancy of investment." charles waldo haskins, c.p.a., l.h.m. author of "business education and accountancy." john j. crawford author of "bank directors, their powers, duties, and liabilities." dr. f. a. cleveland of the wharton school of finance, university of pennsylvania. author of "funds and their uses." [illustration: the supreme court building at springfield, ill.] foreword with the unprecedented increase in our commercial activities has come a demand for better business methods. methods which were adequate for the business of a less active commercial era, have given way to systems and labor-saving ideas in keeping with the financial and industrial progress of the world. out of this progress has risen a new literature--the literature of business. but with the rapid advancement in the science of business, its literature can scarcely be said to have kept pace, at least, not to the same extent as in other sciences and professions. much excellent material dealing with special phases of business activity has been prepared, but this is so scattered that the student desiring to acquire a comprehensive business library has found himself confronted by serious difficulties. he has been obliged, to a great extent, to make his selections blindly, resulting in many duplications of material without securing needed information on important phases of the subject. in the belief that a demand exists for a library which shall embrace the best practice in all branches of business--from buying to selling, from simple bookkeeping to the administration of the financial affairs of a great corporation--these volumes have been prepared. prepared primarily for use as instruction books for the american school of correspondence, the material from which the cyclopedia has been compiled embraces the latest ideas with explanations of the most approved methods of modern business. editors and writers have been selected because of their familiarity with, and experience in handling various subjects pertaining to commerce, accountancy, and business administration. writers with practical business experience have received preference over those with theoretical training; practicability has been considered of greater importance than literary excellence. in addition to covering the entire general field of business, this cyclopedia contains much specialized information not heretofore published in any form. this specialization is particularly apparent in those sections which treat of accounting and methods of management for department stores, contractors, publishers and printers, insurance, and real estate. the value of this information will be recognized by every student of business. the principal value which is claimed for this cyclopedia is as a reference work, but, comprising as it does the material used by the school in its correspondence courses, it is offered with the confident expectation that it will prove of great value to the trained man who desires to become conversant with phases of business practice with which he is unfamiliar, and to those holding advanced clerical and managerial positions. in conclusion, grateful acknowledgment is made to authors and collaborators, to whose hearty coöperation the excellence of this work is due. table of contents (for professional standing of authors, see list of authors and collaborators in front of volume.) volume iii law of contracts and agency _by john a. chamberlain_ page law in general--contracts--consideration--revocation--illegal contracts--mistake--assignments--discharge of contract--warranty-- recision--remedies for breach--forms of contracts--appointment of agents--sub-agents--factors--brokers--auctioneers--real estate brokers law of partnership and corporations _by john a. chamberlain_ page creation of partnership--agreements--rights and liabilities-- change of membership--survivorship--dissolution--powers of corporations--capital stock--calls and assessments--watered stock--common and preferred stock--dividends--officers and agents law of negotiable instruments, banking, and insurance _by john a. chamberlain_ page negotiability and assignability--law merchant--notes, drafts, bills of exchange, and checks--bonds--indorsement--forgery-- fraud and duress--consideration--defences--dishonor and protest-- functions and powers of banks--deposits--loans and credits-- discount--exchange--interest--insurance contracts--policies-- suretyship--subrogation--indemnity law of sales, mortgages, and carriers _by john a. chamberlain_ page sale, barter, and bailment--when title passes--effect of fraud-- warranties--seller's lien--title to property bailed--degree of care required--pledges--collateral securities--redemption-- mortgages--form of mortgages--foreclosure--title to goods after delivery--stoppage _in transitu_--interstate commerce act-- passengers--baggage law of real property _by john a. chamberlain_ page crops and emblements--party walls--fixtures--fences--private ways and highways--varieties of estates--waste--deeds-- possession--deeds and mortgages--transfer of mortgages and mortgaged premises--satisfaction--redemption--foreclosure-- parties to trusts--varieties of trusts--rights of tenant-- rent--distress--leases--actions for possession--trade marks law of wills and legal actions _by john a. chamberlain_ page parties and terms in wills--publication--revocation and alteration--advancement, abatement, and ademption--form of wills--varieties of courts--legal actions and their enforcement index page [illustration: the building of the law school of the university of chicago] commercial law part i law in general = . rights.= men are endowed with certain individual rights. these rights are principally of two classes, personal and property. men have the right to live in peace and quietude. in so far as it does not interfere with the same privilege on the part of others they have the right to be unmolested in the pursuit of happiness. they have the right to defend themselves against the attacks of others, to satisfy bodily hunger and thirst, and to preserve their bodies in health and strength. besides these personal rights, men have the right to acquire and keep property. this right is also subject to the limitation of not interfering with the same privilege on the part of others. men have the right to acquire property, both chattel and real. for the purpose of rendering their existence and enjoyment secure, they have the right to keep the title and possession of this property in themselves. in primitive times, property rights were few. personal rights were recognized and enforced by might. as the requirements of civilized life became more complex, property rights were needed and recognized. rules of conduct and rules for the holding and transfer of property were recognized and enforced. might ceased to be the principal method of enforcing rights. rules began to be recognized and enforced with regard to persons and property. these rules are known as laws. = . law.= law may be defined to be a rule of human conduct. it may be said to embrace all rules of human conduct recognized by courts of law. laws are necessary to enable men to enforce and enjoy their rights, both personal and property. customs of men become rules by which human affairs are regulated. men may disagree as to what their rights are, or as to their exact scope or limitations. in this event, rules of conduct or laws must determine their scope and limitations. disputes among men arise about their personal or property rights. the rules recognized by the courts in settling these disputes are laws. these rules or laws relate both to persons and property. a law which prohibits murder is a rule by which the state protects the lives of its citizens; a law which prohibits theft is a rule for the protection of property. = . sources of law.= law is derived from the customs of the people and from the written declarations or agreements of the people or their representatives. the customs of the people, constituting a large part of our law, are found principally in the decisions of courts. each state of this country prints and keeps a permanent record of at least the most important decisions of its court of last resort. many decisions of lower courts are printed and preserved. every law library of importance has the printed reports of the supreme court of each state of this country; as well as the reports of the higher courts of most of the countries where the english language is spoken or officially recognized. the reports of the higher courts of england, ireland, canada, australia, and of many of the island possessions of this country and of england, are found in most law libraries. the second source of law is the written declaration of the people or their representatives. these declarations consist of legislative acts, treaties and constitutions. in this country, legislative acts may be either national or state. many statutes are nothing more than recognized customs enacted into written laws. other statutes are variations or restrictions of recognized customs. national legislative acts are numbered consecutively, printed and bound into volumes known as the _federal statutes_. each state numbers its statutes consecutively and prints and binds them into volumes known as the _state statutes_. = . divisions of the law.= there are two great divisions of the law, _written_ and _unwritten_. the greater portion of the law consists of the customs of the people, as evidenced and preserved by the written decisions of the courts. these customs, to be recognized as law, need not be found in written decisions, but the most important ones have become embodied therein. new customs are necessary and are recognized to meet new and changing conditions. these new customs are continually adding to our unwritten law. while this great portion of the law is called unwritten law, the greater portion of it actually is in writing, and is preserved in permanent form by our court reports, both national and state. the second division of law is known as written law. it consists of treaties, constitutions, and legislative acts. _treaties_ are international compacts. _legislative acts_ are the laws passed by the people or their representatives. in this country they consist of the laws passed by the united states congress, and by the representative bodies of each state. _constitutions_, in this country, consist of the state constitutions and the united states constitution. in england the constitution is not written, but is a part of the unwritten law of the land. = . classification of law.= a number of useful classifications of the law are recognized. any classification is more or less arbitrary, and no classification has been recognized universally. law may be classified as _public_, _administrative_, and _private_. public law embraces the law of nations, called _international law_; the laws regulating the enforcement and recognition of constitutional provisions, called _constitutional law_; and the laws protecting citizens against the actions of dangerous characters, called _criminal laws_. the public as a unit is said to be interested in public law. public laws are recognized and enforced in theory, at least, for the benefit of the public and not for any particular individual. for example, if a murder is committed, the state through its officers prosecutes and punishes the criminal on the theory that a wrong has been done the state. the heirs or representatives of the person murdered can sue and recover money compensation, called _damages_, from the murderer, but the state punishes the criminal. this work does not treat of public law. _administrative law_, sometimes called _law of procedure_, embraces the rules and regulations relating to the enforcement of personal and property rights. the laws relating to courts, the method and manner of starting legal actions, the trial of cases, and the rendering and enforcement of judgments are common examples of administrative law. _private law_ embraces the _law of contracts_ and of _torts_. contracts consist of agreements of every nature. the great majority of dealings of men are carried out by means of contracts. this is the most important, as well as the most extensive subject known to the law. torts embrace all private wrongs not arising out of contracts. any injury inflicted by one person upon the person or property of another, which is not a breach of contract, is a tort. tort is the french word for private wrong. if _a_ carelessly drives his automobile into _b_'s wagon, he commits a tort. if _a_ carelessly drives his horse over _b_'s field, he commits a tort. if _a_ wrongfully strikes _b_, he commits a tort. torts and crimes frequently over-lap. the same act may constitute a tort and a crime. if _a_ drives his automobile faster than the laws of the state or city permit, and while so doing runs over and injures _b_, he commits both a tort and a crime. he is liable to the state for imprisonment or fine for the crime, and he is liable to _b_ in money for damages for the tort. the same act may constitute a crime, a breach of contract, and a tort. if _a_, engaged as a chauffeur to operate an automobile carefully and skillfully, violates the speed law, and in so doing runs over and injures _b_, he commits a crime and is liable to the state for punishment or fine. he is also liable in damages to _b_ for the tort committed, and is liable in damages to his employer for breach of contract. this work has largely to do with the law of contracts and torts. the term _commercial law_, applied to this work, is a term used arbitrarily to embrace the laws relating to commercial affairs. it has no distinct place in the general classification of law. contracts = . contract, defined and discussed.= a contract has been defined to be an agreement between two or more competent parties, enforceable in a court of law, and based upon a sufficient consideration, to do or not to do a particular thing. the law relating to contracts is the most important, as well as the most extensive, branch of commercial law. it touches, directly or indirectly, most of the dealings of men. it is the legal basis of all business transactions. in the daily routine of their life, most families make many contracts. by reading the morning paper left at his door, a person impliedly agrees to pay the publisher the customary price. by ordering the daily supply of groceries by telephone, the housewife impliedly contracts to pay for their value, upon delivery, or at the customary time of payment. by purchasing a number of car tickets from the street car conductor, a person makes a contract. by ordering a lunch, a person impliedly agrees to pay the customary price. in the more important business transactions, formal contracts are written out and signed. in these transactions the parties endeavor to define their duties and obligations clearly and expressly, in order that they may understand each other and in order that neither can dishonestly claim that the contract contains a certain provision or condition. contracts are legal or illegal, void or voidable, depending upon their form and nature. an understanding of the necessary elements of valid contract is the foundation, to the understanding of commercial law. = . offer, acceptance and agreement.= to constitute a transaction a valid contract, there must be an offer on the one hand, and an acceptance on the other. this necessitates at least two parties to every contract. one must make a proposition, the other must accept it. the acceptance must be of the exact terms of the offer, to constitute a legal acceptance. if the attempted acceptance is not made in the precise terms of the offer, it constitutes a counter offer, which, to constitute a contract must, in turn, be accepted by the original offeror. if _a_ offers _b_ one hundred dollars for _b's_ horse, and _b_ in turn agrees to take one hundred dollars, the transaction constitutes a valid contract. if _a_ offers _b_ one hundred dollars for _b's_ horse, and _b_ in turn offers to sell the horse for one hundred and twenty dollars, the transaction does not constitute a contract, for the reason that _a's_ offer has not been accepted. _b_, however, makes a counter offer, which if not assented to by _a_, constitutes no contract. if, however, _a_ agrees to accept _b's_ offer to sell the horse for one hundred and twenty dollars, this constitutes a valid contract, in which _b_ is the offeror and _a_ the acceptor. these counter offers in response to offers may go on indefinitely without constituting contracts. so long as the response to the offer varies the terms of the offer, it constitutes a counter offer, and not an acceptance. to constitute an acceptance, the exact terms of the offer must be agreed to. courts lay down the principle that there must be a meeting of the minds of the contracting parties, to constitute the transaction a valid contract. this means that the offer must be accepted in its precise terms. the minds of the contracting parties cannot meet, unless the acceptance is of the exact terms of the offer. this principle is sometimes called _mutuality_. an acceptance must be communicated to the offeror. a mere mental operation, or an attempted acceptance, not communicated to the offeror, does not constitute a legal acceptance. the offer, or acceptance, may be in the form of an act as well as by verbal or written communication. if a person orders a barrel of flour of his grocer, the order constitutes the offer, and the delivery of the flour and the receipt of same by the purchaser, constitutes the acceptance. the purchaser is bound to pay the market price for the flour, regardless of the fact that the price has not been mentioned. an offer can be recalled at any time before acceptance. to recall an offer, the offeror must communicate his intention so to do, to the acceptor before acceptance. agreements to hold offers open for a stipulated time are recognized. these options are, in themselves contracts, and to be binding must contain all the essential elements of a contract. an offer which has been accepted constitutes an _agreement_. an agreement, as the word suggests, means a meeting of the minds of two or more parties. the word is frequently used as synonymous with contract, but it is merely an element of a contract. while there must be an agreement in every contract, an agreement of itself does not constitute a contract. there may be an agreement between persons under legal age, but this agreement does not constitute a contract. besides an agreement, or meeting of the minds, a contract must have competent parties, a legal valuable consideration, and a lawful object. these are often called the elements of a contract. = . parties to a contract.= a contract must have at least two competent parties. each party to a contract may consist of one or more persons. to be competent to make a contract, a party must be of legal age. legal age is twenty-one years for males, and ordinarily, eighteen for females. legal age is fixed by statutes of the different states. these statutes differ somewhat as to the legal age of females. some fix it at twenty-one, others at eighteen, and some even younger than eighteen, in case of marriage. intoxicated persons, insane persons and idiots are not competent to make contracts. artificial persons or corporations can make contracts within the scope of the powers given them by the state. a person who does not voluntarily consent to the terms of a contract is not a party to it. where fraud or duress is used in obtaining a party's consent to a contract, the contract is at least voidable. it is not enforceable if the defrauded party objects on that ground. = . consideration.= consideration may be _good_ or _valuable_. good consideration consists of love and affection existing between near relations. good consideration is a sufficient consideration to support a deed given by one relative to another. but this is the only kind of contract supported by a good consideration. valuable consideration has been defined to consist of some right, interest, profit or benefit, accruing to the promisor, or some forbearance, detriment, loss or responsibility, given, suffered or undertaken by the party, to whom the promise is given. in short it is a benefit to the promisor, or a detriment to the promisee. all contracts, with the exception of sealed instruments, must be supported by a valuable consideration. sealed instruments, except where abrogated by statute, import a consideration. _a_ promises to sell his watch to _b_ for ten dollars. _b_ accepts the offer by offering to pay _a_ ten dollars. there is a valuable consideration, consisting of _b's_ promise to pay _a_ ten dollars. _a_ promises _b_ two dollars if _b_ will guard _a's_ house for two hours. there may be no actual benefit resulting to _a_, since it may have been unnecessary to have the house guarded. but if _b_ guards the house for two hours, _a_ is legally bound to pay him the contract price of two dollars. the valuable consideration is the detriment or responsibility of _b_ in guarding the house for two hours. mutual promises constitute a valuable consideration. if _a_ promises _b_ two dollars if _b_ will work for him next thursday, and _b_ promises _a_ to work for him next thursday, the contract is mutual, and is supported by a valuable consideration. the consideration consists of the promise on the part of each of the contracting parties. a past consideration will not support a contract. by a past consideration, is meant a benefit received in the past, for which no legal liability was incurred or exists. _a_ gives _b_, his son, five hundred dollars. one year later, in consideration of the past gift, _b_ promises to construct a dam for _a_. the consideration is past and does not support the attempted contract. a consideration, to be valuable and sufficient to support a contract, need not be adequate. a mutual promise, no matter how slight or trivial, or the payment of anything valuable to the promisor, is sufficient. sometimes the inadequacy of the consideration tends to prove fraud in the making of the contract. when it is sought to avoid a contract on the ground of fraud, the inadequacy of the consideration may be considered in connection with the question of fraud. when fraud does not enter into the question, adequacy of the consideration is not questioned. _a_ sells _b_ one hundred acres of land. the deed recites a consideration of one dollar. the deed of transfer is good and the smallness of the sum named does not affect the contract. a promise to do something which one is already legally bound to do does not constitute a valuable consideration to a contract. _a_ owes _b_ one hundred dollars upon a promissory note. the note is past due and _a_ fails to pay it. _a_ promises to pay the note within ten days, on condition that _b_ promise to give _a_ a barrel of apples. _b_ agrees. _a_ cannot compel _b_ to deliver the barrel of apples, nor has _a_ any defense to the payment of the promissory note, since his promise to pay the note was a promise to do something he was already bound to do. an illegal consideration does not support a contract. any consideration contrary to established law is illegal. _a_ promising to pay _b_ one thousand dollars if _b_ will burn _c's_ barn is an example of illegal consideration. = . express and implied contracts.= some contracts expressly set forth the exact terms and conditions to be performed by both the contracting parties. for example, _a_ makes a contract with _b_, by the terms of which, _b_ is to construct a house for _a_. the contract is carefully prepared in writing, _b_ is to receive five thousand dollars ($ , . ) when the house is completed, and the contract contains provisions as to the details of the work and materials. such a contract is called an _express contract_ by reason of the terms having been expressly agreed upon by the parties. a contract need not be in writing to be express. the parties may enter into an express contract orally as well. few contracts are made, however, in which some things are not implied. for example, in the contract for the building of a house it is practically impossible, or at least, is impracticable, to set forth in exact detail all the duties of the builder. for example, it would be unnecessary to give the size of the nails and number or quantity of same to be used. the contract impliedly requires the builders to use the proper size and quantity. a contract, however, in which the parties endeavor to set forth the principal things to be done, is known as an express contract. an _implied contract_ is one in which the parties do not expressly agree upon some of the important terms. _a_, a contractor, orders of _b_ one thousand feet ( , ft.) of no. white pine ship lap siding. the price is not mentioned. _b_ delivers the lumber and _a_ by implication is obliged to pay _b_ the reasonable value thereof. the greater portion of business contracts are implied. an implied contract should not be confused with uncertain contracts. uncertain contracts are void by reason of their uncertainty. _a_ offers _b_ one thousand dollars for five acres of land. _b_ accepts the offer. in case the parties had no particular five acres of land in mind, the contract is void by reason of this uncertainty. the parties' minds did not meet on the question of what particular piece of land was to be transferred. in most implied contracts the article to be delivered is a part of a large quantity, and the particular part does not matter. articles ordered from stock, such as groceries, shingles, slate, cement and lumber are common examples of this principal. = . unilateral and bilateral, executory and executed contracts.= the mutuality or meeting of the minds, constituting one of the essential elements of the contract, may result from an express promise for a promise, or from an act performed in response to a promise. _a_ promises to sell his automobile to _b_ on the following day for five thousand dollars ($ , . ). _b_ promises to pay _a_ five thousand dollars ($ , . ) the following day. the mutuality consists of the mutual promises of _a_ and _b_. such contracts are known in law as _bilateral_ contracts. _a_ promises to pay _b_ one thousand dollars ($ , . ) if _b_ will move his house to the rear of _a's_ lot. _b_, without promising to do so, moves the house. this act on the part of _b_ constitutes the acceptance of the contract and completes the mutuality. such contracts are known in law as _unilateral_ contracts. a contract to be performed in the future is known as an _executory_ contract. _a_ promises to pay _b_ seventy-five dollars, if he will work on _a's_ farm during the month of august of the following year. _b_ accepts _a's_ offer and promises to work for _a_ as proposed. the contract is to be performed at a subsequent date, and constitutes an executory contract. an _executed_ contract is one which is performed. _a_ promises to sell his bicycle to _b_ for fifty dollars ($ . ); _b_ pays the fifty dollars ($ . ) to _a_ and receives the bicycle. this contract is executed. a contract may be executed as to one party and executory as to the other. if _a_ agrees to sell and deliver his team of horses to _b_ for five hundred dollars ($ . ) and _b_ pays _a_ five hundred dollars ($ . ) but _a_ does not deliver the team to _b_, the contract is executed as to _b_ and executory as to _a_. = . contracts of infants.= a person under legal age is known in law as an infant. the legal age is fixed by statute in the different states. in most states this age is twenty-one for males and eighteen for females. in some states the legal age for females is under eighteen in case of marriage. an infant's contracts are voidable. voidable does not mean that the contract is illegal. it is not contrary to law for an infant to make contracts. he may lawfully make them. the law will not compel him to carry them out. he may carry them out voluntarily if he chooses. a competent party, contracting with an infant cannot avoid the contract on the general ground of the infancy of the other party to the contract. the infant, however, may avoid the contract by reason thereof. an infant may ratify his contract after becoming of legal age. this ratification is effected by the infant's accepting benefits under the contract after attaining his majority. ratification may also be effected by an infant after he has reached his majority by promising to carry out the contract. to have such a promise amount to a ratification the infant must make the promise with knowledge that he may avoid the contract if he chooses. an infant is liable on his contracts for necessaries. _necessaries_ is a variable term, depending upon the social position of the infant. those articles essential to the health and sometimes to the comfort of the infant are considered necessaries. food and clothing are the most common examples. a person selling an infant necessaries, cannot recover in excess of their reasonable value regardless of the contract price, and cannot recover at all, if the infant is already supplied. most courts hold that a party selling necessaries to an infant must determine at his peril that the infant is not supplied. articles which would be luxuries for one infant, might be necessaries for an infant accustomed to wealth. an infant is not entitled to his wages unless he has been emancipated. the father or guardian is entitled to the wages. emancipation may be by written declaration to that effect, on the part of the father. it may also be implied from the refusal or failure on the part of the father to treat the infant as his child. = . novation and contracts for the benefit of third persons.= if _a_ owes _b_ one hundred dollars ($ . ) and _b_ owes _c_ one hundred dollars ($ . ), the three parties may agree that _a_ may pay _c_ one hundred dollars ($ . ), discharging the indebtedness of both _a_ and _b_. this contract is valid in law, and is called _novation_. much of our common or unwritten law was taken from the common law of england. the common law of england did not permit a third party, for whose benefit a contract was made, to enforce the contract. for example, if _a_ and _b_ enter into a contract by which _a_ is to pay _c_ some money, _c_ cannot enforce the contract. this kind of a contract is commonly known as a contract for the benefit of a third person. with a few exceptions, the states of this country refuse to follow the english doctrine. the general american doctrine is that a third party may enforce a contract made for his benefit. for example, _a_, a furniture dealer was indebted to _b_ for a bill of goods; _c_ purchased _a's_ business, and in a formal written contract, as part of the consideration, agreed to pay _b_ the amount of _a's_ bill. after the transfer of the business, _a_ became insolvent and _b_, learning of the contract between _a_ and _c_, sued _c_ thereon and was permitted to recover. the general american doctrine will not permit two parties, making a contract for the benefit of a third, to rescind or avoid the contract after the third party has been notified of it, and has assented thereto. of course, two parties cannot bind a third party to perform any condition of a contract without his consent. this would violate some of the fundamental principles of contracts. there would be no consent, no meeting of the minds, and sometimes no consideration. = . contracts of insane persons, idiots, and drunkards.= an insane person, or one that does not understand the nature of the contract in question, is not bound by his contracts. he may avoid them. like an infant, he may ratify them when he becomes sane, if he chooses. statutes of all the states provide for the determination of insanity by judicial decree. such a judicial determination is presumed to give notice to all. an idiot's contracts are the same as an insane person's. a drunkard can avoid a contract made while he was intoxicated, and if the drunkenness amounts to insanity, it is regarded in law as such. contracts made by a drunkard when not drunk, or by a lunatic during a lucid interval are valid and binding. = . contracts of married women.= at common law, upon marriage, the wife lost her legal identity in her husband. her estate became his, her personal property became his, and she could not thereafter enter into any legal obligation. the statutes of the states generally at the present time permit a married woman to contract as independently as a man, relative to her separate estate. in some states there are a few limitations, such as contracting directly with her husband or as surety for her husband. = . custom and usage as part of a contract.= parties may enter into any contracts they choose, so long as the terms are legal. if parties expressly agree, either orally or verbally, on the precise terms of a contract, these terms cannot be varied by usage or custom. usage and custom may be used, however, to explain the intent of the parties. merchants and traders recognize various trade customs, without which it would be impossible to interpret their contracts. for example, _a_ ordered five thousand barrels of cement of _b_, at eighty-five cents a barrel, to be delivered in sacks f. o. b. mill. in a suit for the purchase price, the court permitted _b_ to show that there was a well-known custom in the cement trade to add to the invoices forty cents per barrel for sacks, making the invoice selling price of the cement and sacks one dollar and twenty-five cents ($ . ) per barrel. to constitute a part of the contract, usage and custom must be of such a general nature as to be considered within the contemplation of the parties. = . contracts in writing.= parties may make contracts verbally, as well as in writing. a contract is not illegal because it is verbal. it is good business policy to make important contracts in writing. their terms are easily proven. there is not the temptation to attempt to vary the terms. parties cannot claim they did not understand each other. it may be laid down as a general rule that oral contracts are as legal as written ones. by the term, _legal_ is meant that the law does not prohibit them. parties may lawfully make oral contracts, and carry them out if they choose. some contracts, however, are not enforceable at law unless in writing. these contracts are legal. parties may lawfully make them and voluntarily carry them out, but they cannot invoke the aid of the law in enforcing their terms. = . statute of frauds.= the class of contracts, required by law to be in writing in order that they be enforceable, is said to be within the statute of frauds. the statute of frauds originated in england in . it was passed for the purpose of preventing frauds and perjuries. it required that certain important contracts must be made in writing, in order to be enforceable at law. the purpose of the statute was to remove the temptation of fraud and perjury in connection with the making and enforcing of certain contracts. two sections of the english statute apply especially to contracts; the fourth and the seventeenth. the fourth section is as follows: "no action shall be brought whereby to charge any executor or administrator, upon any special promise to answer damages out of his own estate; or whereby to charge the defendant upon any special promise, to answer for the debt, default, or miscarriage of another person; or to charge any person upon any agreement made upon consideration of marriage; or any contract or sale of lands, tenements or hereditaments, or any interest in or concerning them; or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized." the seventeenth section of the english statute of frauds is as follows: "no contract for the sale of any goods, wares, or merchandise for the price of ten pounds sterling or upwards, shall be allowed to be good except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or some note or memorandum in writing of the said bargain, be made and signed by the parties to be charged by such contract or their agents thereunto lawfully authorized." the english statute of frauds has been enacted in substance in all the states. reduced to single propositions the statute provides: . that an executor or administrator shall not be bound by contract to pay damages out of his own estate, unless the contract be in writing. for example, _a_ is executor of _b's_ estate. _c_ is a creditor of _b_. _a_ orally promises _c_ to pay _b's_ debt. this contract is not enforceable because not in writing. . a party promising to answer for the debt, default or miscarriage of another, shall not be bound unless the contract is in writing. for example, if _a_ owes _b_ $ and _c_ promises _b_ to pay _a's_ debt, the contract is not enforceable if not in writing. this clause of the statute is discussed more at length in the chapter on suretyship. . a contract made in consideration of marriage is not enforceable unless made in writing. for example, _a_ orally promised _b_ that if he would marry her, she would convey to him her farm. _b_ married _a_, but could not enforce the contract. a promise to marry is not within this section of the statute. . any contract or sale of lands must be in writing to be enforceable. for example, _a_ orally promises _b_ to sell his house and lot for ten thousand dollars ($ , . ). the contract is not enforceable. most of the states do not require that leases of less than a year's duration be in writing, to be enforceable. . an agreement, not to be performed within the space of one year, must be in writing to be enforceable. for example, _a_ orally promises to work for _b_ as sales agent for three years. this contract is not enforceable. . no contract for the sale of goods the price of which exceeds fifty dollars ($ . ) shall be enforceable unless made in writing. this provision of the english statute has not been reënacted by all the states. about half the states do not require that contracts for the sale of personal property shall be in writing, regardless of the price involved. some of the states fix the price as high as two hundred dollars ($ . ) and others, as low as thirty dollars ($ . ). the details of the entire contract need not be in writing to satisfy the provisions of the statute. a memorandum embodying the substance of the agreement, showing the consideration, and signed by the party to be bound, or by his authorized agent, is sufficient. contracts called _specialties_, have to be in writing, regardless of the statute of frauds. the most common examples are bills and notes, drafts and checks. these special contracts are made to circulate as money, and must be reduced to writing to be enforceable. there can be no such thing as an oral check, or draft, or promissory note. the oral contract for which they are given may be enforced, if not within the provisions of the statute of frauds. = . contracts by correspondence and telegraph.= parties need not meet personally to enter into contracts. they may legally make them by telegraph or by letter. it is well settled by the courts that a party may make an offer by letter, and that in so doing he impliedly gives the party addressed, the right to accept by letter. in law, the contract is complete the moment the letter of acceptance is mailed, regardless of its ever being received. the offeror may stipulate in his offer by letter, that the contract shall not be made until he is in receipt of a reply. in this event, the acceptor's letter must actually be received by the offerer, before the contract is complete. but if no such stipulation is made, the contract is complete when the letter of acceptance is mailed. if no time for acceptance is stipulated in the offerer's letter, the acceptor has a reasonable time in which to accept. what is a reasonable time, depends upon the nature of the transaction, and the circumstances surrounding it. if the offeror stipulates in his letter that the offer must be accepted by any stipulated time, the offer, of itself, lapses at the expiration of that time. if _a_ mails a letter to _b_, offering to sell one hundred bushels of wheat for one hundred dollars ($ . ), and the following day _b_ mails a letter, properly addressed, postage prepaid, to _a_, accepting the offer, and the letter is lost, the contract is complete and _b_ may recover from _a_ thereon. if _a_, by letter offers to sell _b_ one hundred bushels of wheat for one hundred dollars ($ . ), the offer to remain open until thursday, and _b_ mails his letter of acceptance wednesday, and the letter is lost, the contract is binding and _a_ is liable thereon. if _a_ by letter offers to sell _b_ one hundred bushels of wheat for one hundred dollars ($ . ), the offer to be accepted upon receipt of _b's_ reply, and _b's_ reply is lost in the mails, there is no contract. = . revocation.= it is a well recognized principle of contracts that an offer may be revoked, or withdrawn, at any time before acceptance. in case of revocation by mail, however, the letter of revocation must be received by the acceptor, before he has mailed his letter of acceptance. for example, _a_ mails _b_ a letter offering to sell _b_ one hundred bushels of wheat for one hundred dollars ($ . ). _b_ mails his letter of acceptance. by the next mail _b_ receives a letter of revocation. the contract is valid since the letter of revocation was not received, until after the letter of acceptance was mailed. the only offers that cannot be withdrawn at any time before acceptance, are what are known in law as _options_. options are contracts to keep an offer open for a stipulated length of time. they require a consideration, an agreement and all the elements of an ordinary contract. they are contracts. _a_ agrees by letter to sell _b_ one hundred bushels of wheat, and to keep the offer open three days. on the second day, and before _b_ has mailed his acceptance, _b_ receives a letter from _a_, by which _a_ withdraws his offer. _b_ cannot now accept _a's_ offer, since there was no consideration for _a's_ promise to keep the offer open three days. _a_ writes _b_, offering to sell him one hundred bushels of wheat for one hundred dollars ($ . ), and to keep the offer open for ten days. _b_ writes _a_ that he will give him $ . if he will keep the offer open ten days. _a_ accepts the offer. on the sixth day _b_ receives a letter from _a_ revoking the offer to sell, and on the following day _b_ mails his letter of acceptance. there is a valid contract in this case, since _b_ had a contract with _a_ based on a valuable consideration to keep the offer open ten days. contracts by telegraph are analogous in principle to contracts by letter. an offer by telegraph impliedly authorizes the receiver to accept by telegraph and the offer is accepted when the reply message is deposited with the operator. if lost, or not sent, the contract is not affected in the least. = . contracts under seal.= formerly, at common law, contracts under seal were frequent. at the present time few contracts are made under seal. originally a seal was an impression made in wax placed on a written document. sealed instruments differ from other written instruments in that they import a consideration. at common law, no consideration need be proven to a sealed instrument. formerly, private seals were in common use. later, a scroll made with the pen or a line or any mark designated as a seal was sufficient. private seals have been abolished by statute in many of the states, so that their use is now limited. the modern tendency is not to use sealed instruments, or when used, to regard them as different in no respect from other contracts. = . sunday contracts.= all the states of this country have statutes prohibiting the transaction of business on sunday. these statutes are based on "the lord's day act" of england. the english statute provides that persons shall not do or exercise any worldly labor, business or work of their ordinary callings, upon the lord's day, or any part thereof, works of necessity and charity only excepted. while the statutes of the different states differ in details, they are based upon the english statutes. under the english statute, it is difficult to determine in many cases what constitute "works of necessity and charity." the duties of clergymen, physicians and of nurses clearly are covered. it is sometimes stated that a person cannot make contracts, within the ordinary scope of his customary business, on sunday. this is true, if it does not relate to charity or necessity. deeds, notes and ordinary contracts, made and delivered on sunday are void. subscriptions for church funds may legally be made on sunday. = . illegal contracts.= a contract prohibited by law, or made for the purpose of doing something prohibited by law, is illegal, and void. if _a_ promises _b_ one hundred dollars ($ . ) if _b_ will poison _c's_ horse, the contract is contrary to law and illegal. if _b_ poisons _c's_ horse, he cannot recover the one hundred dollars ($ . ) from _a_. contracts which are against public policy are illegal and void. public policy means the public welfare. marriage brokerage contracts and contracts in restraint of trade come within this provision. lobbying contracts, contracts to influence votes, and for railroad rebates are against public policy and void. = . wagering or gambling contracts.= in england, at common law, wagering or gambling contracts were valid. gambling contracts were recognized as legal by some of the states at one time. at the present time, by statute the states declare gambling contracts illegal and void. a contract for the sale of goods, to be delivered in the future, even though the seller does not have possession of the goods at the time the contract of sale is made, but expects to purchase them from a third person, is not regarded as a gambling contract, and is valid. contracts for the purchase of stocks or goods in which there is no expectation to deliver, but simply an agreement to pay the difference in price at a certain date according to the state of the market, are gambling contracts, and void. = . fraud and duress.= fraud may be said to be misrepresentation of a material fact, known by the party making the misrepresentation to be false, and made for the purpose of influencing the other party to the contract, and acted upon by the other party to his detriment. for example, _a_ offers to sell _b_ a horse for two hundred and fifty dollars ($ . ). he tells _b_ the horse is sound, knowing that the horse has a disease which renders him worthless. he makes the representation of soundness for the purpose of inducing _b_ to buy. _b_ relies upon the representation, purchases the horse, and afterwards discovers the worthless condition of the horse. _b_ can return the horse and recover the purchase price. this is known as rescinding a contract on the ground of fraud. a fraudulent contract is not void, but voidable. the defrauded party may avoid the contract if he chooses, but the contract itself, is not without effect, simply by reason of the fraud. a mere failure to disclose facts or conditions, if not accompanied by active measures to distract the defrauded party's attention from the thing to be concealed, ordinarily does not amount to fraud. if one party by means of threatened or actual violence compels another to enter into a contract, or to part with something of value, the contract is said to have been obtained by duress. such contracts may be avoided by the injured party, who may recover what he has lost. _a_, a police officer, wrongfully arrests and imprisons _b_ and releases him only after _b_ has signed a promissory note for one hundred dollars ($ . ). _a_ cannot recover on the note. _a_, who is superior in physical strength to _b_, by threats of personal violence, compels _b_ to admit that he is indebted to _a_ for one hundred dollars ($ . ), which _b_ pays _a_. _b_ may recover the money from _a_. the contract is voidable on account of duress. = . mistake.= one of the essential elements of a contract is that there must be a meeting of the minds of the contracting parties. if there is a mutual mistake on the part of the contracting parties, their minds do not meet and no contract results. _a_ offers to sell _b_ his farm for five thousand dollars ($ , . ). _a_ has two farms. _a_ has one in mind, and _b_ the other. their minds do not meet and there is no contract. a mistake as to the legal effect of a contract does not avoid it. this is known as a mistake of law. a mistake on the part of one of the parties only, ordinarily does not avoid the contract. = . impossible contracts.= parties may enter into any kind of a contract they choose, so long as the provisions and conditions are legal. as a general rule, a party is liable in damages to the other party, for failure to observe and carry out the terms of his contract. there is, however, a class of contracts, known in law as impossible contracts. many contracts are made upon the assumption that the persons making the contract, or the particular thing under consideration will continue to exist until the contract is performed. _a_ agrees to paint a picture for _b_, for one thousand dollars ($ , ). _a_ fails in health or dies. _a_ or his estate, is not responsible in damages to _b_, since the contract contemplated _a's_ remaining in health and life. _a_ agrees to make _b_ a chair out of a particular piece of walnut lumber. the lumber is destroyed by fire through no fault of _a_. _a_ is not liable in damages, since the parties contemplated the continued existence of the lumber. if, however, _a_ contracts to build _b_ a walnut chair within ten days for fifty dollars ($ . ) and his factory and walnut lumber are destroyed by fire, _a_ is answerable to _b_ in damages, for failure to deliver the chair. he has entered into a lawful contract, and has not excepted liability on account of fire. a contract for personal services is rendered of no effect by the failure of health, or by death of the party, who is to perform the services. where, however, the contract provides for the doing of a certain specific thing, not to be performed by a certain person, and not depending upon the continued existence of a certain thing, the parties are bound to perform, regardless of accident. floods, earthquakes or lightning do not excuse performance. these accidents are known in law as _acts of god_. (see _acts of god_ chapter on carriers.) acts of god do not excuse performance unless expressly provided against in the contract. a law changed after the contract is made, making it unlawful to perform the contract, excuses performance. strikes do not render it impossible to perform contracts, within contemplation of the law. if a party desires to become exempt from performance by reason of strikes, he must put such a provision in his contract. if the party to the contract, to whom the performance is due, renders performance impossible for the other party, the latter is excused on the ground of impossibility. for example, _a_ contracts to do the wood finishing on _b's_ house within six months, _b_ to construct the masonry work. _b_ fails to construct the masonry work; this exempts _a_ from liability. = . conflict of laws.= the laws of different states differ in some particulars. where this difference affects the interpretation or enforcement of a contract, the doctrine of conflict of law applies. if a contract is valid in the state where made, it is usually valid everywhere. this rule is subject to the limitation that a state will not enforce a contract clearly against the policy of its own laws. if a contract is made in one state, to be performed in another, the laws of the latter apply. otherwise, the laws of the state where the contract is made apply. the laws relating merely to the court procedure or the method of enforcing a contract, belong to the state called upon to enforce the contract, and, even though the laws of the state where the contract was made differ, the former will apply. the laws of new york permit an express company to limit its liability for loss of goods to fifty dollars ($ . ), if so stipulated in the bill of lading, in case no valuation is fixed by the shipper. the laws of ohio do not permit an express company to limit its liability in this way. _a_, in new york, shipped goods valued at four hundred dollars ($ . ) to _b_, in cleveland. _a_ placed no valuation on the goods and accepted a receipt limiting the liability of the express company for loss of the goods, to fifty dollars ($ . ). the goods were lost. _b_ sued the express company in ohio for the value of the goods. the court held that the law of ohio held, since, by the terms of the contract, the goods were to be delivered in ohio. = . assignments of contracts.= by assignment of a contract, is meant the transfer of one's property rights in the contract. one cannot assign his duties under a contract. for example, _a_ contracts with _b_ to have the latter build him a house, for five thousand dollars ($ , . ). _b_ cannot transfer to another, the obligation on his part to construct the house. _b_, may, however, transfer to another, his right to recover the money for the house. _a_ may also transfer to another, his right to have the house constructed. contracts for personal service such as the painting of a picture, or the writing of a book, cannot be assigned. in such cases the personal work of a particular person is contracted for and cannot be transferred. an assignment of a contract is a contract for the sale of a property benefit of a contract. the assignment must contain all the elements of a simple contract. the assignor of a contract can transfer only such property rights as he possesses. the other party to the contract retains any defense against the assignee, which he had against the assignor. _a_ agrees to build a house for _b_, for five thousand dollars ($ , . ), according to certain plans. _a_ constructs the house with variations, subjecting him to a reduction in price of five hundred dollars ($ . ). _a_ assigns his rights in the contract to _c_ and _c_ can compel _a_ to pay him only four thousand five hundred dollars ($ , . ). the defense of _b_ against _a_ is good against _a's_ assignee, _c_. upon assigning a contract, the assignor or assignee must notify the other party to the contract, of the assignment, else payment to the assignor will discharge the other party. for example, _a_ owes _b_ one hundred dollars ($ . ). _b_ assigns the claim to _c_. _c_ does not notify _a_ of the assignment and _a_ pays _b_. _b_ is insolvent and _c_ cannot recover from him. _c_ cannot recover from _a_, since _a_ has received no notice of the assignment. the following is a recognized legal form of assignment. for valuable consideration, i hereby assign all my right, title and interest in the annexed (account, contract, or whatever the instrument may be) to______ _____________________ signature of assignor. date_____________ = . joint and several liability in contracts.= if _a_ makes a contract with _b_, only two parties are bound by the contract and are liable for its breach. if _a_ and _b_ contract with _c_ and _d_, four parties are bound and are liable. _a_ and _b_ may be liable as one party to _c_ and _d_, or they may be liable as two parties to _c_ and _d_. if the contract shows by its terms that _a_ and _b_ contract as a unit, and not as separate individuals, their contract is said to be _joint_. if the terms of the contract show that _a_ and _b_ intend to contract as individuals, as well as a unit, their contract is said to be _joint_ and _several_. if the terms of the contract show that _a_ and _b_ intend to contract as individuals only, and not as a unit, their liability is said to be _several_. the importance of this distinction is that in case of a joint obligation, all the joint obligors must be joined when sued, else the case may be dismissed if objection is made; while in case of a joint and several obligation, or of a several obligation, individual obligors may be sued separately. a promissory note reads, "we promise to pay" and is signed by _a_ and _b_. this is a joint obligation, and in a suit thereon _a_ and _b_ must be joined, or the one sued may have the case dismissed, by reason thereof. if, however, judgment is rendered against both, and they hold no joint property, the creditor may enforce his judgment against either. this is known in law as, _liability in solido_. a promissory note reads, "we or either of us jointly and severally promise to pay," and is signed by _a_ and _b_. _a_ and _b_ are severally, as well as jointly liable, and may be sued separately. where two or more parties sign a contract, binding themselves to do one thing of a series of things, the law presumes the obligation to be joint. if the language used shows, that the parties singly, or individually bind themselves to do the thing, or series of things in common, the contract is several, as well as joint. _a_ owes _b_ three hundred dollars ($ . ) upon a promissory note. _c_, _d_ and _e_ sign the following guaranty: if _a_ fails to pay the note when due, _c_ individually promises to pay _b_ one hundred dollars ($ . ), _d_ individually promises to pay _b_ one hundred dollars ($ . ), _e_ individually promises to pay _b_ one hundred dollars ($ . ). as to each other _c_, _d_ and _e_, are severally liable. as to _b_,--_c_, _d_ and _e_ respectively are jointly and severally liable, with _a_ for one hundred dollars ($ . ) each. = . discharge of contract by performance and tender.= a contract is terminated, when the parties thereto perform its provisions. the liability of parties ceases by performance of the provisions of the contract. _a_ promises to construct a house for _b_, according to certain specifications, within a year. _b_ promises to pay _a_ five thousand dollars ($ , . ), upon completion of the house according to contract. _a_, within a year, constructs the house according to the plans and specifications. _a's_ obligation is at an end. _b's_ obligation still requires him to pay _a_ five thousand dollars ($ , . ), and he is liable to a suit for this amount until it is paid. when _b_ pays _a_ five thousand dollars ($ , . ), his obligation and the contract are terminated, as to both parties. tender of payment is equivalent in law to payment. by _tender_ is meant an offer to pay in recognized legal money. _a_ has an option for the purchase of a house of _b_, for five thousand dollars ($ , . ). _b_ desires to have the option lapse, having obtained a better offer. if _a_ offers _b_ legal tender before the option expires, the contract is complete in law. united states statutes stipulate what constitute legal tender. these statutes provide that the following shall constitute legal tender: . gold coin. . silver dollars. . subsidary silver coin up to ten dollars. . nickels and pennies not exceeding twenty-five cents. . united states notes, except for duties on imports, and interest on public debts. silver certificates, bank notes and private checks are not legal tender. = . discharge of contract by subsequent agreement.= contracts may be terminated by another contract, made after the contract in question has been entered into. for example, _a_ promises to construct, within one year, a house according to certain plans, for _b_. _b_ promises to pay _a_ five thousand dollars ($ , . ), upon completion of the house. _a_ completes the excavation of the cellar and _b_ fails in business, and desires not to have the house constructed. he offers _a_ five hundred dollars ($ . ), for the work already done, and to release him from his obligation. _a_ accepts _b's_ proposition. the original contract has been terminated by the subsequent one. = . warranty and remedies for breach of warranty.= a _warranty_ is a contract collateral to the principal contract, by which a party to a contract specifically covenants certain things. warranties apply especially to sales of personal property. (see _warranty_ under sales of personal property.) _a_ promises to build a house for _b_ and warrants the paint to stand untarnished and uncracked for one year. the covenant on _a's_ part relating to the paint is a warranty. breach of warranty ordinarily does not entitle the other party to rescind the contract. that is, it does not permit him to refuse to carry out his part of the contract, but entitles him to bring an action for damages, for its breach. = . recission and discharge of contracts by breach.= if a party fails or refuses to carry out a provision of a contract, he is said to have committed a _breach of contract_. when one party to a contract commits a breach, the other party may accept the breach and sue for damages, or he may refuse to accept the breach and wait until the time for complete performance arrives, and then, if the other party has not performed, sue for damages. when a party to a contract commits a breach, and notifies the other party of his refusal further to carry out the contract, the other party cannot increase the defaulting party's damages by continuing performance thereafter. for example, _a_ contracts with _b_ to have a fence finished and erected around _a's_ house. after _b_ has half of the fence manufactured and erected, _a_ refuses to go on with the contract. _b_ cannot increase the damages by manufacturing and erecting the balance of the fence. the reason for this is that it would not benefit _b_ at all, but would merely injure _a_. _b_ is entitled to recover his profit for the entire job, when _a_ breaks the contract. he could recover no more by manufacturing and erecting the balance of the fence. the law does not recognize trivial things. a party cannot claim breach of contract for failure of the opposite party to a contract, to perform an unimportant thing. the law recognizes substantial performance as actual performance. this does not mean that a party cannot put such terms in a contract as he chooses, but means that, in the absence of any provisions of the contract to the contrary, a party is not presumed by law to contract for trivial things. time of performance is an illustration of this principle. _a_ contracts with _b_ for the building of a house. _b_ promises to complete it in one year. if completed in one year and a day, there is a substantial performance, unless the contract expressly shows that the precise day of performance was regarded as important. where contracts provide for separate performances, a failure or refusal to fulfil one performance will not always amount to a refusal or failure to perform the balance. _a_ agrees to ship _b_ five thousand barrels of cement, in car load lots of one hundred and fifty barrels each to be shipped each week. _b_ receives and refuses to pay for the first car. this may not amount to a breach of the entire contract, so as to justify _a_ in refusing to ship the balance. the tendency of american courts, however, is to treat this as as one contract; that is to treat the promises as dependent, and not independent. the acceptance by one party, of a breach of contract made by the other, and the refusal on the part of the former further to carry out the contract, is known in law as _recission_. to rescind a contract, a party must return what he has received thereunder, called putting the other party _in statu quo_. he must also accept the breach promptly. for example, _a_ promises to sell _b_ three horses to be delivered one each day, upon the three following days. _a_ delivers one and fails to deliver the second. to rescind the contract, _b_ must return promptly to _a_ the horse already delivered. he may then sue _a_ for damages suffered. if _b_ does not promptly return the horse to _a_, he must permit _a_ to go on with the contract, waiving the delay, or pay for the horse already delivered, less damages for _a's_ breach of contract. = . discharge by bankruptcy.= by a united states' statute, certain persons may become bankrupts and thereby be discharged from their obligations. by the terms of this act, the bankrupt's property is turned over to an officer, called a trustee in bankruptcy who disposes of it, and distributes it _pro rata_ among the bankrupt's creditors. any person except a corporation, who owes debts, may become a voluntary bankrupt. the united states statute further provides that certain persons may be declared bankrupts at the instance of their creditors. the united states statute provides that: "any natural person, except a wage earner, or a person engaged chiefly in farming or the tillage of the soil, any unincorporated company and any corporation engaged principally in manufacturing, trading, printing, publishing, mining or mercantile pursuits, owing debts to the amount of one thousand dollars ($ , . ) or over, may be adjudged an involuntary bankrupt, upon default, or on impartial trial and shall be subject to the provisions and entitled to the benefits of this act. private bankers, but not national banks or banks incorporated under state or territorial laws may be adjudged involuntary bankrupts." any of the above enumerated parties may be made an involuntary bankrupt at the instance of creditors if he has committed an act of bankruptcy. the bankruptcy statute defines an act of bankruptcy as follows: "acts of bankruptcy by a person shall consist of his having ( ) conveyed, transferred concealed or removed, or permitted to be concealed or removed, any part of his property with intent to hinder, delay or defraud his creditors or any of them; ( ) transferred, while insolvent any portion of his property to one or more of his creditors with intent to prefer such creditors over his other creditors; or ( ) suffered or permitted, while insolvent, any creditor to obtain a preference through legal proceedings and not having at least five days before a sale or final disposition of any property affected by such preference vacated or discharged such preference; or ( ) made a general assignment for the benefit of his creditors, or being insolvent, applied for a receiver or trustee for his property, or because of insolvency a receiver or trustee has been put in charge of his property under the laws of a state, of a territory, or of the united states; or ( ) admitted in writing his inability to pay his debts, and his willingness to be adjudged a bankrupt on that ground." bankruptcy discharges a bankrupt from his contracts. = . remedies for breach of contract.= originally, at common law, there was no power given a party to a contract, to compel the other party specifically to perform the provisions of the contract. for example, _a_ promises to pay _b_ one thousand dollars ($ , . ) for one thousand bushels of wheat, to be delivered within ten days. _b_ fails and refuses to deliver the wheat. _a_ could not at common law, and cannot under the present rules of law, compel _b_ to deliver the wheat. _a's_ remedy is an action for damages. _a_ may go into the market at the time and place of delivery, provided for in the contract, and purchase one thousand bushels of wheat of the quality provided for in the contract, and collect as damages from _b_ the advance in price, if any, together with expenses connected therewith. if _a_ is obliged to pay one thousand five hundred dollars ($ , . ) for the wheat, which by the terms of the contract, he had purchased for one thousand dollars ($ , . ) from _b_, he may recover five hundred dollars ($ . ) damages from _b_. if _a_ succeeds in obtaining the wheat for nine hundred dollars ($ . ), he can only recover nominal damages from _b_, commonly five cents, for breach of contract. in case _a_ obtains the wheat for nine hundred dollars ($ . ), _b_ cannot recover one hundred dollars ($ . ) from _a_, since he has violated the contract, and cannot take advantage of his own wrong. parties frequently fix the amount of damages for a possible breach at the time the contract is made. this is known in law as _liquidated_ damages. if reasonably compensatory, the courts will recognize and enforce liquidated damages; if clearly unreasonable they are regarded as penal, and the courts will not enforce them. for example, _a_ agrees to construct a rolling mill for _b_, for fifty thousand dollars ($ , . ), and to complete the structure within one year, and to pay damages of two hundred dollars ($ . ) per day, for each and every day consumed, in excess of a year in finishing the structure. if this is a reasonable loss to _b_, for the failure to have the use of the mill, the courts will enforce the provisions; otherwise they will remit the excess over the fair value of _b's_ loss. = . equity and specific performance.= originally, at common law in england, the king and his subordinates heard suits. certain specified actions or remedies, only, were allowed. it was soon observed that many complaints were made, and disputes arose, which did not come within the scope of these common law actions. the king appointed a chancellor to assist him. it was the duty of the chancellor to hear disputes, not within the scope of the recognized common law action, and to determine and decide these upon equitable principles. this court became known as the court of _chancery_, or court of _equity_. a regular system of courts of chancery grew up in england, with fixed rules of procedure and of recovery. this country has courts of equity. in many states, the same judge sits as a court of law, and of equity. equity does not hear cases where there is a complete and adequate remedy at law. equity courts have a judge only, and no jury. courts of equity sometimes specifically enforce contracts in case there is no adequate remedy at law. for example, _a_ purchases a lot of _b_ in a particularly desirable locality. there is no other vacant lot near it. in case _b_, refuses to carry out his contract, by conveying this lot to _a_, equity will compel _b_ to convey the lot to _a_. here _a_ has no adequate remedy at law. money damages will not enable him to procure what he contracted for. specific performance is rarely granted in case of sales of personal or chattel property. there are a few exceptions. if _a_ purchases "maud s." from _b_ for ten thousand dollars ($ , . ), "maud s." being a two minute race horse, purchased for breeding purposes, and _b_ refuses to deliver her, a court of equity might grant specific performance. money damages might not enable _a_ to purchase a similar horse. the same principle applies in case of purchases of rare works of art. while a contract for personal services cannot be specifically enforced by a court of equity, some relief may be granted by injunction. for example, _a_, an actress, agrees to perform for one year for _b_ and later refuses. while a court manifestly cannot compel _a_ to perform for _b_, it will by injunction prevent her performing for others. = . forms of contracts.= the following is a form of simple contract. chicago, ill., june , . contract entered into this.... day of........ , by and between _a_, the first party, and _b_, the second party. in consideration of the promises hereinafter made by the second party, the first party agrees........ (here state first party agreement). in consideration of the promises of the first party, the second party agrees........ (here state agreement of second party). signed............. first party. signed............. second party. the following is a form of a formal contract. articles of agreement entered into in new york city this.......day of.... -by and between _a_, hereinafter designated as the first party, and _b_, hereinafter designated as the second party. whereas, the first party is a wholesale dry goods merchant having a place of business in new york city, and is desirous of employing a traveling salesman, and whereas, the second party is a traveling salesman having had ten years' experience in the dry goods business, now, therefore in consideration of the promises hereinafter made by the second party the first party agrees, first. to pay the second party the sum of $ in installments of $ payable each month for a period of months. second. to pay the second party's traveling expenses not to exceed $ . per week, to be mailed weekly as ordered by second party. third. to furnish second party a full line of samples. in consideration of the promises of the first party the second party agrees, first. to devote his entire time and attention to the business of selling goods of the first party. second. to furnish lists of customers called upon each day, said lists to be mailed to said first party, new york address, each evening. third. to waive his right to any salary in excess of his traveling expenses if his sales do not average $ per week. in witness whereof the parties have affixed their names and seals in duplicate the day and year above written. .............first party. .............second party. principal and agent = . in general.= _agency_ is the term applied to the legal relation existing between persons who transact business or perform duties through representatives. few duties are performed, and few business transactions are completed solely through the personal efforts of the interested parties. most business dealings are completed in part, at least, by representatives or agents. much important business is transacted by corporations. corporations must act through agents. they have no identity apart from officers and agents. individuals, as well as the smaller business concerns, perform many of their duties and make many of their contracts through representatives or agents. the law relating to agency, next to the law of contracts is probably the broadest as well as the most important branch of commercial law. its application is almost universal. a distinction is sometimes drawn between representatives appointed to make contracts with third persons, and representatives appointed to perform menial or mechanical work, by calling the one class, agents, and the other servants. there is little reason for any such distinction. the same rules of law apply to both agents and servants. the principal distinction is in the nature of the service, which need not be considered in discussing the general legal principles. the party appointing another to represent him in his relation to third persons is called the _principal_. the person appointed to act as a representative is called the _agent_. the legal relationship existing between the principal and the agent, and the principal, agent and third person, constitutes the _law of agency_. if a dry goods merchant, _a_, employs _b_, a traveling salesman, to sell his goods, and _b_ sells goods to _c_, _a_ is the principal, _b_ the agent, and _c_, the third person contracting with _a_, through _a's_ agent _b_. = . who may be a principal.= a principal is one who appoints an agent. _a_, employs _b_ to deliver goods; _a_ is principal and _b_ agent. any person, natural or otherwise, competent to enter into a contract, may enter into a contract through an agent. there is one possible exception to this rule. it is a well recognized rule of law that an infant cannot appoint an agent. an infant may enter into a contract which is not void at law, but which is merely voidable. (see subject, "infant" in chapter on contracts.) that is, an infant may lawfully make and carry out a contract. the law does not prohibit it. but the law will not compel an infant to carry out his contracts, except for necessaries. when it comes to the appointment of an agent, however, the law refuses to give an infant this power. by an infant is meant a person under legal age. any person of legal capacity may appoint an agent. in other words, a person may do through an agent the things he, himself, may do. an insane person, an idiot or a drunken person cannot appoint an agent. a corporation may do business through agents, limited only by its corporate capacity. a partnership may do business through agents, limited only by the purposes for which the partnership is formed. = . who may be an agent.= any one, except a very young child and persons whose interests are opposed to those of the principal, may act as agent. a child may be employed to deliver goods, and thus make and complete contracts for his principal. persons of unsound mind may serve as agents. persons who cannot act as principal, through lack of capacity to contract, may act as agent for others. for example, _a_, fourteen years old, cannot be bound by a contract with _b_ for the purchase of one hundred bushels of wheat, but _a_ may be employed as agent by _c_, a competent person, to purchase of _b_ one hundred bushels of wheat. a person whose interests are opposed to those of his principal is disqualified from acting as agent. that is, a person cannot be agent for both parties to the same transaction. for example, if _a_ is employed as traveling salesman by _b_ to sell goods, he cannot serve as agent for _c_ in the purchase of goods from _b_ without the knowledge and consent of both _b_ and _c_. artificial persons, such as partnerships and corporations, may act as agents. it is usually held that children under seven years of age cannot act as agents, by reason of tender age. = . how agents may be appointed.= agents may be appointed by any act of the principal which shows that it is the principal's will that the agent shall act as the principal's representative. agents may be appointed by oral statement, by written document, by conduct on the part of the principal, or by ratification of an unauthorized act. most agencies are created by oral authority. any word by which the will of the principal is manifested is sufficient. _a_ tells _b_ to order a barrel of flour from _c_. this constitutes _b_ an agent for _a_. _b's_ asking _a_ if he shall order a barrel of flour from _c_, to which _a_ nods, constitutes _b_, _a's_ agent. _a_ writes to _b_ and requests him to order a carload of flour from _c_. this constitutes _b_, _a's_ agent. _b_, without any authority from _a_, orders a car load of flour from _c_, which _a_ accepts, and for which he promises to pay. this constitutes _b_, _a's_ agent by ratification. some few contracts of agency must be in writing. _a_ employs _b_ to act as his salesman for a period of two years. as between _a_ and _b_, the contract is not enforceable, by reason of the _statute of frauds_ (see statute of frauds, chapter on contracts). but as between _a_ and third parties dealt with by _b_ as agent, _a_ cannot refute the agency. some contracts which must be made in writing, such as land contracts require the agent's authority to be in writing. if a person knowingly permits another to act as his agent, he cannot afterwards repudiate the agency. for example, _a_ stands by and watches _b_ sell _a's_ horse to _c_. although _b_ had no authority to make the sale, _a_, by his conduct, cannot claim there was no agency. an agent's assertion of agency does not of itself constitute an agency. if _a_, without _b's_ knowledge, claims to _c_ to have authority to sell _b's_ horse and does attempt the sale, title to the horse does not pass to _c_, because _a_ had no authority to make the sale. a mere declaration of authority on the part of the agent without the knowledge or consent of the principal does not create an agency. = . purposes for which an agency may be created.= with the exception of fulfilling contracts for personal services, a person may do, through an agent, anything he may lawfully do by himself. for example, _a_ employs _b_, an artist of fame, to paint a picture. manifestly _b_ cannot employ a student or another artist to paint the picture. _a_ contracted for _b's_ personal skill and work, and cannot be made to accept the work of another. in the majority of business transactions, however, the personal element does not enter. the thing to be done, or the article to be furnished, is the feature of most contracts. by whom the thing is done, or by whom the article is furnished, does not matter. for example, _a_ purchases one hundred bushels of wheat from _b_. _b_ delivers the wheat through his agent. ordinarily _a_ cannot, nor does he wish to complain. _a_ contracts with _b_ to have _b_ furnish him an oak chair of given dimensions. _b_ employs _c_ to make and deliver the chair. _a_ cannot complain so long as the chair corresponds to the terms of the contract. a party cannot do through another what he himself cannot lawfully do. for example, a party cannot employ an agent to purchase votes for him. neither can a person lawfully corrupt legislators by means of an agent, nor lawfully commit a crime by means of an agent. = . ratification of agency.= where a person assumes to act as an agent for another without authority, or in performing an agency, exceeds his authority, he does not bind the person for whom he assumes to act, unless such person subsequently, with knowledge of the fact, consents to be bound thereby. such assent is known in law as _ratification_. a person cannot ratify an act which he, himself, has no power to perform. for example, _a_, pretending to act for _b_, offers _c_, a legislator, one hundred dollars ($ . ) to vote against a certain measure. _b_ cannot ratify this act, since he himself cannot lawfully perform it. if however, _a_, knowing that _b_ desires a certain rare picture, finds it and orders it in _b's_ name, _b_ may ratify the act by accepting and paying for the picture. [illustration: main reading room, u.s. congressional library, washington, d. c. in center of central circular desk, is the housing for the book-handling machinery. card catalogue in foreground. view facing entrance. the corinthian order has been used.] much discussion has arisen as to the ability of a person to ratify a forgery of a negotiable instrument. the courts differ on this question. it is, however settled that in case of a forgery, if the alleged principal fails to deny the signature when the paper is presented to him, or by remaining silent, induces another to purchase it, or to injure his position by reason thereof, the alleged principal is estopped from further denying the authenticity of the signature, and may be compelled to pay the instrument. for example, _a_ forges _b's_ name to a promissory note payable to _c_. _c_ presents the note to _b_ for payment. _b_ may refuse to pay the note by reason of forgery. if, however, _a_ forges _b's_ name to a note, payable to _c_, and _d_ shows _b_ the note, saying that he is about to purchase it if it is genuine, and _b_ remains silent and permits _d_ to buy the note, _b's_ silence amounts to a ratification of the forgery and he must pay the note to _d_. when an alleged principal's attention is called to the fact that an alleged agent has assumed to act as his agent, he must choose between repudiating the act and accepting it. this choice is known in law as the principal's _right of election_. = . classification of agents.= agents are usually classified as _universal_, _general_ or _special_. by universal agent is meant an agent empowered to represent his principal in every capacity. a principal could have only one universal agent. in business affairs, a universal agency is seldom, if ever, found. it is useful, however, as a classification to show the different kinds of agents, depending upon the degree of their authority. a general agent is one authorized to perform all the duties of his principal of a certain kind. _a_, an insurance company, appoints _b_ its sole agent to solicit insurance in the city of boston. _b_ is a general agent for the purpose of soliciting insurance in the city of boston. general agencies are common in business practice. a special agent is one authorized to act for his principal in a particular matter or transaction. for example, _a_ employs _b_, an attorney, to try a certain law suit. _b_ is a special agent. in practice it is not always easy to determine whether an agent is a general or a special one. a principal does not always limit his agent's powers by actual authority conferred upon the agent. his intention and his instructions to the agent may limit the latter's authority, but third persons may rely upon the apparent authority of the agent, rather than the actual. for example, _a_ employs _b_ as a traveling salesman to sell dry goods. he instructs _b_ not to sell any bills less than five hundred dollars ($ . ) in amount. _b_ sells _c_ a bill amounting to four hundred dollars ($ . ), _c_ does not know of the limitation of _b's_ authority. _a_ is bound by _b's_ sales to _c_. _c_ has the right to rely upon _b's_ apparent authority. _a_ has given _b_ actual authority to sell goods, and this authority carries with it the implied or apparent authority to sell in any reasonable amounts. actual authority to do certain things carries with it the right to do those things which impliedly, or from custom or usage apparently accompany the authority conferred. third persons dealing with an agent must, on the other hand, ascertain at their peril that an agent has the authority claimed. for example, if _a_, without authority, claims to be agent for _b_, and sells an order of goods to _c_, and collects from _c_ a certain amount, when in fact he is not the agent of _b_, _c_ has no contract with _b_. a third person dealing with an agent must ascertain at his peril, that the alleged agent has authority from his principal to act as agent in a certain capacity. when this is ascertained, the third person has a right to treat the agent as having the authority to do all the things necessarily or customarily belonging to his agency. = . duties of principal to agent.= the relation of a principal to his agent arises out of a contract, express or implied. the contract may expressly provide that the agent is to receive a specified sum for his services. in this event, the principal is legally liable to pay this amount to his agent. the principal may have a defense to his contract, the same as to any contract. but if the agent has performed his contract of agency, he can enforce payment therefor. for example, _a_ employs _b_ to sell furniture for a compensation of one hundred dollars ($ . ) per month and expenses, the contract to cover a period of twelve months. when _b_ performs this service, he may, by legal action, compel _b_ to pay him one thousand two hundred dollars ($ , . ). if _b_ fails to work for _a_ as provided for by the terms of the contract, and at the expiration of six months enters _c's_ employ, in most jurisdictions, he can recover nothing from _a_, since he has not fulfilled his contract. in some jurisdictions, he may recover from _a_ the value of his services, less the damages _a_ has suffered by reason of breach of contract. many agencies are created without any express provision as to compensation. in this event, a contract relation exists, as much as in the former case. there is an implied contract that the agent shall receive a reasonable compensation for his services. for example, _a_, a contractor, requests _b_, a teamster, to haul stone for the construction of a bridge. _b_ works for _a_ a week, nothing having been said as to compensation. _b_ can recover from _a_ the reasonable and customary value of his services. there is also a duty on the part of the principal to protect his agent against unnecessary risks of injury. there is a duty on the part of a master to protect his servant. an agent or servant assumes the risks which naturally belong to the kind of work in which he is engaged. for example, _a_ employs _b_ to work in a saw mill. _b_ assumes the risks incident to the employment. if a log accidentally rolls on him, _a_ is not liable in damages, or if _b_ carelessly cuts his hand on the saw, _a_ is not responsible. but if the boiler explodes through carelessness of _a_, or if the saw flies to pieces on account of wear, and injures _b_, _a_ is liable. it is said that a principal or master is obliged to furnish his agent or servant with a reasonably safe place in which to work, and with reasonably safe tools and instruments with which to work. if the principal negligently fails to these things, and the servant is injured without negligence and carelessness on his part, the principal is liable to him in damages for any injuries. = . duties and liabilities of principal to third persons.= when a person employs another to act for him, he is liable to third persons for the acts performed by the agent, so long as the agent acts within his authority. if _a_ appoints _b_ his agent to purchase live stock, _a_ must pay third persons for the live stock purchased in his name by _b_. a person employing another to act as his agent is responsible to third persons for acts performed by the agent, which are within the apparent authority of the agent, as well as for the acts which are within the actual authority. if _a_ appoints _b_ his agent to purchase live stock and instructs him to purchase only hogs, but limits his authority to pay over five cents per pound, and _b_ purchases at five and a half cents from _c_, who does not know of this limitation, _a_ is bound by the contract. in giving an agent authority to do certain things, the agency carries with it the customary or implied authority to perform those acts incident to the general character of the agency. thus, authority to purchase usually carries with it authority to fix the price. this is especially true of authority to sell. notice to an agent is notice to a principal. if an agent is authorized to sell goods, and in making a sale, is notified by the purchaser that the goods are purchased conditionally, in the absence of any special instruction limiting the power of the agent to sell conditionally, brought to the attention of the purchaser, the principal will be bound by the condition. a principal is liable to third persons for his agent's torts or wrongful acts. if _a_ directs his agent _b_ to destroy _c's_ property, _a_ is liable to _c_ for the damage done. a principal is not only liable to third persons for the damages done under his express direction by his agent, but he is also liable for the acts carelessly done by the agent in the course of his employment. a street car company employs _b_ as motorman. _b_, carelessly and negligently, while operating a car runs over _c_. _a_ is liable for _b's_ negligent act. a principal, however, is not liable for the wrongful acts of his agent, performed outside of his employment. _a_, a street car company, employs _b_ as conductor; _c_, standing on the street insults _b_. _b_ stops his car, gets off and assaults and injures _c_. _a_ is not liable, since _b_ did not commit the act complained of while in the course of his employment, but went outside the course of his employment and acted on his own behalf. = . duties and liabilities of agent to principal.= an agent must obey the instructions of his principal. if he disobeys his instructions, he is liable to his principal for losses sustained. for example, if _a_ employs _b_ to sell flour at four dollars ($ . ) per barrel and _b_ sells one hundred barrels at three dollars and seventy-five cents ($ . ), he must respond in damages to _a_ for twenty-five cents a barrel. if, however, a discretion is given the agent, and he makes a reasonable mistake in using his discretion, he is not liable. if his instructions are not clear, and he carries out what he thinks are his instructions, which prove not to be the desire or intention of his principal, he is not liable. an agent must account to his principal for money collected, and for moneys or property coming into his possession by reason of his agency. if he deposits money in his own name and it is lost through a bank failure, he is responsible to his principal. if he carefully deposits it in the name of his principal and the bank fails, he is not responsible. an agent must act carefully in the performance of his principal's work, or as it is usually said, he must not act carelessly or negligently. he must act as a reasonably prudent man would act, under similar circumstances, or be liable to his principal in damages. an agent must be loyal to his principal's interests. he cannot act secretly for another. he cannot act secretly as agent for both parties to a transaction. if he makes profits in his agency dealings, he must account for them to his principal. _a_ employs _b_ to sell christmas novelties. _b_, shortly before christmas receives a large order from _c_, who offers _b_ one hundred dollars ($ . ) in excess of the regular price, if the goods arrive the following day. _b_ succeeds in having the goods reach _c_ the following day. _b_ must account for the extra one hundred dollars ($ . ) to _a_, his principal. an agent must faithfully carry out his agency. he is responsible for failure to act loyally. _a_ employs _b_ to sell butter. _b_ obtains an offer from _c_, a rival butter manufacturer, to commence work for him on commission two weeks hence. _b_ tells his customers not to purchase for two weeks, at which time he can make them a better price. _b_ is liable to _a_ in damages for this act of disloyalty. he has broken his contract. an agent, who is employed to perform personal services, cannot transfer his responsibility or agency to another. one who agrees to act as agent for another without compensation, cannot be forced to fulfil his agency. he is not liable in damages to his principal for failure to act, but if he chooses to act without compensation, he is liable if he acts with great negligence. if _a_ requests _b_ to drive his horse home and _b_ drives the horse and leaves him without tying him, and the horse runs away and destroys the carriage and ruins himself, _b_ is liable for gross negligence. = . rights and liabilities of agent to third persons.= an agent acting within the scope of his authority, in making contracts with third persons, binds his principal by the contract, but does not bind himself. _a_ is authorized by _b_ to purchase a horse. a purchases a horse from _c_, notifying _c_ that he is purchasing as agent for _b_. _c_ must look to _b_ for the purchase price, since _a_ acted solely as agent and is not personally liable under the contract. if an agent, intending to act as agent, makes a contract in his own name, without informing the third party with whom he is dealing, of the agency, he binds himself. under these circumstances, he usually binds his principal also. this question is discussed more at length under the title "undisclosed principal." if _a_ is employed by _b_ to purchase a horse, and _a_ purchases a horse from _c_ for two hundred dollars ($ . ), without telling _c_ of the agency, the purchase price to be paid the following day, _a_ binds himself personally to pay _c_ the two hundred dollars ($ . ) and _c_ is not obliged to look to _b_ for payment. if an agent, honestly believing he has authority to act as agent when he has not, makes a contract as agent for his supposed principal, he binds himself personally and not his principal. _a_ writes to _b_, "purchase for me _c's_ bay team, if same can be secured for two hundred and fifty dollars ($ . ), half payable in six months." _b_ reads the letter and purchases the team in the name of _a_ for two hundred and fifty dollars cash ($ . ), overlooking the condition in _a's_ letter that half was to be paid in six months. _b_ binds himself to _c_ and does not bind _a_. when an agent falsely or fraudulently represents himself as agent, he binds himself and not his alleged principal. if an agent, honestly believing he has authority to act, does not have such authority, but discloses all the facts connected with his authority, to the third person with whom he is dealing, he is not personally bound. _a_, having previously acted as agent for _b_, in purchasing onions by the crate, receives the following wire from _b_, "purchase one hundred crates, ship at once." _a_, supposing this refers to the purchase of onions, shows the telegram to _c_, and tells him that in the only other transaction in which he acted for _b_ he purchased onions, and that he supposes this wire refers to onions. he purchases one hundred crates of onions from _c_, and later discovers that _b_ intended turnips, instead of onions. _a_ is not bound personally. he has acted honestly and revealed all the facts in his possession to _c_, who must act at his risk as to _a's_ actual authority. = . undisclosed principal.= a principal, whose agent deals with a third person for his benefit, without disclosing the name of his principal, or perhaps without disclosing the fact of agency, is said to be an _undisclosed principal_. for example, _a_ employs _b_ to purchase one hundred crates of oranges. _b_ purchases the oranges from _c_ for _a_ in his own name, not telling _c_ that the purchase is made for _a_. in this case, _a_ is an undisclosed principal. as a general rule an undisclosed principal, when discovered, is liable upon the contract of his agent. in case of an undisclosed principal, the agent is liable personally as well as the undisclosed principal. if _a_ instructs _b_ to purchase for him five cars of coal, and _b_ purchases the coal of _c_ in his own name, without disclosing the fact of his agency, _b_ is personally liable to _c_ for the purchase price. the undisclosed principal is not liable to a third party if the third party with full knowledge of the agency, elects to hold the agent. if _a_ employs _b_ to purchase goods for him, and _b_ purchases the goods in his own name from _c_, and _c_, before payment, learning that the goods were purchased for _a_, elects to hold the agent _b_, by suing him for the purchase price, or by doing or saying anything that shows his determination to hold the agent, rather than the principal, he cannot thereafter hold _a_. the undisclosed principal may enforce against third persons the contract of his agent. if _a_ employs _b_ to purchase goods from _c_ and _b_ makes the purchase in his own name for future delivery, _a_ may compel _c_ to deliver the goods to him. this rule applies in all cases where the third party is not injured by its application. the liability of an undisclosed principal to third persons, upon contracts made by an agent in the agent's name, is subject to the further exception, that when the third party has led the undisclosed principal to believe that he is looking to the agent alone for fulfillment of the contract, and relying upon such conduct the undisclosed principal settles with the agent, he is no longer liable to the third party. in this event the third person is said to be estopped from the right to sue the undisclosed principal. this rule is based upon equitable reasons. there can be no such thing as undisclosed principal in case of a negotiable instrument. no one is liable on a negotiable instrument, such as a note, draft, or check, except the maker, indorser, drawer or acceptor. = . apparent authority of agent.= while it is true that an agent must have authority from his principal, before he can bind his principal in the capacity of agent, and while it is equally true that third persons, in dealing with agents, must determine at their peril that the agent has actually received authority to act for his principal, a third party has the right to rely upon the implied and customary powers accompanying an actual authority conferred upon an agent. few contracts are made express in all their terms. language is not susceptible of such nicety. in the express or implied contracts used in creating agencies, many things are implied. a third person dealing with an agent, is not limited by the actual authority conferred upon the agent by his principal, if the character of the authority apparently confers other customary or implied powers. third persons are said to have the right to rely upon the apparent rather than upon the actual authority of the agent. this does not mean that an agent can create an agency and bind his principal without having received any authority from his principal to act as agent, but means that where an authority of a certain character has been conferred upon an agent, third parties dealing with the agent, have a right to rely upon the apparent or customary powers conferred, rather than upon any secret or unexpected limitations upon such authority. for example, an agent has authority to sell silk goods and to make exchanges in silk. this authority is printed on the order sheets furnished the agent. the agent exhibits these order sheets to the customer and exchanges are made. the principal cannot claim that the agent had authority to exchange only goods of the principal's manufacture. the authority conferred upon the agent to make exchanges, apparently was to make exchanges of any silks. the principal cannot complain if third parties rely upon the apparent authority. = . secret instructions.= so long as the agency is legal, a principal may create an agency of as limited an extent, or of as broad a nature as he desires. so long as the limitations which the principal places upon his agent's authority are not of a nature to mislead third persons, the agent cannot bind his principal by exceeding these limitations. but if a principal confers an authority upon an agent which impliedly embraces a number of powers, the principal cannot limit these powers by secret instructions. the limitations upon an agent's apparent authority must be brought to the attention of the third party. for example, _a_, a wholesale dry goods dealer, may employ _b_, a salesman, to take written orders only. if _b_ attempts to take oral orders, the principal, _a_, will not be bound thereby. but if _a_ gives _b_ authority to take written orders only, and secretly instructs _b_ to take no order less than fifty dollars ($ . ) in amount, or in excess of two thousand dollars ($ , . ), and _b_ takes _c's_ order for forty-five dollars ($ . ), _c_ not knowing of this limitation, _a_ is bound. if, however, _a_ instructs _b_ to take only written orders, and in amounts ranging only from fifty dollars ($ . ) to two thousand dollars ($ , . ), and prints these conditions plainly upon the order blank, _c_, in signing one of these order blanks for forty-five dollars ($ . ), does not bind _a_. in this case, _a_ has placed the limitation of _b's_ authority in _c's_ possession. = . wrongful acts of agent.= an agent is personally responsible for wrongful acts committed. the fact that he acts in a representative capacity, does not excuse him from committing wrongs, nor does it relieve him from personal liability therefor. the principal, as well as the agent, is liable for the wrong committed, if authorized. if _a_ instructs his agent, _b_, to sell goods by fraudulent representations and _b_, by means of said fraud, sells goods to _c_, _b_ personally, as well as _a_ is liable to _c_, for the wrongful act. in the language of the courts, an agent is liable to third parties for _malfeasance_, but not for _misfeasance_. that is, an agent is liable to a third party for wrongful acts done, but is not liable to third parties for mere failure to observe the terms of his agency. in the latter case, he is liable to his principal only. = . delegation of authority and subagents.= where personal judgment and discretion are required of an agent, he cannot transfer his duties to another, without the consent of his principal. _a_, a wholesale dry goods merchant, employs _b_, an experienced traveling salesman, to sell goods. _b_, by his contract, is bound to give his personal skill to _a_ and cannot employ _c_ to act as salesman for him. _a_ presumptively employs _b_ to use his own skill and judgment. _b_ is not permitted to delegate his authority to another. where, however, mere mechanical or ministerial work is to be performed the agent is permitted to employ others to assist him, or to perform the work. for example, _a_ employs _b_, an expressman, to carry his trunk to the depot. _b_ may employ a boy to assist him in performing the work, or may employ another to perform the work. usage and custom have much to do in determining whether or not an agent is permitted to delegate his authority. the performance of a mere ministerial duty may be delegated. _a_ employs _b_ to act as stenographer in reporting the trial of a case. when it comes to writing out the testimony, _b_ may perform the task himself, or delegate it to another. when an agent employs a subordinate, or delegates his authority to another on his own responsibility, the agent stands as principal for the sub-agent, and the original principal is not responsible to third persons for the acts of the sub-agent. if, however, the agent is authorized by the principal to appoint a sub-agent, the agent is bound only to exercise care in the selection of such sub-agent, and the original principal is liable to third persons for his acts. the sub-agent is answerable to the principal, and not to the agent for his acts. for example, _a_, a florist, employs _b_ to deliver a box of flowers. _b_ employs _c_. the nature of the duty is such that _b_ may delegate it. but if _c_ is negligent in the performance of the work, _b_ is liable to _a_ for the negligence, for the reason that _a_ did not expressly or impliedly direct _b_ to employ another. _a_, in chicago, deposits for collection, a check drawn on a new york bank. _a_ knows that it is the custom of bankers to employ other banks for the purpose of making collections. if the chicago bank uses due care in selecting another bank to assist in making the collection, and this bank makes the collection and fails before the chicago bank receives the money, _a_ must stand the loss, and not the chicago bank. _a_ authorized the employment of a sub-agent. there is some conflict of authority on the legal question involved in the above example. = . agent's authority to collect.= an agent authorized to solicit orders is not thereby authorized to make collections on such orders. if, however, the agent is entrusted with the goods, and delivers them at the time the sale is made, he is authorized to receive payment therefor. an agent authorized to sell, is not authorized to exchange or trade goods. he is authorized to make sales for cash only. if he accepts checks, or sells on credit, he is personally liable for losses. there is a tendency at present to permit the agent to accept checks in payment. the custom of making payment by check is so well recognized in many lines of business, that in some transactions it impliedly gives an agent this authority. this was not formerly the rule, and is still disputed by many courts. = . agent's signature to written instruments.= the proper method for an agent to employ in signing a written instrument, as agent, is to describe himself as agent for his principal in the body of the instrument, and then sign his principal's name at the end thereof, by himself as agent. for example, if _a_, is agent for _b_ in making a contract of sale, the body of the instrument should state that "_b_ by _a_, his agent, agrees," and the signature should be (_b_..............) (by _a_, his agent) if the contract is merely signed "_a_, agent," the agent probably binds himself only. this is especially true in case of sealed instruments, such as deeds. in case of promissory notes, an agent who has authority to make such instruments, may make them in the name of his principal without using his own name at all. the more common form, however, is to sign the principal's name, per the agent as agent, or to sign the agent's name as agent for the principal, giving the principal's name. the mere signing of the agent's name as agent is a mere description, and probably binds the agent and not the principal. for example, if _a_ is agent and _b_ the principal, a promissory note executed by the agent should be signed (_b_..............) (by _a_, his agent) a simple contract should state in the the body of the instrument that _a_, as agent for _b_, is making the contract, and the contract should be signed (_b_..............) (by _a_, his agent) or _a_, agent for _b_. a promissory note or simple contract made and signed in the name of the principal, the agent's name not appearing, is probably binding, but it is not good business practice. the exact condition of affairs should be shown, and the name of the agent, as well as that of the principal, should appear in the document. = . authority of agent to warrant.= as to whether or not an agent authorized to sell personal property has implied authority to warrant its quality, is not uniformly settled. if there is any rule on the question, it probably is controlled by usage and custom. if there is a general well known custom to warrant a particular article, the agent has implied authority to warrant the quality of the article sold. if no such usage or custom exists, or if the usage or custom is purely local and not general in its application, the agent has no authority to warrant the quality of the goods sold. it must be remembered that a principal is bound by the general character of authority he confers upon his agent, by the agent's apparent authority rather than by the actual authority, unless the latter is actually brought to the notice of third parties. it has been held that an agent authorized to sell a horse is authorized to warrant the soundness of the horse, and that an agent authorized to sell reapers is authorized to warrant their durability and fitness. it was held that a principal, who authorized an agent to sell goods at a certain price, did not authorize the agent to warrant to third persons that his principal would not sell to others at a less price. = . factors.= a factor, usually called a commission man or consignee, is an agent entrusted with possession of his principal's goods, and ordinarily empowered to sell in his own name. like any agent who has possession of his principal's goods with power to sell, a factor has power to collect. he differs from a broker in that he has possession of the goods of his principal, and is authorized to sell in his own name, rather than in the name of his principal. in the absence of contrary custom or express direction, a factor may sell on credit. a factor, until instructed otherwise, may use his discretion as to the time and price of sales, and is entitled to deduct his commission based upon custom in the absence of special contract. a factor may sue the purchaser in his own name, for the purchase price. the principal may sue in his own name also. persons dealing with factors may hold the principal responsible for the contracts and representations of the factor, the same as any undisclosed principal. factors are also personally liable to third persons for their contracts. a factor must account to his principal for money collected, less his commission and expenses. he is not obliged to keep such money separate from his own, but he must keep accurate account of same, and remit promptly when it is due, according to custom or special contact. = . brokers.= a broker differs primarily from a factor in that ordinarily he does not have possession of the article dealt in, and acts in the name of his principal rather than in his own name. there are many kinds of brokers engaged in common business life. some of these are insurance brokers, pawnbrokers, bill and note brokers, and merchandise brokers. in the absence or special authority, a broker does not have authority to collect. = . auctioneers.= an auctioneer is a special kind of agent employed to dispose of goods to the highest bidder at a public sale. some states provide by statute that auctioneers must be licensed, and that they may charge only certain fees. most licensed auctioneers are required to give bond. in the absence of statutory regulations, any person competent to perform the duties of an auctioneer may so act. an auctioneer differs from an ordinary agent in that, in some respects, he is agent for both seller and purchaser. he is agent for the seller in offering the goods for sale, and in obtaining bids. when the highest bid is received, however, and the hammer falls, he is deemed to be agent for the purchaser, with authority to complete the sale in the purchaser's name. if the contract of sale is within the statute of frauds and required to be in writing, the auctioneer has the authority of the purchaser to sign his name to a memorandum of sale, either by himself or through his clerk. the bidder is bound by this contract, made in his presence at the time and place of the sale. the owner may fix such reasonable terms as he chooses, and the auctioneer must follow out the terms made by the owner. if an owner advertises the terms of the sale, bidders are deemed to have notice of these terms. these terms cannot be varied by the auctioneer. if, however, the owner publishes no special terms of sale, the auctioneer has implied authority to fix customary and reasonable terms. bidders have the right to rely on such terms and the principal is bound by them. in the absence of special instructions to the contrary, an auctioneer must sell for cash. he has possession of the goods, consequently has implied authority to receive payment of the price. he has no implied authority to warrant the goods. he cannot bid in his own interest. if bidders fraudulently combine not to bid against each other, for the purpose of obtaining the goods at a cheap price, no title passes to the highest bidder, by reason of the fraud. so long as the auctioneer acts within his authority and reveals the name of his principal, he incurs no personal liability. but if he exceeds his authority in making a sale he is liable in damages to his principal. if he does not reveal the name of his principal to bidders, he is liable personally to them. an auctioneer is entitled to recover from his principal the amount of his compensation, including disbursements and expenses incurred in the sale, care and preservation of the property. he is said to have a _lien_ on the goods or proceeds of the sale, for his compensation. by this is meant that he has a right to retain possession of the goods until his compensation is paid, or in the case of sale, to deduct his charges from the proceeds of the sale. when authorized to sell goods on credit, in case payments are not made when due, the auctioneer may sue in his own name. he may also sue in his own name for wrongful acts of third parties, whereby the goods are injured. the principal also may bring this action in his own name. the principal is liable for the acts of his auctioneer, committed within the actual or apparent scope of the latter's authority. = . del credere agency.= an agent authorized to sell is not permitted to sell on credit, unless expressly so authorized or unless the custom or usage of the particular kind of agency impliedly carries with it this power. some agents are, by their contracts of agency, authorized to sell on credit, on condition that they guarantee to save their principals from losses resulting therefrom. such an agency is called a _del credere_ commission, and the agent is called a _del credere_ agent. this term means that in consideration of the agreed commission or salary paid the agent, the latter agrees to pay to the principal, when due, the sums which third parties, who buy the principal's goods from the agent, fail to pay. this agreement to indemnify the principal against losses on credits made by the agent, is regarded as an original promise on the part of the agent, and not a promise to pay the debt of another. by reason of this attitude on the part of the courts in interpreting this contract as an original promise on the part of the _del credere_ agent to pay his own debt, and not the debt of another, the contract does not have to be in writing. (see statute of frauds.) for example, _a_, a manufacturer of farm machinery, employs _b_ as agent to sell farm machinery on credit, on condition that _b_ personally guarantees the sales. _b_ sells a mowing machine to _c_, to be paid for within ninety days. _c_ fails to make payment. _a_ may sue and recover the amount of the purchase price from _b_. = . real estate brokers.= a real estate broker is one employed to make contracts involving the sale or leasing of real property. the sale of lots, of houses and lots, and farms are common examples. a real estate broker is seldom authorized to do more than find a purchaser or tenant, not being authorized to make the lease or contract of sale. by reason of this limitation generally placed on a real estate broker's authority, many disputes arise over real estate brokers' rights to compensation. a principal may enter into any kind of contract he desires with a real estate broker, and is liable when the broker has performed his contract, and not before. the difficulty is in determining when the broker has substantially performed his contract. if _a_ hires _b_ to procure a purchaser for his house and lot, and agrees to pay him % of the selling price when he obtains the signature of a financially responsible purchaser to a contract of sale, _b_ is not entitled to his commission until he obtains such a party's signature to a contract. the fact that _a_ has entered into this contract with _b_, does not, in the absence of an express stipulation to the contrary, prevent _a_ from selling the property himself, or from employing as many other brokers as he pleases to attempt to make the sale. most brokers, however, are employed on certain terms to obtain a purchaser or tenant. if the agent succeeds in obtaining such a purchaser or tenant, the principal must pay the broker the agreed compensation. the owner cannot act unfairly by the broker. if the broker obtains a tenant or purchaser by seeking him out, and by interesting him in the property, the owner cannot avoid the payment of commission by discharging the broker and completing the deal himself. in the absence of an express agreement to give the broker a certain fixed time in which to make the sale or find a tenant, the owner may discharge the agent at any time he sees fit, just as the agent may cease his efforts at any time he chooses. the owner cannot discharge the agent just as the latter is completing the sale, in order to take advantage of the agent's efforts, without paying him the agreed compensation. the agent, in this event is held substantially to have performed his contract. contracts with real estate brokers should be carefully drawn, and should contain express stipulations as to the powers and limitation of the broker's authority. the temptation is great on the part of both parties to claim that the sale was, or was not made, through the efforts of the broker. the contract of a real estate broker differs not at all from any other contract. the conditions are such, however, that the agreement is frequently indefinite, and it is difficult to determine when a substantial performance has been made. in the absence of any agreed compensation, the real estate broker is entitled to receive the customary fees. in the absence of any custom regulating the commission, he is entitled to receive a reasonable compensation. a real estate broker is not permitted to represent both parties, or to receive compensation from both parties. if a broker is promised compensation from the purchaser which he agrees to accept, without the consent of the owner, he cannot receive compensation from either party. = . termination of agency.= if an agent performs the terms of his agency, the agency is said to be terminated by performance. he ceases to be agent, by reason of having performed his contract. if an agent is employed to act as agent for a specified time, the lapse of the stipulated time, of itself, terminates the agency. an agency is a contract, express or implied, and it may be terminated at any time by any act of the parties thereto showing such to be their intention. there is one exception to this rule, and that is, that an agency coupled with an interest cannot be terminated by an act of one of the parties. this exception is discussed in a separate section. where an agency is terminated by failure or refusal of the principal, or agent to carry out his terms of the contract, the defaulting party is liable in damages to the other party. this does not prevent the termination of the agency however. [illustration: a corner in the new york office of the h. w. johns-manville co.] where an agency is terminated by the failure or refusal of either party to observe the conditions of the contract of agency, the agency still subsists on the part of third persons, who have dealt with the agent, and who have not received notice of the termination. upon revoking the agent's authority, the principal must notify third persons, who have dealt with the agent, or who have knowledge of the agency contract, and who would be likely to continue to deal with him as agent. if the principal does not give third parties such notice, he is still liable to them on contracts subsequently made by the agent in the principal's name. for example, if _a_, a wholesale druggist, employs _b_ to sell goods for one year and _c_ knows of the contract, and at the expiration of six months, _a_ discharges _b_ for failure to give him his exclusive time, _a_ must notify _c_ of _b's_ discharge, else _b_ can still bind _a_ by making contracts with _c_. = . revocation of agency by operation of law.= when one of the parties to an agency contract dies, becomes insane or bankrupt, the agency is said to terminate _by operation of law_. when the principal dies, the agency terminates. death of itself, constitutes notice to third persons of the termination of the agency. this is true of all agencies except those coupled with an interest, discussed in another section. if any agent and a third person innocently make a contract in the name of the principal after the death of the principal, and without notice of the principal's death, the contract is not enforceable against the principal's estate. death of the principal revokes the agency. death of the agent also revokes the agency. insanity of the agent, or of the principal terminates an agency not coupled with an interest. it is regarded the same as death of one of the parties. an agency is terminated by the bankruptcy of either principal or agent. mere insolvency on the part of the principal or agent does not, of itself, terminate the agency, but bankruptcy, voluntary or involuntary, terminates it, and is of itself, notice to third persons. an innocent third person who has parted with his money on a contract made with the agent after the agency has been terminated by reason of insanity, or bankruptcy of the principal, may not enforce his contract, but may recover his money. injury or disability of an agent, rendering it impossible for him to carry out the terms of the agency, terminates the agency. = . agency coupled with an interest.= an agency coupled with an interest cannot be terminated by attempted revocation of the principal, nor is it terminated by death, insanity or bankruptcy of the principal or agent. if the agent has an interest in the subject of the agency outside his interest in his compensation, he is said to have an agency coupled with an interest. such an agency is irrevocable. _a_ pays _b_ one thousand dollars ($ , . ) for one eighth interest in a patent, and in consideration of this purchase is given the agency to sell the patented article for a fixed commission. this constitutes an agency coupled with an interest, and is not revoked by an attempted revocation of the principal or by the principal's death. _a_ is indebted to _b_, his attorney, for one hundred dollars ($ . ). _a_ gives _b_ a note for one hundred and fifty dollars ($ . ) to collect, agreeing to pay him % of the amount collected, and to permit him to deduct the one hundred dollars ($ . ) indebtedness. this constitutes an agency coupled with an interest, and cannot be revoked by _a_. to constitute an agency coupled with an interest, the interest must be coupled with the subject matter of the agency, and not merely with the compensation the agent is to receive. for example, if _a_ sends his attorney, _b_, a note to collect, agreeing to give _b_ % of the amount collected, this does not constitute an agency coupled with an interest, and may be revoked at any time by _a_. quiz questions law in general . how many classes of rights are there? . name them. . how did men derive these rights? . what limitations, if any, are there to rights? . have property rights always been recognized? . _a_ finds a watch in the street and, without making any attempt to find the owner, keeps it. is the right of possession in _a_? . in primitive times were personal or property rights more generally recognized? . how were rights originally enforced? . how are rights enforced at present? . how did laws originate? . define _law_. . what does law embrace? . what connection have laws with courts of justice? . what connection, if any, have customs to laws? . what is the purpose of law? . what class of laws is enforced for the benefit of the state? . _a_ steals _b's_ horse. _b_, by proper legal action, recovers possession of the horse. is the law enabling _b_ to recover the horse a law for protection of citizens, or for the protection of property? . what are the sources of law? . do decisions of courts form any part of law? if so, what? . what are the new york state reports? . what are the philippine island reports? . is the treaty existing between the united states and japan, law? if so what kind of law? . define statutes. how are statutes enacted? . to what classification of law do statutes belong? . is the english constitution written or unwritten law? . do customs and statutes bear any relation to each other? . how is the record of the state statutes kept? . what are the general divisions of law? . is any part of the unwritten law written? . is all unwritten law written? . is any written law unwritten? . is unwritten law stable? . how, if at all, can the written law of a state or country be changed? . are treaties unwritten law? how, if at all, are the records of congress kept? . give a general classification of law. . is there a universally recognized classification of law? . define _administrative law_ and give an example. . define _public law_ and give an example. . define _private law_. classify private law. . define _constitutional law_. . define _criminal law_ and give an example. . can the heir or personal representative of a murdered man ever recover money compensation for the murder? . if so, is it by means of private or public law? . is a criminal tried and punished by private or by public law? . define _law of procedure_ and give an example. . what do contracts embrace? . what does the word _tort_ mean? . give an example of a tort. . does the same act ever constitute a breach of contract, a tort, and a crime? . define _commercial law_. contracts . define _contract_. . give an example of a business transaction which constitutes a contract. . what is the purpose of putting important contracts in writing? . what is meant by _offer_? . give an example of offer. . a coat marked $ is placed by a merchant in a window. does this constitute an offer? . an advertisement is put in a paper advertising chairs for $ . each. does this constitute an offer? . what is an _agreement_? . is an agreement a contract? . give an example of an agreement. . what is meant by _acceptance_? . give an example of a contract having no acceptance. . _a_ offers to sell _b_ his watch for $ . . _b_ offers _a_ $ . . is there an acceptance? is there a contract in the above case? . what is a _counter offer_? give an example of a counter offer. . what is meant by the term _meeting of the minds_? . give an example of an acceptance not of the exact terms of the offer. . what is meant by _mutuality_? . distinguish _meeting of the minds_ and _mutuality_. . may there be an acceptance of a contract by an act? if the above question is answered in the affirmative, give an example. . must an acceptance be communicated to the offer? . _a_ writes _b_, "i will sell you my horse for $ . if i do not hear from you to the contrary by thursday noon i will consider the horse yours." _b_ does not reply. after thursday noon, to whom does the horse belong? . define _option_. give an example of an option. . does an option require a consideration to render it valid? . what is an _element_ of a contract? . give the elements of a contract. . how many parties to every contract? . what is meant by _legal age_? . _a_, a male, sixteen years old, contracts with _b_, a female, eighteen years old. can _b_ avoid the contract on the ground of the infancy of _a_? . is fraud or duress a defense to a contract? . how many kinds of consideration are there? . is a good consideration sufficient to support a contract? . define _valuable consideration_. . give an example of a contract which may be supported by a good consideration. . what is meant by a _sealed instrument_? . is something beneficial to the promisee a sufficient consideration to a contract? . _a_ promises _b_ to pay him $ if _b_ will promise to work for him for one month. _b_ promises. is there a consideration to this contract? if so, what is it? . define _mutual promise_. . is a mutual promise a valuable consideration? give an example of mutual promise. . define _past consideration_. give an example of past consideration. . does a past consideration support a contract? . what is meant by _adequate consideration_? . does a consideration have to be adequate to support a contract? . may adequacy of consideration be considered in determining whether or not fraud was used in procuring a contract? . give an example of a promise to do something one is already bound to do. . is a promise to do something one is already bound to do a sufficient consideration to support a contract? . give an example of illegal consideration. . does an illegal consideration support a contract? . do all the terms of a contract have to be express? . define _express contract_. . a housewife orders a sack of flour from her grocer by telephone. the flour is delivered and accepted by her. is this an implied contract? . give an example of an express contract. . do any contracts have every term expressly set forth? . define _implied contract_. . are uncertain contracts void or voidable? give an example of an uncertain contract. . give the distinction between _unilateral_ and _bilateral_ contracts. . _a_ promises to sell his dog to _b_ if _b_ will promise to pay him $ . the following day. _b_ promises to pay _a_ $ . the following day. is this contract unilateral or bilateral? . _a_ promises to pay _b_ $ if _b_ will dig a well for _a_. _b_ digs the well. is the contract unilateral or bilateral? . distinguish _executory_ and _executed_ contracts. . _a_ promises to pay _b_ $ , if _b_ will deliver to him a deed of his farm. _b_ delivers the deed. is the contract executed or executory? . is the above contract executed as to _a_? is it executory as to _b_? . are infants bound by their contracts? define _infant_. . are infants' contracts void? . distinguish _void_ and _voidable_. . can a competent party contracting with an infant avoid the contract on the ground of infancy of the other party? . can an infant ratify a contract after becoming of legal age? . explain how, if at all, an infant may ratify his contracts. . define the term _necessaries_. . _a_, an infant, has not sufficient clothing. _b_, a merchant, sells him a coat worth $ . , for $ . . can _b_ recover anything from _a_? if so, how much? . is an infant entitled to receive his wages? . what is meant by _emancipation of an infant_? is emancipation of an infant ever implied? . what is meant by _novation_? give an example of novation. . are contracts made for the benefit of a third person enforceable by such third person? . are contracts of an insane person enforceable? . are contracts of insane persons, intoxicated persons, and idiots void or voidable? . _a_, while intoxicated, purchased a coat from _b_ for $ . . the following day, when sober, _a_ promises to pay for the coat. can _b_ enforce the contract? . can an insane person make a valid contract during a lucid interval? . can married women enter into contracts? . do custom and usage ever enter into a contract? . _a_ purchases forty barrels of yellow grease from _b_, like sample furnished. the grease arrives, ranging in color from white to black. _b_ offers to show a custom among grease dealers, known to _a_, that a composite sample is used in selling grease. can he show this custom as part of the contract? . are oral contracts ever valid? why, if at all, do some contracts have to be in writing? . what is meant by the _statute of frauds_? . when and where did this statute originate? what was the purpose of this statute? . does the statute serve any useful purpose at the present time? . do the states of this country have a _statute of frauds_, or is it a part of their unwritten law? . by the terms of the _statute of frauds_ what contracts must be in writing? . are contracts covered by the statute of frauds illegal if not in writing? . _a_ orally promises _b_ to work for him for two years for the consideration of $ , . can either party enforce the contract? . what is meant by the term _specialty_? are specialties included in the statute of frauds? . can you make an oral promissory note? . can contracts be made by letter and telegraph? . _a_, by letter, offers _b_ $ , for _b's_ team of horses. _b_ mails a letter of acceptance which is lost in the mails. is there a valid contract? . _a_, by letter, offers _b_ $ for a harness. by the following mail, _a_ writes revoking the offer. _b_ receives the letter of revocation five minutes after mailing his acceptance. is the contract revoked? . _a_, by letter, offers _b_ $ , for his racing horse and says, "i will consider my offer accepted upon receipt of your reply." _b's_ letter of acceptance is lost in the mail. is there a valid contract? . _a_ wires _b_ that he will pay him $ per share for his pennsylvania railroad stock. _b_ hands his telegram of acceptance to the telegraph operator who fails to send it. the following day _a_ wires a revocation of his offer. is there a valid contract? . does a revocation by wire or letter have to be received to be effected? . does an acceptance by wire or letter have to be received by the offerer to constitute a valid acceptance? . in what respect do sealed instruments differ from ordinary contracts? . at present what constitutes a seal? . at present is it the tendency of the law to favor sealed instruments? . are sunday contracts void or voidable? . what makes sunday contracts unenforceable? . what was _the lord's day act_ of england? . what is meant by works of charity and necessity? . _a_ makes and delivers a promissory note to _b_ for $ on sunday. is the note enforceable? . what makes a contract illegal? . are illegal contracts void or voidable? give an example of an illegal contract? . what is a gambling contract? . are gambling contracts void? . why are gambling contracts illegal? . define _fraud_. . is a false representation made during the formation of a contract known by both parties to be false, a defense to the contract? . give an example of a false misrepresentation which will serve to avoid a contract? . can there be duress without personal violence? define _duress_. . give an example of duress. . do duress and fraud render a contract void or voidable? . define _mistake_ in connection with making a contract. define _mistake of fact_. . define _mistake of law_. . does mistake of one party to a contract avoid the contract? . does mistake of law avoid a contract? . does mutual mistake render a contract void or voidable? . what is meant by a _contract impossible of performance_? give an example of a contract impossible of performance. . _a_, on april , enters into a contract dated april , by which he promises to deliver to _b_ within twenty-four hours, five tons of coal. is _a_ liable on this contract? . do floods, earthquakes, or lightning preventing performance excuse performance? . is a party to a contract excused from performance by reason of a strike? . may a party to a contract stipulate against strikes and acts of god in such a manner as to avoid liability therefor? . if a party to a contract renders performance impossible can he force performance? . what is meant by _conflict of law_? . does the law of the place where a contract is made, or the law of the place where the contract is enforced, prevail? . if a contract is made in one place, to be performed in another, the law of which place prevails in the interpretation of the contract? . what is meant by _assignment_ of a contract? . _a_, a singer, contracts to sing at _b's_ opera house for one week. can _a_ assign her contract to _c_, another singer? can _b_ assign his contract to _d_? . what is meant by _giving notice of assignment_? . is an assignment a contract? . what are the elements of a valid assignment? . does an assignment require a consideration? . write an assignment of a simple contract. . define _several liability_. . can a party be jointly and severally liable on the same contract? . if two parties are jointly liable on a contract can one of them be sued thereon without the other? . if two parties are severally liable on the same contract, can both be sued together thereon? . define liability _in solido_. give an example of liability _in solido_. . how may a contract be discharged by performance? give an example of a contract discharged by performance. . what is meant by _tender_? what constitutes legal tender? . does united states statute or a state statute make certain money legal tender? . what kinds of money constitute legal tender? . _a_ owes _b_ $ . . he tenders him the amount in nickels. is the tender good? . _a_ owes _b_ $ . . he tenders him a certified check for the amount. is the tender good? . can a contract be discharged by a subsequent agreement? . _a_ agrees to dig a well for _b_ for $ . . before _a_ starts work, _b_ changes his mind, and offers _a_ $ . in settlement. is the contract discharged if _a_ accepts the $ . ? . define _warranty_. . give an example of warranty to a contract. . does breach of warranty discharge the contract? . does breach of warranty give rise to an action for damages? . define _rescission_. . give an example of rescission. . define _statu quo_. . define _breach of contract_. . give an example of breach of contract. . in case of breach of contract must the other party wait until the time for performing the entire contract elapses, or may he sue at once? . define _bankruptcy_. . by what kind of law is bankruptcy regulated? . does bankruptcy discharge a contract? . define _voluntary bankruptcy_. . who may become a voluntary bankrupt? . define involuntary bankruptcy. who may become an involuntary bankrupt? . define _act of bankruptcy_. . enumerate acts of bankruptcy. . at common law could one party to a contract compel another to perform it specifically? under present law can a contract for sale of personal property be enforced specifically? . what is the measure of damages for failure to deliver merchandise under a contract of sale? . how did the court of equity originate? . are juries used in courts of equity? . what classes of cases are tried in equity? . does a court of equity have jurisdiction of a case where there is a plain and adequate remedy at law? . with what kind of contracts is equity especially concerned? . give an example of a contract which may be enforced specifically by a court of equity. . write a form for a simple contract between _a_ and _b_ for the sale of a horse. principal and agent . what is meant by the term _agency_? . give an example of a transaction completed by an agent. . is there a limitation upon the kinds of business which may be transacted by an agent? . distinguish principal and agent from master and servant. . define and give an example of _principal_. . define and give an example of _agent_. . define and give an example of _agency_. . define _infant_. . is a married woman seventeen years of age an infant? . may an infant be a principal? . define and distinguish _void_ and _voidable contracts_. . may an idiot, insane, or drunken person act as principal? . may a corporation or partnership transact business through agents? . may a child eight years of age act as agent? . in general, what persons may act as agents? . may a person act as agent who is not capable of acting for himself? . may a person whose interests are opposed to those of his principal act as agent? . may corporations or partnerships serve as agents? . must an agent's authority to act as agent be in writing? . may an agent be appointed or authorized to act by implied contract? . define and give an example of _implied contract_. . what is meant by _ratifying an act of an agent_. . give an example of a principal's ratification of an unauthorized act of an agent. . give an example of a contract of agency which must be in writing. . why must some contracts be in writing? . what are the principal provisions of the statute of frauds? . must contracts of agency authorizing an agent to complete a land transfer be in writing? . must a contract authorizing an agent to procure a purchaser for a house and lot be in writing? . can a third party rely upon the statements of an agent that he has authority to act as agent? . may a person do through an agent anything which he may lawfully do by himself? . _a_ employs _b_ to purchase votes for an act pending in a state legislature. is _a_ or _b_, or both, guilty of a crime? . _a_ employs _b_ to paint a picture, and _b_ employs _c_ to paint the picture. must _a_ accept the work of _c_? . what things are necessary to enable a person to ratify the acts of an alleged agent? . may a forgery be ratified? . give a classification of agents. . _a_ is employed to deliver a package for _b_. what kind of an agent is _b_? . give an example of a universal agent. . enumerate the duties a principal owes his agent. . _a_ employs _b_ to work in his garden. _b_ works for ten days, no compensation having been agreed upon. how much, if anything, can _b_ recover from _a_? . if an agent abandons his agency before the time of his agency expires, can he recover anything for work performed? if so, how much? . what duty, if any, does a principal owe to his servant as to furnishing a safe place in which to work? . what rules, if any, does a servant assume? . in general, what are the liabilities of a principal to third persons who deal with an agent? . is a principal liable to a third person who has dealt with an agent, who acted within the apparent but not the actual scope of his authority? . is a principal liable to third persons for lots committed by an agent within the scope of the agent's authority? . give an example of a lot or private wrong committed by an agent while acting for his principal, for which the principal is not liable. . enumerate, in general, the duties an agent owes his principal. . is an agent liable to his principal for mistakes of judgment or discretion? . is an agent who acts without compensation ever liable to his principal for negligence? if so, give an example. . enumerate, in general, the liabilities of an agent to third persons with whom he deals. . _a_, an agent for _b_, sells goods to _c_, in his own name. _c_ afterwards discovers that _a_ is agent for _b_. can _c_ hold _a_? . if an agent procures a contract for his principal by means of fraud is the agent liable personally on this contract? . if an agent, believing he has authority to act as an agent, where in fact he does not, reveals all the facts of his agency to a third party with whom he is dealing, is he liable personally to such third party if it turns out that he acted without authority? . define and give an example of _undisclosed principal_. . is an undisclosed principal when discovered, liable for the acts of his agent? . is an agent of an undisclosed principal personally liable to third persons for acts of agency after the undisclosed principal is discovered? . may there be an undisclosed principal to a negotiable instrument? . what is meant by _apparent authority_ of an agent as distinguished from _actual authority_? . give an example of an agency where the apparent authority of the agent conflicts with the actual authority. . if an agent appears to have authority to act for another, but in fact never received any authority, can third persons rely upon his apparent authority? . do customary powers belonging to an agent come within the meaning of apparent authority? . may a principal limit an agent's apparent authority by printing limitations in the agent's order sheet and in making contracts with third persons? if so, give an example. . define and give an example of _secret instructions_. . can a principal evade responsibility to third persons by secret instructions given to an agent? . if a third party dealing with an agent knows of the secret instructions, is he bound by them? . define and give an example of _sub-agent_. . is a sub-agent responsible to the agent? . is an agent ever responsible for the acts of a sub-agent? . what matters, if any, may an agent delegate? . define and give examples of _mechanical_ and _ministerial duties_. . distinguish an agency requiring personal skill, discretion, and judgment, from one requiring the performance of ministerial or mechanical duties. . when, if at all, is an agent authorized to collect? . is an agent authorized to sell goods, always authorized to collect for them? . is an agent authorized to collect, authorized to take checks? . how should an agent authorized to sign a written instrument for his principal, sign? . may an agent authorized to sign a promissory note for his principal, sign his principal's name without his own? . an agent authorized to sign a written contract for his principal signs his own name followed by the word, _agent_; _e.g._, "_a, agent._" is the principal bound? . when, if at all, is an agent authorized to warrant the quality of personal property sold? . define _warranty_. . give an example of an agent who is impliedly authorized to warrant. . do usage and custom have anything to do with the agent's implied authority to warrant? . define _factor_, and give an example. . do factors have possession of the goods? . do factors have implied authority to collect? . do factors have the right to sell goods in their own name? . is a commission merchant a factor? . define _broker_. . distinguish _broker_ and _factor_. . give an example of broker. . is a real estate agent a broker, or a factor? . in what respect, if any, does an auctioneer differ from an ordinary agent? . what is meant by _licensed auctioneers_? . are auctioneers' fees ever regulated by statute? . what is meant by _auctioneer's lien_? . when, if at all, may an auctioneer sell on credit? . may an auctioneer make his own terms of sale? are all third persons bound by the terms advertised? . define and give an example of _del credere_ agent. . must a _del credere_ agent receive a separate consideration for his guaranty? . when is a real estate agent entitled to receive his commission? . does the contract of a real estate broker differ from the contract of any other agent? . how may an agency be terminated? . give an example of an agency terminated by lapse of time, and of one terminated by act of parties. . may all agencies be terminated at the will of the parties? . what is meant by _notice to third persons of termination of an agency_, and when, if at all, is this notice necessary? . explain _termination of agency by operation of law_. . in case of termination of agency by death of principal must third parties be notified? . does injury or liability of an agent ever terminate an agency? if so, under what circumstances? . define _agency coupled with an interest_. . is an agency coupled with an interest revocable at the will of either party? . _a_ employs an agent at a salary of one hundred dollars per month, promising him % commission in addition, on all orders taken in excess of $ , per week. is this an agency coupled with an interest? . give an example of an agency coupled with an interest. [illustration: chamber of commerce, chicago, ill.] commercial law part ii partnership = . in general.= a party may trade and enter into contracts by himself, or he may associate with himself others. a person is not obliged by law to transact business solely by himself. he is permitted, for the purpose of having labor, capital and skill joined in one enterprise, to combine with others. where a person joins with himself one or more persons for the purpose of transacting business as a unit, the firm composed of the two or more persons thus joined is called a _partnership_. a partnership may be defined to be a contract between two or more persons, by which their labor, skill or property is joined in an enterprise for common profit, and in which each partner may act as principal. the principal features of a partnership are, the right of each partner to act as principal for the other partner, and the individual liability of each partner for the acts of the partnership. _a_ and _b_ agree to combine their efforts in operating a tea and coffee store. each may bind the other by contract, made within the scope of the business, and each is liable individually to pay the debts incurred by the partnership. = . how a partnership is created.= a partnership is created by a contract. this contract may be oral, express or implied. many partnerships are created by carefully drawn, written instruments, in which the rights and duties of each party are set forth in detail; while others are made by oral agreement. any contract of importance should, for the purpose of having a record of the exact understanding of the parties, be made in writing. as between themselves, parties cannot be partners except such was their intention. sometimes, parties are considered partners as to third persons, with whom they deal, and are liable as partners, where there is no intent to form a partnership, and when none exists as between themselves. this relationship, called _partnership by estoppel_, is based on equitable reasons and is discussed more at length under a separate section. as between the partners themselves, to constitute a partnership, there must be a contract to that effect. this requires an assent on the part of all the parties, based upon a valid consideration. parties may enter into an agreement to enter into a partnership at a future time. in this event, the partnership does not exist as such until the time provided for in the contract arrives, and until the conditions of the executory agreement have been complied with. a partnership may be created for any lawful purpose. if the partnership contract is procured through fraud or misrepresentation, it may be avoided by reason thereof. = .= _who may be partners._ any person competent to contract on his own behalf may enter into a contract. (see "competency of parties," chapter on contracts.) an infant, or person under legal age, may enter into a partnership contract the same as he may enter into any other contract. the law does not prohibit it. but contracts by infants are voidable. they may be renounced by the infant at his pleasure. for example, if _a_, of legal age, enters into a partnership contract with _b_, seventeen years of age, _b_ may renounce his obligation to _a_ at any time he pleases, before he has reached legal age. _a_, however, cannot renounce his partnership contract on account of the infancy of _b_. _b_ may ratify his contract after becoming of legal age. if _b_, after becoming of legal age, refuses to continue the partnership, and refuses to carry out his partnership agreement, he is deemed in law to have renounced his partnership, and is not liable for the obligation of the partnership. if, however, after reaching legal age, _b_ continues the partnership relationship for an appreciable length of time, he is deemed in law to have ratified the agreement, and is thereafter liable thereon. _b_ may not only renounce the partnership agreement as to his partner, _a_ but also as to third persons dealing with the partnership. _a_, however, is responsible individually upon the partnership contracts with third persons, and cannot take advantage of _b's_ infancy. it is no defense for him. drunken persons, insane persons, and idiots cannot enter into partnership agreements. a married woman could not enter into contracts at common law, but by statute is now permitted to make contracts, with a few minor limitations, such as acting as surety for her husband, or making contracts with her husband. = . partnership name.= the members of a partnership may use any name they desire, so long as the name does not interfere with the fixed rights of others. the members of a partnership may use the name of one of the partners, or the combined names of all, or of a part of the partners, or a name separate and distinct from the names of any of the partners. for example, if _a_, _b_, and _c_ form a partnership, they may use as a partnership name, "the _a_ co.," "the _a_, _b_, co.," "the _a_, _b_, _c_ co.," "the _x_ co.," or any fictitious name they may determine upon. some states provide by statute, that a partnership using a name not revealing the individual members of a partnership, must, in order to sue in the partnership name, file with a county official the names of the members composing the firm. other states by statute prohibit the use of fictitious names. a partnership cannot be bound by any other name than its own. where a partnership has adopted a firm name, contracts made in the name of one of the individual members do not bind the partnership. a partnership may change its firm name. this may be done by agreement, express or implied. if the members of a partnership do not expressly agree to change the name, but a new name is used by one or more of the members, and the change is acquiesced in by the other members, they are deemed in law to have agreed to the new name. a partnership may use two firm names. this sometimes occurs when a firm has branches. one name is used for one branch and another for the second branch. in this event the partners are liable for contracts made in either name. = . names applied to different kinds of partners.= depending upon the nature of their relationship to the partnership, partners are said to be _secret_, _silent_, _ostensible_, _nominal_, or _dormant_. a _secret partner_ is one who keeps the fact of his membership in the partnership from the public. this does not enable him to escape liability as a partner. he is in the position of an undisclosed principal. (see "undisclosed principal," chapter on agency.) so long as a secret partner keeps the fact of his membership from the public, of course he will not be sued as a member. but his liability exists in spite of this secret, and when discovered his liability may be enforced. a _silent partner_ is one who takes no active part in the operation of the partnership business. his name may be known as a partner, or not. he is not necessarily a secret partner. he may be well known as a member of the partnership, but if he takes no active part in the management, he is said to be a silent partner. a silent partner is individually liable for the obligations of the partnership, the same as any partner. an _ostensible partner_ is one who permits himself to be held out or represented as a partner, when in fact he is not a partner. he is responsible as a partner to third persons who deal with the firm, and to whom he has been held out as a partner. for example, _a_ and _b_ trade as the rodway co., _a_ in company with _c_, tries to buy goods of _d_. _d_ knows _c_ but does not know _a_ and _b_. _a_ with _c's_ consent, tells _d_ that _c_ is a member of the rodway co. _c_ is liable as an ostensible partner. more commonly the ostensible partner permits his name to be used as a part of the partnership name when in fact he is not a member of the partnership. if _a_ and _b_ form a partnership and with _c's_ consent use the name, "_a_ _b_ and _c_ co.," _c_ is liable on the partnership obligations, in spite of the fact that as between himself and _a_ and _b_, he is not a partner. if a partner is advertised to third parties as such, without his knowledge or consent, he is an ostensible partner, but is not liable as a partner. a _nominal partner_ is one who permits his name to be used as a member of the partnership without being a member of the partnership. ordinarily he is paid something for the use of his name, but does not have a share in the profits. a nominal partner is liable to third persons as a partner, but as to the other partners, he does not have the rights or liabilities of a partner. the term, _dormant partner_, is sometimes used synonymously with secret partner. technically, it means that the partner is both unknown and silent. it combines the elements of a secret and a silent partner. the terms, _general_ and _special_ partner, are commonly used. by general partner, is meant the one who shares equally in the profits and losses of the partnership transactions. the term, special partner, means that the partner, as between the other partners, does not share equally in the profits, nor is he responsible to the other partners for an equal share of the losses. as to third persons, the terms general and special partners have no significance; for example, if _a_, _b_ and _c_ enter into a partnership, _a_ and _b_ each to furnish two fifths of the capital, and each to have two fifths of the profits, and _c_ is to furnish one fifth of the capital, and receive one fifth of the profits, _a_ and _b_ are general partners and _c_ is a special partner. as to third persons dealing with the partnership _a_, _b_ and _c_, each are individually liable. = . partnership agreements as between partners.= in considering the question as to whether a partnership exists, it must be regarded from two points. first, is there a partnership as between partners; second, is there a partnership as to third persons? a partnership may exist as between the partners themselves. when a partnership exists between the partners themselves, there can be no question about its existing as to third persons. as between the partners themselves, a partnership cannot exist unless there is a contract express or implied, by which they mutually agree or consent to the partnership. if _a_ and _b_ agree, either orally or in writing, to engage in a partnership enterprise, and do so engage in a joint business, a partnership exists between them. if _a_ trades alone as the "_a_ co." and, desiring to obtain credit from _b_, tells _b_ that _c_ is a member of the _a_ co., even though _c_ ratifies the unauthorized act of _a_, by stating to _b_ that he is a member of the _a_ co., this does not constitute him as a partner to _a_. as to _b_, however, he is a partner and is liable as such. as to _a_, he is not a partner, and is not entitled to a share in the profits. if the intent of the parties to form a partnership, is clear, from their express agreement, or from an agreement implied from their acts or conduct, a partnership, without question, exists between them. many business arrangements are made by which property, skill, or labor is combined under peculiar arrangements, as to the division of profits and losses, making it difficult to tell whether a partnership exists. it is not essential that the word, "partnership," be used to have an agreement constitute a partnership. if it is the intent of the parties thereto to create a partnership, one exists regardless of the term used. an agreement to share losses, or to share profits in an enterprise, is some evidence of a partnership, but is not sufficient of itself to constitute a partnership. _a_ and _b_ may agree each to furnish his own tools in drilling an oil well, and if a profit is made, to divide the profits, and if a loss is sustained to bear the loss out of their individual funds. these facts, do not show an intent to form a partnership, and do not make _a_ and _b_ partners as to themselves. if, however, _a_ and _b_ contribute one hundred dollars ($ . ) each to a partnership fund, and combine the tools possessed by each toward a partnership fund, and agree to share equally the profits and losses, the intention is clear that a partnership is intended, and these facts constitute _a_ and _b_ partners. = . partnership as to third parties.= where a partnership exists as between the partners themselves there is no question about its existing as to third persons dealing with the partnership as such. a party cannot hold himself out to the world as a partner, and by means of a private arrangement with his apparent partners, evade liability as a partner. it is generally conceded that a secret arrangement made between partners that one shall not be liable as a partner, if made known to a third person dealing with the partnership, will relieve the apparent partner from liability to such third person. for example, if _a_ and _b_ are doing business as the "_a b_ co.," and _a_ lends his name to the company for a fixed consideration, _b_ receives all the profits and is liable for all the debts. if _c_ deals with the "_a b_ co.," not knowing of the private contract between _a_ and _b_, _a_ is liable individually upon the contract. if, however, _c_ at the time he deals with the "_a b_ co.," is informed of the actual connection of _a_ with the company, he cannot hold _a_ liable as a partner. if a third person extends credit to one of the partners, knowing that the purchase is for the benefit of the partnership, he can hold liable, only the party to whom he extended credit. if, however, he sells to one of the partners, not knowing that he is a partner of a firm, and the firm gets the benefit of the purchase, the firm is liable for the debt. a partnership, like a principal in agency, is liable for the torts or private wrongs of the individual partners, committed in the course of the partnership business. if _a_, a member of the _a b_ co. partnership, uses fraud in purchasing goods, the _a b_ co., is liable for the fraud. if _a_, a member of the _a b_ co., gas fitters, carelessly connect a gas burner, thereby causing an explosion, and injury to _c_, the _a b_ co., is liable for the injury. = . powers and property of a partnership.= a partnership has the power to transact business in its firm name. unless prohibited by statute, it may sue and be sued in its firm name, regardless of the names of the individual partners. each member of a partnership is regarded as an agent of all the other members of the partnership, with authority to bind the partnership by any contract made within the scope of the partnership business. a partner may deal individually in matters outside the scope of the partnership business. for example, _a_, _b_ and _c_ form a partnership for the purpose of buying, selling and leasing real estate. _a_, _b_ and _c_ are authorized to act for each other, in doing all the things reasonably connected with the transaction of real estate business. if _a_ orders groceries in the firm name, his partners may deny and avoid the obligation, on the ground that is is not within the scope of the partnership affairs. the grocer selling _a_ groceries in the firm name cannot claim that _b_ and _c_ authorized _a_ to buy groceries. the purchase is clearly outside the real estate business. if, however, _a_ purchases a house and lot in the firm name and uses it personally, the seller can hold the partnership for the purchase price. a partnership is empowered to sign notes, only when necessary to the transaction of the partnership business. partnerships may hold the title to personal property in the name of the firm. this does not prevent the individual members from holding property individually at the same time. as between the partners themselves, only that personal property mutually agreed to belong to the partnership is partnership funds. even as to third persons dealing with the partnership, the actual agreement of the individual members as to what is, and what is not partnership funds governs, except in the case of fraud. a partnership cannot represent that it owns certain property, or that certain purchases are made for the partnership for the purpose of obtaining credit, and then claim that it is owned by an individual member. property purchased by partnership funds, or improved with partnership funds, belongs to the partnership. real estate purchased with partnership funds is regarded as belonging to the firm, even though title is held in the name of one of the partners. the partner in whose name the property is held is said to be the legal owner, but the partnership is the equitable owner. firm creditors may subject it to pay firm obligations. = . liability of persons held out as partners.= if a person permits himself to be held out as a partner, he will be bound as a partner, as to third persons dealing with the partnership with this in view. it matters not that the party held out as a partner is not a partner in fact. the real relation will protect the apparent partner, as against the other partners, but not as against third parties who deal with the firm, relying upon his being a partner. what amounts to being held out as a partner is a question of fact, which must be determined by the circumstances surrounding each particular case. if _a_, without authority of _b_, tells _c_ that _b_ is his partner in the shoe business and that they are trading as the "_a b_ co.," and _c_ sells them an order of shoes, without investigating whether _b_ actually is a partner, _b_ is not liable as a partner for the obligation. the authority to hold a person out as a partner must come from the partner so held out. it may come from his assent or his neglect in denying the relationship when he learns that he is being advertised as a partner. for example, suppose _a_ borrows five hundred dollars ($ . ) of _b_ and promises to give _b_ a one-half interest in his grocery business, if _b_ so desires, on condition that _b_ spend his afternoons working in the store, and _b_, not considering himself a partner, permits _c_ to tell third persons that he is a partner. as a result, _b_ cannot deny partnership liability as against third persons who consider him a partner in dealing with the partnership. = . duties and liabilities of partners as to each other.= the relation of partners to each other is a contract relation. each partner must carry out the terms of the contract. ordinarily, partnerships require the devotion of the entire time and attention of each partner to the partnership business. partners are not permitted to engage in any business for themselves which will interfere with the partnership business, or take their time and attention away from the partnership business. each partner owes that duty of fidelity to the other members of the partnership. a partner as an individual may deal with the firm, and may act as agent for others in dealing with the firm, if it is with the consent and knowledge of the other partners. a partner cannot sell his interest in the firm to another, and have the new partner take his place as a member of the partnership, without the consent of the other partners. in any event, the withdrawal of one partner and the substitution of another dissolves the old partnership and establishes a new partnership. one partner may assign or transfer his interest in a partnership but this dissolves the partnership, and gives the purchaser the right to his seller's interest in the funds of the partnership. it gives the purchaser no right to participate in the management of the business. if by the terms of a partnership agreement, the partnership is to subsist for a specified length of time, and one partner withdraws or refuses to continue, he is liable in damages to the other partners, for breach of contract. if the partnership is organized without regard to any specified duration, a partner may withdraw at will, and thus dissolve the partnership. partners must devote their entire time and attention to the business, unless the partnership agreement provides otherwise. each partner is entitled to an equal share of the profits. if one partner deals unfairly with another, the latter cannot bring an ordinary suit at law for recovery of the amount due him, or for his damages, but he must bring a suit in equity, setting up the facts, and must demand an accounting. the court will then determine the rights of the partners. if a partnership is dissolved, and the partners expressly agree that a certain sum is owing by one partner to another, the latter may sue the former for this amount, in an ordinary action at law. = . liability of partnership to third persons.= a partnership is liable as such, upon its contracts to third persons. this means that the obligation is in the nature of a joint one against all the partners, and not a several one against the individual partners. there is an individual liability of each partner, called a liability of each partner in solido. this liability is discussed in this section under the title, "liability of individual members of a partnership." a third person, in commencing a suit against a partnership, must sue all the partners, or be subject to the risk of having the case dismissed at the objection of the one sued. all the property of a partnership may be subjected to the payment of partnership obligations. = . liability of individual members of a partnership for partnership obligations.= while a suit brought against one partner for a partnership debt may be dismissed if objected to by the partner sued, if not objected to, and judgment is taken, it may be enforced against the individual assets of the partner sued. in this event, in most jurisdictions, the other partners are discharged from liability. if the partnership is sued either in the partnership name, or in the name of all the individual partners, the individual members are still liable in solido for the debt. by _in solido_ is meant, _liable for the whole_. if one partner is compelled to pay all or more than his proportion of a partnership debt, he may recover the excess of his share, ratably from the other partners. a member of a partnership may have partnership assets and individual assets. a creditor of the partnership may satisfy his claim out of the firm assets, or out of a partner's individual assets, except where there are individual creditors. in the latter event, the partnership creditors cannot subject individual partners assets to the disadvantage of the individual creditors. on the other hand, individual creditors cannot subject a partner's share in the partnership assets to the disadvantage of partnership creditors. this means that in case of insolvency of either a partner or of the partnership, firm creditors must first exhaust firm assets, and take the balance of individual assets after individual creditors have been satisfied. it means, further, that individual creditors must satisfy their debts out of individual partner's assets, and can only subject the balance of firm assets after firm creditors have been satisfied. if there are no partnership assets at all, and no solvent partners, firm creditors are treated on the same basis as individual creditors, and the individual assets of the partners are divided _pro rata_ among partnership and individual creditors alike. = . change of membership.= a partnership depends for its existence upon the continuation of the same membership. if one partner withdraws, the partnership is, by that act, dissolved. if a new member is admitted, the partnership is dissolved and a new one created. a partner cannot escape his liability as a partner by withdrawing from the partnership. by this act, he terminates the partnership, and no further liabilities can be created against him except as to those persons having no notice of his withdrawal; but he is still liable for the old partnership debts. a substituted partner is not liable for the debts incurred before he enters the firm, unless he expressly assumes such debts. if he expressly assumes them, this does not relieve the outgoing partner from liability, unless this is assented to by partnership creditors. if it is borne in mind that a change in membership dissolves a partnership, and any partnership that exists thereafter is separate and distinct from the old one, and dates from the withdrawal of the retiring partner, or admission of the new partner, the individual liability of the partners is easily determined. for example, if _a_, _b_ and _c_ are partners in a dry goods business, and _b_ withdraws, _b_ is still personally liable for the debts of the _a b c_ co. the partnership ceases at the time of his withdrawal. if _a_ sells his interest to _d_, who becomes a member with the consent of _b_ and _c_, _a_ is still liable to creditors who became creditors before _a's_ withdrawal. _d_ is not liable for the debts incurred before his admission as a partner, unless he expressly so agrees. = . death of a partner.= the death of a partner terminates the partnership. the remaining partners may agree to continue the partnership, which amounts to the formation of a new partnership. in case of death of one partner, title to the partnership property is in the surviving partners. they must collect the assets and may sue on firm obligations. they cannot, as survivors, continue the business further than is necessary to wind up the affairs of the partnership. they must first pay all firm obligations, and distribute the proceeds among themselves and the representatives of the deceased partner. = . survivorship.= survivorship is the term applied to the relation to the partnership of the remaining partners, after a dissolution. the partners remaining after a dissolution are known as _survivors_. the title to the partnership property vests in the survivors, and they must collect the assets, pay the liabilities and distribute the proceeds among themselves and the representatives of the other partners. by statute, in some states, surviving partners are permitted to purchase firm assets at a fair appraised valuation. surviving partners have the right to retain possession of the partnership property, and to do those things necessary to wind up the affairs of the partnership. they are not permitted to divide any firm assets among themselves, until all firm debts are paid. if _a_, _b_ and _c_ are partners in the grocery business, and _c_ dies, the title to the property rests in _a_ and _b_, who have the authority to sue for the debts owing, and may be sued for the debts owed by the firm. they have the right to draw checks on the firm checking account, but no right to incur further obligations. in the absence of special statute, they have no right to purchase the business for themselves, and if they choose to continue it, they do so at their own individual risk, and must account for all profits made. = . dissolution of partnerships.= a partnership may be dissolved by lapse of time. if a partnership is entered into under an express agreement that it is to subsist for a certain length of time, lapse of the stipulated period works a dissolution. a partnership may be dissolved by mutual agreement of the partners. a partnership may also be dissolved by any change of membership, whether it be the withdrawal of a member, admission of a new member, or death of a member. bankruptcy of a member, or bankruptcy of the partnership itself, works a dissolution. if one party violates his duties as a partner, or if for any reason, the partnership ceases as a result of a decree of court, there is a dissolution. = . notice of dissolution.= persons who deal with a partnership through one of the partners, or through an authorized agent, have the right to assume that the partnership will continue to exist. if a partnership is dissolved by lapse of time, by mutual agreement, or by withdrawal or entrance of another partner, notice must be given of such change, to protect the members of the former partnership against contracts of third persons, made subsequently to the dissolution. business people, who have had former dealings with the partnership, must receive actual notice. these notices may be sent by mail, or delivered orally, or in writing. a public announcement in a newspaper is sufficient to protect former partners against contracts subsequently made by persons who have not previously dealt with the firm. in case of dissolution of a partnership by operation of law, such as by death of a member, bankruptcy, or decree of court, no notice is necessary. the act which causes the dissolution is deemed to be notice to everyone. = . distribution of firm and individual assets after dissolution.= as a general rule, firm creditors are entitled to firm assets. the balance goes to individual partners. individual creditors are entitled to individual assets. the balance goes to firm creditors. if, however, the partnership is insolvent as a firm, and there is no living solvent partner, in the distribution of firm assets, firm creditors are treated the same as individual creditors. firm real estate may be subjected by firm creditors to the payment of their claims. after firm creditors are satisfied, firm real estate is treated as the real estate of the individual members, and descends to the heirs of the partners, and does not pass as personal property to their personal representatives. = . limited partnership.= most states by statute permit limited partnerships to be formed. in general, a limited partnership differs from an ordinary partnership in that some of the members, called special partners, are not individually liable for the obligations of the partnership. the statutes of the different states differ somewhat as to the purposes for which a limited partnership may be formed. in general, however, a limited partnership may be formed to carry on any business except banking and insurance. a limited partnership must have at least one general partner who is individually liable for the obligations of the partnership. the special partners contribute certain fixed sums, which must be paid before the partnership starts business, and beyond which the special partners are not liable. generally, special partners are not permitted to manage the business. a limited partnership is generally required to file with a public officer a certificate showing its membership, the purpose for which it is organized, the number of shares held by special partners, the assets, the total capital, and the names of the general partners. the purpose of a limited partnership is to enable persons to invest a certain amount of capital in an enterprise without being individually responsible beyond the amount actually invested. limited partnerships are now largely supplanted by corporations. = . form of partnership agreement.= articles of agreement entered into at chicago, ill., this ... day of ... , by and between _a_, hereinafter designated as the first party, and _b_, hereinafter designated as the second party, both of chicago, ill. witnesseth that: . said parties agree to enter into a partnership for the purpose of engaging in and carrying on a general hardware business in the city of _chicago_ under the name of _cook county hardware co._ . the first party agrees to furnish his stock of goods, now located at his present hardware store in _chicago_, and said second party agrees to contribute _$ , . _ in cash immediately upon the signing of the agreement, said stock of goods, and said _$ , . _, to constitute the joint capital of the partnership. . said parties agree to devote their entire time and attention to the interests of the partnership business. . said parties agree to share equally the losses and expenses of said partnership, and at the expiration of each month, to divide equally the net profits reserving a fund sufficient to keep the original capital intact. . said parties agree that the partnership shall continue as long as the partners shall mutually so desire. in the event of either party's desiring to withdraw, said parties agree that each shall choose one arbitrator, the two thus chosen to select a third, who shall appraise the assets of the firm, and divide them into parts, which division shall be accepted as final by the parties hereto. and each party agrees to accept the portion allotted to him by said arbitrators. in witness whereof, the parties hereto have set their hands the day and year above written. signed a....................... b....................... signed in the presence of c....................... d....................... corporations = .nature of a corporation.= a corporation has been defined to be "a collection of many individuals into one body, under a specific denomination having perpetual succession, under an artificial form and vested by the policy of the law, with the capacity of acting in several respects as an individual." in other words _corporation_ is the name applied to an association of persons authorized by law to create, by mutual contribution, a common fund for the purpose of transacting business without rendering the individual members personally liable for the debts of the association, beyond a certain amount. the object is to permit persons to obtain the advantage of large combinations of capital without involving, beyond certain limits, the private property of the individuals composing it. a corporation is an artificial person having an existence in many respects separate and apart from the members composing it. while it can only transact business by means of agents, the obligations created are the obligations of the artificial person, the corporation. the common fund or capital of the corporation, is the only property that can be subjected in payment of the debts. the individual property of the members is not the property of the corporation. [illustration: united states patent office, washington. d. c.] = .corporations distinguished from partnerships.= a partnership may be created by mutual consent of the parties desiring to engage in that joint enterprise. the only limitation is that the enterprise must be for a lawful purpose. a person may form a partnership for the transaction of any kind of business which he may transact as an individual. a corporation, on the other hand, must have permission from the government to transact business. this permission is called its _franchise_. corporations cannot be formed for every purpose. that is, individuals are permitted to engage in lines of business denied to corporations. a corporation is an artificial person, regarded in law as distinct from the individuals composing it. a partnership is not distinct from the individuals composing it, and the individual members are personally liable for the debts of the partnership. a corporation has a continuous existence; it continues to live regardless of death of some of its members, or regardless of a change of membership. a partnership ceases to exist upon the death of a member, or by a change of membership. a corporation's members do not have the right, as such, to act as agents of the corporation for the purpose of transacting business. the agents of the corporation are appointed in a manner prescribed by law, and by the rules of the corporation. in a partnership, each member is the recognized and authorized agent of the partnership. each member may bind the partnership by any contract made within the scope of the partnership business. for example, if _a_ and _b_ form a partnership for the purpose of selling real estate, either _a_ or _b_ by reason of the partnership agreement, is authorized to sell real estate in the name of the firm. if _a_, _b_, _c_, _d_, and _e_ are stockholders in the _x_ co. neither _a_, _b_, _c_, _d_ or _e_ is entitled, by reason of his being a stockholder, to make contracts for the corporation. a board of directors must be elected by the stockholders, who in turn elect officers, and appoint agents authorized to transact the business of the corporation. = . powers of a corporation.= corporations are not permitted, as such, to transact business of every kind. a corporation is an artificial being created by law. it can exist only for those purposes enumerated by law. corporations, as such, have well recognized, or distinguished, powers or characteristics. the ordinary powers of a corporation are as follows: _first_--the power of perpetual succession. _second_--the right to sue and be sued, and to receive and grant in their corporate name. _third_--the right to purchase and hold real estate and personal property. _fourth_--the right to have a common seal. _fifth_--the right to make by-laws. it was long ago decided that a franchise given by the government to a corporation, cannot be revoked or changed by the government, unless such a reservation is made by the government at the time the franchise is granted. at present, such reservations are made in granting most franchises, either by express reservation in the franchise itself, by general statutory provision, or by constitutional limitations. = . creation of corporations.= a corporation cannot be organized merely by agreement of the members. it must obtain permission of the government, state or national, to operate as a corporation, before it can lawfully exercise any corporate rights. originally, the right to become a corporation was granted by express permission of the king. the franchise, or right granted, was called the corporate charter. in this country, charters originally were granted by special legislative grants. while the united states constitution does not expressly provide for the formation of national corporations, congress is deemed to have the right to create them for the purpose of carrying out the express functions of the government, expressly granted by the united states constitution. for example, the constitution expressly grants the united states congress the power to coin money and regulate the value thereof, and to levy and collect taxes. it is given no express power to organize national banks, but under the provisions giving it power to make laws to carry into execution all of the powers expressly granted, it is held to have the power to provide for the organization of national banks. most corporations are organized under state laws. originally, charters were granted by special acts of the state legislatures. these charters were decided to be contracts between the state and the corporation, which could not be changed or revoked at the desire of the legislature. at the present time, most states have general permissive statutes, under which corporations may be organized. these statutes generally reserve the right to the state, to revoke or change the charter at the will of the legislature. many states have constitutional provisions limiting the power of the legislature to grant irrevocable charters. the statutes of the different states vary somewhat as to the things required of persons desiring to organize a corporation, but the primary requirements are similar. in general, the following are the statutory requirements of the states for the organization of a corporation. the persons desiring to organize a corporation, not less than three (some states require more), a majority of whom are citizens of the state, must sign a paper, called the _articles of corporation_, which contains the name of the proposed corporation, the place where it is to be located, the purpose for which it is to be formed, and the place where its principal business is to be transacted, the amount of its capital stock, and the number of shares into which it is to be divided. the articles of incorporation are sent to a designated state officer, usually the secretary of state. upon the filing of the articles of incorporation with the proper state officers, the incorporators may open the books of the company, for stock subscriptions. the time and place of opening the books is announced, usually by thirty days advertising in a newspaper. a portion of the stock, usually ten percent, must be paid at the time the subscription is made. when the required portion of the authorized capital stock is subscribed, by advertising notice, the stockholders may meet and elect a board of directors. the board usually consists of from five to fifteen directors. the directors are required to take an oath of office. some of the governing rules of the corporation, usually called by-laws or regulations, are enacted by the stockholders. some regulations may be enacted by the board of directors. the board of directors may elect the officers provided for by the regulations, and then proceed to transact the business of the corporation. corporations not for profit may be organized. such corporations are organized in the same manner as corporations for profit, except that there is no capital stock, and the directors are usually called trustees. church and fraternal organizations are common examples of corporations not for profit. = . names of corporations.= a corporation must of necessity have a name by which it may be designated, and under which it can transact business. the statutes of the different states generally provide that the incorporators must designate the name which the corporation is to use. one corporation is not permitted to use a name already appropriated by another corporation. a corporation has no right to use a name other than the one given it by its charter. a corporation may prevent by injunction another organization from using a name which interferes with its corporate name. this is subject to the limitations that a corporation is not permitted to appropriate a name descriptive of an article or place. for example, a storage company was incorporated under the name of the "fireproof storage co." an individual with a fireproof building adopted the trade name "the allen fireproof storage co." the former company was not permitted to enjoin the latter from using the word _fireproof_, in the name of his company, since the word, _fireproof_, is descriptive of the kind of building used in the business, and cannot be appropriated by any one company or person. the states generally, by statute, provide a means by which a corporation may change its name. = . kinds of corporations.= corporations are usually classified as public and private. public corporations include those corporations organized for the purpose of exercising public functions, and for carrying out government purposes. an incorporated city or village is a common example. a private corporation is one organized for the private benefit of its members. private corporations are either corporations for profit or corporations not for profit. corporations for profit have a capital stock, and are organized for the financial benefit of the members. ordinary trading or manufacturing corporations are examples. corporations not for profit have no capital stock, and are organized for charitable or social purposes. clubs, educational institutions, and churches are common examples. corporations organized for private gain, and which serve some public purpose, are sometimes classified as quasi-public corporations. express companies and telegraph and railway companies are common examples of the class. these companies are strictly private corporations. = . when corporate existence commences.= the states generally provide by statute, for the organization of corporations. at present, corporations seldom are created by special grant of the legislatures. most states, by constitutional provisions, limit the power of the legislatures to create corporations by special act. persons desiring to organize a corporation, must comply with the general laws regulating their formation. as was pointed out in the section on creation of corporations, several steps must be taken to complete the organization of a corporation. the question often arises as to when the legal existence of a corporation commences. it is quite generally held that a corporation's legal existence dates from the filing of the articles of incorporation with the designated state office. after that time the corporation cannot deny its legal existence. neither can third persons dealing with the corporation deny the legal existence of the corporation. if the corporation fails to fulfil the remaining statutory provisions relating to the completion of the corporation, the state, through its officers, may revoke the corporation's right to continue as a corporation. a corporation does not have the right to transact business, until its organization is completed. it may have a legal existence before that time. = . estoppel from denying corporate existence.= an association of persons pretending, innocently or otherwise, to be a corporation, not having complied with the legal requirements for creating a corporation, is not permitted to deny its corporate existence, for the purpose of avoiding its obligations. such an association is liable as a corporation for its obligations, and if there is no corporate property, the members of the association are liable personally. on the other hand, persons who deal with an association of persons which claims either by name, or by express statement, to be a corporation, cannot evade their liability to the association on the ground that the corporation has not been legally organized. as between the corporation and the state, which alone can give it power to exist as a corporation, no valid corporation exists until all the legal requirements are complied with. the state, through its proper officers, may deny corporate right to any association of persons who have not fully complied with the statutes regulating the creation of corporations. to create a corporation by estoppel, there must be an organization assuming to act as a corporation. if _a_ trades in his own name, a person dealing with him cannot claim that _a_ is a corporation by estoppel. but if _a_ trades as "the cook county lumber co.," and enters into a contract with _b_ in the name of the cook county lumber co., and signs his name as president of the company, he cannot deny its corporate existence. if _b_ purchases material of the cook county lumber co., he cannot refuse to pay for it on the ground that the cook county lumber co., is not a legally incorporated company. = . corporate charter a contract.= originally in this country, the right to exist as a corporation was granted by special act of the legislature. it was early decided that this grant by a legislature could not be revoked or changed by subsequent act of the legislature. it was regarded as a contract. by reason of the fact that corporate charters are contracts, giving corporations the right to a continuous existence under the terms of the original grant, many states now have constitutional provisions, limiting the right of legislatures to grant irrevocable charters. those states having no such constitutional limitations, have a provision in their statutes authorizing the creation of corporations, and providing that all corporate charters or franchises be revocable or changeable at the will of the legislature. at the present time in most, if not all of the states, a corporation cannot obtain an irrevocable charter. their charters are granted with the reservation, or upon the condition, that the terms may be changed or revoked at any time. = . de facto corporations.= in connection with corporations, the terms _de facto_ and _de jure_ are often used. by _de jure_ corporation is meant a corporation that has a perfectly legal existence; one that has complied with all the laws relating to its creation; one that cannot have its right to exist as a corporation denied by the state under whose laws it was created, on the ground that it has not complied with all the laws relating to its creation. by _de facto_ corporation is meant a corporation that has performed some of the functions of a corporation without having complied with all the legal requirements relating to its incorporation. to constitute a corporation _de facto_, it is usually conceded that there must have been laws under which the pretended corporation might lawfully have been organized, followed by some kind of an attempt to organize under these laws, and by a use of corporate functions. as between the corporation and the state, the state may stop the corporation from exercising corporate functions. as between the corporation and third persons dealing with it as such, in the absence of fraud, corporate existence of a _de facto_ corporation cannot be denied. = . promoters.= persons who undertake the organization of corporations are called _promoters_. the promoter of a corporation need not be one of the incorporators, but he is the active man who engineers the enterprise. he is the one who interests capital, who induces persons to take the required amount of stock, who assembles the parties desiring or induced to organize the corporation. in short, he is the one who manages the organizing and starting of the corporation. oftimes much work must be done, many contracts made, and liabilities incurred before a corporation has any legal existence. just what connection the promoter has with the corporation, whether he may bind the future corporation, or make it liable for his acts of necessity, or by adoption, is often a close question. it must be borne in mind that before a corporation has a legal existence, it can incur no obligations as a corporation. before a corporation's legal existence commences it can have no authorized agents. if _a_, knowing where valuable undeveloped stone quarries are located, obtains options on the lands, interests men of means to promise to take stock in a future organization, performs all the preliminary work to the creation of a corporation, organized for the purpose of purchasing and operating said lands, and incurs debts in connection therewith in the name of the proposed company, the corporation, when completed, cannot be compelled to pay such obligations. it did not incur them. it had no power to incur them since its legal existence did not commence until a subsequent time. the obligation belongs to the promoter, or to those persons, if any, who authorized him to incur the debts. if, however, recurring to the former example, "the cuyahoga stone co.," is organized by _a_ to develop and operate such stone lands, and after the organization is completed with full knowledge of the obligations of _a_, it, as a corporation, agrees to pay said obligations, and to purchase _a's_ options on the lands for a specified amount, the obligations now become the obligations of the corporation. the corporation may be sued thereon, and its property subjected. this is called the adoption of a promoter's obligation by a corporation. a corporation is liable on its express, as well as on its implied contracts, and if it accepts valuable services of a promoter after it becomes a corporation, it is liable on an implied contract to pay for the same. services rendered by a promoter for a future corporation do not render a corporation liable therefor, unless adopted by the corporation after its legal existence commences. the states generally provide by statute, the time when a corporation's existence commences. these statutes vary somewhat, but in general provide that the corporation's existence commences when the proper articles of incorporation are filed with the secretary of state. = . reorganization of corporations.= the right to exist as a corporation is a special privilege which cannot be sold or transferred to another. any property acquired by a corporation may be mortgaged, sold or transferred at the will of the corporation. the right to exist as a corporation, however, is a special privilege granted by the state, and cannot be transferred. any association of persons desiring to exercise the rights and privileges of a corporation must obtain such rights from the state. they cannot purchase such a right from an existing corporation. many of the states provide by statute for the organization of a corporation by those persons purchasing the property of public service corporations at a foreclosure sale. a common example is in case of a foreclosure of a mortgage on a railway. statutes of some states provide that the purchasers of such property at foreclosure sale may, and shall organize a corporation which shall carry out the purposes of the original corporation. where a corporation is organized and purchases the assets of the former corporation, the new corporation is not liable for the obligations of the old. sometimes the new corporation takes over the assets of the old corporation, and expressly assumes the obligations of the old. in this event, the new corporation is liable for its predecessor's debts. if the new corporation, in purchasing the assets of the old, uses unfair or fraudulent methods, the transfer will be set aside at the instance of creditors of the old corporation, or the new corporation will be deemed liable for the debts of the old corporation. in carrying out reorganization schemes, a transfer of assets must be fair and _bonâ fide_, or the sale will either be set aside as fraudulent, or the new organization will be deemed a continuation of the old, and liable for its debts. = . consolidation of corporations.= the right to exist as a corporation does not carry with it the right to combine or consolidate with other corporations. where two or more corporations combine or consolidate, the resulting corporation is distinct from the combining corporations. the right to consolidate, like the right to exist as a corporation, is a special privilege granted by the state. consent must be obtained from the state before a valid consolidation can be made. most states provide by statute for the consolidation of certain corporations under certain prescribed conditions. before a valid consolidation can be effected, the provisions of these statutes must be complied with. some states require the payment of a consolidation tax. others require that parallel and competing railroads cannot consolidate. unless the charter of the corporation permits of consolidation without the consent of all the shareholders, and unless the shareholders have by valid resolution given the directors the right to consolidate, a consolidation cannot be made over the objection of any shareholder. an attempted consolidation under these circumstances may be enjoined by a dissenting stockholder, or if the consolidation is made over his objection the resulting consolidated company is liable in damages to him. when a consolidation has been legally made, the consolidated company is liable for the debts, and is entitled to the assets of the component corporations. = . meetings and elections of corporations.= a corporation transacts its business through a board of managers. the shareholders or members of the corporation do not transact the business of the corporation directly, but through the governing board. in case of a corporation having a capital stock, this governing board is called the board of directors. in case the corporation has no capital stock, such as a church or charitable organization, the governing board is called the board of trustees. the charter, or statute under which corporations are formed, usually provides for annual meetings for the election of officers. if the corporation has no fixed place of meeting, notice must be given each stockholder of the place of such meeting. a corporation has no power to hold its meetings outside the state of its organization. it may employ agents to represent the corporation outside the state of its creation, but it should hold its corporate meetings within the state. if the time of holding the election of officers is fixed by statute, or by a regulation or by-laws of the corporation, the meeting should be held at that time. if for any reason a corporate election cannot, or is not held at the time designated, the old directors hold over until the new board is regularly elected. = . voting at corporate meetings, quorum and proxy.= each shareholder or stockholder of a corporation is entitled to vote at the corporate meeting for the election of officers. usually the vote is by shares. each shareholder is entitled to one vote for each share he holds. some states, by statute, limit the right of a single shareholder to a certain number of votes. when this limitation is fixed, it usually limits the shareholders to one vote regardless of the number of shares held. such a limitation, where found, is for the protection of small shareholders. corporations keep books in which are kept the names of the shareholders. only the persons whose names appear upon the corporation's book as shareholders are entitled to vote. some states provide by statute for what is known as _cumulative voting_. instead of voting the number of shares he owns for each director, by cumulative voting a stockholder is entitled to vote for one director the number of shares he owns, multiplied by the number of directors to be elected. this is sometimes called _ticket voting_. for example, three directors are to be elected, and a shareholder holds ten shares. he may have ten votes for each director, or thirty votes for one director. this is for the protection of the small shareholder. by _quorum_ is meant the number of votes required to constitute an election. sometimes a quorum is based upon a majority of the number of shareholders present. in the absence of statute or corporate regulations to the contrary, this rule applies. statutes of some states provide that a two thirds majority of the shares of the corporation shall constitute a quorum. most states provide by statute for voting by _proxy_. this entitles one shareholder to give another written authority to vote his shares at a corporate meeting. this right does not exist in the absence of statute. a proxy may be revoked at the will of the shareholder giving it. = . stockholders of a corporation.= the membership of a corporation is made up of the stockholders or shareholders. a corporation for profit is authorized by its charter to have a certain capitalization, or the capitalization is the total amount of the shares authorized to be issued. the charter usually requires that a certain percentage of shares subscribed be paid in before the corporation is authorized to elect directors. the charter usually provides that at least ten per cent of the capitalization be subscribed, and at least ten per cent of the amount subscribed be paid in, before directors can be elected. a stockholder is liable to the corporation on his subscription and, in the absence of any additional liability fixed by the charter, is not liable for the debts of the corporation for any amount in addition. formerly some of the states provided by statute for double liability of stockholders. in case of insolvency of the corporation, stockholders could be required to contribute an amount equal to their subscription in addition to paying their subscription in full. stockholders' double liability has been abolished by most states. at present a stockholder can be compelled to pay the full amount of his stock subscription, and no more. stockholders of national banks, corporations organized under united states laws, are liable for double the amount of their stock. those persons are regarded as stockholders who appear as such on the books of the company. a person may become a stockholder by purchasing stock from the corporation, or by purchasing it from another stockholder. any person legally competent to contract may become a stockholder. = . certificate of stock.= written certificates are usually furnished shareholders, by corporations, as evidence of membership. these certificates are made transferable, in order that they may be indorsed by a shareholder, and made payable to a purchaser. when so indorsed, the purchaser is entitled to have the shares transferred on the books of the company, showing that he is a shareholder in the company. a certificate of stock does not of itself constitute ownership. it is merely evidence of ownership. a person may be a stockholder in a corporation by making a valid subscription, and by paying for the same, regardless of having received a certificate of stock. the following is a common form of stock certificate: the consolidated tack co. cleveland, ohio. incorporated under the laws of the state of ohio. no. no. of shares - - capital stock $ , , . this certifies that john smith is the owner of fifteen shares of $ each of the capital stock of the consolidated tack co., transferable only on the books of the company, in person or by attorney, upon surrender of this certificate properly indorsed. in witness whereof said corporation has caused this certificate to be signed by its duly authorized officers, and to be sealed with the seal of the corporation. at cleveland, ohio, this st day of october, a. d. . jack brown, tom jenkins, treasurer. president. corporate seal. blank for transfer, on back of certificate. for value received................ hereby sell, assign and transfer unto____________________ shares of the capital stock represented by the within certificate, and do hereby irrevocably constitute and appoint.............. to transfer the said stock on the books of the within named corporation. dated................ .. ___________________ in the presence of ______________________ = . directors of a corporation.= the managing officers of a corporation are called directors. they are the representatives elected by the stockholders, or members of the corporation, to transact the business of the corporation. while in the absence of statutory regulations a director need not be a stockholder, practically all states require directors to be stockholders. directors are authorized to act as agents for the corporation in the management of the corporation's business. their authority is limited not only by the charter of the corporation, but by the regulations, and by-laws of the corporation as well. the directors of a corporation are not authorized by virtue of their office to dispose of the entire assets of the corporation, neither can they transfer their right to act as directors to others. they have the right to purchase property, to sell and mortgage assets of the corporation within the limits prescribed by the charter, regulations and by-laws of the corporation. the directors of a corporation must act as a board. they are not permitted to act by proxy. the majority of the entire number of directors constitutes a quorum for the purpose of doing business. they may employ agents to make and carry out contracts, and perform ministerial acts of the corporation, but cannot delegate their discretionary powers as directors. unless provided otherwise by statute, directors must hold their meetings within the state under whose laws the corporation is created. notice of the meeting giving the place, time and purpose must be given to all the directors before a valid meeting can be held. directors, like agents, cannot act for their own private interests if opposed to those of their corporation. directors who privately profit to the disadvantage of the corporation are liable in damages for such acts to the corporation. it is generally conceded that a director may contract with his corporation, if no fraud is used, and if a quorum of directors without him consents. directors are liable to the corporation for their dishonesty or negligence. = . by-laws, rules and regulations of a corporation.= the by-laws of a corporation are the rules and regulations by which the corporation is governed. sometimes a distinction is drawn between the term _by-law_, and the term _regulation_. for example, the statutes of some states provide that the stockholders may pass regulations for the government of the corporation relating to the time, place and manner of holding corporate meetings, the number of stockholders that shall constitute a quorum, the time and manner of electing directors, the duties and compensation of officers, and the qualification of officers; while the directors have the power to pass by-laws relating to the government of the corporation, not inconsistent with the charter of the corporation and the regulations. this distinction between regulations and by-laws does not seem to be generally recognized. the entire government of the corporation is generally included in the term by-laws. if the charter does not provide otherwise, the by-laws shall be passed by the stockholders rather than by the board of directors. a resolution is not a by-law. by resolution is meant the recorded and legally passed determination of a corporation to perform some particular thing or item of business. a vote of a board of directors to make certain bids on certain contracts is an example of a resolution. by-laws must not be contrary to the corporation's charter, or to general law. they are not presumed to be known by third persons, but if third persons dealing with a corporation have actual knowledge of them, they are bound by notice of their provisions. = . capital stock of corporations.= the capitalization of a corporation is the aggregate amount of stock it is authorized by its charter to issue. if a corporation is authorized to issue one hundred thousand dollars ($ , . ) of stock, it is said to be capitalized at one hundred thousand dollars ($ , . ). this does not mean that the corporation has property worth one hundred thousand dollars ($ , . ). a corporation is usually authorized to elect directors after one tenth of its stock has been subscribed, and after one tenth of the amount subscribed is paid in. thus, a corporation capitalized at one hundred thousand dollars ($ , . ), may elect directors and start business with only one thousand dollars ($ , . ) actually paid in. the term, capital stock of a corporation, is used in many different ways. it is commonly used to designate the capitalization. sometimes it is used to designate the amount actually subscribed. strictly, it probably means the money actually paid in on subscriptions. a corporation's assets may be far in excess of its capitalization, or far below its capitalization. it may have property worth five hundred thousand dollars ($ , . ) and be capitalized at one hundred thousand dollars ($ , . ) more or less, or it may be capitalized at one hundred thousand dollars ($ , . ) and have no assets. = . payment of shares of stock.= it may be stated as a general rule that a corporation has no authority to dispose of its stock for less than par value. if a corporation is solvent, ordinarily no objection is raised, but if the corporation becomes insolvent, creditors may complain, and force, by proper legal action, the shareholders to pay the difference between the face value of their stock and the amount actually paid. in the absence of a statute requiring stock subscriptions to be paid in cash, there is nothing to prevent a corporation from accepting property at a fair valuation in payment of stock. the rule is usually stated to be, that shares of stock must be paid for in money or in _money's worth_. shares of stock may be paid for in _bonâ fide_ services. the rule by which purchasers of stock are compelled to pay the full par value either in money or money's worth applies only to those who purchase direct from the company, or who purchase from stockholders with notice that the shares have not been fully paid for. if the certificates of stock state that they are fully paid for and the purchaser has no notice otherwise, or if the purchaser does not know that the stock has not been paid for in full, he cannot be made to suffer for the act of the corporation in unlawfully issuing the stock. = . calls and assessments.= an _assessment_ may be defined to be a levy by a corporation upon a shareholder for an unpaid portion of his stock subscription; a _call_ is a notice to a shareholder of an assessment. ordinarily, assessments may be made by call, at the direction of the directors, until the entire par value of subscriptions are paid in full. stock cannot be assessed beyond its par value, unless so provided for by the corporate charter, or unless the subscriber so contracts. = . watered stock.= in case property or services are accepted in payment for stock at an inflated valuation, or if stock is issued as fully paid up when it is not, the stock is said to be _watered_. for example, if _a_, a promoter of a corporation, turns over options to the company, actually worth one thousand dollars ($ , . ), and receives stock in payment, the par value of which is five thousand dollars ($ , . ), the stock is said to be watered, and the four thousand dollars ($ , . ) excess valuation is said to represent the amount of water in the stock. = . increasing or decreasing capitalization.= a corporation has no power, by reason of being a corporation, to increase or decrease its capitalization. the states generally provide by statute for the increasing or decreasing of the capitalization. the corporation must comply with these statutes, before its capitalization can be changed. in case the capitalization is increased, the purchasers of such stock are subjected to pay the full face value at the instance of creditors, the same as purchasers of an original issue. that is, if a corporation is unable to pay its debts, one who has purchased direct from the company, shares of stock upon an increased capitalization, at a price below par, may be compelled by creditors to pay the difference between what he has actually paid and the par value. in case of an increase of capitalization, the present stockholders, in the absence of express statutory regulations to the contrary, are entitled to receive the increased shares in proportion to their holdings. this is usually called a _stock dividend_. = . common and preferred stock.= stock of a corporation may be of two kinds, common and preferred. when stock is issued by a corporation without any agreement to pay certain dividends out of the profits, or to repay the original stock investments if the corporation ceases doing business, in preference to other stock, it is called _common_ stock. corporations are sometimes authorized by their charters to issue what is called _preferred_ stock. that is, the corporation pledges to pay a certain percent of its profits, as dividends to the preferred stockholders, before paying anything to common stockholders. if the corporation ceases doing business, preferred stockholders are first paid the amount of their subscriptions, and if any balance remains, it is paid to common stockholders. in the absence of statutory authority, probably an existing corporation has the right to issue preferred stock by the unanimous consent of all the common stockholders. this is commonly done for the purpose of raising additional funds. = . dividends.= _dividends_ is the term applied to the money distributed to shareholders, out of the profits of a corporation. the directors are usually empowered to declare dividends. a stockholder cannot compel the corporation to pay him a percentage of the profits until a dividend has been declared. after a dividend has been declared, it is regarded as a debt of the corporation in favor of the shareholder. when a dividend has been declared at the discretion of the board of directors, the preferred stockholders must first be paid the amount of their preference, and the balance must be distributed equally between the common stockholders. no partiality can be shown stockholders. they must be treated alike. dividends can be declared only out of the profits, except when a corporation ceases doing business, in which event the property of the corporation, after paying liabilities, is distributed as dividends. = . certificates of stock not negotiable instruments.= a certificate of stock is merely evidence that the holder is a member of the corporation. a person may be a member of a corporation, and be entitled to the rights of a stockholder, without having a certificate of stock. certificates are convenient as evidence of membership. transfers of stock are usually made by filling in a blank on the back of the certificate for that purpose, by which the owner declares the transfer to the purchaser, and designates the purchaser, or someone, his attorney to present the certificate to the corporation, to have the transfer registered on the books of the company. it is the usual custom to surrender certificates to the purchaser. a corporation has a right to rely upon its books, and if a person wrongfully or fraudulently attempts to transfer a certificate of stock which he does not own, or has no right to transfer, the purchaser takes no better title than the seller had. in this particular, certificates of stock are not negotiable instruments. negotiable instruments are good for value in the hands of innocent purchasers, who purchase before the instrument is due. as between the parties themselves, a transfer of a certificate of stock is good, but as to the corporation or creditors of the seller, the transfer is not effectual until recorded on the books of the corporation. [illustration: a corner in the sales department of the michigan stove company, detroit, mich.] = . individual liability of stockholders for debts of a corporation.= a corporation is an artificial person having an existence in law, separate and apart from that of its members. its profits cannot be divided until the managing agents of the corporation so decree. its property does not belong to the members, but to the corporation itself. at one time some states provided by statute for double liability of stockholders. in case a corporation was unable to pay its debts, creditors could compel stockholders to pay to the corporation an amount equal to the par value of their stock, after paying the full face or par value of their stock. statutes providing for double liability have quite generally been abrogated. at the present time, except in the case of national banks, corporations organized under united states law, few states provide for double liability of stockholders. if _a_ has subscribed for ten shares of stock, the par value of each share being one hundred dollars ($ . ), and pays one-half the amount of his subscription to the company, in case of insolvency of the corporation, creditors can force _a_ to pay the balance of his stock subscription, or five hundred dollars ($ . ). even though not insolvent, the corporation can collect the balance of five hundred dollars ($ . ) from _a_ by call and assessment, and can enforce collection by suit. _a's_ subscription is a contract between himself, and the corporation. unlike partners, stockholders are not personally responsible for the debts of the corporation of which they are members. in dealing with partnerships, a person may rely upon the personal financial worth of the individual members of the partnership. the property of the individual members may be subjected to pay the debts of the partnership. but in case of a party dealing with a corporation, he cannot rely upon the personal worth or responsibility of the members of the corporation, since the members individually are not liable for the corporation's debts. the corporation is separate and distinct from its members, and when the assets of the corporation are exhausted, the property of the individual members is not liable. = . officers and agents of a corporation.= a corporation is an artificial person which must necessarily conduct its affairs through agents. the managing board of a corporation having a capital stock is usually called the board of directors. the managing board of a corporation having no capital stock is usually called the board of trustees. these managing boards are elected by the members of the corporation. in case the corporation is one organized for profit, the members are called stockholders or shareholders. the directors or managing board, of a corporation may delegate the performance of what are called ministerial duties. they may appoint officers and agents to assist them in the performance of their duties of a certain character. the officers of a corporation elected by the directors usually consist of a _president_, _vice-president_, _secretary_ and _treasurer_. if a corporation's business transactions are limited, practically the only duty of the president is to preside at the meeting of the board of directors. if the affairs of the corporation are many and complicated, the president is usually intrusted with many duties. the board of directors meets at stated times, authorizes and passes on certain important matters, but the duty of carrying them into execution, and of performing the routine work, falls on the president. in a corporation of large affairs, the president may pay current bills, make purchases, give notes, if necessary, make sales and give and take mortgages on property. he is often given authority to act as general manager for the corporation. in this event, he may perform all the duties connected with the general operation of the business. the vice-president has authority to perform the duties of the president during his absence or disability. it is the duty of the secretary to keep the records of the corporation. it is the duty of the treasurer to take care of the funds of the corporation. the officers of a corporation are liable to the corporation for breach of trust. they are personally liable to third persons when they exceed their authority. a corporation, through its properly appointed officers, as well as through its board of directors, may appoint subordinate agents to perform work for the corporation. the corporation is responsible for the acts of its agent, performed within the real or apparent scope of the agent's authority. = . execution of contracts and negotiable instruments by a corporation.= a corporation can act only through its agents. the agents authorized to act for a corporation are the board of directors, the officers appointed by the board, or the officers. a corporation, as one of its powers, has _the right to use_ a common seal. while a corporation _commonly uses_ its seal in signing written instruments of importance, for the purpose of showing authority of its agents to enter into such contracts, a corporation need not use its seal except in those cases when it is necessary that a natural person use a seal. a corporation usually authorizes its officers to make contracts. a president and secretary, acting together, have the right to make contracts for their corporation, by reason of the general authority conferred upon them by the board of directors. the proper signature of a corporation to a written document is the name of the corporation, followed by the signature of the president as its president, and by the signature of the secretary as its secretary. for example, if the india rubber company is to sign a contract, the proper signature is: the india rubber co., by john smith, its president. by john jones, its secretary. when the signature must be acknowledged before an officer authorized to administer oaths, before it will be received for record, as in the case of a deed, the officer authorized to sign the name of the corporation to the deed may make the acknowledgment. negotiable instruments, such as promissory notes, drafts and checks, should be signed with the corporate name by the proper officer, as its officer. it is held, however, that by custom, a cashier of a bank may make and indorse negotiable paper in his own name, merely adding the designation _cashier_ to his signature, and by this means make the paper that of the corporation, and not incur any personal liability therefor. this is an exception to the general rule. where a person signs as agent, he should sign the name of his principal, by himself, as agent. if he signs his own name, followed by the word, _agent_, or _president_, or whatever his office may be, he binds himself personally, and not his principal. = . ultra vires acts.= a corporation by its charter is granted certain privileges. it has a right to act within the terms of its charter, but no right to go beyond the terms of its charter. if it performs acts beyond the terms of its charter these acts are said to be _ultra vires_. this does not mean that all the acts which may be performed by a corporation must expressly be enumerated in its charter. corporations are created for certain purposes. they are permitted to perform all the acts necessary, and incidental to the purpose of their organization. the general laws under which a corporation is created are a part of its charter. a corporation organized to do a general banking business has no authority to sign bonds as surety for persons or corporations. attempts to perform such acts of suretyship are beyond their power, and are _ultra vires_. _ultra vires_ acts are unlawful, and a single stockholder may prevent, by legal action, the officers of a corporation from completing an _ultra vires_ contract. third persons are deemed to have notice of the limitation of the powers of a corporation. they are not permitted to act in such a manner as to benefit by _ultra vires_ acts, and then escape liability on the ground that the obligation is _ultra vires_. if an _ultra vires_ contract is wholly executory on both sides, neither party can enforce it, if the other party complains by reason thereof. but one cannot accept benefits thereunder, and refuse to carry out the contract on his part. he is said to be estopped from so doing. the doctrine laid down by the last statement is disputed in some jurisdictions. = . rights and liabilities of a foreign corporation.= corporations have no rights, as such, outside of the jurisdiction of the power creating them. a corporation organized under the laws of one state may be excluded from performing any of its corporate functions in another state. states may permit foreign corporations to exercise their function within their borders, if they so desire. but states cannot be compelled to recognize the corporate rights of foreign corporations. while the united states constitution provides that citizens of each state shall be entitled to all the privileges and immunities of citizens of the several states, a corporation is not a citizen within the meaning of this provision. the united states government may employ or organize corporations to carry out its purposes. such corporations cannot be denied the right to exercise their functions by any state. for example, the united states constitution gives congress the right to regulate commerce with foreign nations, among the several states, and with the indian tribes. a corporation engaged in interstate commerce cannot be excluded by any state, in the exercise of this function. outside these governmental agencies, each state has the right to exclude a foreign corporation from exercising any of its corporate functions within their jurisdictions. the states generally provide by statute that foreign corporations may transact business within their territory by filing with the secretary of state a statement of their capitalization, the amount actually paid in, the nature of their business, and the names of their officers. then, by paying a certain tax, they are permitted to maintain an office and transact business within the state thus granting them the privilege. the statutes of the various states regulating foreign corporations commonly use the term, "doing business." they prohibit foreign corporations from doing business within their borders unless they comply with their statutes. the term, "doing business," has been held to mean the maintaining an office or place of business, or manufacturing plant within a state, and does not prohibit a foreign corporation from selling goods by traveling salesmen, or from making or suing on contracts. = . liability of a corporation for its torts and crimes.= a corporation, as well as an individual, may commit torts and crimes. if an agent, acting within the scope of his employment, defrauds another, the corporation is liable in damages for his act. if, however, an officer or agent goes outside his employment, and commits a wrong, it is his own act, and he, personally, and not the corporation, is liable. a corporation, as well as an individual, may commit a crime for which it may be punished. it must, of course, commit the crime through its officers and agents. if a corporation is guilty of criminal negligence in failing to keep its works in repair, and persons are injured thereby, it is subject to indictment and punishment. if a corporation obstructs navigation or breaks the sabbath, it is subject to criminal action. the usual punishment for the crime of a corporation is the payment of a fine, but the officers of a corporation may be imprisoned as well. = . dissolution of corporations.= a corporation continues to exist indefinitely, unless the period of its existence is limited by its charter, unless its charter is revoked by the power that granted it, or unless it voluntarily or by a decree of court ceases business. a corporation may forfeit its right to continue as a corporation, if it abuses its privileges, if it assumes to have powers and rights which it does not have, or if it fails to exercise its corporate functions. the latter is called _nonruser_. most states provide by statute that corporations shall not commence business until a certain portion of its capital has been raised. if the corporation violates this provision or any provision of the statutes regulating the completion of its organization, its franchise may be revoked by the state. most states provide by statute, a means by which a corporation may wind up its affairs. after paying its liabilities the balance of its assets may be divided ratably among its stockholders. negotiable instruments = . in general.= by negotiable instruments are meant those written instruments intended to circulate as money, which by their form and nature are transferred by delivery or by indorsement and delivery. the most common negotiable instruments are promissory notes, drafts and checks. negotiable instruments are much more commonly and extensively used than money in the transaction of business. their function is to take the place of money. their use arose out of the scarcity of currency and facilitates the transaction of business. their form and nature make them more desirable and practical in many respects than money itself. negotiable instruments may readily be traced. they may be drawn in any denomination to meet any emergency. they may be indorsed in such a manner that only the person intended by the maker to receive payment can receive payment thereon. money, on the other hand, has no particular identity. after payment it cannot be traced, nor can mistakes in amount be corrected. if lost, payment thereon cannot be stopped. if found or stolen, its possessor may receive the benefit of it without question. negotiable instruments were devised to meet a broad and pressing demand. usage and custom have given them characteristics to meet this demand. = . negotiability.= negotiability is the power of a written instrument to circulate as money. to be negotiable, an instrument must contain language of negotiability. the common phrases of negotiability are _pay to the order of_, or _pay to bearer_. any draft, promissory note, check, or bill of exchange containing the words, _pay to the order of_, or _pay to bearer_ are known as negotiable instruments. if a negotiable instrument is made payable to bearer, it is transferable by delivery. the holder of it may pass it like money and the taker is entitled to receive payment of it when it is due. a negotiable instrument payable to the order of a designated person is payable upon the indorsement and delivery of the person to whose order it is made payable. for example, if a check is made payable to the order of john smith, and john smith desires to transfer it to john jones, he writes his name, john smith, on the back of the check, and delivers the check to john jones. by this act, john jones becomes the owner of the check, and may in turn transfer it, or cash it by presenting it to the bank on which it is drawn. if a check is made payable to john smith or bearer, and if john smith desires to transfer it to john jones, he merely hands john jones the check. no indorsement is necessary. = . negotiability distinguished from assignability.= an ordinary contract or obligation not requiring personal services or discretion may be transferred by oral or written contract of assignment. for example, if _b_ purchases a barrel of flour from _a_, his grocer, to be paid for in thirty days, _a_ may assign his claim against _b_ to _c_. this may be accomplished by a verbal agreement to that effect between _a_ and _c_, or _a_ may give _c_ a written statement to the effect that he has transferred his claim against _b_ to _c_. when _b_ is notified of this assignment, he is obliged to pay _c_ the money. if for any reason the flour was not accepted by _b_, or if _b_ has a claim against _a_, _c_ can recover from _b_ only the amount _b_ owes _a_. if _b_ owes _a_ nothing, on account of the flour being of poor quality, and not accepted for that reason, or if _b_ has a claim for an equal amount against _a_, _b_ can set up this defense against _c's_ claim, and _c_ can recover from _b_ only the amount that _a_ could have recovered against _b_. in other words, in case of an assignment, all defenses that were good against the assignor are good against the assignee. in case of negotiable instruments, however, the transferee who takes the instrument before maturity for value, and without notice of any defenses, has the right to recover the full face value from the maker, regardless of defenses the maker may have against the original payee. in case of assignment, notice must be given the debtor to make the title good in the purchaser. in case of negotiability, no notice to the debtor is necessary. a negotiable instrument may be assigned. a common example is the delivery for value, of an instrument payable to order without indorsement. the purchaser takes only the rights of a seller. = . law merchant.= the law relating to negotiable instruments is said to be based upon the _law merchant_. by the law merchant, is meant the rules and customs of merchants relating to bills and notes. at an early time, various rules were recognized by the merchants trading between different countries. drafts or bills of exchange were given and passed current as money, without notice to the debtor of the transfer. as early as the year , these customs of merchants were recognized in england. at first, they were recognized only in connection with foreign bills of exchange. by foreign bills of exchange are meant bills made or drawn by persons of one country to be paid or accepted by persons of another state or country. originally, the rules were recognized by merchants only. the courts of england recognized and enforced these rules in actions brought on foreign bills of exchange. gradually, these rules were recognized and enforced by all the merchants of england. they were applied to inland bills as well as to foreign. some statutes were passed, notably one making the rules of the law merchant apply to promissory notes. this statute compelled the general recognition of the law merchant. gradually these rules were applied to all negotiable instruments by whomever used. the customs which started between merchants of foreign countries were held applicable to all persons, and became the recognized law relating to negotiable instruments. this country adopted these rules, together with the greater part of the common law of england. at the present time, most of the states have negotiable instrument codes. these codes, for the most part, are statutory enactments of the well recognized rules of common law. the advantage of the codes, however, is to settle disputed points by express statutory enactment. the code must be interpreted by the well settled and recognized principles of the common law. the difference between the contract formed by negotiable instruments and ordinary contracts is based upon the law merchant. these customs are as well recognized, and are as much a part of the law as they were when originally used by the merchants of the old world six or seven hundred years ago. = . promissory notes.= one of the most common forms of negotiable instruments is that of the promissory note. a common form of promissory note is shown in fig. . a promissory note is not necessarily a negotiable instrument. it depends upon whether it contains words of negotiability. if the note contains the words, _or order_, or, _or bearer_, or words of similar import, it is a negotiable instrument otherwise it is not. to constitute an instrument a promissory note, it must contain certain elements. it must be signed by the party making or giving it, but it is not necessary that the signature be in any particular place. any mark or designation intended as a signature, or by which the maker can be identified, regardless of its position on the paper, is a sufficient signature. the proper and usual method of signing negotiable instruments is at the end thereof. [illustration: fig. . promissory note.] a promissory note must contain an unconditional promise to pay a definite sum of money, at a certain time. if the promise to pay is conditional, the instrument does not constitute a negotiable instrument. the following instrument was sued upon: stratham, march, , . due to order of sophia gordon, widow, ten thousand dollars to be paid as wanted for her support. if no part is wanted it is not to be paid. stephen scanmore. since this was not an unconditional promise to pay, the court held it not to be a promissory note. the time of payment of a promissory note must be certain, the amount to be paid must be specified, and the instrument must be payable in money. if the instrument is to be paid in anything other than money, it is not a negotiable instrument. an instrument must be delivered, before it has a legal existence as a promissory note. the essentials of a promissory note are also essentials of any negotiable instrument. a promissory note need not be dated, nor need it state that it is given for a consideration. by its nature it imports a consideration. the party signing the note is called the _maker_, the party to whom it is made payable is called the _payee_. if the payee transfers it by indorsement, he is called the _indorser_, and the person to whom he transfers it is called the _indorsee_. [illustration: fig. . sight draft.] = . drafts and bills of exchange.= the term, draft, is commonly used to designate an order from one bank or banks on another, as well as orders on third persons. orders drawn by one person on another, payable to a third person, are known technically as bills of exchange. at present, the terms, _draft_, and _bills of exchange_ are generally used interchangeably. a draft or a bill of exchange is a written order drawn by one person on another, payable to a third person, to the order of a third person, to the drawer himself or his order, or to bearer. [illustration: fig. . sixty-day draft, accepted.] a common form of draft is shown in fig. . bills of exchange or drafts are frequently made payable at a time considerably in the future. fig. is a form of sixty-day draft. this draft is presented to the drawee, j. h. gotrochs, and if he accepts, he writes, _accepted_, followed by his name, across the draft. his name written on a draft is sufficient acceptance. the party drawing a bill of exchange is called the _drawer_, the party to whom it is made payable is called, the _drawee_ before acceptance, and the _acceptor_ after acceptance. the drawee may accept by signing the instrument, by stating his acceptance on a separate piece of paper, by oral acceptance, or even by conduct making apparent his intention to accept. after acceptance of a draft or bill of exchange, the acceptor is liable to pay the bill according to its terms. he is in the position of a maker of a promissory note. [illustration: fig. . certified check.] = . checks.= a check is an order drawn on a bank or banker. it differs in some respects from an ordinary bill of exchange. it does not have to be presented for acceptance. it is presented for payment. it presupposes funds of the drawer in the hands of the bank or banker on which it is drawn. it is payable at any time after the date fixed for maturity. it need not be presented at maturity. the maker may recover damages for failure to present promptly if he is damaged thereby. for example, if _a_ gives _b_ his check on the _x_ bank, and between the date for payment of the check and the time of presentment for payment by _b_, the bank fails, _a_ may recover as damages from _b_, the amount of his loss by reason of _b's_ failure to present the check promptly. no days of grace are allowed in the payment of checks. in this particular, they differ from ordinary bills of exchange. = . certification of checks.= by certification of a check is meant a written acknowledgment on checks by an officer or authorized agent of the bank that the check will be paid when presented. in fig. is shown a common form of certification. the words _accepted_ or _certified_, written on a check by an authorized officer or agent of a bank constitute a certification. if the _holder_ of a check has it certified he elects to hold the bank, and thereby releases the maker and prior indorsers. if the _maker_ procures the certification he is still liable thereon. when a check is certified, the bank charges it to the account of the maker, and it then becomes a debt of the bank, regardless of whether or not the maker has funds in the bank with which to meet it. this is the reason that a maker and prior indorsers of a check are released from liability thereon when a holder has it certified. by this act, the holder elects to rely upon the bank, rather than upon maker or indorsers. = . bonds.= bonds may be defined to be the promissory notes of corporations, private or governmental. they are made under the seal of the corporation issuing them. at common law, a seal destroyed the negotiability of an instrument. at the present time this is not true of bonds. private corporations often secure their bonds by a mortgage on their entire property. this is accomplished by means of a mortgage called a _trust deed_. the mortgage is given to a trust company, or an individual, to be held for the common benefit of all the bond holders. it is not practicable to give each bond holder a mortgage. this would be inconvenient, and some bond holders could obtain preference over others. but one trust deed, covering all the assets held by a trustee for the benefit of all the bond holders, accomplishes the purpose. registered bonds are registered on the books of the corporation issuing them, and in case of transfer the transfer is noted on the books of the company. other bonds contain coupons, or small promissory notes for certain amounts representing the installments of interest payable at certain times. these coupons may be cut from the bond and sold as promissory notes, or they may be cut at maturity and returned for payment. +---------------------------------------------------------------------+ | | | no. . $ . | | | | united states of america, | | state of ohio. | | | | village of x, ohio, improvement bonds. | | | | know all men by these presents that the village of x, in the | | county of cuyahoga and state of ohio, acknowledges itself to owe, | | and for value received hereby promises to pay to bearer, the sum | | of $ . in lawful money of the united states of america, on | | the second day of january, , together with interest thereon | | at the rate of % per annum payable semi-annually on the second | | day of july, and second day of january of each year, as evidenced | | by the coupons hereto attached, until the principal sum is paid. | | both principal and interest are payable at the city trust co., | | cleveland, ohio, on the presentation and surrender of this bond, | | and the coupons hereto attached as they respectively mature. | | | | this bond is issued for the purpose of improving a street of the | | village of x, from the c. b. railway to rocky river by constructing | | and laying water mains with all necessary connections thereon, | | under and by authority of sections - , and sec. of | | the revised statutes of ohio, and under and in accordance with | | resolutions of the council of the village of x, ohio, adopted nov. | | , , and dec. , . | | | | it is hereby certified that all proceedings relating to this | | bond have been in strict compliance with said laws, statutes and | | resolutions, and all other statutes and laws relating thereto, and | | that the faith, credit, and revenues, and all real and personal | | property in the village of x, ohio are hereby pledged for the | | payment of principal and interest hereof at maturity. | | | | this bond is one of a series of bonds of like date and effect, but | | of different amounts and maturities amounting in the aggregate to | | $ . . | | | | in witness whereof, the village of x has caused this bond to be | | signed by the mayor and clerk of said village, and the corporate | | seal of said village to be hereunto affixed, and the facsimile | | signature of the mayor and clerk of said village to be affixed to | | the attached coupon this second day of january, . | | | | d. b. x._______________________ | | mayor. | | | | [seal.] | | | | x. y. z._______________________ | | clerk. | | | +---------------------------------------------------------------------+ form of municipal coupon bond. +------------------------------------------------------------------+ | | | on the second day of july, on the second day of january, | | ,the village of x promises , the village of x promises | | to paythe bearer at the city to pay the bearer at the city | | trust co.,cleveland, ohio, trust co., cleveland, ohio, | | twenty-fivedollars, being twenty-five dollars, being | | months' intereston its bond. months' interest on its bond. | | | | no. dated jan. , . no. dated jan. , . | | d. b. x.___________________ d. b. x.___________________ | | mayor. mayor. | | | | x. y. z.___________________ x. y. z.___________________ | | clerk. clerk. | | | | on the second day of july, on the second day of january, | | ,the village of x promises , the village of x promises | | to paythe bearer at the city to pay the bearer at the city | | trust co.,cleveland, ohio, trust co., cleveland, ohio, | | twenty-fivedollars, being twenty-five dollars, being | | months' intereston its bond. months' interest on its bond. | | | | no. dated jan. , . no. dated jan. , . | | d. b. x.___________________ d. b. x.___________________ | | mayor. mayor. | | | | x. y. z.___________________ x. y. z.___________________ | | clerk. clerk. | | | +------------------------------------------------------------------+ interest coupons attached to municipal bond. similar coupons follow for payment at intervals of months until maturity of bond in . = . collateral and judgment notes.= banks frequently require borrowers to sign collateral notes. these instruments are promissory notes, with an added agreement to the effect that certain collateral security is given the payee by the maker as security for the note. such security is usually certificates of stock, bonds, other promissory notes, or chattel property. the collateral note contains a stipulation that upon default, the payee may sell the collateral. the following is a common form of collateral note used by banks: $ , . cleveland, ohio, dec. , . six months after date, i promise to pay to the order of the fictitious bank at its banking rooms in cleveland, ohio, the sum of five thousand dollars for value received, with interest at the rate of % per annum. i have deposited with said bank as collateral security for the payment of this note the following property; shares of stock of the columbia sewing machine co., par value $ . each, diamond rings, warehouse receipt of the city storage co., covering household furniture valued at $ , . . the value of this property is now $ , . . it is agreed that the payee, or his assigns, may have the right to call for additional security at any time it considers this collateral security insufficient, and on failure of the maker of this note to furnish additional security to satisfy the holder of this note, the note may be deemed payable at once at the holder's option. the holder shall also have power to accept substitutes for this collateral. should the maker violate any of the conditions of this note, or fail to pay it when due, the holder shall have the power to sell the collateral or any substitute given therefore, at private or public sale, at any time without notice to anyone, and after deducting all legal expenses connected with the sale, and after paying the note, shall return the balance to the maker. (signed) john smith. a judgment note contains a provision that upon default of payment, any attorney at law may appear in court and take judgment thereon by presenting the note, without observing the formalities of an ordinary suit at law. this kind of a note is also called a _cognovit_ note. the following is a common form of judgment note: $ . boston, dec. , . one year after date, i promise to pay to the order of john jones the sum of one hundred dollars with interest at %, and i hereby authorize any attorney at law in the united states to appear before any justice of the peace, or in any court of record, after this note is due, and waive the service of summons, and confess judgment against me in favor of the holder of this note for the amount which shall then be due and unpaid thereon, together with interest and costs. (signed) thos. thomas. = . certificates of deposit.= it is customary for banks to issue customer's receipts showing that a deposit of a certain amount has been made by the customer, which will be held for payment of the receipt upon presentation. these receipts ordinarily are made payable to the customer's order, and circulate like money. they are, in effect, the promissory notes of the bank issuing them. they differ from promissory notes in that banks require a special deposit of its customers before issuing them. banks issuing such receipts are supposed to hold these deposits as a special fund with which to pay the certificate when presented. the following is a common form of certificate of deposit: --the peoples bank of chicago-- we hereby certify that john jones has deposited $ , . in this bank, for which this certificate is issued, and which will be paid to the order of john jones in current funds of this bank when presented. the peoples bank of chicago, june , . by a. z. marshall, cashier. the payee of this certificate of deposit may indorse and transfer it. the holder may collect the amount by presenting the certificate to the bank. = . requisites of negotiable instruments.= certain elements are recognized, by long usage, as being necessary to constitute an instrument a valid negotiable instrument. the instrument must contain words of negotiability, such as _or bearer_, _or order_, or words of similar meaning. the instrument must contain a specific promise to pay a certain sum of money at a definite time. the instrument must designate an ascertainable person to whom, or to whose order the money is payable. the instrument must be signed and delivered. it is not necessary that a consideration be stated in the instrument, although in a suit between the original parties, failure of consideration is a defense. for example, if _a_ gives _b_ his promissory note for one hundred dollars ($ . ) payable to _b's_ order, and _a_ received no benefit for giving the note, if _b_ sues _a_ thereon, _a_ may plead that he received no consideration for the note. this would be a complete defense to _a_. if, however, _c_ purchased the note from _b_ before it was due, paying value for same, and having no notice of its being given without consideration, _a_ could be compelled to pay it to _c_ or his successors. it is not necessary that a negotiable instrument be dated. it is proper, however, and good business policy to date all negotiable instruments. the signature need not be at the bottom of the instrument. this, however, is the proper place for the signature. _i. o. u._ $ . (_signed_) _john jones_, is not a promissory note. it is not a promise to pay at a definite time or to a definite person. it is a mere acknowledgment of indebtedness. = . parties to negotiable instruments.= by usage and custom, parties to negotiable instruments are given certain well recognized names. the name of the party to whom a promissory note is made payable is always called the _payee_. when the payee transfers a negotiable instrument by indorsement, he is called the _indorser_, and the party to whom he indorses the note is called the _indorsee_. indorsers and indorsees are designated as _first_, _second_, _third_, etc., indorsers or indorsees according to their position on the instrument. the maker of a draft is called the _drawer_. the one to whom it is given is called the _payee_. the one on whom it is drawn is called the _drawee_. after acceptance, the drawee is called the _acceptor_. the rights and liabilities of these parties are discussed under separate sections. = . rights and liabilities of a drawee.= the term, _draft_, is sometimes used to designate orders made by one bank on another. for example, _a_ in cleveland, purchased of his cleveland bank a new york draft, or an order by the cleveland bank on a new york bank, payable to the order of _a_. technically, orders on persons are _bills of exchange_, but the term draft, has come to be applied both to orders of one bank on another and to orders of one person on another. in this work the term, _draft_ is applied to both kinds of orders. a drawer is a person who makes a draft on another. it is usually payable to the order of a third person. it may be made payable to the bearer or to the order of the drawer, himself. a drawer enters into a conditional contract. by becoming a drawer, he agrees to pay the bill of exchange or draft, if the payee presents it without delay, and in case of non-payment, or non-acceptance, if notice is promptly given him of this fact. in case the draft is a foreign one, that is, made payable or to be accepted, in a different state or country from which it is drawn, it must be protested by the payee to enable him to hold the drawer. a draft is protested by being presented by a notary public, who, by formal written instrument, declares the refusal of the drawee to accept. protest is discussed more at length under a separate section. in case these conditions are complied with, and the drawee does not accept the bill or pay the bill after acceptance, the payee may hold the drawer. after the formalities above enumerated are observed by the payee or holders of a draft, if the draft is dishonored, that is, not accepted, or paid by the drawee, the payee may sue the drawer, whose liability is similar to that of the maker of a promissory note. = . rights and liabilities of acceptor.= the person to whom a draft is directed is called the drawee or acceptor. when a draft is presented to the drawee, he may accept it by writing _accepted_ thereon, or he may accept by writing his consent in a separate instrument, such as a letter, or by sending a telegram, or he may accept orally or by his conduct. after a drawee has accepted a draft, he is bound by its terms. he must pay the amount mentioned in the draft. after acceptance, his liability is similar to that of the maker of a promissory note. sometimes an acceptor does not accept in the exact terms of the draft. he may change the time or place of payment, or attach conditions to the bill or draft. this amounts to a refusal on his part to accept the bill, which will entitle the payee to refuse the qualified acceptance and by giving proper notice to the drawer hold the drawer by reason of non-acceptance by the drawee. if, however, the payee chooses to accept the qualified acceptance of the drawee, he may do so, but by this act he releases the drawer and all prior indorsers from liability thereon. = . rights and liabilities of maker.= _maker_ is the term applied to the person who originally makes and signs a promissory note. by this act, he agrees to pay at maturity, to the original payee, or to whomever the note has been indorsed or properly transferred, the amount named in the note. the maker of a note is liable absolutely and unconditionally. while it is customary for the holder of a note to present it to the maker at maturity for payment, this is not necessary unless a place of payment is stipulated in the note. the holder may commence suit against the maker at maturity without presenting the note for payment. if the note contains indorsements, the note must be presented to the maker, and if payment is refused, to enable the holder to hold the indorsers liable, notice of the fact must be given the indorsers. if the note is payable at a particular place, as for example, a bank, the holder must present the note at the bank at maturity, or not be able to collect interest thereafter, if the maker proves that he had funds there sufficient to pay the note at maturity. if the maker has been damaged other than by loss of interest, by failure to present a note at a bank when made payable, he may collect damages therefor from the holder. = . blank indorsement.= a negotiable instrument, if payable to bearer, may be transferred by delivery. if payable to the order of the payee, it may be transferred by indorsement and delivery. by indorsement is meant the writing the name of the payee upon the back of the negotiable instrument. indorsement may be made in various forms, depending upon the purpose for which made, and the kind of liability the indorser is willing to undertake, or the kind or degree of liability which he wishes to avoid. the most common kind of indorsement consists of the payee's writing his name only on the back of the instrument. a negotiable instrument with blank indorsement is shown in fig. . [illustration: fig. . promissory note with blank indorsement.] if x. x. crumby desires to transfer the note to anyone, he signs his name on the back thereof, as indicated in the illustration. this is called a blank indorsement, and makes the note payable to bearer. the note now passes as currency without further indorsement. subsequent holders may indorse the note if they so desire, or are so required. if the back of a negotiable instrument becomes filled with indorsements, a paper may be attached to carry further indorsements. such a paper is called an _allonge_. = . indorsement in full.= a holder of a negotiable instrument, not desiring to make it payable to bearer, may indorse it by making it payable to some particular person or to the order of some particular person, followed by his signature. this does not destroy the negotiability of the instrument, but prevents anyone but the person to whom it is indorsed, or such person's indorsees, from securing payment of the instrument. this is not true if the instrument is payable to bearer, or if it has been indorsed in blank. such instruments are payable to bearer, and circulate as money without requiring further indorsement. if subsequently indorsed in full, only those subsequent holders can hold the indorser in full, who can trace their title through him. [illustration: fig. . one form of indorsement in full.] [illustration: fig. . another form of indorsement in full.] fig. is an indorsement in full of x. x. crumby. by this indorsement, only john jones, the person to whom he indorses, may obtain payment of the note. if john jones indorses the note in blank, that is, signs his name to it, the note becomes payable to bearer, and passes like money, without further indorsements. [illustration: fig. . indorsement without recourse.] by the indorsement, fig. which is also an indorsement in full, x. x. crumby becomes liable as indorser to john jones only, and not to anyone to whom john jones may indorse the paper. x. x. crumby's indorsement does not contain the words "or order." the face of the note, however, contains the words "or order," which makes the note negotiable. x. x. crumby's indorsement to john jones, although not containing words of negotiability, does not destroy the negotiability of the note. john jones may indorse the note in blank, or in full. the only effect of x. x. crumby's omitting words of negotiability from his indorsement is to limit his primary liability as an indorser to john jones. = . indorsement without recourse.= frequently, the holder of a negotiable instrument is unwilling to assume any primary liability by transferring a negotiable instrument which he possesses. he may desire to transfer the right he has in the instrument, without becoming liable thereon. he may do this by indorsing it without recourse. [illustration: fig. . indorsement for collection and for deposit.] by either of the indorsements, (fig. ) the one in blank, or the one in full, jos. rundy, transfers his interest in the note to john jones, and does not become liable thereon as an indorser. it is not quite accurate to say that an indorser without recourse has _no liability_ as an indorser. he _impliedly warrants_ the signatures preceding his own to be _genuine_, and that the parties making them had legal capacity to sign. the implied liabilities of an indorser are discussed under a separate section. [illustration: fig. . promissory note with anomalous indorser.] = . indorsement for collection or deposit.= a holder of a negotiable instrument may transfer it for the purpose of collection, thereby making the transferee his agent, for the purpose of carrying out his will, and thereby destroying the negotiability of the instrument. this prevents another from taking the note free from the claim of the original indorser. either of the indorsements in fig. destroys the further negotiability of the note. the indorsers are authorized to collect the note for arthur hinde. they are not authorized to transfer the note, except for the purpose of collecting it for arthur hinde. = . anomalous indorser.= sometimes, a party writes his name upon the back of a negotiable instrument outside the chain of title. that is, he writes his name thereon, before the payee indorses it. this is for the purpose of adding security to the note. in this case, fig. , john arthur signs the note outside the chain of title. he places his name thereon for the purpose of adding security thereto. he is liable on his indorsement to the _payee_, a. aldrich, and to the _indorsees_ of a. aldrich. in some jurisdictions he is liable as a guarantor, in some as a surety, but in most as an ordinary indorser. the liability of a surety and guarantor is discussed in the section on suretyship. = . liability of an indorser.= by placing his name on the back of a negotiable instrument for the purpose of passing title, a person becomes liable on an implied contract. if his indorsement is in blank, or payable to the order of the indorsee, he is liable to any innocent purchaser for the value, without notice. if made payable to a particular person, he is liable only to that person. the implied liability of an indorser has been said to be as follows: "i hereby agree by the acceptance by you of title to this paper, and the value you confer upon me in exchange, to pay you, or any of your successors in title, the amount of this instrument, providing you, or any of your successors in title, present this note to the maker on the date of maturity, and notify me without delay of his refusal to pay. and i warrant that all the parties had proper capacity and authority to sign, and that the obligation is binding upon each of them. and i will respond to the obligations created by these warranties, even though you do not demand payment of the maker at maturity or notify me of default." = . forgery and alteration of negotiable instruments.= an act by which a negotiable instrument is materially and fraudulently changed and passed or attempted to be passed, is a forgery. the act may consist of fraudulently writing another's name on a negotiable instrument, or changing a name already on a negotiable instrument, or changing the figures, date, rate of interest, or in fact any act of counterfeiting or materially altering a negotiable instrument. forgery makes the instrument void. the forger, or those who purchase from him, obtain no rights against the party wronged. as to the party whose name or whose instrument is forged, the instrument is void. for example, _a_ has _b's_ valid note for one hundred dollars ($ . ) and changes the note by erasing one hundred dollars ($ . ) and substituting five hundred dollars ($ . ) and sells the note to _c_. _c_ can recover nothing from _b_. _a_, by indorsing the note to _c_, warrants the genuineness of the note and is liable on his indorsement to _c_. neither _a_ nor _c_ can recover even one hundred dollars ($ . ) from _b_. the instrument has been rendered void by the forgery, and courts will recognize no liability of _b_ thereon. a negotiable instrument altered in any material respect is void. if _fraudulently_ made, it is regarded as a forgery. if _innocently_ made, the instrument is still void, but the wronged person is liable for the original consideration. if _a_ gives _b_ his promissory note for one hundred dollars ($ . ) with interest at %, and _b_ carelessly, but not fraudulently, writes % thereon instead of %, _b_ cannot recover on the note at all. but he can recover from _a_ one hundred dollars ($ . ) with interest at % on the debt for which the note was given. any alteration of a negotiable instrument which changes the liability of the parties thereto, amounts to a material alteration. changes in the rate of interest, the name of an indorser, the date, the place, time or manner of payment is a material alteration and renders the instrument void. if the alteration is made by a stranger, a person not a party to the instrument, it does not constitute a material alteration. the instrument may be restored to its proper form and recovery be had thereon. = . fraud and duress.= fraud has been defined to be "a false representation of a material fact, made with knowledge of its falsity or in reckless disregard whether it be true or false, with the intention that it should be relied upon by the complaining party, and actually inducing him to rely and act upon it." fraud is a defense to a party to a negotiable instrument as against the person inducing it, but not as against subsequent innocent purchasers. _a_ offers to sell _b_ a diamond ring for five hundred dollars ($ . ) assuring him that the diamond is genuine. relying upon this false statement of _a_, _b_ takes the ring and gives _a_ his promissory note for five hundred dollars ($ . ) payable to _a's_ order. the ring proves to be paste. _a_ cannot recover on the note from _b_. if, however, before it is due, _a_ sells the note to _c_, who pays value for it without notice of the fraud, _c_ can force _b_ to pay the note. duress is actual or threatened violence sufficient under the circumstances to compel a person to act against his wishes. in connection with negotiable instruments, duress is treated as the same kind of a defense as fraud. it is a complete defense as against the guilty party, but is not available as against an innocent purchaser. = . lost or stolen negotiable instruments.= the primary function of negotiable instruments is to circulate like money. if a negotiable instrument is indorsed in blank, or made payable to bearer, it may circulate without further indorsement. if such a negotiable instrument is lost or stolen, and purchased before maturity by an innocent party, the maker is liable thereon. for example, if _a_ makes a promissory note payable to bearer, and it is stolen by _b_ from _a's_ possession, and sold for value to _c_, an innocent party, _c_ may collect the note from _a_. if _a_ makes a promissory note payable to the order of _b_, and _b_ indorses it in blank, that is, writes his name only, on the back thereof, and it is stolen from _b's_ possession by _c_ and sold by _c_ to _d_, who purchases it innocently and for value, _d_ may collect the note from _a_. this is the principal distinction between negotiable instruments and ordinary contracts. if the thief changes the instrument in any material way, or is obliged to forge someone's name to pass it, this constitutes a forgery and no recovery can be had thereon. = . real and personal defenses to negotiable instruments.= defenses to negotiable instruments are usually classified as _real_ and _personal_. if they are good only against a particular person, they are said to be personal. if they are good as against everyone, they are said to be real. if the instrument is forged, given by an infant, a person under legal age, is illegal--for example given for a gambling contract made illegal by statute--or has been materially altered, it is void, regardless of who holds it. these defenses are called real defenses. if the instrument is lost or stolen, and purchased by an innocent party, if given by reason of duress or fraud, or if there is no consideration, the defense is good only as against the guilty party. these defenses are called personal defenses. = . consideration.= a consideration is usually defined to be something beneficial to the party making a promise, or something detrimental to the party to whom a promise is made. every ordinary contract must be supported by a consideration. negotiable instruments differ from ordinary contracts in that they are made to circulate like money. in order that they may circulate like money the maker is not permitted in some instances, to assert that the instrument lacks consideration. as between the immediate parties to a negotiable instrument, there must be a consideration. the maker may successfully defend against an action based thereon for this reason. if, however, the instrument has passed before due, to an innocent purchaser for value, the maker cannot refuse payment on the ground of no consideration. in case of a negotiable instrument, consideration is presumed. consideration need not be stated in the instrument. it amounts to a defense, only as between immediate parties. if _a_ gives _b_ his promissory note payable to _b's_ order, with the understanding that _b_ is not to use the note, but is to show it to _c_, his grocer, for the purpose of obtaining credit, and _b_ endeavors to collect the note from _a_, _a_ may successfully defend on the ground of no consideration. if, however, _b_ sells the note to _d_ before it is due, and for value, _d_, not knowing there is no consideration, can collect the note from _a_. = . presentment and acceptance of drafts.= drafts payable at sight, or after sight, must be presented to the drawee for acceptance. this is for the reason that the time of payment of such drafts is uncertain. if a draft of which presentment is necessary, is not presented for acceptance, the drawer and indorsers are discharged. presentment for acceptance must be made to the acceptor within a reasonable time after receipt by the payee or indorsee. what consitutes reasonable time for presentment depends upon the circumstances connected with each particular case. presentment for acceptance is made by exhibiting the bill for acceptance to the person upon whom is it drawn. presentment for acceptance may be made by the payee, or his indorsee, and may be made to the drawee, his authorized agent or legal representative. presentment may be made either at the person's place of business, or at his residence. if made at his place of business, it must be made during business hours. it cannot lawfully be made after noon on saturdays, nor can it be made on sundays or legal holidays. acceptance may be indicated by writing _accepted_ or words to that effect on the bill, by a separate writing to that effect, or by oral agreement of the drawee. if the bill contains a stipulation not requiring acceptance, this is called _waiver of acceptance_, and the bill need not be presented for acceptance. if acceptance is refused, or not made for any reason, anyone may accept the bill. this is called acceptance for honor, or acceptance _supra protest_. the liability of an acceptor for honor is that if the bill is presented to the drawee at maturity for payment and refused, and notice thereof given the acceptor for honor, the latter will pay it. a bill or draft payable at a definite time or date need not be presented for acceptance. for example, if a bill is drawn payable december , , it need not be presented for acceptance. the time of payment is certain, and if presented for payment on december , and dishonored, notice of non-payment to the drawer and prior indorsers is sufficient to enable the payee to hold them liable. if, however, the bill is payable at sight, or three days after sight, or any time after sight, it must be presented for acceptance to fix the date of maturity, if a bill is not paid by the acceptor after acceptance, notice must be given the drawer and prior indorsers by the holder, to enable him to hold the drawer and prior indorsers liable. this is sufficient in case of an inland bill. in case of a foreign bill, one drawn on a person, or made payable to a person in another state or country from the drawee, formal protest must be made in case of non-payment or non-acceptance. protest is a formal act of a notary public. this is explained under a separate section. = . time of payment and days of grace.= a negotiable instrument is payable at the time mentioned in the instrument. if a negotiable instrument is payable a stipulated time after date, and the instrument bears no date, its date is the time it was delivered. the term month, is held to mean calendar month, and not a certain number of days. if a note is dated february th, and is payable thirty days after date, it matures march th. when a negotiable instrument is payable a specified number of days after date, the time is counted by excluding the day on which the instrument is given, and including the final day stipulated. negotiable instruments may be made payable on demand of the payee or holder. such paper is payable at the option of the holder. it is sometimes called paper payable _on call_. negotiable instruments may be made payable on or before a certain day. these instruments are valid negotiable instruments. they really mature at the day fixed in the instrument, but may be paid at any time after delivery at the option of the payee or holder. according to the law merchant, three days were allowed the party liable on a bill or note to make payment, in addition to the time fixed for payment. these were called _days of grace_. in the majority of the states, days of grace have been abolished by statute. when not abolished by statute, days of grace are still allowed. = . innocent purchaser for value without notice.= the feature that distinguishes negotiable instruments from ordinary contracts is that negotiable instruments may be transferred in such a manner that the transferee receives the instrument free from certain defenses which are good against the transferror. for example, one who purchases another's rights under an ordinary contract takes the exact position of the transferror. any defenses good against the seller are good against the purchaser. however, a purchaser for value before maturity of negotiable instrument, who has no notice of any defenses to the instrument, takes it free from all but real defenses. real defenses are _infancy of the maker_, _forgery_, _material alteration_, and _illegality_. but such a defense as fraud, want of consideration, duress, or any except a real defense is not available against an innocent purchaser for value without notice. an innocent purchaser for value without notice, of a negotiable instrument, is also called a _bonâ fide_ holder, or a holder in due course. a person who purchases a negotiable instrument showing defects or defenses on its face, cannot claim to be a _bonâ fide_ holder. a person who purchases negotiable instruments after maturity, takes them subject to all defenses good against the seller. such a purchaser is not a _bonâ fide_ holder. = . presentment for payment of negotiable instruments.= so far as the maker or acceptor of negotiable instruments is concerned, in the absence of a place for payment stipulated in the instrument, a negotiable instrument does not have to be presented for payment. as a matter of practice, however, negotiable instruments are presented to the maker and acceptor at their places of business or at their residences for payment at maturity. in order to hold indorsers, however, a negotiable instrument must be presented to the maker or acceptor at maturity, and, in case of failure to pay, notice must be given indorsers, else they are relieved from liability. when a place for payment is specified in a negotiable instrument, presentment at that place is sufficient. when no place of payment is designated in the instrument, presentment to the maker or acceptor personally, wherever he may be found, or at his residence or place of business is sufficient. = . notice of dishonor and protest.= when a negotiable instrument has been presented to a maker or acceptor for payment, and payment has been refused, the holder should notify the drawer, if the instrument is a bill of exchange or draft, and the indorsers, no matter what the form of the negotiable instrument, of the fact of dishonor. if such notice is not given, the acceptor or indorsers are discharged from liability. this notice should be given by the holder of the paper, or his agent, within a reasonable length of time after dishonor. the notice may be given by a verbal notification, by the delivery of written message, or by mailing notice to the residence or place of business of the indorsers or drawer. everyone whom a holder desires to hold liable, must be notified in case of dishonor. if a drawer of a bill or an indorser of a note waives notice of dishonor by so stipulating in the instrument, notice as to them is unnecessary. in case of an inland bill, mere notice in writing mailed to their usual address, or actual notice is sufficient. by inland bill is meant one made payable, or to be accepted in the same state or country where drawn. in case of a foreign bill of exchange, or one made payable, or to be accepted, in a state or country other than where made or drawn, notice of dishonor must be by protest. this is true of notice to the drawer for failure of a drawee to accept, as well as for failure of an acceptor to pay. protest is a formal declaration of a notary public, an officer recognized by all countries as authorized to administer oaths. technically, only bills of exchange need be protested. by practice, however, promissory notes and checks are protested as well. = . certificate of protest.= the following is a common form of protest: state of ohio } cuyahoga co. } ss i, john arthur, a notary public, having been duly appointed and sworn, and residing at cleveland, cuyahoga co., ohio, do certify that on the th day of december , i presented the annexed promissory note for payment at the city trust co., where same is made payable, and that i did this at the request of the state trust co., and that payment was refused. i further certify that i did protest, and i do now publicly protest against the maker, indorsers, and all others concerned, for all costs and damages connected with the failure to pay this instrument. i certify that i am not interested in any way in this instrument. i further certify that i have this day deposited in the post office at cleveland, ohio, notices of this protest, signed by me as notary public, and addressed to the following persons. (names and addresses of persons connected with the instrument.) in testimony whereof i have hereto affixed my signature and seal of my office, this th day of dec., . john arthur, notary public. notary seal. quiz questions partnerships . may a party do business under a name other than his own? . if a party uses a trade name does this constitute a partnership? . define partnership, and give an example of an agreement constituting a partnership. . how many persons may engage in a single partnership enterprise? . give the principal features of the partnership relation. . how is a partnership created? . may partnerships be created by oral agreement? if so, give an example of an oral partnership agreement. . must any kind of partnership agreement be in writing? if so, give an example. . what is meant by partnership by estoppel? . give an example of an executory partnership agreement. . what classes of persons may legally become partners? . may an infant become a partner? . _a_, aged twenty-two years, enters into a partnership with _b_, aged seventeen. may _a_ avoid a contract of the partnership made with _c_, a third person, on account of the infancy of _b_? . give an example of an infant ratifying a partnership agreement. . can drunken or insane persons enter into partnerships? . what names are partners entitled to take as partnership names? . can a partnership take the name of another partnership? if not, why not? . can a partnership take a name which does not suggest the name of any of the partners interested? . can a partnership ever have more than one name? if so, under what circumstances? . give, and define the names applied to different kinds of partners. . distinguish _silent partners_ and _secret partners_. . may a partnership exist as between the partners, and not exist as to third persons trading with the partnership? . may a partnership exist as to third persons dealing with an apparent partnership, while none exists between the apparent partners themselves? if so, give an example. . state what constitutes a partnership as to third persons dealing with a partnership. . what are the powers of a partnership? . of what may the property of a partnership consist? . may a partnership make and own promissory notes? . what constitutes holding a person out as a partner? . what is the liability of a person held out as a partner? . can a person be liable as a partner who is held out as a partner without his knowledge or consent? . what are the duties of partners to each other? . can one partner sue his partner at law? . if one partner dishonestly takes possession of partnership assets, how may his partner get legal relief? . what is meant by _joint liability_ of partners? . what is meant by _liability in solido_? . what is partnership liability to third persons? . is the individual property of members of the partnership liable to be subjected to the payment of partnership claims? . when, if at all, can the property of individual partners be subjected to the payment of judgments against the partnership before the property of the partnership has been exhausted? . what is the individual liability of the members of a partnership for the partnership debts? . what effect, if any, does change of membership have upon a partnership? . does the addition of a new member dissolve a partnership? . does withdrawal of a member discharge a partnership? . what effect, if any, does death of a partner have upon a partnership? . define _survivorship_. . what are the rights and duties of survivors of a partnership? . in what ways may a partnership be dissolved? . in what cases must notice of dissolution of partnership be given? . how, and to whom must notice of dissolution of partnership be given? . upon dissolution of a partnership what part of the firm assets belongs to firm creditors, and what part of individual assets belongs to individual creditors? . in case a partnership is insolvent, and there is no living solvent partner, what rights have firm creditors in the assets of the individual partners as compared with individual creditors? . define and describe _limited partnership_. . what is the principal distinction between limited and general partnership? . define _special partner_ as used in connection with limited partnerships. [illustration: office building of the chicago edison company, chicago. ill. shepley, rutan & coolidge, architects, chicago. two lower stories of pink milford granite, polished; upper stories of the same granite, with ten-cut surface. built in , note the decorative feature of the lighting in lower and upper portion of building.] corporations . define _corporation_. . may an association of persons create a corporation by agreement? . is a corporation a natural person? . how were corporations originally created? . how are corporations created at the present time? . distinguish the creation of a corporation and the creation of a partnership. . for what purpose may a corporation be created? . what is the franchise of a corporation? . is a partnership distinct from the members composing it? . is a corporation dissolved by a change of membership? . when does a partnership cease to exist? . are the members of a corporation agents of the corporation? . who are the authorized agents of a partnership? . what are the powers of a corporation? . enumerate the ordinary powers of a corporation. . is the charter of a corporation a contract? . may a charter of a corporation be revoked at the will of the legislature that granted it? . how are corporations created? . what is meant by a _corporation's charter_? . what kinds of corporations, if any, may be organized under united states laws? . by what authority are national banks organized? . under what provisions are most corporations organized? . under what conditions may corporate charters be revoked? . state briefly the necessary steps in organizing a corporation. . must a corporation have a corporate name? . may a corporation change its name? . may two corporations use the same name? . may a corporation appropriate a name descriptive of an article manufactured? . give an example of a name a corporation is not permitted to appropriate. . classify corporations. . define and distinguish _private corporations_ and _public corporations_. . give an example of a public corporation; a private corporation. . is a street railway company a private or public corporation? . when does a corporation's existence commence? . what determines when a corporation's existence commences? . define _estoppel_. . give an example of a corporation estoppel from denying its corporate existence. . are third persons ever estopped from denying a corporation's legal existence? if so, give an example. . is a corporation's charter a contract? . if a corporation's charter is a contract, who are the contracting parties? . at the present time can a corporation obtain an irrevocable charter? . define _de facto corporation_. . define _de jure corporation_. . can a _de facto_ corporation avoid its liabilities on the ground of incomplete organization? . who can object to a _de facto_ corporation being incompletely organized? . what is necessary to create a _de facto_ corporation? . define _promoter_. . is a promoter personally liable for the obligations made by himself in connection with organizing a corporation? . is a corporation responsible for the obligations created by its promoter? . how, if at all, may a corporation adopt the obligations of its promoters? . may a corporation be reorganized by consent of its members? . is a reorganized corporation a new corporation, or a continuation of the old corporation? . is a reorganized corporation ever liable for the obligations of the old corporation? . may a reorganized corporation ever escape the obligations of the old corporation? . how, if at all, may corporations consolidate? . is a consolidated corporation distinct from the corporation from which it is formed? . may corporations consolidate by consent of the members of each? . is a consolidated corporation liable for the debts of its component corporations? . what is the _governing board_ of a corporation for profit called? . how are directors elected? . how, and under what circumstances and conditions may corporate meetings be held? . who are entitled to vote at corporate meetings? . may a member of a corporation ever have more than one vote? . what is meant by _cumulative voting_? . what is meant by _ticket voting_? . define _quorum_. . what constitutes a quorum? . must a member of a corporation be present to have his shares of stock voted? . how, if at all, may a shareholder vote by proxy? . who are members of a corporation? . is a stockholder personally liable for the debts of the corporation? . what is the liability of a shareholder in a national bank? . what is meant by stockholder's double liability? . how may a person become a stockholder in a corporation? . what is a certificate of stock? . may a person become a stockholder without having a certificate of stock? . may a person hold a certificate of stock and not be a stockholder? . must directors of a corporation be stockholders? . how, if at all, is the authority of the board of directors limited? . what are the principal duties of directors? . may a board of directors dispose of the entire assets of the corporation? . may directors act for their own private interests in dealing with the corporation? . may a director ever contract with the corporation? . define _by-laws_, _rules_, and _regulations_. . distinguish by-laws and resolutions. . define _capitalization_. . distinguish capitalization from assets of a corporation. . define _capital stock_. . may a corporation sell its shares for less than par? . distinguish par value and face value of stock. . if a corporation sells a shareholder stock at % of its par value, and the corporation is solvent, who, if any one, may object? . must shares be paid for in money? . if a person purchases shares from a stockholder at less than par, not knowing that the shares have not been paid for in full, is he liable to the corporation for the balance of their par value? . define _call_ and _assessment_. . may an assessment be made before a call? . may an assessment be made on stock paid for at par? . define and give an example of _watered stock_. . upon what authority may the capital stock of a corporation be increased or decreased? . what is a _stock dividend_? . how many kinds of stock are there? . define preferred stock, and distinguish it from common stock. . do preferred stockholders have any advantage over common stockholders when the affairs of the corporation are wound up, and its assets distributed? . how may dividends be paid? . may a stockholder force the corporation to pay a dividend? . when, if at all, are dividends debts of the corporation? . are certificates of stock negotiable instruments? . distinguish certificates of stock from regular negotiable instruments. . how are transfers of stock made by the corporation? . what, if any, is the individual liability of a stockholder for the debts of the company? . what ownership, if any, does a stockholder have in the property of the corporation? . can a corporation transact business without the aid of officers and agents? . how are the officers of a corporation appointed? . what are the usual officers of a corporation? . what are the duties of the president of a corporation? . may the officers of a corporation ever act without the express authority of the board of directors? . what is the proper corporate signature to a contract? . what is the proper corporate signature to a negotiable instrument? . can a corporation legally sign a contract without using its seal? . define _ultra vires_. . give an example of an _ultra vires act_. . are third persons deemed to have notice of the powers and limitations of a corporation. . does a corporation have any rights outside the state of its creator? . what kind of corporations, if any, are authorized by the united states constitution to transact business in any state? . what are the general provisions of the states regulating foreign corporations? . explain the meaning of the term _doing business_ as applied to foreign corporations. . is a corporation liable for its torts and crimes. . how, if at all, can a corporation be punished? . what is meant by _dissolution of a corporation_? . how can a corporation be dissolved? . can a corporation be dissolved by consent of its members? negotiable instruments . name some of the most common forms of negotiable instruments. . what is a _negotiable instrument_? . what advantages do negotiable instruments have over money for commercial uses? . define _negotiability_. . are all promissory notes negotiable instruments? . what words are necessary to make an instrument negotiable? . may an instrument be negotiable without containing the words _or order_, or _or bearer_? . what kind of negotiable instrument, if any, can be transferred without indorsement? . define _assignment_. . can negotiable instruments be assigned? . distinguish assignability from negotiability. . what is meant by the _law merchant_? . how do we happen to recognize the rules of the law merchant? . when was the law merchant first recognized in england? . to what classes of negotiable instruments were the rules of the law merchant originally applied? . to what classes of negotiable instruments are the rules of the law merchant now applied? . define _promissory note_. . name the parties to a promissory note. . give the essential features of a promissory note. . must a promissory note be dated? . distinguish drafts and bills of exchange. . give the names of the parties to a bill of exchange. . how is a bill of exchange accepted? . what is a _check_? . how does a check differ from a bill of exchange? . are days of grace allowed in the payment of checks? . what is certification of a check? . what effect does certification of a check by the payee have upon the maker? . are bonds negotiable instruments? . what are _registered bonds_? . what are _coupon bonds_? . what are _trust deeds_? . what are _collateral notes_? . are collateral notes negotiable? . by whom are collateral notes commonly used? . what is a _cognovit note_? . how does a cognovit note differ from an ordinary note? . define _certificate of deposit_. . how does a certificate of deposit differ from a check? . is a bank liable upon its certificates of deposit? . give the requisites of a negotiable instrument. . does every negotiable instrument require a payee? . may a negotiable instrument be signed by mark? . is an "i. o. u." a negotiable instrument? . name the necessary parties to a negotiable instrument. . how does a second indorser differ from a first indorser? . what is the liability of a drawer of a bill of exchange? . distinguish _foreign bills of exchange_ and _inland bills of exchange_. . what kinds of bills of exchange must be protested? . distinguish between _drawee_ and _acceptor_. . what is the liability of an acceptor? . how may a bill of exchange be accepted? . what is a qualified acceptance? . in case of a qualified acceptance, if the acceptor fails to pay the draft at maturity is the drawer liable? . what is the liability of a maker of a promissory note? . if a note is made payable at a bank, and is not presented at the bank at maturity, is the maker discharged? . define _indorsement_. . define _blank indorsement_. . what is the difference as to transferability between a note payable to bearer and one indorsed in blank? . define _allonge_. . define _indorsement_ in full. . distinguish between the liability of one who indorses in blank and one who indorses in full. . if a note indorsed in blank, is subsequently indorsed in full, can it be transferred by delivery without the indorsement of the indorsee in full? . define and explain indorsement without recourse. . what is the liability, if any, of an indorser in full? . does an indorsement for collection destroy the negotiability of a note? . what is the purpose of an indorsement for collection? . give an example of an anomalous indorser. . what is the difference between an anomalous indorser and an indorser outside the chain of title. . in most jurisdictions what is the liability of an anomalous indorser? . in general, what is the liability of an indorser? . define _indorser_. . what are the warranties of an indorser? . are the warranties of an indorser express or implied? . define _forgery_. . does forgery render a negotiable instrument void or voidable? . distinguish between forgery and material alteration. . if a note is materially altered by a stranger is it void? . define _fraud_. . distinguish fraud and duress. . are fraud and duress good defenses as against a _bonâ fide_ holder. . if a forged note is lost or stolen can it be collected? . if a note procured through fraud is lost or stolen can it be collected by an innocent holder? . define _real defense_ to a negotiable instrument. . what is meant by _personal defense_? . enumerate the real defenses to a negotiable instrument. . enumerate the personal defenses to a negotiable instrument. . define _consideration_. . must consideration be stated in a negotiable instrument? . what kind of drafts must be presented for acceptance? . how are drafts presented for acceptance? . what must a holder do if a draft is dishonored? . define _protest_. . when must negotiable instruments be paid? . what are days of grace? . do most jurisdictions recognize days of grace at the present time? . define _innocent purchaser for value without notice_. . define _bonâ fide holder_. . define _holder in due course_. . distinguish _bonâ fide_ holder and assignee of a negotiable instrument. . can a person be a _bonâ fide_ holder of a note who purchases it after it is due? . for what purpose must a negotiable instrument be presented for payment? . can indorsers of a negotiable instrument be held if the note is not presented for payment? . how is a negotiable instrument presented for payment? . explain notice of dishonor. . what is the necessity of giving notice of dishonor? . how is notice of dishonor given? . what is a certificate of protest? [illustration: office of president, american school of correspondence, chicago, ill.] commercial law part iii banking, loans, money and credits = .banks defined and classified.= a bank may be defined to be an institution authorized to receive money for deposit, to make loans, and to issue its promissory notes payable to bearer. a bank may have any one, or all of the above enumerated powers. some banks have powers in addition to those above enumerated. in the absence of prohibiting statute, any person may operate a private bank. the states generally have statutes authorizing the creation and regulation of banks. at the present time, most banks are incorporated companies. as to the source of their existence, banks may be said to be _national_ and _state_. national banks are organized under united states statutes regulating their creation and existence. national banks are discussed more at length under a separate section. all banks other than national are created under state laws, and are called state banks. as to their nature, banks are generally divided into three kinds, _banks of deposit_, _banks of circulation_ and _banks of discount_. banks authorized to receive money for safe keeping are banks of deposit. banks authorized to purchase commercial paper by charging interest in advance are banks of discount. banks authorized to issue their own promissory notes payable to bearer, and actually issuing such notes, are banks of circulation. a single bank may be a bank of discount, of circulation, and of deposit, or it may be a bank of discount, of circulation or of deposit. the ordinary savings bank is a common example of a bank of deposit. a national bank issuing its notes is a common example of a bank of circulation. a national bank usually purchases notes for less than their face value, or makes loans upon notes deducting its interest in advance, making it also a bank of discount. = . functions and powers of banks.= at the present time most banks are incorporated companies. their authority to exist is given them by the state. their powers are limited by the provisions of their charter. this question is discussed at length in the section on _corporations_. a bank cannot engage in business outside the provisions of its charter. incorporated banks are permitted to pass by-laws by which their functions may the more readily be carried out, and by which the duties of their agents are restricted or defined. reasonable by-laws, if brought to the notice of third persons, also well recognized customs and usages, bind third persons in their dealing with banks. ordinarily, banks have the power to borrow money, but do not have the power to deal in real estate. national banks have no power to loan money on real estate, but they are permitted to take real estate mortgages to prevent losses on loans already made. a bank may also purchase real estate sufficient for the construction of a banking building. banks have the power to collect their own paper, and to act as agents for persons and banks in collecting their paper. the ordinary functions and powers of banks are discussed under separate sections. = . deposits.= the primary function of a bank is to receive money from third persons and to loan money to third persons. money received from third persons is money received on deposit. banks cannot be compelled to receive money for deposit from anyone. they are permitted to exercise their discretion and reject such deposits as they choose. the ordinary method of making deposits is by delivery of currency consisting of gold, silver, copper, and nickel coin, bank notes and checks to an agent of the bank. the agent authorized to receive deposits is usually called the _receiving teller_. deposits are usually entered by the receiving teller in the customer's pass book. in commercial banks, deposits are ordinarily withdrawn by check, without presenting the pass book. savings banks ordinarily do not permit their customers to use checks, but require them to present their pass books when drawing money. the amount withdrawn is entered in the pass book, and the balance brought down. when money is deposited generally, the bank has the right to mingle it with its own funds. it then becomes the debtor of the depositor in the amount of the deposit. if a fund is deposited with a bank for a special purpose, and the bank is so notified, or if papers, such as securities, bonds and certificates of stock are deposited for safe keeping only, they are known as _special deposits_ and are not mingled with the general funds. subject to the reasonable rules of the bank, a general deposit is subject to withdrawal at the will of the depositor. = . checks.= a check is a written order upon a bank for the payment of a specified sum of money payable upon demand. commercial banks generally do a checking business. some banks, such as savings banks, do not permit depositors to draw checks against their deposits. savings banks not doing a checking business, usually require their depositors to present their pass books when drawing money. even though written orders are given to third persons, the pass book must be presented by the third person to enable him to obtain the money on the order. in case of banks which do a checking business, the depositor is permitted to draw checks in any amount, payable to any person. the bank must honor these checks so long as the maker's deposit is sufficient to pay them, and the person presenting them is properly identified. upon payment of a check, the bank keeps it and deducts the amount from the maker's deposit. these paid checks, or vouchers, are usually returned by the bank to the customer, every thirty days, with a statement of his account. the customer then examines these checks and compares them with his books, and the bank's balance with his balance, for the purpose of discovering errors. a check is payable on demand and should be presented for payment within a reasonable time after receipt. if the receiver lives in the same place as the maker, the check should be presented during the business hours of that day. if the receiver resides in a distant place, the check should be presented as soon as possible under the circumstances. as long as the bank has funds of the maker, it must honor his checks. if the bank has some funds of the maker, but not sufficient to pay the check presented, it should refuse to pay anything thereon. if the bank refuses to honor a check when the maker has sufficient funds to meet it, the bank is liable at the suit of the depositor, for any damages suffered. receiving a check does not of itself extinguish the debt. the taker of the check may present it for payment, and if payment is refused by the bank, and the maker is notified promptly, the taker may sue the maker on the check, or on the debt for which the check was given. certified checks are discussed under the section on _negotiable instruments_. = . loans and credits.= one of the primary functions of banks is to make loans. different kinds of banks are authorized to make different kinds of loans. savings banks generally are authorized to make loans on real estate. national banks are not permitted to loan on real estate. banks ordinarily are permitted to discount notes. by discounting promissory notes is meant purchasing them at a sum less than their face value, partially, at least, on the credit of the seller. banks are not permitted to discount notes at usurious rates of interest. banks are restricted by their corporate charters as to the nature of the loans they can make. _credit_ is the term applied to a present benefit obtained for an agreement to do something in the future. a person's credit depends largely upon his business reputation and assets. companies called mercantile agencies are organized for the sole purpose of furnishing credit information. these companies publish books giving the trade records and estimated assets of business men in the various cities and towns of the different states. these books are sold to wholesalers, or to anyone desiring credit information. companies also employ men to obtain and furnish special reports on people's assets and business reputation. the bulk of business is done on credit. compared with the total amount of business transacted, a small amount is done for cash. credit is an important part of a business man's capital. = . rights and obligations of banks in case of forged, lost, or stolen checks.= forgery or material alteration of a negotiable instrument renders it void. banks are authorized by depositors drawing checks to pay valid checks, but not forged ones. ordinarily, a bank must stand the loss if it pays a forged check. the only exception is in case the depositor has so carelessly drawn the check that it can be forged without the bank being able to discover the forgery by the exercise of due care. most jurisdictions also hold that a depositor must examine his returned checks within a reasonable time after their return by the bank. if a forgery is not reported within a reasonable time after the return of the check by the bank, the check is presumed to be genuine, and the depositor cannot thereafter complain. where a check is payable to bearer, or payable to order, and indorsed in blank by the payee, making it payable to bearer, and is lost or stolen, an innocent party purchasing it from the finder or thief gets good title to it. such paper circulates like money without further indorsement. a bank in paying such a check to a _bona fide_ holder who takes it from a thief or finder without notice of its having been lost or stolen, is not liable to the maker for the loss. [illustration: department of records, american school of correspondence] = . national banks.= the constitution of the united states does not expressly give congress the power to create national banks but it gives congress the power to collect taxes, duties and imports, to borrow and coin money and to make all loans necessary to carry into execution the powers expressly given. to carry into effect the powers given relating to money, congress is deemed to have the power to create national banks. congress has passed laws under which national banks may be organized by associations consisting of not less than five natural persons who are required to sign and file articles with the comptroller of currency at washington, d. c., which articles shall specify the name of the proposed bank, its place of operation, its capital, the names and residences of its shareholders, and the number of shares held by each. national banks may be organized with a capital of not less than twenty-five thousand dollars ($ , . ) in cities whose population does not exceed three thousand, and with a capital of not less than fifty thousand dollars ($ , . ) in places whose population does not exceed six thousand inhabitants, and with a capital of one hundred thousand dollars ($ , . ) in places whose population does not exceed fifty thousand inhabitants, and with a capital of not less than two hundred and fifty thousand dollars ($ , . ) in places exceeding fifty thousand inhabitants. before commencing business, national banks are required to transfer and deliver to the treasurer of the united states, united states registered bonds, in amount not less than thirty thousand dollars ($ , . ), and not less than one third the paid-in capital stock. upon making such a deposit of bonds, the comptroller of currency is authorized to issue to the bank, notes of the bank in different denominations, equal to % of the market value of the bonds deposited. these are the only circulating notes national banks are authorized to use. the comptroller of currency is authorized to replace worn notes or returned notes, proof of the destruction of which is furnished. national banks in the seventeen largest cities of the united states are required to keep on hand, money equal to % of their circulating notes and deposits. national banks of all other places are required to keep on hand, money equal to % of their circulating notes and deposits. national banks are not permitted to make loans on real estate or on their own stock, except to protect loans already made. in case of insolvency of a national bank, the stockholders are liable in an amount equal to the par value of their stock, in addition to their liability to pay the par value of their stock subscriptions. the shareholders having legal title to the stock at the time of insolvency of the bank are the ones liable for the additional liability. national banks may charge the rate of interest authorized by statute of the state where the bank is located. if unlawful interest, called _usury_, is charged, the bank forfeits the entire interest. if the usurious interest has been paid by the borrower, double the amount of the usury may be recovered from the bank by the borrower. national banks are authorized to buy drafts and notes, to discount commercial paper, to borrow and loan money, to deal in government bonds, to loan money on collateral, but not to guarantee or indorse commercial paper, except in the transaction of their legitimate business. they are permitted to discount or purchase bills and notes, but not to charge more than the legal rate of interest, even though the paper is purchased. they may charge reasonable rates for exchange in addition to interest. = . savings bank and trust companies.= all banks other than national are organized under state laws, and are known as _state banks_. the most common kinds of state banks are savings banks and trust companies. savings banks ordinarily receive money for safe keeping, acknowledging receipt by entering deposits in a pass book which the depositor presents upon making deposits, and upon withdrawal of funds. upon drawing funds, the amount is deducted from the balance shown in the pass book and the balance brought down. savings banks ordinarily do not permit depositors to draw checks against their accounts. they are required to present their pass books in person, or to give them to an agent or payee designated in a written order to be presented in withdrawing deposits. if pass books are lost, savings banks are not obliged to pay deposits unless indemnified against loss by the depositor. savings banks are permitted to make loans on real estate. trust companies usually have all the power of savings banks with the added power to act in trust capacities as trustees of estates and for bond holders, as executors, etc. they usually do a checking business for the accommodation of their depositors. = . clearing houses.= a clearing house is an association of banks of a certain locality, usually of a city, organized for the convenience of its members in making settlements with each other. as a matter of practice, holders of checks do not personally present them for payment at the banks on which they are drawn, but deposit them with the bank with which they do business. these banks collect them from the banks on which they are drawn. each day, a city bank has deposited with it a large number of checks drawn on other banks of the same city. it would involve much labor to present these checks for payment on the banks on which they are drawn, and secure currency or checks therefor. for convenience, banks organize clearing houses for the purpose of making daily exchanges, with each other, of checks. if _bank a_ has deposited with it $ , . of checks on _bank b_, and _bank b_ has deposited with it $ , . of checks on _bank a_, the agents of the two banks meet at the clearing house, and exchange checks and _bank a_ pays _bank b_ the difference between the total amount of checks exchanged, or $ . . if the membership of the association consists of twenty-five banks, the principle is the same, the members exchange checks and pay each other the difference in amount. clearing houses have rules by which members are required to return checks not properly drawn, over-drafts, forged paper, etc. within a certain time to the paying bank, or be precluded from raising objections to the clearing house balance. = . money.= ordinarily the term, _money_, is used to designate any medium accepted by a seller from a purchaser in the sale of property. it is the thing that passes current among business men in their dealings with each other. bank notes, checks, gold and silver, nickel and copper coin, as well as united states certificates, are money. money is sometimes used to designate legal tender. _legal tender_ is the medium of exchange which creditors are obliged by law to accept in payment of debts. united states notes, except for duties and interest on public debts, and gold certificates are legal tender. gold coin and silver dollars are legal tender. subsidiary silver coin, or half dollars, quarters and dimes, in amount not exceeding ten dollars are legal tender. nickels and pennies are legal tender in amount not exceeding twenty-five cents. silver certificates and national bank notes are not legal tender. = . discount.= _discount_ is money paid in advance for the use of money. it is interest paid in advance. one of the primary functions of banks is to discount negotiable paper. the states generally have laws fixing the legal and maximum rates of interest. if banks or individuals charge interest in excess of these rules, they subject themselves to the fixed penalties. in connection with usury laws, some confusion has arisen as to what constitutes a purchase and what constitutes a discount. a person is permitted to make contracts and make as large a profit as possible, if no fraud is used. if the contract involves the purchase of a negotiable instrument, as distinguished from a loan of money, he may make as large a profit as he is able. if _x_ desires to borrow $ . of _y_ and _y_ gives him the money and takes _x_'s promissory note, _y_ can deduct only the lawful rate of interest. if, however, _x_ holds _z's_ promissory note indorsed in blank, or payable to bearer, _y_ may purchase the note from _x_ for any price he is able, and if he makes half the face value of it by the transaction, it is regarded as a sale, and not as a loan. this transaction does not come within the usury laws. a bank, however, by the weight of authority is not permitted to make purchases of notes in this sense. the purchase above described, if made by a bank, would be regarded as usurious. banks may purchase notes if so authorized by their charter, but may not charge more than the lawful rate of interest as profit. = . exchange.= _exchange_ is the term applied to methods of cancelling debts and credits between persons of different places. if _x_, in cleveland, owes _y_, in new york, $ . , and _z_, in new york, owes _x_, in cleveland, $ . , it is cheaper and safer for _x_ to send _y_ an order on _z_ for $ . than to send legal tender from cleveland to new york. this transaction is called _exchange_. if made between persons of the same country, it is called _domestic_ exchange; if between persons of different countries, it is called _foreign_ exchange. banks of one city keep deposits in other cities for the purpose of selling drafts thereon to customers. = . interest.= _interest_ is the money paid for the use of money. most states have statutes fixing the rate of interest in transactions where no rate is specified, and fixing the highest rate that may be agreed upon. the following are the rates of interest in the different states: states. where no rate is highest rate that may agreed upon. be agreed upon. alabama % % alaska % % arizona % any rate arkansas % % california % any rate colorado % any rate connecticut % % delaware % % district of columbia % % florida % % georgia % % idaho % % illinois % % indiana % % iowa % % kansas % % kentucky % % louisiana % % maine % any rate maryland % % massachusetts % any rate michigan % % minnesota % % mississippi % % missouri % % montana % any rate nebraska % % nevada % any rate new hampshire % % new jersey % % new mexico % % new york % % north carolina % % north dakota % % ohio % % oklahoma % % oregon % % pennsylvania % any rate rhode island % any rate south carolina % % south dakota % % tennessee % % texas % % utah % % vermont % % virginia % % washington % % west virginia % % wisconsin % % wyoming % % = . usury.= _usury_ is the term applied to interest charged in excess of the rate allowed by law. the states differ in the rate fixed by statute as the legal rate. the most common penalty fixed by statute of the different states, is forfeiture of all interest. insurance _ . insurance defined._ _insurance_ is the name applied to a contract, by the terms of which one party, in consideration of a certain sum of money, agrees to protect another to a certain specified degree against injuries or losses arising from certain perils. the kinds of insurance are almost as numerous as the kinds of perils to which persons or property may be subjected. the nature of insurance contracts are such that legislatures of the states have the power to define what classes of persons may engage in the insurance business. some states provide by statute that only incorporated companies shall transact the business of writing insurance policies, and that these companies shall be subject to stringent state supervision and inspection. states have the right to stipulate upon what terms foreign insurance companies shall have the right to transact business within their borders, and may exclude them from transacting business if they refuse to comply with such provisions. the united states constitution provides that interstate commerce shall be under the control of united states congress. the supreme court of the united states has decided that insurance business is not interstate commerce. therefore the states may determine upon what terms insurance companies may transact business within their territory. unincorporated companies as well as individuals may engage in the business of writing insurance, if it is not provided otherwise by statute. = . nature of insurance contract.= an insurance policy is a contract requiring competent parties, mutuality, consideration and all the elements necessary to make any kind of a contract. an insurance contract is peculiar in that it binds the insurer to pay damages for losses or injuries arising out of uncertain perils or hazards. it is in the nature of a gambling transaction. a large number of persons pool a portion of their assets, in order to pay losses of a certain character likely to befall only a small portion of the persons entering into the pool. for example, if ten thousand persons pay one dollar each to establish a common fund to protect the members against losses from fire, they do so under the belief and expectation that but few of the number ever will sustain loss from the peril of fire. an insurance contract is so closely akin to a gambling contract that persons are not permitted to take insurance on property, or upon the lives of persons, unless they have an individual interest, which they should have a purpose or interest in protecting outside of a mere disposition to wager. this interest is called _insurable interest_ and is discussed under a separate section. it is true that many kinds of life insurance policies protect against death, and that death is an event certain to occur to the insured, but the real purpose of the policy is to give protection against the uncertainty of the time of death. the uncertainty of the thing sought to be protected against is as great in life insurance as in any kind of insurance. = . parties to insurance contracts.= primarily there are only two parties to an insurance contract, the party to be paid for the loss, in case the event insured against occurs, who is called the _insured_, and the party, who for a consideration agrees to pay an amount certain, or to be determined upon the happening of the uncertain event. this party is called the _insurer_ or _underwriter_. in many insurance contracts, a third party is interested. for example, _a_ may insure his life in _b co._, for the benefit of his wife, _c_. _c_ may have nothing to do with the contract except being named as beneficiary thereunder. she pays nothing for this benefit. it is a contract made for her benefit. after she has been made beneficiary, _a_ cannot change beneficiaries without the consent of _c_. in case of _c's_ death, _a_ may voluntarily name another beneficiary. if _a_ is indebted to _b_, and _b_, considering _a_ insolvent, desires to secure the debt by taking out a policy of insurance on _a's_ life in the _c_ company, he cannot take out such a policy without the consent of _a_. while a third person may be interested in an insurance contract, or his consent may be necessary before the contract can be made, there are primarily only two parties to the contract, the _insured_ and the _insurer_. = . kinds of insurance.= probably the first kind of insurance written was marine. the next kind was fire; this was followed by life insurance, and this in turn, by the many varieties of modern insurance covering almost all kinds of hazards imaginable. the following kinds of insurance are in common use: marine, fire, life, accident, tornado, graveyard, fraternal, fidelity, boiler, credit, guaranty title, plate glass, mutual benefit, employer's liability, hail, hurricane and health. no attempt is here made to discuss all the different kinds of insurance. an endeavor is made to discuss some of the fundamental legal principles connected with the most common kinds of insurance. these principles apply to all kinds of insurance. = . insurable interest.= courts refuse to recognize the validity of insurance contracts, unless the party taking the insurance has a pecuniary interest, present or reasonably expected, in the life or property insured. such an interest is known in law as an _insurable interest_. insurable interest cannot be exactly defined. it depends upon the circumstances surrounding each particular case. some things have been decided by the courts to constitute an insurable interest. cases are continually arising, however, which present new features which must be decided upon their merits. insurable interest can only be described, it cannot exactly be defined. it is sometimes said to be a money or pecuniary interest possessed, or reasonably expected, by the party entering into the insurance contract. a father may insure the life of his child, of his wife, or his servant under contract for a period of service. a party cannot, however, insure the life of a person with whom he is in no way connected by close blood relationship, or upon whom he does not depend for present or future support. such a contract is regarded as a mere wager, which a sound public policy refuses to enforce, or even to recognize as valid. a person may insure a growing crop, and the life of animals owned by him. a mortgagee, mortgager or pledgee of property may insure the property. a creditor may insure the life of his debtor; a person may insure his property against robbery. in fact a person may insure the life of a person or any property belonging to him or to another, the loss of which will cause him a pecuniary loss. in case of life insurance policies, if there is an insurable interest at the time the insurance contract is made, the policy is valid, even though the insurable interest afterwards ceases. any relationship, either by blood or marriage, close enough to make it of pecuniary advantage to the party taking the insurance to have the insured continue to live, is regarded sufficient to constitute an insurable interest. it has been held that a brother has no insurable interest in the life of his brother, nor a granddaughter in the life of her grandfather, nor a son-in-law in the life of his mother-in-law. a parent, however, has an insurable interest in the life of his child or wife; or a granddaughter in the life of her grandfather if she depends upon him for her support. a person may insure his own life or property in favor of any one else. the question of insurable interest arises only in case one endeavors to insure the life of another, or the property of another in which one has only a slight interest. = . forms of insurance contract.= the states generally provide by statute, that to be enforceable, contracts to answer for the debt, default or obligation of another, shall be in writing (see _statute of frauds_, chapter on contracts.) the courts have decided that an insurance contract is not a contract to answer for the debt, default or obligation of another, but a direct contract by which the insurance company for a consideration agrees to pay its own debt in case of loss on the part of the insured. insurance contracts need not be in writing. oral contracts of insurance like other simple contracts are binding upon the parties thereto. for example, _a_, representing an insurance company, meets _b_, and agrees orally to insure _b's_ house from twelve o'clock of a certain day, and accepts the premium for one year's insurance. the house burns the evening of the day after the insurance is to become effective. _a's_ insurance company is bound by the oral contract of insurance. if _a_ is not permitted by his company to make oral contracts of insurance, and _a_ so tells _b_, or if _b_ knows of this fact, the contract is not binding, since _a_ acts without authority. if _a_ meets _b_ on monday, and orally agrees to procure for him a written policy of insurance on _b's_ house to take effect from monday noon, and _b's_ house burns tuesday morning, _a_ having failed to procure the written policy of insurance for _b_, the insurance company is not liable to _b_ for the loss. _b_ had a contract with _a_ by the terms of which _a_ promised to procure a policy of insurance for _b_. _a_ did not orally promise to insure the house for _b_. _b_ has an action for damages against _a_, but not an action on a contract of insurance against the company. insurance agents are often authorized to issue receipts, called _binders_, to the effect that insurance has been contracted by a party from a certain time. these binders constitute sufficient evidence to enable the insured to enforce his contract of insurance. agents are sometimes authorized to enter a memorandum in their books of insurance, called _entries_ in their binding books. these constitute sufficient evidence of the formation of a contract between insurer and insured, to enable the latter to enforce his contract in case of loss. = . warranties and representations in insurance contracts.= the term, _warranty_ is commonly used in connection with contracts of sales of personal property, where it is used to designate a collateral contract connected with the principal contract in question. in connection with insurance contracts, it means a statement or stipulation which, by reference or express term, is itself made a part of the contract of insurance. the principal distinction between a warranty in connection with sale of personal property, and in connection with contracts of insurance, is that in the former case, breach of warranty usually does not discharge the contract, but simply gives rise to an action for damages, while in case of contracts of insurance, breach of warranty discharges the contract itself. life insurance companies generally require formal written application by which the applicant for insurance is required to answer questions. these questions and answers are made a part of the policy or contract of insurance, either by reference, or by incorporation, and become warranties. if they are not true, the policy may be avoided by reason thereof. to constitute a warranty, a stipulation must be made a part of the insurance contract either by direct reference, or by express incorporation therein. to constitute a warranty, the contract of insurance must contain a stipulation that the statement or assertion in question is a warranty. if a warranty proves false, no matter if innocently made, the contract is discharged thereby. warranties are strictly construed. much injustice has been done by reason of warranties in insurance contracts. some states provide by statute, that neither the application for insurance, nor the rules and regulations of the company shall be considered as warranties unless expressly incorporated in the policy as warranties. a distinction is made between representations and warranties. a representation is a statement made as an inducement to enter into a contract of insurance. it is regarded as one of the preliminaries to the contract of insurance and not as a vital part of the contract itself. if a representation proves not to be true in some particular, the contract of insurance is not discharged by reason thereof. to constitute a ground for avoiding a contract, a representation must be false, fraudulent, and material to the contract. it is sometimes said that a warranty is a stipulation in the contract of insurance itself, and must be complied with whether true or not, while a representation is usually given verbally, or in a separate document, and need only be substantially complied with. in case of doubt as to whether statements are representations or warranties, courts incline toward treating them as representations. answers to questions were made in an application for insurance followed by the statement, "the above are true and fair answers to the foregoing questions in which there are no misrepresentations or suppression of facts, and i acknowledge and agree that the above statement shall form the basis of the agreement with the insurance company." the policy of insurance did not state that these questions were incorporated as warranties. in a suit on the policy, the court held the answers to be representations and not warranties. = . life, term, and tontine policies.= _life policy_ is the term applied to a contract of insurance payable only at the death of the insured. _term_ or _endowment policy_ is the term applied to insurance payable at the death of the insured, or at the expiration of a certain term or period of years, if the insured survives such period. the term, _tontine_ insurance, is the name applied to insurance paid out of the proceeds of unpaid policies during a certain period or term. if the insured survives the term, and pays the premium he benefits by receiving a share of the proceeds received from the policies of those members who do not survive the period, or who let their policies lapse for other reasons. the term is taken from the name of the person who devised the plan. it is sometimes called _cumulative dividend_ insurance. it is written in many different forms. = . marine insurance.= contracts of insurance against injuries to a ship or cargo at sea are called _marine_ insurance contracts. this is the oldest form of insurance. in securing insurance of this character, the insured impliedly warrants that the vessel is seaworthy. this is the only kind of insurance in which there is an implied warranty. the term _general average_ is used in connection with marine insurance. if it becomes necessary to sacrifice a part of a cargo to save the balance, the owners of part of the cargo saved, together with the owners of the boat, must contribute _pro rata_ toward the loss of the party whose goods are sacrificed. that is, all owners of cargo and boat must stand the loss in proportion to their holdings. the one whose goods are sacrificed is placed in no better or worse situation than the others. = . standard policies.= some states require by statute, that insurance companies issue policies, the terms of which are fixed by statute. this gives the insured the benefit of a uniform policy, the terms of which are easily comprehended, and which are the same in all cases. these statutory policies are known as standard policies. = . suicide clauses.= contracts of insurance frequently contain the stipulation that the contract shall be void if the insured suicides. this stipulation is enforceable if it can be proven that the insured suicided while sane. it is generally held to be unenforceable if the insured suicided while insane. an insurance company may stipulate that the contract shall be void if the insured suicides when either sane or insane. such a stipulation is enforceable. the ordinary insurance contract, however, which contains any suicide clause provides against suicide only, and does not contain any stipulation as to the sanity of the insured at the time he commits the act. it is usually held that the burden is upon the insurance company to prove that the insured was sane at the time he committed suicide. if a policy contains no suicide clause whatever, suicide will not avoid the policy unless it is proven that the purpose of the suicide was to defraud the insurance company. if it is proven that one takes out a policy of insurance with the intent to commit suicide, the policy is not enforceable in case of suicide. = . fidelity and casuality insurance.= contracts of insurance by which the honesty and faithfulness of agents and employees are insured are termed fidelity insurance contracts. _a_, a bank, employs _b_ as clerk. _a_ requires _b_ to furnish a bond, by the terms of which the signers of the bond agree to pay _a_ for any losses arising from _b's_ dishonesty or carelessness. this bond or contract is known as a _fidelity insurance_ contract. insurance contracts providing against losses arising out of accidents to property are termed _casualty insurance_. losses by theft or burglary, or from steam boiler explosions are common examples. = . reinsurance.= one insurance company may insure its own liability upon policies issued, by entering into separate contracts covering the same risks with other insurance companies. for example, _a_, an insurance company, insures _b's_ factory for $ , . . _a_ may in turn insure its liability to _b_, by entering into a contract with _c_, another insurance company, by the terms of which _c_ agrees to insure _a_ against loss upon _a's_ contract with _b_. _a_ is not permitted to bind _c_ by a greater responsibility than _a_ is bound to _b_. in case _b's_ factory is burned, in the absence of express stipulation to the contrary, _a_ may recover from _c_ regardless of whether he has first paid _b_. even though _a_ is insolvent and unable to pay _b_, this is no defense to _c_ on his contract with _a_. _c_ must pay _a_ regardless of the insolvency of _a_. in case _b_ has a fire and _a_ settles with him for $ . , _c_ is liable to _a_ for only $ . . that is _c's_ liability to _a_ is the same as _a's_ liability to _b_, unless by the terms of the re-insurance, _c_ assumes only a portion of _a's_ liability to _b_. in this event _c_ must pay _a_ the pro rata share of _a's_ liability to _b_. _b_ in no event has any rights against _c_. _b's_ contract is with _a_, and the fact that _a_ has entered into a contract with _c_ involving the same subject matter, gives _b_ no rights against _c_. = . assignment of insurance policies.= by _assignment_, is meant a sale or transfer of some intangible interest by one person to another for a valuable consideration. in case of insurance contracts other than life, no real assignment can be made. the person whose property is insured is the one who really benefits by the contracts of insurance. before loss, an attempted assignment of the insurance policy amounts merely to a designation of the person to whom the insurance is to be paid. in case of loss, the original party insured still holds the property insured or the insurable interest, and any breach of the insurance contract on his part avoids the contract. a policy of insurance cannot be assigned without the consent of the insurance company. if an attempt is made to transfer an insurance policy other than life, before loss, without the transfer of the property itself, the transaction does not amount to an assignment, but amounts to a contract between the seller and buyer, by which the latter is entitled to receive the proceeds of the policy if any ever arises. so far as the insurance company is concerned, acts of the seller after the attempted assignment are as complete a defense as before. if the property insured as well as the insurance policy is transferred to another, with consent of the insurance company, this is not an assignment, but amounts to a new contract between the insurance company and the purchaser. after a loss has occurred, the right of the insured against the insurance company amounts to a debt, which may be assigned the same as an ordinary debt. in case of life insurance, if a third party has been named as beneficiary, he is supposed to have such an interest in the policy that a change of beneficiary cannot be made nor can an assignment of the policy be made without his consent. in case the proceeds of a life insurance policy are payable to the insured himself, or to his estate, the policy may be assigned at the will of the insured. if the policy provides against assignment, it cannot be assigned. otherwise, it may be transferred as collateral security, or sold outright at the will of the insured. = . open and valued policies, and other insurance.= policies or contracts of insurance are said to be _valued_ or _open_, depending upon whether the amount to be paid in case of loss is agreed upon in advance. life insurance policies are examples of valued policies. the insurance company agrees to pay a certain fixed amount in case of death of the insured, or at a certain time. fire insurance policies usually are open policies. the insurance company agrees to pay the amount the insured loses by fire which destroys or injures certain specified property. the fact that a limit is placed upon the liability of the insurance company does not make the policy valued. if, however, the insurance company agrees to pay a certain fixed amount in case of loss by fire the policy is valued. a person may take as much insurance upon his life as he pleases, so long as he reveals the facts to the companies with whom he contracts. in case of insuring property, the insurer is not permitted to recover in excess of the value of the property, regardless of the amount of insurance he carries. if an insurer takes out a policy of insurance upon property already insured, he must not conceal this fact from the subsequent insurer. the second policy will provide for payment, in case of loss in excess of the first insurer's liability, but not in excess of the value of the property. or it will provide that in case of loss each policy shall share the loss in the proportion that the amounts of the policies bear to the loss. suretyship = . nature of contracts to answer for the debt of another.= in the transaction of business, many contracts are made to answer for the debt or obligation of another, as distinguished from the direct debt or obligation of the person entering into the contract. these contracts are made for the purpose of adding security to the original contract, or for the purpose of enabling the original obligor to obtain credit. the general term applied to contracts to answer for the debts of another is _suretyship_. the arrangement by which one party agrees to answer for the debt or obligation of another is a contract. this kind of a contract requires all the elements of any contract. there must be a meeting of the minds of the contracting parties, consideration, etc. if _a_ purchases goods from _b_, agreeing to pay $ . for them, _a's_ obligation to pay _b_ $ . is a primary one arising out of a simple contract. if _a_ purchases goods from _b_ agreeing to pay $ . therefor, and _c_, as a part of the same transaction, makes a promise in writing to _b_, to pay the $ . if _a_ does not pay, _c's_ obligation is one of suretyship. he is known in law as a _guarantor_. his contract is to pay the debt of another. he has agreed to pay _a's_ debt if _a_ fails to pay it. any contract by which a person agrees to answer for the debt or default of another, no matter what its form may be, or by what technical name it may be known, is a contract of suretyship. = . kinds of suretyship contracts and names of parties thereto.= the term, _suretyship_, is the general or descriptive term applied to all contracts by which one person agrees to answer for the debt or obligation of another. it may be in the form of a contract of a surety, a contract of a guarantor, or a contract of an indorser. there are at least three parties to all suretyship contracts; the party whose debt is secured, called the _principal_; the one to whom the debt is owed, called the _creditor_; and the one promising to pay the debt of another, called the _promisor_. for example, if _a_, orders one thousand dollars' worth of merchandise from _b_, and, as a part of the transaction, _c_ promises to pay the amount for _a_, when due, if _a_ fails to pay it, the transaction is one of suretyship in which _a_ is _principal_, _b_, _creditor_, and _c_, _promisor_. a promisor may be a surety, a guarantor, or an indorser of a negotiable instrument. whether a promisor is a surety, a guarantor, or an indorser depends upon the particular kind of a contract made. in any event it is a promise to pay the debt of another. but the conditions and terms of the agreement may make it that of a _surety_, a _guarantor_ or an _indorser_. the distinguishing features of the different kinds of promisors are discussed under separate sections. = . contract of a surety.= a surety is one who unconditionally promises to answer for the debt or obligation of another. for example, _a_ gives the following promissory note to _b_: chicago, ill., jan. , . thirty days after date i promise to pay to the order of _b_--five hundred dollars. signed--_a_. signed--_c_, surety. this note constitutes an obligation of suretyship in which _b_ is creditor, _a_ is principal, and _c_ is surety. _c's_ obligation is the same as that of _a_, his principal. by signing this note as surety, _c_ binds himself to pay the note when due. he does not bind himself to pay on condition that _a_ does not, or cannot pay the note when due, but binds himself to pay the note when due. his obligation is the same as the obligation of _a_. his obligation is not conditioned upon _a's_ failure or inability to pay. when the note is due, _b_, the creditor, may bring suit against _c_, the surety, disregarding the principal, _a_. _b_ may bring suit against _c_, the surety, without making any demand of payment of _a_, or without receiving _a's_ refusal to pay. if the note is signed by _c_ as above, without using the word, _surety_ after his name, it may be shown by oral testimony that _c_ signed as surety, if such is the fact. a surety may sign any kind of a contract as surety for another. in this event, his obligation is to do the same thing that his principal contracts to do. if the obligation of the one signing as security is conditioned upon anything, it is not the obligation of a surety, but that of a guarantor, no matter by what term designated in the contract. it has been said by some writers that a surety promises to pay the debt of another if the other does not, and a guarantor promises to pay the debt of another if the other cannot. this definition is not correct and is not supported by the cases. this definition applies only to guarantors, since it is a conditional promise to pay the debt or obligation of another. a surety's obligation is absolute, and not conditional in any way upon the failure or inability of the principal debtor to pay. in commercial practice, the contract of a surety is infrequently used as compared with the obligation of a guarantor. [illustration: a -foot wide machine tool bay in the claremont, n. h., factories of the sullivan machinery company] = . contract of a guarantor.= anyone who agrees to answer for the debt, default, or obligation of another upon condition that the other does not or cannot pay the debt, or upon any condition whatever, is a guarantor. for example, _a_ gives _b_ the following promissory note: cleveland, ohio, nov. , . sixty days after date, i promise to pay _b_, or order, one hundred dollars. signed--_a_. the back of the note contains the following statement: i guarantee the payment of this note when due. signed--_c_. the contract of _c_ is that of a guarantor. if _a_ fails to pay the note when due, and _b_ demands payment of _a_, and promptly notifies _c_ of _a's_ failure to pay, _c_ is liable. technically, _c_ need not be notified, but it is good business practice to give him notice. _c's_ liability depends upon _a's_ failure to pay the note when due. _c's_ liability is a conditional one as distinguished from the liability of a surety, which is absolute. contracts of guaranty are commonly used in commercial affairs. in obtaining credit, contracts of guaranty are common. they may be used apart from promissory notes or negotiable instruments. any kind of an obligation or contract of another may be guaranteed. a retail dry goods merchant desires to purchase $ , . worth of goods from _b_, a wholesaler. _b_ does not know _a_, but knows _c_, a friend of _a_. _b_ offers to sell _a_ the goods on credit, on condition that _a_ furnish him a letter of guaranty signed by _c_. _a_ furnishes _b_ the following guaranty, signed by _c_: mr. b., new york city. on condition that you sell _a_ an order of goods which he may select, i hereby guarantee the payment of the amount thereof, not to exceed $ , . in amount. signed _c_. by this contract, _c_ binds himself to pay _b_ the purchase price of the goods, not exceeding $ , . , if _a_ fails to pay same. contracts of guaranty are of many kinds. they are frequently given to secure contracts of personal service, for the construction of buildings, for mercantile transactions, or in fact for any kind of business transaction. they are contracts, and must contain all the elements of a simple contract, such as consideration, mutuality, competent parties, etc. if a contract of guaranty is given at the time the original contract is made, and is a part of the same transaction, the consideration which supports the original contract supports the contract of guaranty. otherwise, the contract of guaranty must be supported by a separate consideration. = . contract of an indorser.= one form of suretyship obligation, or obligations, to answer for the debt or default of another, is that of an indorser to a negotiable instrument. the contract of an indorser differs from that of a guarantor, and from that of a surety. for example, _a_ gives the following promissory note to _b_: chicago, ill., jan. , . ninety days after date i promise to pay to the order of _b_, one thousand dollars. signed _a_. _b_ indorses the note by writing his name across the back thereof, and delivers it to _c_ for $ . . the contract now existing between _a_, _b_, and _c_, is one of suretyship, in which _a_ is principal, _b_ creditor, and _c_ promisor. a promisor in suretyship may be either a surety, a guarantor or an indorser. in this particular case the obligation of _c_, the promisor, is that of an indorser. the principal obligation of _c_ to _b_ is that if the note is presented for payment to _a_ at maturity, and upon _a's_ failure to pay, due notice is promptly given to _c_, _c_ will be responsible to _b_ for the amount due on the note. an indorser is also liable upon certain implied warranties in addition to his primary liability as above set forth. in the language of the courts, the technical liability of an indorser is as follows: "i hereby agree by the acceptance by you of title of this paper, and the value you confer upon me in exchange, to pay you, or any of your successors in title, the amount of this instrument, providing you or any of your successors in title present this note to the maker on the date of maturity, and notify me without delay of his failure or refusal to pay. and i warrant that all the parties had capacity and authority to sign, and that the obligation is binding upon each of them. and i will respond to the obligation created by these warranties even though you do not demand payment of the maker at maturity, or notify me of default." an indorser is usually defined to be one who writes his name on a negotiable instrument for the purpose of passing title. by so doing, he agrees to answer for the debt of another. that is, he agrees conditionally to pay the obligation of the maker of the instrument if the maker does not, and if the indorser is promptly notified of the failure of the maker to pay. _irregular indorser_ is the term applied to persons who sign negotiable instruments outside the chain of title. for example, if _a_ is the maker of a promissory note and _b_ is the payee, and _c_ places his signature on the back of the note, _c_ is an irregular indorser. he signs outside the chain of title. _b_ is the one who must first place his signature on the back of the note to transfer title. the courts of the different states have not been in harmony in fixing the liability of an irregular indorser. some make his liability that of a surety, some that of a guarantor, and others that of an indorser. many of the states at the present time have statutes regulating the making and transfer of negotiable instrument. the codes generally fix the liability of an irregular indorser to be that of an indorser. = . consideration to contracts of suretyship.= an agreement to answer for the debt, default, or obligation of another, to be binding, must constitute a contract. it must contain all the elements of a simple contract, including a valuable consideration. a valuable consideration may be defined to be anything of benefit to the one making the promise, or anything of detriment to the one to whom the promise is made. a promise made in return for a promise, usually termed "a promise for a promise," is considered a valuable consideration as well as something of value actually given to the one making the promise. a consideration need not be adequate. it need not be commensurate with the obligation entered into. in the absence of fraud, a consideration of one dollar will support a contract for $ , . as well as an actual consideration of $ , . . in a suretyship contract, three persons are concerned; the party owing the original debt, the one to whom the debt is payable, and the one promising to answer for another's debt. by reason of the third party to a suretyship contract, the question of consideration is sometimes confusing. if the obligation of the promisor, or the party agreeing to answer for the debt of another, is made at the same time, and is a part of the same transaction as the contract between the original debtor and his creditor, the consideration supporting the contract between the original debtor and the creditor supports the contract of the promisor. for example, if _a_ endeavors to purchase $ . worth of goods of _b_, and _b_ refuses to make the sale unless _c_ signs a contract of guaranty for the value of the goods, and _c_ signs such a contract of guaranty which is delivered to _b_ before the goods are delivered, the consideration, namely the receipt of $ . worth of goods delivered to _a_ which supports _a's_ promise to _b_, will support _c's_ promise to _b_ to pay the $ . , if _a_ fails to pay it. if the suretyship contract is entered into after the original obligation is incurred, and independently of it, there must be a separate and independent consideration to support it. for example, if _a_ purchases $ . worth of goods from _b_, agreeing to pay for them in thirty days, and after fifteen days have elapsed after delivery of the goods, _b_, fearing _a_ is insolvent, asks him to furnish a guaranty of _c_, _c_ must receive a valuable consideration to support his contract of guaranty, separate and distinct from the consideration which supports _a's_ obligation to _b_. = . contract of suretyship must be in writing.= about , the english parliament passed a statute known as the statute of frauds. among other things this statute required contracts of suretyship to be in writing to be enforceable. the statute was in part as follows, "no action shall be brought whereby to charge the defendant upon any special promise to answer for the debt, default or miscarriage of another person unless the agreement upon which action shall be brought or some memorandum or note thereof shall be in writing, signed by the party to be charged therewith or some person thereunto by him lawfully authorized." the states of this country generally have re-enacted this statute. an oral contract of suretyship is not void. the parties may voluntarily carry it out if they choose. the law does not make it illegal. the law simply says that it is not enforceable. if an action is brought by a party on an oral contract of suretyship and the other party objects for that reason, the court will not enforce the contract. to satisfy the statute of frauds it is not necessary that the entire contract be in writing, but the substance must be stated, and the writing must be signed by the one promising to answer for the other's obligation. a promise to pay one's own debt is not within the statute of frauds, and need not be in writing to be enforceable. if a promise is made for the primary purpose of benefiting the promisor, even though it takes care of the debt of another, it is regarded as an original promise of the promisor, and need not be in writing. = . general, special, limited and continuing guaranties.= guaranties may be directed to some particular person or firm, or may be addressed to anyone who desires to accept them. an open guaranty, or one addressed to anyone is called a _general_ guaranty. a guaranty addressed to a particular person or firm is called _special_ guaranty. in case of a special guaranty, only the person to whom it is addressed can accept it. anyone can accept a general guaranty. a letter of guaranty addressed, "to whom it may concern," is a general guaranty, while one addressed to "the _a. b._ co.," is a special guaranty. a guaranty limited as to time, either by specifying the date on which it is to expire, or by specifying the number of transactions or the transactions it is to embrace, is a _limited_ guaranty. if no limit of time or of number of transactions is placed therein, it continues until withdrawn by the guarantor. this is called a _continuing_ guaranty. = . notice to guarantors.= a guarantor may be entitled to two kinds of notice. he may be entitled to notice of acceptance of the guaranty, and he may be entitled to notice of default of his principal. the first is called notice of acceptance of a guaranty, the second, notice of default of a guaranty. if a person stipulates in his letter of guaranty that he requires notice of acceptance of his guaranty, the creditor must give him such notice to hold him. without such stipulation he is not, in most jurisdictions, entitled to notice. _a_ addresses the following letter of credit to _b_: cleveland, o., jan. , . mr. b. give a credit at your store to the amount of $ . . i will pay you if he does not. signed--c. the letter of guaranty does not require _b_ to notify _c_ of its acceptance. in the federal courts, the rule requires notice of acceptance of guaranties. it is sound business practice always to notify a creditor of acceptance of a guaranty. if a letter of guaranty contains a stipulation that the guarantor is to receive notice of default of his principal, such notice must be given, or the guarantor will be discharged to the amount of his damage resulting from failure to receive this notice. in case of guaranties involving the payment of a definite amount at a definite time, for example, in case of guaranty of payment of a promissory note, no notice is necessary on the part of the creditor to the guarantor of the failure of the principal to pay. in other cases it may be stated as a general rule that notice should be given the guarantor of default of his principal. it is safe business policy for a creditor to give notice to a guarantor of default of payment on the part of his principal. = . defense of payment.= suretyship obligations are obligations to answer for the debts or default of another. they may be in the form of a contract of a surety, of a guarantor, or of an indorser. certain things constitute suretyship defenses. they apply equally to a surety, a guarantor and an indorser. if a principal debtor pays or settles the debt which another promises to pay, the promisor is thereby discharged. payment by a principal is a complete suretyship defense. for example, _a_ owes _b_ $ . . _c_ in writing promises to pay _a's_ debt when it is due. _a_ pays _b_. _c_ is thereby discharged. = . defense of granting extension of time to principal.= if a creditor enters into a contract by which the principal is given an extension of time, the promisor is released. this does not mean mere delay in enforcing the collection of the principal debt, nor does it mean leniency of a creditor with his debtor. if, however, a creditor makes a contract based upon a valuable consideration, by which the principal debtor is granted an extension of time within which to pay his debt, the promisor is discharged. for example, if _a_ owes _b_ $ , . on march st, and _c_ in writing promises _b_ to pay if _a_ does not, if _b_ does not collect from _a_ on march st, but lets the debt run until march th or indefinitely, _c_ is not thereby discharged. if, however, _b_ in consideration of _a's_ promise to pay him interest at a certain rate after march st, extends the time until april st, _c_ is discharged. to discharge the promisor, the agreement with the principal to extend the time of payment must be based upon a valuable consideration, and must be for a definite time. = . defense of fraud and duress.= fraud practiced by the creditor upon the principal or upon the promisor is a defense to the promisor. for example, if _a_ is indebted to _b_ and _c_ guarantees _a's_ debt, and if _b_ procured the contract with _a_ by fraud, or procured the guaranty from _c_, by fraud, _c_ can avoid the contract of guaranty by reason of the fraud. if the fraud is practiced by the principal upon the promisor, it is no defense to the promisor as against the creditor. for example, if _c_ guarantees _a's_ debt to _b_ and the guaranty is procured through the fraud of _a_ without _b's_ knowledge or consent, the fraud will not avail _c_ as a defense to an action brought by _b_ upon the guaranty. the same is true of duress. for a fuller explanation of fraud and duress see sections on _fraud_ and _duress_ under _contracts_. = . surety cannot compel creditor to sue principal.= unless so provided for by statute, a promisor to a suretyship contract cannot compel a creditor to sue a principal when the debt secured is due, or claim his discharge for failure on the part of the creditor to comply with this request. a few states provide by statute that a promisor may by notice compel a creditor to sue a principal upon a suretyship obligation when due, or be discharged for his failure so to do. = . surety companies.= at the present time, corporations are organized for the purpose of entering into suretyship obligations for profit. bonds of public officials as well as of private individuals, judicial bonds given in appeal of cases at law from one court to a higher court are commonly signed by surety companies. these companies, for an agreed annual consideration called a _premium_, sign as surety these bonds for responsible individuals. sureties were once said to be favorites of the law. this was for the reason that individual sureties signed private, official or judicial bonds as a favor to the principal, ordinarily without receiving any compensation therefore. when a liability arose the surety escaped if possible, since it was not his obligation, but another's which he was called upon to pay. the courts favored him and technical defenses were recognized which were not recognized as a defense by persons primarily liable. in the case of surety companies, however, there is no reason for this favoritism, since the surety engages in the contract for a consideration, and not as a favor to anyone. the tendency of the courts is to hold surety companies strictly to the terms of their contracts. = . subrogation.= by _subrogation_ is meant the substitution of the promisor for the creditor in case the promisor to a suretyship obligation pays his principal's debt. for example, if _a_ signs a guaranty by the terms of which he agrees to pay _b's_ debt to _c_, when the debt is due if _b_ fails to pay it, and _a_ pays it, _a_ is placed in _c's_ position and may collect the debt from _b_. any securities of _b_ that _c_ held for the debt now belong to _a_. if _c_ has a judgment against _b_ for the debt, _a_ is subrogated to the judgment and may himself enforce it. = . indemnity.= the law implies a contract on the part of the principal to a suretyship contract to pay the promisor when the latter pays the suretyship obligation. for example, if _a_ guarantees _b's_ debt to _c_, as soon as _a_ is obliged to pay _c_, and does pay _c_, _a_ may sue _b_ on an implied contract of indemnity for the amount he has paid _c_. = . contribution.= _contribution_ is the term applied to the right of one of two or more co-promisors to a suretyship obligation to secure a _pro rata_ share from his co-promisors of the amount he is obliged to pay the creditor on a suretyship contract. for example, if _a_, _b_ and _c_ guarantee _d's_ debt of $ . to _e_, and when the debt is due, _e_ sues _a_ and collects $ . from him, _a_ can sue _b_ and _c_ for $ . each. if _a_ pays _c_ only $ . he can collect nothing from _b_ and _c_, since this is only his share of the debt. but if _a_ settles the debt with _c_ for $ . , he can recover one third the amount from both _b_ and _c_. _a_ can pay the debt when it is due, without waiting for suit if he so desires, and proceed to collect one third the amount from both _b_ and _c_. personal property = . personal property in general.= personal property is the term applied to property other than real estate. it may be either tangible or intangible. personal property is sometimes divided into _chattels real_ and _chattels personal_. chattels real are interests in real estate not amounting to ownership. real estate mortgages and leases are common examples of chattels real. chattels personal embrace all personal property other than chattels real. every thing subject to ownership not connected with the land is included in the classification of chattels personal. promissory notes, personal apparel, furniture, tools and animals are common examples. chattels personal are of a tangible, or of an intangible nature. they are mere rights, or they are things which may be handled and used. a promissory note, a contract, or a mortgage is a right as distinguished from a thing in possession. these rights are sometimes called _choses in action_, while tangible articles of personal property, such as watches, chairs and horses are called _choses in possession_. the law relating to personal property is discussed at length under the sections on _sales of personal property_, _pledges_, _chattel mortgages_, _carriers_ and _wills_. = . acquisition of title and transfer of personal property.= title to personal property may be acquired in several ways, chief among them being by contract, by possession, by gift, and by operation of law. if _a_ purchases a carriage from _b_, the transaction is a sale of personal property and _a_ is entitled to possession of the carriage by reason of the contract. title to the carriage is given to _a_ by contract. title to some kinds of property is acquired by possession. title to wild animals is acquired by possession. the same is true of fish. title to lost property, except as against the owner, is acquired by possession. title to property is also acquired by voluntary gift on the part of the owner. if _a_ dies possessed of articles of personal property, the property passes to his personal representative to be turned into money to pay _a's_ debt, or to be distributed in the form of money, or without being sold, to _a's_ descendant designated by law. this is known as acquiring personal property by succession, or by operation of law. personal property may also be transferred in specie by will. sales = . sale defined.= a transfer of title of personal property is termed a _sale_. by title is meant ownership. mere possession of personal property does not constitute ownership, neither does right to possession constitute ownership. one may lease personal property, and by means of the lease have the right to possession, while the title or ownership is in another. one may find or borrow personal property, obtaining possession while the title or ownership remains in another. the transfer of the title or ownership of personal property as distinguished from the transfer of mere possession or the right of possession, constitutes the subject of _sales_. a sale may be defined to be a contract by which the title to personal property is transferred for a consideration in money, or money's worth. this transfer of title to personal property may be entirely independent of the transfer of possession. one may make a sale of personal property by which the purchaser takes the title while the possession remains in the seller, or in some third person. when, and under what circumstances the title passes is an important question. a sale of personal property ordinarily gives the purchaser the right to immediate possession of the property. the time the title actually passes to the purchaser does not depend upon the time the property is delivered to the purchaser, but upon the intention of the parties to the contract of sale. a sale is a contract requiring all the elements of a simple contract. there must be a meeting of the minds of the contracting parties, a valuable consideration, competency of parties, etc. (see _elements of a contract_, chapter on contracts.) _ ._ _sale distinguished from a contract to sell._ a sale is a contract by which the title passes to the purchaser at the time the sale is made. a contract to sell is a contract by which the title passes to the purchaser at a future time. a sale is a present transfer of title or ownership to personal property. a contract to sell is an agreement to pass the title or ownership to personal property to another at a future time. the practical distinction is in determining upon whom the loss falls in case the goods are destroyed or injured by fire, or other accident. in case of a sale, title or ownership passes to the purchaser, even though possession remains in the seller. if the goods are lost by fire, without fault of the seller, the purchaser bears the loss. in case of a contract to sell, the title or ownership does not pass to the purchaser until the time for fulfilling the contract has arrived, and until the conditions of the contract are fulfilled. if the goods are lost before the contract is carried out, the loss falls on the seller. for example, _a_, a farmer, sells ten barrels of apples to _b_. _b_ examines the apples, selects the ten barrels, pays _a_ the stipulated price, and says he will call for them the following day. before _b_ calls, the apples are destroyed by fire, without fault of _a_. _b_ must stand the loss. the title or ownership passed to him when the sale was made. if _b_ calls on _a_ and enters into a contract by the terms of which _a_ agrees to deliver at _b's_ residence ten barrels of apples the following day, at an agreed price, and the apples are destroyed by fire before _a_ delivers them, the loss falls on _a_. this is a contract to make a sale, not a sale. title to the apples does not pass to _b_ until they are delivered by _a_, according to the terms of the agreement. parties may agree that title may pass at a certain time, or upon the performance of a certain condition. in this event, title does not pass until the time mentioned arrives, or the condition is fulfilled. in the majority of sales of personal property, the parties do not set forth the terms and conditions fully. in the absence of an express agreement or custom to the contrary, parties are presumed to intend the title or ownership to pass to the purchaser at the time the sale is made. = . sale distinguished from barter.= a sale is an agreement to transfer the title of personal property for a consideration in money, or for something measured by a money standard. an agreement to exchange goods, or an exchange of goods, is a _barter_, and not a sale. the distinction is technical, but serves some useful purposes. if _a_, for a consideration of $ . , purchases a car of cabbage from _b_ in nashville, to be delivered in cleveland, june th, and the car does not arrive, _a_ may go into the nearest market, and purchase a car of cabbage of the same quality, and collect the difference between the market price and contract price from _b_. if _a_ is obliged to pay $ . for the cabbages, he can collect $ . from _b_. if, on the other hand, _a_ agrees to give _b_ a horse for a car of cabbages, no price having been fixed on the horse or on the cabbages, and _b_ fails, and refuses to carry out the contract, _a_ must sue _b_ on the contract, and collect as damages such amounts as he is able to show he lost by reason of _b's_ failure to carry out the contract. salesmen are commonly employed to sell goods. this means to sell for money, and unless they are expressly authorized to barter or exchange goods, attempted exchanges are without authority, and do not bind their principal. = . conditional sales.= the term, _conditional sale_, has come to have a technical meaning. articles of merchandise, such as sewing machines, cream separators and cash registers are commonly sold under a special contract, by which possession is given the purchaser, and the title by express agreement remains in the seller until the entire purchase price is paid. the purpose of this form of contract is to obtain security for the purchase price of the article sold. in the absence of statutory regulations, if the purchaser does not pay the purchase price at the agreed time, the seller may take possession of the property. it is the custom of sellers using this form of contract to require the purchaser to sign a contract stipulating that the purchase price be represented by promissory notes of the purchaser, payable in installments, and that the title is to remain in the seller until the entire purchase price is paid. if the purchaser defaults in any one of his installments, by the terms of the contract all the remaining installments at once become due. this form of contract worked many hardships. purchasers were required to make a substantial payment in advance. if they succeeded in paying practically all the installments, but defaulted in one, the seller could take possession of the property, causing the purchaser to lose all he had paid. this form of contract proved so unconscionable in some of its workings that the legislatures of most states have passed statutes requiring conditional sale contracts to be filed with a public official to be enforceable, and do not permit the seller to take possession of property without repaying the purchaser the amount already paid less the actual damage the property has sustained. this damage usually cannot exceed % of the original selling price of the property. = . sale distinguished from a bailment.= possession of personal property is frequently given another, for the purpose of having work performed on it, to be used by another, to secure a debt, or to be protected or preserved without transfer of title. such a transaction is called a _bailment_. it is discussed more at length under a separate chapter. a bailment does not constitute a sale, in that there is no transfer of title, or ownership of the personal property, possession of which is given to another. for example, _a_ hires the use of a horse and carriage from _b_, a liveryman, for two days. _a_ secures possession of the horse and carriage. he has the right to retain possession of them for two days, and has the right to use them for the purpose hired. he cannot sell them, however, nor can he do anything inconsistent with _b's_ ownership. this transaction is a bailment. = . what may be the subject of a sale.= any article of personal property having a present existence may be sold. it matters not, whether it is a chose in possession, or chose in action. by _chose in possession_ is meant a tangible piece of personal property as distinguished from a mere right. a horse, plow, chair or desk is an example of a chose in possession. a promissory note, a contract or mortgage is an example of _chose in action_. either may be the subject of a sale. the distinction between a sale or present transfer of title to personal property, and a contract to make a sale, must be borne in mind. if _a_ sells his horse to _b_ for $ . , in the absence of any agreement as to delivery the title to the horse passes to _b_ as soon as the contract is made. this transaction is a sale. if _a_ promises to sell his horse to _b_ the second of next month, if _b_ will agree to pay him $ . when the horse is delivered the second of next month, and _b_ so agrees, the contract is not a sale, but a contract to make a sale. articles of personal property, to be made or manufactured, are not the subject of a sale. business men commonly make contracts to sell goods in the future which they do not have in stock, but expect to manufacture, or purchase elsewhere. such contracts are not sales. the title to the goods does not, and cannot pass to the purchaser when the contract is made. they are mere agreements to make sales in the future. they are treated the same as ordinary contracts, not as present sales. if the goods are destroyed before they are completely manufactured, the seller stands the loss, since the title has not passed from him. if a person agrees to sell in the future goods to be manufactured, and fails to deliver the goods specified in the contract, the buyer has the usual remedy. he may purchase the goods in the market nearest the place of delivery at the time of delivery, and sue the seller for the difference between the contract price and the market price. the buyer is not obliged actually to purchase the goods to enable him to bring suit against the seller. he may bring a suit against the seller for the difference between the price he contracted to pay for the goods and the market price at the time and place of delivery. crops to be grown are not the subject of present sale. crops planted, but not matured, may be sold. title to the crops at the present stage of their existence passes to the buyer. = . statute of frauds, or contracts of sale which must be in writing.= one section of the english statute of frauds applied to sales. this statute was passed in england about . the seventeenth section, which applies to sales of personal property, is as follows: and be it further enacted by aforesaid authority, that from and after the four and twentieth day of june, no contract for the sale of any goods, wares or merchandise for the price of ten pounds sterling, or upwards, shall be allowed to be good except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or that some note or memorandum in writing of said bargain be made, and signed by the parties to be charged by such contract, or their agent thereunto lawfully authorized. the states, generally, have a statute modelled after this section of the english statute, and providing that contracts for the sale of personal property, the price of which exceeds fifty dollars, shall not be enforceable unless a memorandum of the contract be made and signed, except there be a delivery of at least a part of the property, or except something be paid by the purchaser to bind the bargain. some of the states have no statute of frauds containing a provision relating to the price of the goods. in many of the states, the valuation fixed by statute exceeds fifty dollars. where the statute exists, contracts which are not in writing are not void. they are merely voidable. the parties may voluntarily carry them out if they so choose. the law does not prohibit them, but if one party refuses to recognize the contract, the other party cannot enforce it by an action at law. a portion of the fourth section of the english statute of frauds provides that contracts, by their terms not to be performed within one year from the time of the making thereof, must be in writing to be enforceable. the states, generally, have a similar statutory provision. this statute applies to sale of personalty as well as to real estate. if the contract can be performed within one year, it is not within the provisions of the statute. = . delivery of personal property sold.= in the absence of any express agreement to the contrary, there is an implied agreement, on the part of the seller, to deliver personal property sold, when the purchaser pays the price. by delivery is meant placing the personal property at the disposal of the purchaser. it must be borne in mind that in a contract of sale of personal property, title or ownership passes to the purchaser at the time the sale is made, even though possession remains in the seller. this gives the seller the right to obtain possession of the goods upon paying the price. if the goods are destroyed without fault of the seller after the sale, and before delivery, the loss falls on the buyer. if _a_ offers to sell _b_ his wagon for $ . , and _b_ accepts, nothing being said about delivery, the title to the wagon passes at once to _b_. if it is destroyed without fault of _a_, the loss falls on _b_, even though _b_ has not paid the price or received possession of the wagon. _b_ is entitled to possession of the wagon when he pays _a_ $ . . _a_ is not obliged to give _b_ possession of the wagon, even though _b_ is the owner of it, until he receives the price, $ . . in the above example there is no stipulation about delivery. the parties make a sale, agreeing upon the price and thing to be sold, nothing being said about the delivery. the law in such cases impliedly requires the seller to deliver when the price is paid, and not until then. in many contracts, however, the time, place, and manner of delivery are stipulated in the contract. sometimes usage and custom supply these things when the parties do not expressly so stipulate. when a time, place, or manner of delivery by the seller is stipulated in a contract, either by express agreement, or by usage and custom, title to the property usually does not pass to the buyer until the time has elapsed, and until the seller has delivered according to the manner stipulated, or has tendered delivery. a stipulation in a contract of sale that the seller shall deliver at a particular time or place, or in a particular manner is deemed to show an intention on the part of the parties that title shall not pass until the seller has so delivered. if the seller refuses to accept the goods or pay the price, an offer to deliver by the seller is equivalent to a delivery. the seller, on the other hand, is not obliged to give up possession of the goods until he receives the agreed price. if the seller agrees to give the buyer credit, this rule is not applicable. if no time of delivery is mentioned, delivery must be made within a reasonable time, depending upon the circumstances connected with the particular contract. when delivery is to be made in installments, failure to pay for one installment ordinarily entitles the seller to refuse to deliver the balance, or if the seller refuses, or fails to deliver the first installment, the buyer may refuse to accept subsequent installments. the buyer is not obliged to accept anything except the article ordered. if more or less is tendered him, he is not bound to accept. if he accepts more or less, he is bound to pay the reasonable value of the same. if no place of delivery is mentioned, the presumption is that delivery is to be made at the place where the property is located at the time the sale is made. the mere fact that delivery is to be made in the future does not prevent title from passing at the time the sale is made. there must be something in addition to the fact of future delivery to delay the passing of the title until the time of delivery. if _a_ purchases an automobile from _b_, making the selection, delivery to be made the following thursday, title passes at once to _a_. if the automobile is destroyed by fire, or injured without _b's_ fault, the loss falls on _a_. if, however, _b_ is to do anything with the property, or is himself to make delivery, this shows an intention on the part of the parties that title is not to pass until delivery is made. = . when title passes.= the question of when title to personal property, the subject of a sale, passes to the purchaser is important in determining upon whom the loss falls, if the property is destroyed, stolen, lost or levied upon by judgment of attaching creditors. title or ownership to property sold does not depend upon possession. personal property may be sold, and title or ownership may pass to the purchaser, while the seller still has possession, as well as the right to possession. the general rule is that title or ownership of personal property sold passes to the purchaser at the time the parties to the sale intend it to pass. if their intention is expressed, it governs, and the question is settled. in the great majority of sales, however, the parties do not expressly determine when title shall pass and this must be presumed from the circumstances. for example, if _a_ offers _b_ $ . for a certain harness which is selected, and _a_ accepts the offer, nothing being said about the delivery or payment, or when title or ownership shall pass to _a_, the law presumes it to be the intention of the parties that title shall pass when _b_ accepts _a's_ offer--and from that time, the harness belongs to _a_. _b_, however, has the right to retain possession of the harness until _a_ pays him the purchase price of $ . . when _a_ offers _b_ the $ . at the place where the harness was located when the sale was made, _b_ must give _a_ possession. _b_ is not obliged to deliver at any other place. if, however, _a_ offers _b_ $ . for _b's_ harness, which is determined upon and selected, _b_ to deliver same at _a's_ place of business the following evening, this shows an intention on the part of the parties that the title is not to pass to _a_ until _b_ delivers the property to _a_ the following evening. a tender or offer by _b_ to deliver the property to _a_ the following evening, passes title and places the property at _a's_ risk. if, however, delivery is to be made merely in the future, not requiring the seller to take the property to any particular place, the fact that delivery is to be made in the future does not prevent title passing to the purchaser at once. if _a_ purchases _b's_ harness for $ . , the harness having been selected, delivery to be made in five days, title passes at once to _a_. [illustration: cook county building, chicago, ill. holabird & roche, architects, chicago, ill. building completed in . cost, $ , , . length, ft.; width, ft.; height, ft. eleven stories, with sub-basement connecting with tunnel system and electric railroad service underlying business portions of city. walls, gray vermont granite; spandrel sections, green terra-cotta. the corinthian columns on the exterior are ft. long and ft. in diameter. general interior plan is that of letter e. building contains its own electric-light and steam-heating plants. city hall, shown at left, is practically a duplicate of the old county building replaced by this new structure, and will itself be replaced by a similar building. photographed june, , months after excavation was started.] _a_ is obliged to offer _b_ $ . at the expiration of five days, and _b_ must give possession to _a_. if the article sold is to be prepared for delivery, or any work is to be performed on it by the seller before delivery, title does not pass until this work has been completed. if the goods are to be weighed or measured to determine the quantity or price, title does not pass to the purchaser until this has been done. probably, if the goods are determined upon, and the entire mass is sold and delivered to the seller who is to weigh or measure it to determine the quantity only, the title passes upon delivery. if the contract, sale provides that goods are to be delivered to a carrier, delivery to the carrier passes title to the purchaser. delivery to the carrier must be made so as to protect the interests and rights of the purchaser. the goods must be properly packed, and the proper kind of a bill of lading taken. if goods are sold upon approval, or upon trial, they must be approved or tried before title passes. if a portion of goods in mass or bulk is sold and the mass or bulk contains different qualities, the portion purchased must be separated and selected before the title passes. if a portion of goods in bulk is purchased, the bulk being of the same quality, separation of the portion sold is sufficient to pass title. some courts even hold that separation is not necessary to pass title, if the bulk is of the same quality. title to goods to be manufactured does not pass until the goods are manufactured and tendered. = . when payment of price must be made.= parties to a contract of sale may expressly agree upon a time of payment of the article sold. in this event, the time agreed upon prevails. in the absence of an agreed time of payment, the law presumes that payment is to be made at the time and place of delivery. the seller may retain possession of goods sold, until he receives payment of the agreed price, even though title has passed to the purchaser. if the sale is made on credit, the purchaser cannot be required to pay until the time for which he was to be given credit has expired. in the absence of an agreed time for payment, payment must be made at the time of delivery of the goods. if the seller reserves any control over the goods, title remains in him. for example, if he is to ship the goods to another, and if he takes the bill of lading in his own name instead of the name of the purchaser, title remains in the seller. = . effect of fraud upon a contract of sale.= fraud has been defined by a prominent author to be "a false representation of facts, made with a knowledge of its falsehood, or recklessly, without belief in its truth, with the intention that it should be acted upon by the complaining party, and actually inducing him to act upon it." if a party innocently makes a representation, even though it proves to be false, the representation is not fraudulent unless the party making the representation should have known, or could easily have discovered, its falsity. if _a_ endeavors to buy goods from _b_, and tells _b_ that he is worth $ , . , when in fact he is worth nothing, and _b_ relying upon _a's_ statement, sells the goods to _a_, _b_ is entitled to rescind the contract by reason of the fraud. he may sue and recover the price of the goods, or he may retake the goods from the buyer. (see _rescission_ under chapter on contracts.) if the goods have been sold to a third party who purchases for value and without notice of the fraud, the original seller cannot take the goods from him. a sale procured through fraud is voidable, and not void. the seller may avoid the sale if he chooses. that is, title vests in the purchaser subject to being retaken by the seller, if he chooses, when he discovers the fraud. if a third person innocently purchases the goods before the original seller rescinds the contract, the last purchaser's title cannot be disturbed. the seller may permit the purchaser to keep the goods, and bring an action for damages based upon deceit. one kind of a sale frequently induced by fraud is void, absolutely, and not voidable. if a person fraudulently induces another to believe that the purchaser is someone else, and purchases goods under this representation, no title passes from the seller, and he may recover the goods from an innocent purchaser. = . rule of caveat emptor, or let the purchaser beware.= one who purchases chattel property from anyone except the grower or manufacturer of the article in question, which is inspected by the purchaser, or may be inspected by the purchaser, purchases at his own risk. if the article turns out to be of poor quality or worthless, in the absence of fraud or warranty, the purchaser has no redress. this rule is called the _rule of caveat emptor_, (let the purchaser beware). its purpose is to decrease litigation, and make men rely upon their own judgment. if a purchaser is unwilling to rely upon his own judgment, he must exact a warranty from the seller. in the absence of warranty or fraud, the purchaser must abide by the result of his purchase. if the article purchased has defects apparent to anyone upon inspection, the purchaser cannot complain. he should have seen the defects. if the defects are not apparent upon inspection, he must bear the loss. he should have required the seller to warrant the goods against latent defects, if he was unwilling to purchase on his own judgment. in all sales by an owner, however, title to the goods is impliedly warranted, and in case of sale of goods grown or manufactured by the seller, there is an implied warranty against latent defects. in all other sales, the purchaser buys at his own risk, and has no redress against the seller unless the latter warrants the goods. warranties are discussed in the following section. = . express warranty.= contracts of sale often contain collateral agreements called _warranties_. warranties are either express or implied. an _express_ warranty is an agreement in addition to the ordinary agreement to transfer a certain chattel for a consideration in money or money's worth, by which the seller agrees that the thing sold is of a certain quality, or is in a certain condition. an express warranty is not an essential part of a contract of sale. that is, a sale containing no collateral promise to the effect that certain conditions or terms of the contract are warranted, may be made. if the contract of sale does not expressly state that the seller warrants certain terms or conditions, or does not contain words of similar meaning, the contract of sale is without express warranty. an express warranty, by express agreement, adds something to the contract of sale. this additional agreement, called an express warranty, enables the purchaser to recover damages from the seller for failure of the warranty, when he might not be able to have any redress if the sale were made without warranty. express warranties may be made orally, or in writing. if the seller, in making the sale expressly states that he warrants certain terms of the contract, or uses language which means that he intends to warrant certain terms of the contract, there is an express warranty. _a_ sells a wagon to _b_ and warrants that it will carry , lbs. of stone. if it fails to carry this amount, _b_ can recover from _a_ on this warranty. if _a_ had sold the wagon to _b_ without this stipulation, and it had failed to carry , lbs. of stone, _b_ would have no redress. a seller is permitted to express his opinion relative to the quality of the article which is the subject of the sale without making a warranty. this is called "trade talk," or "puffing." a seller is permitted to express his own opinion relative to the quality of goods he is endeavoring to sell, without having his words amount to a warranty, but if he makes positive assertions, his words will be construed as a warranty. such expressions as, _this is first class_, and _this is equal to any on the market_, are usually regarded as "trade talk" and not as warranties. = . implied warranties.= some contracts of sale carry with them _implied warranties_. these warranties are common to all sales of the particular class in question. implied warranties cannot be said to be in addition to the contract of sale, but are impliedly a part of the contract. the most common implied warranties are warranties of title, warranties of wholesomeness in sale of food, warranties in sales by sample, warranties of merchantability, and warranties of fitness of goods to be used for a particular purpose. = . implied warranty of title.= in every sale, in the absence of an express stipulation to the contrary, there is an implied warranty of title. this means that the ownership is in the seller, and that he has the right to sell the property, and that it is free from incumbrances. this, of course, does not prevent the seller from disposing of just what interest he has in the property if he expressly so contracts. for example, if _a_ negotiates the sale of a horse to _b_, and tells _b_ that he has purchased the horse a few days previously from _c_, and does not know whether there are any incumbrances on the horse, but will sell what interest he has, and if _b_ purchases on these representations, he cannot sue _a_ on an implied warranty of title if it subsequently develops that _d_ has a mortgage on the horse. if, however, _a_ offers to sell _b_ a horse, saying nothing about the matter of title, and _b_ purchases the horse, and later is obliged to yield possession to _c_, who holds a mortgage, _b_ may recover the purchase price of the horse from _a_ upon an implied warranty. formerly, a distinction was drawn between sales of property in the possession of the seller, and of property in the possession of some third person, making the seller not liable upon an implied warranty in the latter case. at present, however, the tendency of the courts is to make the seller liable upon an implied warranty, regardless of whether the property is in his possession, or in the possession of a third person at the time the sale is made. when a person sells chattel property, not as owner, but in an official capacity, or as an agent, there is no implied warranty of title. common examples of this principle are sales by a pledgee, mortgagee, sheriff, guardian, administrator, assignee, or trustee in bankruptcy. = . implied warranty of wholesomeness in sales of food.= in the sale of articles to be used for food, there is an implied warranty that the article sold is wholesome and fit for the purpose which it is sold. this rule is based upon the principle of public policy, that it is the duty of the state to protect life and health. _a_, a grocer, sold canned tomatoes to _b_, for use in _b's_ family. the tomatoes contained poisonous adulteration. _a_ was held liable in damages to _b_, for breach of implied warranty of wholesomeness of the article sold for food. some jurisdictions hold that this rule does not apply in sales of food, where the article is not sold to a consumer. that is, if the article is sold by a wholesaler to a jobber, or to a retailer, the warranty does not apply, but where it is sold by anyone to a consumer, it does apply. = . implied warranty in sales by sample.= when goods are not inspected by the buyer, but a sample is furnished him, from which he purchases, there is an implied warranty that the goods sold correspond with the sample. the fact that a sample of goods is exhibited by the seller and examined by a purchaser does not necessarily mean that a resulting sale is one by sample. the sample exhibited may not be claimed by the seller to represent in every respect the article to be furnished, or the purchaser may not desire to purchase according to the sample. to constitute a sale by sample, a sample must be exhibited by the seller upon a representation that it is a sample of the goods to be sold. if exhibited for any other purpose, the resulting sale will not be a sale by sample. the purchaser must make the purchase relying upon the sample, and with the understanding that the goods are to correspond with the sample. if the goods are present at the time the sale is made, and the purchaser inspects them, or has the opportunity to inspect them, in the absence of fraud, he cannot claim that the sale is by sample. = . implied warranty of merchantability.= where goods which have not been inspected or selected by the purchaser are ordered to be delivered in the future, there is an implied warranty that they are of average quality. this is called an _implied warranty of merchantability_. _a_ ordered a "buckeye" mowing machine of _b_, to be delivered the following week. _b_ delivered a machine which would not cut grass. _b_ was held liable to _a_ upon an implied warranty of merchantability. if _a_ had inspected the machine, and made the purchase upon his own selection, in the absence of fraud on the part of _b_, _a_ would have no redress. but, in case the article is purchased without opportunity for inspection, to be manufactured or delivered in the future, there is an implied warranty that the article is an average one of its kind. = . implied warranty of fitness of goods for the purpose for which they are to be used.= when a purchaser makes known to a seller the purpose for which the article is to be used, and the seller is himself the manufacturer or grower of the article, there is an implied warranty that the article is fit for the purpose for which it is to be used. this applies only to articles to be manufactured or delivered in the future, and not to articles inspected and selected by the purchaser. if _a_ goes to _b_, a manufacturer, and tells him he desires to have manufactured an instrument to hold liquid soap suitable for the use of workingmen in shops, and _b_ agrees to manufacture and sell such an article, there is an implied warranty on _b's_ part that the soap-holders will be suitable for the purpose for which they are to be used. if, however, _a_ furnishes _b_ plans for the manufacture of a liquid soap-holder, and orders a quantity, there is no implied warranty on _b's_ part that the articles will be fit for the purpose intended. _a_ in this case relied upon his own judgment. _b's_ contract is fulfilled when he furnishes the article according to _a's_ plans. the work must, of course, be done in a workmanlike manner, free from defects of material and workmanship. this implied warranty of fitness of an article for the purpose for which it is to be used, applies only where the purchaser reveals the purpose of the article to the grower or manufacturer who agrees to furnish such an article. it does not apply to articles furnished according to furnished plans, or to articles selected by the purchaser. = . remedies for breach of warranty.= in case of breach of warranty, the purchaser may bring a suit for damages against the seller, or he may promptly return the goods, and recover the purchase price. the latter remedy is called _rescission_. in case of breach of an express warranty, in most jurisdictions the remedy is the same as for breach of implied warranty. in some states, however, the seller is not permitted to return the goods and sue for the purchase price, but is restricted to an action for damages. = . seller's lien, delivery to carriers, and stoppage in transitu.= in case of sales for cash, the seller has the right to retain possession of the goods until he receives payment of the purchase price. if the goods are sold on credit, or if the seller agrees to deliver at a certain place, the seller must comply with his contract. but if the purchaser becomes insolvent before the goods are delivered, the seller may retain possession until paid. he is not obliged to deliver goods on credit, even though such is his contract, if the purchaser subsequently becomes insolvent. the right of a seller to retain possession of goods until the purchase price is paid is called _the seller's lien_. this lien is lost by the seller's delivery of the goods to the purchaser. if the possession is obtained by fraud on the part of the purchaser, it is regarded as no possession, and the seller may still enforce his lien by retaking possession of the property. where goods are ordered by a person in one town from a person in another town, necessitating delivery by a carrier, in the absence of express stipulation to the contrary, title to the goods passes to the vendee upon delivery of same by the vendor to the carrier. if _a_, in cleveland, orders a car of pine lumber from _b_, in milwaukee, for $ , . , title to the lumber passes to _a_ when _b_ delivers the lumber to the transportation company in milwaukee. if _a_ orders the lumber delivered f. o. b. cleveland, title does not pass to _a_ until the lumber reaches cleveland. if _a_ orders the lumber, agreeing to pay $ , . for the same, "freight allowed" to cleveland, title passes to _a_ when _b_ delivers the lumber to the transportation company in milwaukee, even though _b_ must allow _a_ to deduct the freight from the purchase price of $ , . . this question is important in determining upon whom the loss falls in case of damage of the goods while in the hands of the transportation company. the one who has the title at the time the loss occurs must stand the loss. such party may recover from the transportation company. this question is discussed in the chapter on carriers. while a seller loses his lien by delivery of possession of the goods to the purchaser, if the goods are delivered to a carrier and the purchaser becomes insolvent before the carrier delivers the goods to him the seller may stop delivery of the goods, and retake possession even though title has passed to the purchaser. the seller's lien in this event revives. by _insolvency_ is meant inability to pay one's debts. the right of a seller to stop a carrier from delivering goods to a vendee, in case of insolvency of the latter, is called _stoppage in transitu_. this question is also discussed in the chapter on carriers. a seller may enforce his lien by keeping the goods, and suing the purchaser for damages, or by selling the goods at private or public sale, with notice to the purchaser of the time and place of sale, and then by suing the original purchaser for the difference between the amount he receives for the goods on resale, and the amount the original purchaser agreed to pay. the seller may, of course, hold the goods and demand the original purchase price of the purchaser, and not yield possession until he receives the purchase price. = . remedies of seller.= the seller's lien described in the previous section is one of the remedies of a seller. if the purchaser refuses to accept the goods, the seller may keep or resell the goods, and if he receives less than the original purchaser agreed to pay, he may recover the difference as damages from the original purchaser. for example, _a_ agreed to manufacture and deliver a specially constructed cash register for _b_ for $ . . when it was completed, _b_ refused to accept same. _a_ sold it for $ . , the fair market price, and recovered from _b_, $ . as damages for _b's_ breach of contract. if the purchaser accepts the goods and fails to pay for them when due, the seller may sue and recover the entire purchase price, together with damages and expenses which are necessarily connected therewith. = . remedies of purchaser.= where title has not passed to the purchaser, if the seller refuses or fails to deliver goods according to the contract of sale, the purchaser may go into the market at the time and place of delivery and purchase goods, and if obliged to pay more than the original contract price, he may recover the excess from the seller. for example, suppose _a_ purchases five hundred pounds of lard of _b_ for $ . , _b_ agreeing to deliver the lard october th, at chicago. if _b_ fails to deliver the lard in chicago, october th, _a_ may purchase lard of the same quality in chicago, and if he is obliged to pay $ . for the same, he may recover $ . damages from _b_. if there is no market at the place of delivery mentioned in the contract, the purchaser may purchase at the nearest market. if the purchaser makes the purchase for a particular purpose, which he makes known to the seller at the time the sale is made, and he is specially damaged by reason of the failure of the seller to keep his contract, special damages may be recovered for losses arising by reason of the special circumstances. if title to the goods has passed to the purchaser, in case the seller refuses to deliver them, the purchaser may bring an action of _replevin_ to recover their possession. replevin is a possessory action. (see chapter on courts and legal remedies.) quiz questions banking, loans, money, and credits . define a _bank_. . classify banks. . how are national banks created? . what are state banks? . define and distinguish _banks of discount_, _banks of cirrculation_, and _banks of deposit_. . are most banks incorporated companies? . what are the powers of an incorporated bank? . do banks have the power to deal in real estate? . do banks have the power to collect commercial paper? . what are _bank deposits_? . is a bank required to receive deposits from any one who tenders them? . what name is applied to the person authorized to receive bank deposits? . do savings banks permit their customers to draw their deposits by check? . distinguish _general_ and _special deposits_. . define _check_. . what kinds of banks do a checking business? . by what process may a depositor withdraw money from a savings bank? . define a _paid voucher_. . when do banks return checks to their customers? . when are checks payable? . what should a customer do with paid checks when they are received from his bank? . when must checks be presented for payment? . is a bank required to pay the checks of its depositors? . if a bank refuses to pay a check what, if anything, must the holder do to hold the maker liable? . are national banks permitted to make loans on real estate? . are savings banks permitted to make loans on real estate? . define _credit_. . by what means is credit information furnished? . distinguish _credit_ and _capital_. . are forged negotiable instruments void or voidable? . is a bank liable for paying forged checks, or must the depositor whose signature is forged stand the loss? . if a forgery is not reported by a depositor until six months after it was committed, who must stand the loss? . is a bank liable if it pays a _bona fide_ holder a check payable to bearer? . under what laws are national banks created? . does the united states constitution expressly provide for the creation of national banks? . what united states officer has supervision over national banks? . are national banks furnished with circulating notes? if so, in what amounts? . in case of the bank's insolvency, what is the liability of national bank stockholders? . what rate of interest can national banks charge? . can national banks buy and sell bonds? . what penalty is imposed upon national banks for usury? . define and distinguish _savings banks_ and _trust companies_. . are clearing houses banks? what are the functions of clearing houses? . in what two ways is the term _money_ used? . what is _legal tender_? . are silver certificates legal tender? . define _discount_. . distinguish _discount_ and _purchase of negotiable paper_. . are banks permitted to purchase negotiable paper at a profit in excess of legal rates of interest? . are individuals and business concerns permitted to purchase negotiable paper at a profit in excess of legal rates of interest. . define _exchange_. . distinguish _foreign_ and _domestic exchange_. . define _interest_. . define and give an example of _usury_. . what is the usual penalty for usury? insurance . define _insurance_. . are insurance companies controlled by the legislatures of the states? . may an individual or a partnership enter into insurance contracts? . is insurance business interstate commerce if transacted between citizens of different states? . may one state exclude insurance companies of another state from transacting business within its territory? . does an insurance contract require all the elements of an ordinary contract? . in what way does an insurance contract differ from an ordinary contract? . how many parties are there to an insurance contract? . define _underwriters_. . define _beneficiary_. . name the principal kinds of insurance written at the present time. . define and give an example of _insurable interest_. . must an insurance contract be in writing to be binding? . are insurance contracts within the statute of frauds? . define _binder_. . define _warranty_ as used in an insurance contract. . distinguish warranty as used in insurance contracts from warranty as used in contracts of sale. . define _representation_ as used in connection with insurance contracts. . distinguish _warranty_ and _representations_. . does breach of warranty avoid a contract of insurance? . does breach of representation discharge an insurance contract? . define _life policy_. . define _term policy_. . define _tontine policy_. . define _marine insurance_. . what implied warranty enters into a policy for marine insurance? . define _general average_. . define _standard policy_. . if a policy of insurance contains no stipulation relative to suicide, and the insured takes the policy intending to commit suicide, and does commit suicide, is the policy enforceable? . if an insurance policy contains a suicide clause, and the insured commits suicide while insane, is the policy enforceable? . may an insurance company stipulate against suicide in such a manner as to avoid the policy if the insured suicides when insane? . define and distinguish _fidelity_ and _casualty insurance_. . what is _re-insurance_? . is a company writing a policy of re-insurance liable to the party originally insured? . may a company re-insure at greater risk than it itself has insured? . can a fire insurance policy be assigned before a loss has occurred? . can a fire insurance policy be assigned after a loss has occurred? . can a life insurance policy be assigned at any time? . define and distinguish _open_ and _valued policies_. . define _other insurance_. . what limit, if any, is placed upon the amount of life insurance a person may take? . may a person insure personal property for more than its actual value? . if a person insures his house in three different companies for two-thirds of its value in each company, in case of loss how much an he recover, if anything, on each policy? suretyship . define _suretyship_. . is a suretyship obligation a contract? . what contracts is the term _suretyship_ used to designate? . how many parties are there to a suretyship contract? . define _principal_. . give an example of a suretyship contract. . define _promisor_. . define _creditor_ to a suretyship contract. . give the different technical names that may be applied to a promisor of a suretyship contract depending upon the nature of the liability. . define _surety_. . give an example of a contract of a surety. . is the liability of a surety conditional upon that of his principal. . define _guarantor_. . _a_ promises a creditor of _b_ to pay _b's_ debt if _b_ does not. is _a's_ contract that of a surety or of a guarantor? . in commercial practice what form of suretyship contract is most frequently used, that of a surety or of a guarantor? . define _indorser_. . is an indorser's contract found outside of negotiable instruments? . is an indorser bound by any implied contract? . what are the warranties of an indorser? . is consideration a necessary element of a contract of suretyship? . if a suretyship contract is part of the transaction which it secures must it be supported by a separate consideration? . must any contracts of suretyship be in writing? . is an oral contract of suretyship illegal? . what is meant by the statute of frauds as applied to suretyship contracts? . define _general guaranty_. . define _limited guaranty_. . define _special guaranty_. . define _continuing guaranty_. . what kinds of notice may a guarantor be entitled to? . when, if at all, is a guarantor entitled to notice of default of his principal? . when, if at all, is a guarantor entitled to notice of acceptance of his guaranty by a creditor? . if _a_ is surety for _b_ upon _b's_ debt to _c_ of $ . and _b_ settles his debt with _c_ for $ . , can _c_ hold _a_ for the balance? . if _a_ guarantees _b's_ debt to _c_ of $ . due one year and with interest at %, and _b_ without _a's_ consent reduces the interest to %, is _a_ thereby discharged? . if _a_ guarantees _b's_ debt to _c_ of $ . payable in one year, and _c_ without _a's_ consent extends the time of payment six months upon _b's_ agreement to pay % interest, is _a_ thereby discharged? . is fraud practiced by the principal upon the promisor to a suretyship contract, a defense to the promisor in an action brought by the creditor? . in the absence of special statute can a promisor to a suretyship contract compel by notice a creditor to sue a principal? . are surety companies favorites of the law? . define _subrogation_. . give an example of _subrogation_. . define _indemnity_ as applied to a suretyship contract. . _a_ guarantees _b's_ debt to _c_ of $ . upon a promissory note. _b_ defaults and _a_ pays the debt. _a_ then sues _b_ for $ . upon the promissory note. is this an example of indemnity or subrogation? may _a_ sue _b_ for $ . independently of the promissory note? . define _contribution_. . _a_, _b_, and _c_ guarantee _b's_ debt to _e_ of $ . . _d_ sues _a_ and collects $ . . can _a_ sue _b_ and _c_ for $ . each? personal property . define _personal property_. . classify personal property. . distinguish _chattels real_ from _chattels personal_. . define and give an example of _chose in action_. . define and give an example of _chose in possession_. . how may title to personal property be acquired? . may a person obtain title to personal property by finding it? . how can personal property be transferred? . upon death of the owner, to whom does title to personal property pass? sales . distinguish ownership and possession of personal property. . may title and possession of personal property be in different places? . define _sale_. . how does a sale differ from a contract to sell? . _a_ promises to deliver a car of coal to _b_ the following month in consideration of _b's_ promise to pay _a_ $ . upon delivery of the coal. is the transaction a sale or a contract to sell? . in a contract to sell, if the property is destroyed by fire before the property is delivered, who stands the loss? . distinguish _barter_ from _sale_. . _a_ agrees to deliver to _b_ one hundred bushels of apples for twenty tons of coal at $ . per ton. is the transaction a _sale_ or a _barter_? . define _conditional sale_. . at the present time is a vendor of a conditional sale contract permitted to take possession of the property after % of the purchase price has been paid. . _a_ leaves his automobile at _b's_ shop for repairs. is this transaction a sale? . distinguish _sale_ from _bailment_. . what kinds of personal property may be the subject of a sale? . may personal property to be manufactured be the subject of a present sale? . what is meant by the statute of frauds as applied to sales? . what contracts of sales must be in writing? . when must personal property sold be delivered? . in the absence of any express agreement as to delivery, when and by whom must personal property be delivered? . if a sale is made in which delivery is to be made in the future may title pass to the purchaser at once? . when does title pass to the purchaser in a sale of personal property? . does the fact that delivery is to be made in the future, of itself, prevent title passing to the purchaser at the time the sale is made? . _a_ sells a desk to _b_ for $ . , agreeing to revarnish the desk and deliver same to _b_ the following saturday. when does title to the desk pass to _b_? . what, if anything, does intention of the parties have to do with the passing of title to the purchaser? . in the absence of an express agreement when must the purchase price be paid? . is the seller permitted to retain possession of the property sold until he receives the purchase price? . _b_, by means of fraud, purchases a bicycle from _a_. _b_ sells it to _c_, who does not know of the fraud. can _a_ recover the bicycle from _c_? . _a_ purchases a bicycle from _b_ telling _b_ that he is _c_. _b_ knows _c_ by reputation and thinks that he is selling to _c_. _a_ sells the bicycle to _d_. can _b_ obtain possession of the bicycle from _d_? . define _caveat emptor_. . does the rule of _caveat emptor_ apply if the seller expressly warrants the goods sold? . define _express warranty_. . _a_ sells a horse to _b_ assuring _b_ that the horse is perfectly sound. the horse has blemishes. does _a_ warrant the horse? . define _implied warranty_. . enumerate the most common implied warranties. . does an implied warranty of title accompany every sale? . _a_ purchases an automobile at a sheriff's sale. the automobile is mortgaged. may the mortgagee take the auto from _a_? if so, can _a_ recover on an implied warranty from the sheriff? . what is meant by _implied warranty of wholesomeness of food_? . does this warranty extend to any purchaser? . give an example of an implied warranty in a sale by sample. . does the implied warranty of merchantability apply when the goods are selected and inspected by the purchaser? . give an example of a sale in which there is an implied warranty of fitness for the purpose for which the goods are to be used. . does this implied warranty exist if the goods are constructed and furnished according to a model furnished by the buyer? . define _rescission of a contract_. . may a contract of sale be rescinded for breach of warranty? . generally, what is a purchaser's remedy for breach of warranty? . define _lien_. . give an example of seller's lien. . define _stoppage in transitu_. . _a_, in cleveland, orders goods of _b_ in chicago. _b_ delivers the goods to the adams express company, addressed to _a_. the goods are lost in a railway wreck. who must bear the loss, _a_ or _b_? . _a_ sells a carriage to _b_. _b_ refuses to pay for the same. if _a_ has not delivered the carriage to _b_ may he sue _b_ for damages? . _a_ purchases a carriage from _b_. _a_ tenders the price, but _b_ refuses to deliver the carriage. may _a_ obtain possession of the carriage by legal action? . may _a_ sue _b_ for damages for refusing to deliver the carriage? [illustration: a corner in the new york executive office of the western electric company occupying a part of one floor of the marshall field building] commercial law part iv bailments = . bailment defined.= a _bailment_ has been defined to be "a delivery of goods for the execution of a special object, beneficial to the bailor, the bailee or both, upon a contract express or implied, to carry out this object, and dispose of the property in conformity with the purpose of the trust." it is the giving possession of personal property to another for the purpose of having the property cared for, improved or used, with the understanding that when the purpose of the delivery is fulfilled, the property shall be returned to the bailor or disposed of according to his directions. a bailment differs from a sale in that the title to the property remains in the bailor, and possession is given the bailee, while in a sale, the title or ownership of the property is transferred to the purchaser, while possession may remain in the seller. bailment is a broad subject covering many transactions. loans, pledges, and deliveries of property of every nature, in which mere possession is given another without transfer of title are included. if _a_ leaves his watch with _b_, a jeweler, for repairs, the transaction is a bailment. if _a_ delivers property to _b_, a transportation company, to be conveyed to _c_, the transaction is a bailment. if _a_ loans his knife to _b_, the transaction is a bailment. = . parties to a bailment contract.= there are two parties to a bailment contract. the one who gives possession of chattel property to another, reserving title to himself, is called the _bailor_, and the one who receives possession of the property under these conditions is called the _bailee_. a bailment is a contract. parties to a bailment must be competent to contract. (see _competency of parties_, chapter on contracts.) parties under legal age may avoid contracts of bailment. if _a_, fifteen years of age, hires a horse from _b_, a liveryman, for one hour for $ . , _b_ cannot compel _a_ to carry out his contract if _a_ objects on the ground of infancy. but if _a_ injures the horse he is liable in damages to _b_. an infant is liable for his torts, but not for his contracts. = . classification of bailments.= bailments are usually divided into three classes; bailments for the sole benefit of the bailor, bailments for the sole benefit of the bailee, and bailments for the benefit of both the bailor and bailee. a common example of a bailment for the sole benefit of the bailor is a delivery of property to the bailee, to be kept by the bailee gratuitously for the accommodation of the bailor, or delivery of property to the bailee to have work performed on it, without compensation to the bailee. examples of bailments for the sole benefit of the bailee are loans to the bailee without compensation to the bailor. bailments for the mutual benefit of bailor and bailee include deliveries of property to carriers, pledges, renting property, or hiring the bailee to perform work on the property bailed, or hiring the bailee to care for the property. = . elements of a contract of bailment.= it is sometimes said that a bailment for the sole benefit of the bailor is not a contract by reason of there being no consideration. a consideration may consist of any benefit to the party making a promise, or any detriment to the one to whom the promise is made. the giving up of the property bailed to the bailee is considered a detriment to the bailor, even though the bailee receives no benefit. for a transaction to constitute a bailment, there must be a delivery of the property bailed to the bailee, and an acceptance by him of the property. this delivery may be actual or constructive, as by delivery of a warehouse receipt, or a bill of lading. the delivery must be sufficient to enable the bailee to secure the possession of the goods, and to control the possession during the period to be covered by the bailment, to the exclusion of the bailor. the property must be in existence to be bailed. a contract of bailment need not be express; it may be implied as well--a thief or a finder of property is a bailee for the true owner. = . title to property bailed.= the title to property bailed does not pass to the bailee. mere possession passes to the bailee. it is not necessary that the bailor have title to the property to bail it. if he has right of possession he may, under certain circumstances, bail it. _a_ may rent a livery stable, including horses and carriages, of _b_, for three years, with the understanding that he will operate the business in the usual way. _a_ does not have title to the horses and carriages, but he may hire them to _c_, or to anyone he chooses. this transaction with _c_ constitutes a bailment, in which the bailor does not have title to the property bailed. he has, however, sufficient right of possession to enter into a bailment contract. the principal distinction between a bailment and a sale of personal property is that, in the latter case, title passes to the purchaser regardless of change of possession of the property, while in the case of a bailment, possession of the property must pass to the bailee, while title is not disturbed. = . bailments for the sole benefit of the bailor.= where personal property is deposited with another for safe keeping, or for the purpose of having work performed on it, without compensation to the bailee, the transaction is called a bailment for the sole benefit of the bailor. the liability of a bailor for the loss or injury of property intrusted to his care, depends upon the nature of the property itself, and upon whether the bailee receives compensation for his services. three degrees of care and negligence, respectively, are recognized in bailments; slight, ordinary and great care, and gross, ordinary and slight negligence. what constitutes ordinary care or negligence is determined by considering what a man of ordinary prudence would do under the circumstances in question. any case of negligence above or below this standard constitutes great care or gross negligence. if _a_, in going to lunch, leaves his umbrella in _b's_ office, and the umbrella is stolen, _b_ is not liable to _a_, if he exercised slight care. if _a_, a lawyer, is obliged to go to police court to try a criminal case, and leaves his diamond pin with _b_, a brother attorney, _b_ is obliged to exercise only slight care, as in the case of the umbrella, and is liable only for gross negligence. but slight care means a much greater degree of care in case of the diamond pin than in the case of the umbrella. in case of a bailment for the sole benefit of the bailor, the bailee is obliged to exercise only slight care, and is liable only for gross negligence. he receives no compensation for the service, and for this reason is not obliged to exercise a great degree of care. property cared for gratuitously for the accommodation of the bailor, or to be carried to some place, or to have something done to it gratuitously, constitutes this class of bailments. = . bailments for sole benefit of bailee.= property loaned to a bailee for the latter's accommodation constitutes a bailment for the sole benefit of the bailee. _a_ borrows _b's_ horse to drive to _y_. _a_ pays _b_ nothing for the use of the horse. _a_ must exercise great care in the use of the horse, and is liable to _b_ for slight negligence. it is no defense, in case the horse is injured while in _a's_ possession, that _a_ acted as an ordinarily prudent man would act under the circumstances. he must act as an ordinarily prudent man would act when exercising great care. if, from the circumstances connected with the injury to the horse, it is determined that an ordinarily prudent man would have been guilty of slight negligence in the method of handling the horse or causing the injury, _a_ is liable to _b_ for the injury to the horse. a court said on this point, "a bailee who is a borrower must use extraordinary care to protect the property loaned to him, and is responsible for the slightest neglect. he must exercise all the care and diligence that most careful persons exercise in the transaction of their own affairs." if the bailee uses the property for any purpose other than that for which it was bailed, or if he exceeds the authority of the bailor in the use of the property, he is liable for injuries resulting. for example, _a_ borrowed _b's_ oxen to plow up a hedge. _a_ used the oxen to draw a load of stone. a stone rolled off the cart and injured one of the oxen. _a_ was held liable for the injury. = . bailments for benefit of both bailor and bailee.= the majority of bailments are for the benefit of both bailor and bailee. this class of bailments includes the hiring of personal property. _a_ rents _b's_ automobile for three hours, at three dollars an hour. this is an example of this class of bailments. this class also includes pledges or pawns of goods. if _a_ pledges ten shares of stock in a corporation to his bank for a loan, this transaction constitutes this form of bailment. this also includes the hiring of a bailee to carry goods from one place to another. the most common example of this class of bailments is that of common carriers. for example, _a_ employs _b_, an express company, to carry a package of jewelry from cleveland to chicago. the bailment is for the mutual benefit of both _a_ and _b_. any case in which one party employs another to carry goods from one place to another for compensation is included in this class of bailments, and is discussed more at length in the chapter on common carriers. hiring a person to care for personal property for compensation is included in the class of mutual benefit bailments. a traveling salesman leaving his trunk and satchel with a hotel-keeper is a common example. where one person hires another to perform work or services on the thing bailed, the transaction constitutes a mutual benefit bailment. for example, if _a_ leaves his overcoat with _b_, his tailor, to be cleaned and pressed, the transaction constitutes this form of bailment. in mutual benefit bailments the bailee has the right to use the property bailed only for the purposes of the bailment. if _a_ rents _b's_ automobile, he is entitled to use it during the period covered by the contract. if he rents it for a particular designated trip, he cannot use it for any other trip. in a mutual benefit bailment, when the bailee hires out the use of a chattel, there is an implied contract on his part that the chattel is fit for the purpose for which it is to be used, and that it may safely be used for such purposes. _a_ rents _b's_ naphtha launch for the purpose of taking a lake ride. _b_ has carelessly supplied the wrong fuel. an explosion results, injuring _a_. _b_ is liable for the injury. in mutual benefit bailments, the bailee is obliged to exercise ordinary care, and is liable for ordinary negligence. the bailee must act as an ordinarily prudent man would act under the same conditions in protecting and caring for the property. _a_ rents a typewriter of _b_. if the typewriter breaks or gets out of order during ordinary usage, _b_ must stand the loss. if the parties to a bailment of this class specifically contract as to who shall bear the loss in case of accident, or as to the degree of care which shall be exercised, these express stipulations prevail. = . warehousemen and storage companies.= a person who keeps a place for the storage of goods for a compensation is a warehouseman or storage-keeper. in a few states, public warehouses are provided for by statute. in these states, the statutes define the duties and liabilities of warehousemen. these public warehousemen are generally required to take all goods offered for storage, no matter who the owner may be, if the goods are in condition to be stored and if the storage charges are tendered. most warehouses operate their business as private enterprises. a few states provide by statute for public warehouses. private warehousemen may select their customers. they are not required to accept goods for storage if they do not so desire. the government provides warehouses for the storage of goods upon which customs or duties are to be paid. these warehouses are private enterprises authorized by the government to act as government warehouses. the government requires a bond of these warehousemen for the protection of itself, but the government is in no way responsible for the warehouseman's treatment of the goods, or for breaches of contracts between the warehousemen and their customers. warehousemen commonly issue receipts for goods stored with them. these warehouse receipts ordinarily are made payable to the customer's order, and may be negotiated. they are not generally recognized as negotiable instruments. a few states have statutes making them negotiable instruments, but outside these jurisdictions, warehouse receipts are merely evidences of ownership of the property. the purchaser takes the same right to the property which the original bailor had, with the additional right to sue the transferor if the title proves defective. a warehouseman has a lien on the property for his charges. the warehouseman or storage-keeper must exercise ordinary care in the protection of the property. the bailor must reveal to the bailee the character of the goods stored. if the goods are of a dangerous character and injury results, the bailor is responsible to the bailee for damages, if he has failed to reveal the dangerous character of the goods. = . degree of care required of bailee.= a bailee of property is required to exercise a certain degree of care in the use, preservation and protection of the property placed in his possession, and is liable for a certain degree of negligence. the amount of care a bailee is obliged to exercise, and the amount of negligence for which he is liable, depends upon the kind of property bailed, and whether the bailment is for the sole benefit of the bailor, the bailee, or for the mutual benefit of both the bailor and the bailee. if the property bailed is of great value, or so delicate that it is easily lost, destroyed or injured, a greater degree of care is required on the part of the bailee than if the property is of little value, or is of such a nature that it is not easily damaged, lost or destroyed. if _a_, with _b's_ permission, stores his wagon in _b's_ barn, and the wagon is stolen, _b_ is not liable unless he was grossly negligent. he was not paid for the bailment, and was obliged to exercise only slight care in the protection of the wagon. if, however, _a_ leaves his watch with _b_ while he attends a ball game, and the watch is stolen, _b_ must have exercised greater care than in the case of the wagon by reason of the value and nature of the property bailed. otherwise, he will be liable. in this case as well as in the case of the wagon, _b_ received no compensation for the bailment, and is obliged to exercise only slight care in the protection of the property bailed, and is liable only for gross negligence. what constitutes slight care and gross negligence differs materially in the case of the wagon and in the case of the watch. in connection with bailments, care is said to have three degrees, _great_, _ordinary_ and _slight_. negligence is also said to have three degrees, _gross_, _ordinary_ and _slight_. ordinary care or negligence is the standard for testing each case. after ordinary care or negligence is determined, slight or great care, and slight or gross negligence is determined by ascertaining whether the care or negligence is above or below ordinary. any care greater than ordinary is great care; any care less than ordinary is slight care. any negligence greater than ordinary is gross negligence. any negligence less than ordinary is slight negligence. if a person takes such precautions in the use, preservation, and protection of the property as an ordinarily prudent person would take of his own property under similar circumstances, he is said to exercise ordinary care. the degree of care required of a bailee depends upon the kind of a bailment in question, as well as upon the kinds of property bailed. if the bailment is for the sole benefit of the bailor, the bailee receiving no compensation for his inconvenience and work, he is required to exercise only slight care, and is liable only for gross negligence. if the bailment is for the sole benefit of the bailee, the bailor receiving no compensation for his inconvenience and the loss of the use of his property, the bailee is required to exercise great care in the use and preservation of the property, and is liable for slight negligence. in case of mutual benefit bailments, the bailee is obliged to exercise ordinary care in the use and protection of the property, and is liable for ordinary negligence. two classes of mutual benefit bailees, innkeepers and common carriers, do not come within the above rule. these are known as _exceptional mutual benefit bailments_, and are discussed under separate chapters. = . rights of bailee as against bailor.= a bailee has the right to keep the property, to use it according to the terms of the contract of bailment, and to defend this right even against the bailor himself. while the title to the property in question remains in the bailor, the right of possession during the period covered by the contract of bailment is in the bailee. he may retain possession of the property for the purpose of the bailment. a bailee is entitled to use the property bailed, and is restricted only by the limitations of the contract. if the bailee uses this property in a way not authorized by the contract of bailment, he is liable in damages to the bailee. where a mutual benefit bailment requires the bailee to use skill in connection with the property bailed, the bailor must exercise a degree of skill ordinarily used by persons who perform similar work. if the bailee fails to use this degree of skill, he is liable in damages to the bailor. for example, if _a_ leaves his horse with _b_, a blacksmith, to be shod, and _b_ attempts the work, but performs it so unskillfully, or carelessly that the horse is injured or lamed thereby, _b_ is liable to _a_ for the damage caused. = . rights of bailee as against third persons.= a bailee has the right to keep the property bailed as against third persons who endeavor to interfere with his possession. the bailee is not permitted to dispute the title of the bailor for his own benefit. if, however, the property is taken away from the bailee by action at law, by one whose title is superior to that of the bailor, the bailee is relieved from liability to the bailor. in this event, the one who has the paramount title coupled with the right of immediate possession, may take the property from the bailee. if the bailee yields possession to one whose right of possession and title are inferior to the bailor's, the bailee is answerable to the bailor for any losses sustained. the bailee cannot confer good title upon anyone to whom he attempts to sell the property bailed, even though the purchaser buys without notice of the bailment. anyone who injures the property while it is in the possession of the bailee is responsible either to the bailor or bailee for the damages. = . lien of bailee.= a bailee who has performed work on the article bailed, for which he is to be paid a consideration, is said to have a _lien_ for the value of the work performed, or materials furnished. by a lien is meant the right of the bailee to retain possession until the value of his labor or material has been received. at common law, a livery stable keeper had no lien upon horses fed and cared for. by statute in most states, livery stable keepers now have a lien upon horses left with them. if a bailee is employed to perform work or labor upon personal property, and the property is destroyed without fault of the bailee after part of the work has been performed, the bailee may recover for the amount of work performed and materials furnished, unless the contract of bailment is to the effect that the entire job is to be completed before any payment is made. a bailee loses his lien by parting with possession of the property. at common law, a bailee could not sell the property to enforce his lien. by statute in most states, the bailee is permitted to sell the property, by giving notice of the time and place of sale to the bailor, or by foreclosing his lien by a legal action. pledges = . pledge defined.= a _pledge_ is one form of a mutual benefit bailment. it is a deposit of personal property by a debtor with a creditor as security for a debt, the title to the property remaining in the debtor until the property is disposed of by the creditor in accordance with the express or implied agreement of pledge. a pledge differs from a chattel mortgage in that possession of personal property is given a creditor for the purpose of securing a debt, the title remaining in the debtor. in case of a chattel mortgage, the title to the personal property passes to the mortgagee, who is the creditor, subject to revesting in the mortgagor, who is the debtor, in case of payment of the mortgage debt. in a chattel mortgage, possession of the property generally remains in the debtor. _a_ owes _b_ $ . . he gives _b_ possession of a diamond ring as security for the debt. if _a_ does not pay the $ . when due, _b_ may retain possession of the ring until he receives $ . from _a_, or he may sell the ring at public sale, advising _a_ of the time and place of sale. if the ring sells for more than $ . , _b_ must pay _a_ the excess of $ . . pledges form an important part of present day business. pledges of bonds, stocks and negotiable paper are common in transactions with banks. banks commonly make loans, taking a promissory note secured by a pledge of stocks, bonds, negotiable instruments, or other personal property. their loans are commonly called loans on _collateral_ or loans on _collateral security_. = . parties to a pledge.= a pledge of chattel property is a contract express or implied. the party giving the property as security to his creditors is called the _pledgor_, the party receiving the property is called the _pledgee_. like any contract, it requires competent parties. (see _competency of parties_, chapter on contracts.) a person mentally insufficient, intoxicated, or an infant, is not competent to make a contract. an infant's contracts of pledge, like any of its contracts are voidable, but not void. the infant may carry out the contract if he chooses. an infant's contracts are not illegal. they cannot be enforced against an infant, however, if he objects by reason of infancy. a competent party, contracting with an infant, cannot void his contract on the ground of infancy of the other contracting party. most contracts of pledge are implied. if _a_ owes _b_ $ . and gives _b_ his watch as security, _b_ impliedly has the right to retain possession of the watch until _a_ pays him $ . . _b_ also has the right after _a_ fails to pay him the $ . when due, to sell the watch at public auction, and apply as much of the proceeds as is necessary to the payment of his debt. in most pledges of importance where securities are pledged, the contract of pledge is reduced to writing, and a stipulation is made giving the pledgee the right to sell the property at public or private sale without notice to the pledger, and permitting the pledgee himself to be a purchaser at the sale. no matter what the contract of pledge provides, the sale should be public, notice of which should be advertised, and notice of the time and place should be given the pledgor. = . personal property which may be pledged.= any kind of personal property which is the subject of transfer may be pledged. this includes personal property having a tangible existence, as well as that which is intangible. that is, choses in action as well as choses in possession may be pledged. a promissory note, a certificate of stock, or a bond which is an evidence of something tangible or the right to obtain something tangible, is the subject of a pledge, as well as furniture, jewelry and other tangible personal property. property which has no active or potential existence is not the subject of a pledge. a person cannot pledge a horse which he expects to purchase, or a crop which he expects to grow on the land of another. a person may, however, pledge a growing crop. = . the debt secured.= a pledge or delivery of personal property is for the purpose of securing a debt owing the pledgee. the existence of a debt is one of the essential elements to a valid pledge. a delivery of personal property to another in the absence of a debt may constitute a bailment for the sole benefit of the bailor, the bailee, or for the mutual benefit of both parties. to constitute a pledge, however, there must be a debt owing the pledgee, and the property must be delivered to him, and accepted by him as security for the debt. the debt must be legal, and must be supported by a sufficient consideration to support the contract of pledge. _a_ won $ . at cards from _b_. _b_ gave _a_ his watch as security for the debt. _b_ was permitted to recover possession of his watch from _a_ by legal action, since the gambling transaction was illegal. _b_ did not legally owe _a_ $ . . an illegal debt cannot support a contract of pledge. if, for any reason, the debt is not owing or is not valid, it will not support a contract of pledge. = . title to property pledged.= the legal title or ownership of personal property pledged remains in the debtor or pledgor. a right of possession is given the pledgee. this is sometimes called a _special property_. a pledge differs from a sale in that, in a sale, the title or ownership of the personal property passes to the purchaser, while the possession may remain in the seller. in a pledge, however, the possession passes to the pledgee or creditor, while the title remains in the pledgor or debtor. a pledge differs from a chattel mortgage in that, in the latter, the title passes to the creditor or mortgagee, subject to revesting in the mortgagee or debtor, upon the latter's paying the mortgage debt. there is probably one exception to the rule that title to property pledged does not pass to the pledgee, and that is in case of negotiable instruments. a negotiable instrument endorsed in blank, or made payable to bearer passes like currency by delivery. a pledge of such paper passes title to the pledgee. a pledge of negotiable paper not endorsed in blank, or not payable to bearer should be made by proper endorsement. in this event title passes to the pledgee. the title is revested in the pledgor by proper indorsement, or by delivery, if the instrument is transferable by delivery, when the debt secured is paid. a pledgee of negotiable paper, who takes it before it is due without notice of defenses, is an innocent purchaser for value without notice, and as such, is entitled to the rights of an innocent purchaser for value without notice. (see _innocent purchaser for value without notice_, chapter on negotiable instruments.) = . collateral securities.= loans by banks are frequently made on collateral securities. this means that the borrower gives a bank a promissory note for the amount, and pledges personal property to secure the note. the contract of pledge may be by separate written instrument, or it may be made a part of the note itself. where made a part of the note, the note is called a _collateral note_. (see _collateral note_, chapter on negotiable instruments.) any kind of property which is the subject of a pledge may be used as collateral security. stocks, bonds, and even commercial paper are commonly used. jewelry, bills of lading, and warehouse receipts are not infrequently used in this kind of a pledge. collateral security given as security for a promissory note or other negotiable instrument is a pledge. the rules governing ordinary pledges govern this kind of pledge as well. the only practical distinction between a collateral loan and an ordinary loan is that, in a collateral loan, the debt is evidenced by a negotiable instrument which is secured by a pledge of personal property. = . rights and duties of pledgor and pledgee.= a pledgor has the right to have his pledged property returned to him upon payment of the debt secured by the pledge. he also has the right to have the property carefully preserved and cared for while in the possession of the pledgee. the pledgee is entitled to retain possession of the property pledged until the debt owing him is paid. he may re-pledge the property if he so desires. if the pledged property is negotiable paper, the pledgee must collect the paper as it falls due, and observe all the requirements necessary to preserve the rights of the pledgor. if the property pledged is tangible personal property, the pledgee must use the care of an ordinarily prudent man in the preservation and protection of it. he is not permitted to use property which may be injured by use, and should not use the property except to the extent that it is necessary for its preservation. if the pledgee sells or transfers the debt secured, the purchaser is entitled to the benefit of the pledge. that is, if _a_ owes _b_ $ . and pledges five shares of stock to _b_ as security for the debt, and _b_ sells the debt to _c_, _c_ is entitled to the benefits of the pledged certificates of stock. if _b_ gives _c_ possession of the stock, _c_ may retain the same until he receives the $ . from _a_. if _b_ does not turn over the shares of stock to _c_, _c_ may bring an action to compel the transfer of possession to him. = . disposal of property by pledgee after default.= if the pledgor fails to pay the debt secured when due, the pledgee has the right to enforce his pledge. in the absence of any special agreement, the law impliedly gives the pledgee the right to sell the property at public sale, and apply as much of the proceeds of the pledged property as is necessary to the payment of his debt. this sale must be public. the pledgee must first notify the pledgor that he is in default of payment, and of his intention to sell the property, giving the time and place of the proposed sale. the pledgee cannot be a purchaser at the sale, unless so permitted by express stipulation in the contract of pledge. many contracts of pledge are in writing, by the terms of which the pledgor waives notice of default and of time and place of sale, and permits the pledgee to sell at private sale, and to become a purchaser at the sale. when a pledgee is given the right to purchase by the contract of pledge, he cannot make a valid purchase without advertising the property, and without exerting himself reasonably to obtain the greatest amount possible for the pledged property at the sale. in selling pledged property, notice of default should be given the debtor. he should also be notified of the time and place of sale. the sale should be advertised publicly, and should be public. the pledgee cannot himself purchase the property unless the contract of pledge expressly so provides. even in this event, the sale will not be held valid unless it is public and fair in every way to the interests of the pledgor. a pledgee is permitted in some states to sell according to certain statutory methods provided. a pledgee may sell by foreclosing his lien in equity. this means by filing a written request in a court of equity to sell the property. in this event, the sale is conducted by order of court. = . redemption.= a pledgor has the right to obtain possession of the property pledged, by paying the debt secured at any time before actual sale of the property. a pledgor sometimes agrees by the contract of pledge, to waive the right to redeem the property after default of payment of the debt secured. courts will not enforce such a provision of the agreement against him. the pledgor is permitted to redeem the property by paying or tendering the amount of the debt at any time before sale of the pledged property. if the pledgor is in default of payment, however, and agrees by separate agreement, made subsequently to the contract of pledge, that the pledgee may keep the property pledged in satisfaction of the debt, he is bound by this agreement. mortgages of personal property = . mortgages of personal property defined.= by _mortgage_ of personal property, is meant the transfer of title to personal property by a debtor to a creditor; the possession of the property usually remaining in the debtor, and the transfer being made for the purpose of giving the creditor security for the debt, the debtor having the right to secure a return of title to the property by paying the debt within a stipulated time. it is a conditional sale. it is not absolutely necessary that possession of property which is the subject of a chattel mortgage, remain in the debtor. possession may be given the creditor with the understanding that possession and title are to revest in the debtor when the latter pays the debt secured. as a matter of business practice, however, possession of personal property which is the subject of a chattel mortgage, remains in the debtor, the creditor taking the title as security for the debt, with the right to secure possession or sell the property in case the debtor fails to pay the debt secured when due. when possession of personal property is given a creditor as security for a debt, the transaction is usually in the form of a pledge. in a pledge, title remains in the debtor, but possession is given the creditor. the distinguishing features of a sale, bailment or pledge, and a mortgage of personal property are important. in a sale of personal property title passes to the purchaser, while possession usually remains in the seller until the purchase price is paid. in a pledge, which is a form of a bailment, title remains in the bailor, and possession only is given the bailee or creditor. in case of a chattel mortgage, possession remains in the debtor, while title passes to the creditor subject to revesting in the debtor upon payment of the debt secured. the debtor, or person giving the mortgage, is called the _mortgagor_, the creditor, or person receiving the mortgage, is called _mortgagee_. [illustration: in the private office of the general manager of the s. obermayer co., cincinnati, ohio] = . what kinds of personal property may be mortgaged.= the rule is usually stated as follows: any interest in personal property which may be the subject of a present sale may be mortgaged. any tangible personal property such as furniture, horses, cattle and clothing, as well as intangible personal property, such as promissory notes, contracts, and shares of stock may be mortgaged. it is not necessary that the mortgagor have absolute, unencumbered title to the property to give a mortgage. an owner may give several mortgages on the same property. he may mortgage his interest as long as any remains. if _a_ owns a stock of goods worth $ , , he may give successive mortgages to different creditors to whom he is indebted. he must practice no fraud, however. he must make each mortgage subject to the prior ones, and must reveal the facts to the creditor taking the mortgage. but he is permitted to mortgage his remaining interest. = . a mortgage of personal property as security for a debt.= a mortgage of personal property is a contract, and must be supported by a consideration. mortgages are usually given to secure loans of money. they may, however, be given to secure any kind of obligation. a mortgage of personal property may be given to secure advances of money to be made in the future, as well as present or past advances or obligations. it is usually held that a past indebtedness is sufficient consideration to support a mortgage, as to all persons, except one who may have been defrauded out of the property mortgaged. = . form of mortgages of personal property.= to constitute a transaction a chattel mortgage, there must be an agreement by which title to personal property is transferred to a creditor upon condition that it is to revest in the debtor upon the latter paying a certain sum of money, or fulfilling an obligation, within a certain time. as between the mortgagor and mortgagee themselves, an oral chattel mortgage is binding, unless within the provisions of the statute of frauds. (see _statute of frauds_, chapter on sales.) most states provide that contracts for the sale of personal property involving more than $ . must be in writing to be enforceable. this provision applies to chattel mortgages. if possession of the mortgaged personal property is given the mortgagee under an oral mortgage, the transaction is binding, not only between the parties thereto, but as to third persons as well. most states provide by statute that as against third persons who purchase the property, or as against creditors of the mortgagor, the chattel mortgage must be in writing, and be recorded or filed with a public official, in case possession of the mortgaged property is left with the mortgagor. this question is discussed more at length in the following section. = . filing and recording mortgages of personal property.= most states have statutes providing that chattel mortgages must be filed or recorded with a designated public official to be effective as against creditors, subsequent purchasers or mortgagees. this requires that the mortgage be in writing, and be deposited or recorded according to the provisions of the statute with the designated public official. for example, if _a_ orally mortgages his horse to _b_ to secure a loan of $ . , the mortgage may be binding between _a_ and _b_, but if _c_, a creditor of _a_, secures a judgment against _a_ and levies on the horse, his levy is superior to _b's_ mortgage. if _a_ sells the horse to _d_, who has no notice of the mortgage to _b_, _d's_ rights to the horse are superior to _b's_. if _a_ gives a mortgage in writing to _e_, who records his mortgage according to statute, his rights to the horse are superior to _b's_. the statutes of the different states require these mortgages to be refiled at stated intervals. most states require them to be refiled each year. some require them to be refiled only every three years. = . rights of mortgagor in property mortgaged.= a mortgage of personal property ordinarily contains a stipulation that the mortgagor shall retain possession until after default of payment of the mortgage debt. some states have statutory provisions giving the mortgagor the right of possession of the mortgaged property before default of payment of the mortgage debt. it is the custom at the present time to give the mortgagor possession of the property before default. if a mortgagor having possession of the property has it stored on his own behalf, and the warehouseman acquires a lien on the goods for his charges, his lien is inferior to the mortgage. the same is true if a mechanic acquires a lien for repairs upon the property. a mortgagor may mortgage his interest in the personal property by giving a second mortgage. the second mortgagee takes the mortgagor's right to have the property revest in him upon payment of the debt secured by the first mortgage. a mortgagor may sell his interest in the property, subject to the interest of the mortgagee. if the mortgage stipulates that a mortgagor cannot sell his interest, this stipulation is binding. a mortgagor has the right to pay the debt secured, and by this means to have the title to the property revest in him. = . rights and liabilities of mortgagee.= a mortgagee of personal property has a conditional title to the property. if the mortgagor does not pay the debt secured, according to the terms of the mortgage the mortgagee has the right to seize the property or at least to subject it to the satisfaction of his debt. the mortgagee has the right to sell the debt secured by the mortgage. in the absence of an express stipulation to the contrary, a transfer by a mortgagee of the debt secured by the mortgage, transfers the mortgage. an assignment of a chattel mortgage apart from the debt secured, passes no interest to the transferee. a mortgagee has the right to seize the property upon default of payment of the debt secured, if the mortgage contains a stipulation to that effect. the mortgagee has the right to foreclose his lien. by this is meant that he has the right to file a petition in a court of equity asking that the property be sold, and that his claim be paid from the proceeds first, and that the mortgagor's right to pay the debt and secure a return of the property be cut off. this is discussed under the section on _foreclosure_. = . mortgagor's right of redemption.= in law, a mortgage is regarded as a security for a debt, rather than as a transfer of property. by a chattel mortgage, a transfer of title to personal property is made by a debtor to a creditor as security for a debt. the debtor has the right, however, to secure a return of the title to the property by paying the mortgage indebtedness according to the terms of the mortgage. when the debtor fails to pay the debt when it is due, absolute title to the property vests in the mortgagee or creditor. the law, however, permits the debtor or mortgagor to pay the debt at any time before actual sale of the property by the mortgagee, together with interest and expenses, and thus secure the title to the mortgaged property. this is known as the _mortgagor's equity of redemption_. legal title is vested absolutely in the mortgagee upon failure of the mortgagor to pay the mortgage debt when due. the mortgagor, however, is permitted to pay the debt with expenses at any time before sale of the property, and by this means to secure a return of the title to the property. this makes a mortgage of personal property in effect a security for a debt, rather than a transfer of title. the purpose of the law is to give the creditor or mortgagee the right to secure the payment of his debt out of the mortgaged property, and nothing more. most states have statutes providing a method by which a mortgagor may obtain his equity of redemption. where there are no statutes, this right must be enforced by a petition in a court of equity. = . mortgagee's right of foreclosure.= equity permits the mortgagor to recover the mortgaged property by filing a petition in a court of equity, even after he has defaulted in paying the mortgage debt, by tendering the amount due, together with interest and expenses. this right of the mortgagor may be cut off by an equitable right enforced on the part of the creditor or mortgagee. this right is called the _mortgagee's right of foreclosure_. when the debtor or mortgagor is in default, the creditor or mortgagee is permitted to file a petition in a court of equity, setting forth the fact, and asking the court to order the property to be sold, the expenses to be paid, the mortgage debt to be satisfied, and the balance of the proceeds of the sale to be paid to the debtor or mortgagor. after this proceeding has been resorted to and completed, the debtor cannot enforce his equity of redemption. the common method afforded a mortgagee of foreclosing a mortgagor's equity of redemption is by the petition in equity above described. many of the states have provided statutory methods which may be followed. some mortgages by express stipulation give the creditor or mortgagee the right to seize the property and sell same upon default of the debtor to pay. this takes the place of an equitable foreclosure. when a mortgage contains a power of sale stipulation, the mortgagee may seize the property when the mortgagor defaults, and sell the same at public sale. the excess recovered over the mortgage debt and expenses, must be paid the mortgagor. if possession of the property cannot be obtained peaceably, the mortgagee must bring an action in replevin, by which possession is obtained by an officer of the court. in some jurisdictions, a mortgagee is permitted to seize and sell mortgaged property upon default of the debtor, even though the mortgage contains no power of sale stipulation. the sale must be _bona fide_ and public, or it can be set aside at the instance of the defrauded mortgagor. carriers = . carriers defined.= _carrier_ is the term applied to individuals or companies engaged generally or specially in carrying goods or passengers from place to place. the business of carriers has grown rapidly with the development of this country. the business of steamboat, railway, express, and electric package companies forms an important part of present day affairs. carriers are usually classified as _common_ or _private_. both common and private carriers may carry either passengers or goods. carriers of passengers are discussed in a separate chapter. = . common carriers of goods.= a common carrier of goods is one who represents himself as engaged in the business of carrying goods from place to place for anyone who desires to employ him. a common carrier of goods is liable as an insurer of the goods. by reason of this exceptional liability attaching to a common carrier, it is important to know who are common carriers. everyone who carries goods from place to place is not a common carrier. to constitute a person a common carrier, there must be a representation on his part of a willingness to carry goods belonging to anyone who desires to employ him for that purpose. a common carrier need not necessarily hold himself out as willing to carry all classes of goods. he may limit his business to carrying a peculiar class of goods, and still be a common carrier. it may be stated as a rule that anyone who holds himself out as willing to carry goods of any person is a common carrier. common examples of common carriers are railroad companies, express companies, public transfer companies, and electric package companies. an express company, in holding itself out as willing to carry goods of any person, is a common carrier. if persons carry goods only on special contract, and choose their customers, they are private carriers, and are not liable as insurers of the goods entrusted to their care. anyone may engage in the business of a private carrier, and so long as he does not hold himself out as a common carrier, he cannot be compelled to accept for carriage goods against his will, neither is he liable as an insurer of the goods. a private carrier is an ordinary bailee. if he agrees to carry for compensation, he must exercise ordinary care, and is liable for ordinary negligence. the business of a common carrier is said to be one of the exceptional mutual benefit bailments. the exceptional liability of a common carrier is discussed under a separate section. = . implied liability of a common carrier.= in early days when pirates infested the seas and stagecoach robberies were common, it was an easy matter for a common carrier to conspire with robbers and thieves, in unjustly depriving the owner of the goods entrusted to the carrier's care. by reason of the opportunity given a common carrier fraudulently to deprive a shipper of his goods, the law at an early time placed the exceptional liability of an insurer upon a common carrier. the relation between a shipper and a carrier, after goods are placed in the hands of the carrier, is one of mutual benefit bailment. the liability of a common carrier, however, is not limited to the liability of an ordinary mutual benefit bailee. common carriers and innkeepers are said to be _exceptional mutual benefit bailees_. this exceptional liability is placed on them by reason of the opportunity given them fraudulently to deprive the owners of their goods, and to compel the carriers to protect the goods against robbery and theft. a common carrier is liable as an insurer of the goods entrusted to his care. he cannot avoid liability by acting as an ordinarily prudent man would act under the circumstances in protecting and caring for the goods, but he must actually protect them or be liable to the owner for their loss or damage. there are a few exceptions discussed under a separate section. if _a_ employs _b_ to keep, feed, and care for his horse for six months, for fifty dollars, and _b_ puts the horse in his stable, where it is stolen, together with _b's_ own horse, _b_ is not liable to _a_ for the loss of the horse, if he acted as an ordinarily prudent man would act under the same conditions. if, however, _a_ delivers his horse to _b_, a railroad company, to be shipped from buffalo to chicago, and the horse is stolen from _b's_ possession, _b_ must pay _a_ the value of the horse. he is not permitted to say that he exercised ordinary care in the protection of the horse. this is what is meant by the exceptional liability of a common carrier. while the reason for this exceptional liability of a common carrier has largely passed away by the practical extermination of highway robbers and pirates, the exceptional liability of common carriers remains as a part of the law. this exceptional liability is not a matter of express contract between the shipper and the carrier, but is impliedly a part of the contract. = . exceptions to the liability of a common carrier as an insurer.= a common carrier of goods is not absolutely liable as an insurer of the goods entrusted to his care. if the goods are lost, injured, or destroyed by an act of god, by a public enemy, by negligence of the shipper, by the inherent nature of the goods, or by the exercise of public authority, the carrier is not liable as an insurer. by _act of god_ is meant an inevitable act arising without the intervention or aid of a human agency. a loss of goods by a storm, by lightning, or by earthquake is an example. if the goods are lost or injured as a result of any act of the shipper, the carrier is not liable as an insurer. a carrier is permitted to adopt and enforce reasonable regulations relating to the packing and shipment of goods. if the shipper negligently packs goods so that they are injured by reason thereof, the carrier is not liable as an insurer. if the shipper improperly addresses packages, and they are lost by reason thereof, the carrier is not liable as an insurer. if the shipper accompanies live stock, and injury occurs by reason of the carelessness of the shipper, the carrier is not liable as an insurer. by _public enemy_ is meant a power at war with a nation. this includes pirates. mere insurrections, robberies, thefts, mobs, and strikes are not included in this class of public enemies. if a loss of goods occurs by means of public enemy, a carrier is not liable as an insurer of the goods. if the loss occurs through the _inherent nature of the goods_, without the negligence of the carrier, the latter is not liable as an insurer. for example, if fruit spoils as a result of warm or cold weather, if the carrier is not in any way at fault, he is not liable as an insurer, since the loss occurs on account of inherent defects of the goods. if animals injure themselves while in the carrier's possession by reason of their viciousness, or fright, which injury could not have been prevented by reasonable care on the part of the carrier, the latter is not responsible. if the goods are lost or injured by reason of the _exercise of public authority_, the carrier is not liable as an insurer. if the goods, while in the possession of the carrier are seized upon attachment, or by levy on execution by the creditors of the shipper, the carrier is not liable if he promptly notifies the shipper. = . limiting common law liability by special contract.= the common law liability of a common carrier of goods is that of an insurer. it matters not how the loss or injury occurs, whether without, or through the carelessness of the carrier, the latter is liable for the loss, if it does not come within the recognized exceptions. carriers commonly endeavor to limit their exceptional liability by making a special contract with a shipper, by the terms of which the carrier limits his exceptional liability in case of loss. there is considerable conflict of authorities between the different states as to whether a carrier may limit his exceptional liability at all by special contract. where permitted to limit this liability, there is considerable controversy as to the extent to which a carrier may limit his liability by special contract. the courts of most jurisdictions agree that a common carrier cannot limit his exceptional liability by special contract as to his own negligence or the negligence of his servants. this special contract by which a common carrier limits his exceptional liability as an insurer is usually in the form of a written contract signed by the shipper or in the form of stipulations in the bill of lading given to the shipper and called to his attention. if a carrier accepts a carload of hay for shipment, without limiting his common law liability by special contract, and the hay is destroyed by fire, the carrier must respond in damages for the loss, regardless of his negligence. if, however, the carrier enters into a special contract with the shipper to the effect that the carrier shall not be liable for loss by fire, and the hay is destroyed by fire without negligence of the carrier or his agents or servants, the carrier is not liable in damages. = . limiting common law liability by an agreed valuation.= common carriers frequently attempt to limit their liability for loss or injury to goods by stipulations in a bill of lading, that in case of loss, the valuation shall not exceed $ . , or some specified amount. if the shipper does not notify the carrier that the valuation is a greater amount, the amount mentioned in the bill of lading is the valuation fixed by special contract. in case of loss there is a great variety of holdings as to whether a carrier may limit his liabilities to the amount mentioned in the contract. probably the courts in the majority of cases hold that such a stipulation is valid in case of losses arising not by reason of the negligence of the carrier or his agents. the courts of a few jurisdictions hold that the stipulation as to valuation is good even as against the negligence of the carrier or his agent. so far as interstate shipments are concerned, the question is settled by the federal interstate commerce act of . this act provides that as to shipments from one state to another, such a stipulation is not valid. the language of the interstate commerce act relative to this question is as follows: a common carrier receiving property for interstate transportation shall issue a receipt or bill of lading therefor, and be liable to the holder for any loss, damage or injury to the property, and no contract, receipt, etc., shall exempt the carrier from the liability thereby imposed. at present, so far as interstate shipments are concerned, a common carrier cannot limit his common law liability by a special contract. = . bills of lading and shipping receipts.= _bill of lading_, or _shipping receipt_ is the term applied to the receipt given a shipper by a carrier, when goods are delivered into the latter's possession. a bill of lading serves two purposes. it is a receipt of the shipper from the carrier for the goods delivered to the latter, and it is a contract representing the agreement between the shipper and the carrier. it is usually held that the terms printed on the bill of lading are binding on the shipper, even though the bill is not signed by him. a bill of lading represents the title to the goods. it may be transferred like a negotiable instrument. a purchaser takes the position of the shipper. a bill of lading is negotiable in the sense that it represents title or ownership of the goods, and in the sense that a purchaser takes the right of the shipper in the goods. but it is not negotiable in the sense that a purchaser takes a better position than the original holder had. = . title to goods after delivery to common carrier.= in the absence of special agreement to the contrary, where a party in one town purchases goods from a party in another, the goods to be delivered by common carrier, title to the goods passes to the purchaser when the goods are delivered to the carrier properly packed and addressed. this kind of a sale is commonly called a sale _f. o. b._ place of purchase, "f. o. b." means "free on board." careful business people, in making sales or purchases, specify whether the goods are to be f. o. b. place of shipment, or f. o. b. place of delivery. if the sale is f. o. b. place of delivery, title does not pass to the purchaser until the goods are delivered at the place specified. if the goods are lost by the carrier, the loss falls on the shipper or carrier, and not on the purchaser. if goods are shipped f. o. b. place of shipment, or if no agreement is made about shipment or payment of freight, title passes to the purchaser when the goods are properly delivered to the carrier. if the goods are lost, the loss falls on the carrier or purchaser, and not on the seller. where no stipulation is made relative to payment of freight or carrier's charges, the law presumes that the purchaser is to pay the carrier's charges. sales are sometimes made in which it is specified that the freight charges are _to be allowed_. this means that the shipper is to pay the carrier the freight charges. if the goods are lost, the loss falls on the purchaser. if there is an express stipulation that the goods are to be delivered at the place of delivery by the seller, this means that title does not pass to the buyer until the delivery is made at that place, and the shipper or seller stands the risk of loss in transit. = . duty of common carrier to accept goods for carriage.= a common carrier of goods holds himself out to the public as ready to carry the goods of anyone who desires to employ him. the carrier may demand payment of reasonable charges in advance. he may also enforce reasonable regulations relating to the packing, delivery, and addressing of goods. carriers are not obliged to carry goods other than the kinds they purport to carry. for example, an express company representing itself to the public as a carrier of light packages cannot be forced to accept heavy machinery for carriage. a carrier cannot be compelled to accept goods not belonging to the class it represents itself as being in the business of carrying. but a carrier must accept for carriage goods of the class it purports to carry, no matter by whom tendered. if the bill of lading offered by the carrier contains stipulations not agreeable to the shipper, the latter may demand the carrier to carry the goods under the terms of the implied common law liability of a carrier. the carrier is excused from accepting goods in the event of a great and unexpected bulk of business. he must, however, furnish sufficient equipment to meet the general requirements of business. = . stoppage in transitu.= where goods sold on credit have been delivered to a carrier, if the vendor learns that the purchaser is insolvent, he may order the carrier to withhold delivery of the goods. this is called _stoppage in transitu_. this question is also discussed in the chapter on sales. the vendor may compel the carrier to withhold delivery of goods by giving him written or oral notice to that effect. to be effective, this notice must be given before the carrier has surrendered possession of the goods to the purchaser. if the carrier delivers the goods to the purchaser after receiving notice from the seller to withhold shipment, he is liable in damages to the seller. if the purchaser has received possession of the bill of lading, and has sold it to a _bona fide_ purchaser, as to the latter, the seller cannot exercise the right of stoppage _in transitu_. if the carrier is in doubt about who is entitled to possession of the goods, he may file a petition with a court, called an _interpleader_, asking the court to determine who is entitled to possession of the goods. = . delivery of goods by a carrier.= the manner of delivery of goods required of a common carrier, depends largely upon usage and custom. in large cities, express companies and carriers of small packages usually make deliveries to residences and places of business. in small towns, and in the country they usually deliver at their depots or store rooms only. persons dealing with common carriers are bound by their customs, and by reasonable regulations of the carriers. carriers by water and rail ordinarily deliver at their depots and warehouses only. the purchaser is obliged to call for his goods. the carrier is obliged to give the purchaser notice that the goods have arrived. if the purchaser fails to call within a reasonable time thereafter, the exceptional liability of a common carrier ceases, and the liability of a warehouseman attaches. a warehouseman is obliged to exercise only ordinary care in the protection of the goods, while a carrier is an insurer of the goods. if a carrier delivers goods to the wrong person, he is liable in damages to the owner. if the consignee refuses to accept the goods, the carrier should notify the shipper of this fact. the carrier's liability then becomes that of a warehouseman. goods are frequently delivered to a carrier _c. o. d._ (collect on delivery). a carrier, in this event, is required to collect a specified amount from the purchaser before delivery. the purchaser is entitled to inspect the goods. title to goods sent c. o. d., is in the purchaser, the possession only being reserved by the owner for the purpose of collecting certain charges, ordinarily the purchase price. = . charges and lien of common carrier.= a common carrier usually stipulates by special contract with a shipper the amount of charges for carriage. in the absence of special contract, the carrier is entitled to a reasonable amount for this service. the united states congress has the right to regulate charges for interstate carriage. the states may, through their legislatures, regulate the rates within their respective jurisdictions. a carrier has a lien on the goods carried for his charges, and may retain possession of the goods until these charges are paid. = . discrimination by common carrier.= a common carrier represents himself as willing to carry the goods of anyone who desires to employ him. business depends to a large degree upon the facilities offered by carriers, notably by railroads. if certain business men or interests are favored by carriers, competition in the same line is eventually destroyed. for this reason, the law prohibited discrimination on the part of a common carrier. all persons shipping under the same conditions must be treated alike. the policy of the law is to promote competition. there are cases which hold that a carrier is permitted to charge one person a less rate than another, if the latter is not charged an unreasonable rate. but this rule does not apply where the parties are competitors and where the difference in rate charged is for the purpose of destroying competition. the matter of discrimination is now regulated largely by interstate commerce legislation discussed under a separate section. = . carriers of mail.= the constitution of the united states gives congress the power to establish postoffices and post roads. under this provision, the postoffice department has been created. it is a department of the government. while the postoffice department carries mail for compensation, it is a department of the government and not a common carrier. the government cannot be sued without giving its consent. it is an elementary principle that a government or sovereign power cannot be sued by its citizens. if the mail is lost, the government cannot be sued for damages. the government employs postal clerks, postmasters and mail-carriers to operate the postal system. these agents or servants of the government are required to give bond to the government. if they violate their contract, or neglect their duties, the government may collect its losses on these bonds. a person whose mail is lost cannot sue a postoffice agent on his bond. if, however, a person whose mail is lost can trace the loss to the carelessness of a particular postmaster or mail-carrier, he may sue such postmaster or carrier for damages sustained. = . interstate commerce act.= the united states constitution gives congress the power to regulate interstate commerce. the united states congress enacted interstate commerce regulations in , , , and in . the present united states interstate commerce regulation is commonly known as the _interstate commerce act of _. this act provides for an interstate commerce commission, consisting of seven members. each member receives a salary of $ , a year. the act compels carriers engaged in interstate or foreign commerce to publish a schedule of charges for carrying property. carriers who give rebates or offset, or discriminate between shippers in any way, are subject to heavy fines, and the officers and agents are subject to imprisonment. the commission is authorized to investigate the profits and charges of carriers, and to fix the maximum and minimum rates for carriage as well as the proportion of through rates to which each of several carriers is entitled. persons discriminated against may make complaints to the commission. the commission may investigate these complaints as a court by summoning witnesses, and by taking testimony. the commission may award damages to the party injured. if the carrier refuses to comply with the orders of the commission, the latter may invoke the machinery of the united states courts to enforce its order. when matters are removed to a united states court, the finding of the commission makes out a _prima facie_ case. section of the act prevents carriers doing interstate or foreign commerce business from relieving themselves from liability by special provision in the bills of lading. this is a very salutary act, since it was the common custom of carriers to place many provisions in their bills of lading by which they endeavored to evade their liability as common carriers. it was practically impossible for a shipper to comprehend all the printed stipulations contained in a bill of lading. this provision of the act compelling a common carrier doing an interstate or foreign commerce business to issue a bill of lading by which he is liable, in case of loss, for the real value of the goods lost, is as follows: "any common carrier, railroad or transportation company receiving goods for transportation from a point in one state to a point in another shall issue a receipt or bill of lading therefor, and shall be liable to the lawful holder thereof for any loss, damage or injury to such property caused by it, or by any common carrier, railroad or transportation company to which such property may be delivered, or over whose lines such property may pass, and no contract, receipt, rule or regulation shall exempt such common carrier, railroad or transportation company from the liability hereby imposed; provided, that nothing in this section shall deprive any holder of such receipt or bill of lading of any remedy or right of action which he has under existing law." the act also provides that every person or corporation, whether carrier or shipper, who shall knowingly grant, give, solicit, accept or receive any such rebates, concession or discrimination shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than one thousand dollars ($ , . ), nor more than twenty thousand dollars ($ , . ). the act also provides that the willful failure, upon the part of any carrier, to file and publish the tariff or rate and charges required by said act, or the failure strictly to observe such tariffs until changed according to law, shall be a misdemeanor, and upon conviction thereof, the corporation offending shall be subject to a fine of not less than $ , . for each offense, nor more than $ , . for each offense. the act also provides that agents or officers of a corporation convicted of violating the act may be imprisoned not more than two years in addition to the fine. a person delivering property to a carrier for transportation to another state or to a foreign country who shall accept a rebate or offset from the regular scheduled charge shall, in addition to the above described penalties, forfeit to the united states a sum of money three times the amount received from the carrier. carriers of passengers = . carriers of passengers defined.= one who holds himself out as ready and willing to carry from place to place for compensation, all who desire to employ him for this purpose is a public carrier of passengers. the liability of a public carrier of passengers is not the same as that of a common carrier of goods. a common carrier of goods is liable as an insurer of the goods, while a common carrier of passengers is obliged to exercise a high or extraordinary degree of care, only in the protection of passengers. railroad, steamboat, ferry and omnibus companies are common examples of public carriers of passengers. owners of buildings operating elevators are in the position of public carriers of passengers. while, strictly, they are not obliged to carry all persons, they operate the elevator publicly for the convenience of their tenants, and their tenants' clients. the liability for injury to passengers of owners of buildings in which elevators are operated is the same as that of public carriers of passengers. = . who are passengers?= a person does not have to be on board a public conveyance to be a passenger. steamboat companies provide depots, waiting rooms, and wharves for the convenience of passengers. railroad companies provide depots, rest rooms, and waiting rooms for persons desiring to make use of the railroad. it is said to be the rule, that when a person enters the premises of a public carrier for the purpose of becoming a passenger, he is a passenger from the time he enters upon the property of the public carrier. if a person enters the premises of a public carrier not for the purpose of purchasing a ticket, nor to become a passenger, he is a mere trespasser, and is not entitled to the rights and privileges of a passenger. a person traveling on a pass is a passenger. a carrier of passengers is permitted to enforce reasonable regulations for acceptance of passengers. until these reasonable rules are observed a person is not a passenger. a person is a passenger until he has a reasonable time to leave the public conveyance and premises of the carrier after reaching his journey's end. = . rights and liabilities of carriers of passengers.= a public carrier of passengers is obliged to carry all suitable persons who desire to become passengers, so far as the carrier has facilities for their accommodation. the carrier is also obliged to furnish reasonable facilities to accommodate all who may reasonably be expected to present themselves as passengers. a carrier may refuse to carry drunken or disorderly persons, as well as those who, by reason of contagious diseases or for other reasons, are not proper passengers. a carrier may require passengers to purchase tickets before admitting them to the vehicle of conveyance. the carrier is permitted to pass reasonable rules and regulations for conducting his business. unlike a carrier of goods, a carrier of passengers is not liable as an insurer. a carrier of passengers is bound to exercise extraordinary care in the protection of the passengers, and is liable for any negligence resulting in a passenger's injury, and which is not contributed to by the passenger. if a passenger refuses to pay his fare, or becomes disorderly, he may be removed by the carrier. the carrier is entitled to use only the force necessary to effect the removal of the passenger. if the passenger is injured by reason of excessive force used by the carrier in, his removal, the carrier is liable in damages. some states require by statute that carriers remove obnoxious passengers only at regular stations. in the absence of such statutes, a carrier may remove a passenger at any place where he may be removed without injury. if a passenger is injured by reason of his own negligence, or if his own negligence in any way contributed directly to the injury, he cannot recover damages from the carrier. = . baggage.= a public carrier of passengers may pass reasonable rules and regulations governing the control and amount of personal baggage a passenger is permitted to carry with him. the contract between a passenger and an ordinary public carrier impliedly gives the passenger the right to carry with him on his journey, baggage consisting of articles to be used on his journey. the business of the passenger, his social position, and the purpose of the journey largely determine the question of what articles properly constitute personal baggage. a workingman would not be permitted to claim that jewels and fancy dresses were a part of his personal baggage such articles would properly constitute the personal baggage of an actress or a society woman. if the personal baggage is placed in trunks and packages, and placed in the absolute control of the carrier, the latter is liable for their protection as an insurer. if the articles are retained by the passenger, the carrier is liable only as a bailee for hire. that is, the carrier is liable only for ordinary negligence, and is obliged to exercise only ordinary care. [illustration: the shipping department at the plant of the samuel c. tatum co., cincinnati, ohio] a carrier is permitted to charge for excess baggage, and becomes liable as an insurer of such baggage. a carrier is not obliged to carry any baggage not necessary for the convenience or comfort of a passenger, and if attempt is made to carry it as personal baggage, the carrier does not become liable for loss or injury thereto. sample goods carried by traveling salesmen do not constitute personal baggage. a carrier is not permitted to carry these samples free of charge. if the freight is paid by the salesman, the carrier becomes liable as an insurer. innkeepers = . innkeeper defined.= an innkeeper is a person who keeps a public house for the entertainment, for compensation, of all fit persons who desire to become guests and who are willing to pay the regular price. an innkeeper furnishes both food and lodging to guests. persons who furnish one or the other, only, are not innkeepers. innkeepers are classed as exceptional bailees. they are liable as insurers of their guests' baggage entrusted to their care. a boarding-house keeper is not an innkeeper. a restaurant keeper is not an innkeeper. = . duties and liabilities of innkeeper.= innkeepers are obliged to receive all fit persons who present themselves as guests and who offer the regular price for entertainment. an innkeeper is obliged by reason of his public profession, to keep food and lodging facilities sufficient to meet all reasonably expected demands. like a carrier of passengers, an innkeeper is not obliged to receive obnoxious persons. after a traveler has been received by an innkeeper for the purpose of obtaining food and lodging, he is a guest. the innkeeper is then obliged to use reasonable care for the protection of the guest. a person who boards at an inn is not a guest, neither is one who rooms at an inn, but does not board there. an innkeeper is liable as an insurer, for the loss of, or damage to, the goods entrusted to his care by his guest. if the goods are lost or injured without any negligence on the part of the guest himself, and not by an act of god (see _act of god_, chapter on carriers), or by a public enemy, the innkeeper is liable to the guest. if the goods are retained by the guest, and remain in his possession and control, the innkeeper is not liable as an insurer for their protection, but is obliged to exercise only ordinary care. = . lien of innkeeper.= an innkeeper has a right to retain possession of the goods of his guests until he receives his compensation. this is called an _innkeepers' lien_. at common law, a boarding-house keeper has no lien on the goods of the boarder. some states provide by statute for a boarding-house keeper's lien upon the goods of a boarder. even though the goods brought to an inn are the goods of a third person, the innkeeper has a lien thereon for the charges of the guest, unless the innkeeper knows at the time of receiving the guest, that the goods belonged to another. unless otherwise provided by statute, an innkeeper cannot sell the goods of a guest upon which he has a lien, but must file a bill in equity, a petition in a court of equity requiring the goods to be sold under order of court for the payment of his charges. real property = . real property defined.= the great english legal writer, blackstone, divides all property into two kinds, _real_ and _personal_. the latter embraces everything of a movable nature, while the former embraces everything of a permanent nature. blackstone defines real property as consisting of _lands_, _tenements_ and _hereditaments_. by land is meant the soil, and everything above and beneath the soil, the trees and vegetation above as well as the deposits beneath the soil. by tenement is meant anything that may be held, such as a franchise or right of way. by hereditament is meant everything that can be inherited. it includes lands and tenements. under the english law, heirlooms were considered hereditaments. they are not so considered under our law. = . trees, growing crops, and emblements.= growing trees are part of the land and are considered real property. nursery trees may be planted by a tenant for the purpose of the tenancy. in this event, they are considered personal property. trees cut down and cut into logs are personal property. trees blown down or cut down, but not cut into logs are real property. trees sold, but not cut, are regarded as personal property. a practical distinction between real and personal property is that real property passes to the heirs at the death of the owner, while personal property passes to the executors or administrators of the owner's estate. personal property is first subjected in the satisfaction of judgments at law against the owner. _emblement_ is the term applied to crops which must be planted annually. such crops as corn, potatoes, wheat, and melons are emblements. they are personal property even though not severed from the soil. they belong to the tenant who plants them. apples, peaches, clover, and similar things which are harvested annually, but are grown from roots or trees which are not planted annually, are real property. they are a part of the real estate, and pass with it when the latter is transferred. = . party walls.= a wall between two estates standing partly on the land of each estate is a _party wall_. if injured or destroyed by one of the adjoining owners, the other has an action for damages against him by reason thereof. if a wall stands wholly upon the land of one owner, and another constructs his house using a part of the wall as a foundation, he is a trespasser and is liable in damages, or may be compelled to remove his house therefrom. if, however, he is permitted to use the wall in such a manner for twenty years, the wall is regarded as a party wall. the party so using the wall for twenty years is said to acquire an _easement by prescription_. party walls are owned in common by adjoining owners. each party does not own half the wall. both parties own the entire wall together. = . fixtures.= by attaching a piece of personal property permanently to the land, or to something permanently connected with the land, the personal property, in law, becomes a part of the realty. a tenant may so attach personal property to the land of his landlord as to lose title thereto. no distinct line can be drawn between articles which may constitute fixtures and those which may not. it is something of a matter of intention of the one so attaching the articles to the land. it is now usually conceded by the courts that a tenant may attach such articles to the real property as are necessary and desirable for the purpose of his tenancy, and may remove them at or before the expiration of his lease, if the same can be done without injury to the real estate or to the fixtures to which they are attached. a different rule is applied in case of an owner as against a purchaser or mortgagee. for example, if _a_ leases a building for the purpose of operating a dry goods store, he is permitted to put in shelves and to remove them at the expiration of the tenancy. if _a_ were the owner, and permanently attached the shelves, he could not remove them as against a purchaser of the building or a mortgagee. = . fences.= most of the states have statutes regulating the building and maintenance of fences. parties may enter into a contract relating to partition fences if they choose. the duty to maintain certain portions of a partition fence may result from usage. if _a_ and _b_ are adjacent owners of a farm, and _a_ has for a period of twenty years maintained a certain portion of the partition fence, he may be compelled to continue to maintain that portion of the fence. a partition fence constructed jointly by the adjacent owners is their common property. it is their joint duty to keep it up. either one has a right to go upon the premises of the other for that purpose. one person may construct a fence on his own premises, which he may rebuild or take away at pleasure. a person constructing a fence must use reasonable care in seeing that it is so constructed and kept up that stock coming in contact with it is not injured. = . private ways.= the right to go over the land of another is known in law as a _way_. originally, ways were of three kinds, a mere foot way, a foot and horse way, by which a horse might be ridden over the way, and a cart way. the last two classes are now treated as one. ways are classified as _ways of necessity_ and _ways of convenience_ or _easements_. if _a_ sells land to _b_ and the only access _b_ has to a highway is over _a's_ land, _b_ has a way of necessity over _a's_ land. if _a_ sells land to _b_ and the only access to a highway left to _a_ is over the land of _b_, _a_ has a way of necessity over _b's_ land. a way of convenience may arise by continuous usage under a claim of right for a period of twenty years. if _a_ for an uninterrupted period of twenty years, under claim of right uses a path over _b's_ premises, he acquires a way of convenience or easement which gives him the right to continue the use of the path. = . highways.= ordinarily, highways are established by public officials acting under statutory authority. land is taken from the owners by order of court granted upon a petition properly filed and heard. it is said that the public has an _easement in a highway_, a right to use the highway as a roadway. the absolute title remains in the original owner. if the highway is abandoned, the property reverts to the original owner or to his grantees or assignees. a highway may be created by declaration or admission of the owner that a certain piece of property is to be used as a highway. it must also be accepted as such by public officials. the public may also obtain the right to use certain property as a highway by adverse user for a period of twenty years. this is called _obtaining the right by prescription_. _ . estates in land._ the extent of the interest of a person in a certain piece of land or real estate is said to be his _estate_. estates are designated by different names, depending upon the amount of the interest held. in general, estates in land are divided into _freehold estates_ and _estates less than freehold_. freehold estates are in turn divided into _estates of inheritance_, and _estates less than inheritance_. estates of inheritance are divided into _estates in fee simple_, and _estates in fee tail_. estates less than inheritance consist of _dower estates_, _estates curtesy_, _estates for the life of another_, and _estates for one's own life_, and _homestead estates_. estates less than freehold or leasehold estates consist of _estates for years_, _from year to year_, _at sufferance_ and _at will_. = . freehold estates.= freehold estates embrace estates of inheritance and estates less than inheritance. they are estates of uncertain periods of duration. the estate may be one of inheritance, that is, forever, or for a lifetime. the term, _freehold_, is taken from the name, _freeman_. a freehold estate originally applied to the estate of a freeman. a freeman, that is, a person permitted to go anywhere he chose, belonged to the only class of persons permitted to hold estates of this character. the meaning of the term has lost its significance. under our law, all persons are freemen. = . estates in fee simple.= absolute ownership in land is termed an _estate in fee simple_. it means that the owner has absolute and unconditional ownership of the land in question. it is an estate of general inheritance. at the owner's death, the estate passes to the general heirs of the owner, unless particular persons are designated by will of the owner to take the title. = . estates tail.= it was formerly the custom in england for wealthy land owners to give land to the oldest son to be given by him to his oldest son, a particular person or his direct heirs. that is, instead of giving the entire interest in the land to a person in such a manner that the latter could sell or dispose of it as he chose, it was given by deed or will to a particular line of heirs or persons. if _a_ gave his property by will to =b= and _b's_ direct heirs, the estate created did not permit _b_ or his direct heirs to dispose of the estate in such a manner that the direct heirs designated could be deprived of the estate at _b's_ death. granting estates to a particular person or heir rather than to heirs generally, is called _entailing estates_. the estate granted is called an _estate tail_. the result of entailing estates is to continue them in the hands of a few. england no longer permits the entailing of estates for long periods. in this country, the matter is controlled by statutes of the different states. a person is permitted to give real estate, by will, to a person for the latter's life, and then to a person not yet born. the latter takes the estate in _fee_. a person is not permitted to give property to _a_, and to the unborn child of the unborn child of _a_. if this is attempted, when _a_ has a child, the latter takes an _estate in fee simple_. the above doctrine is called the rule against perpetuities. = . life estates.= an estate created to exist during the life of the holder, during the life of a third person, or until an uncertain event happens or fails to happen, is called a _life estate_. life estates embrace homestead estates, dower estates, and estates by the curtesy. if _a_ gives _b_ a farm for life, remainder in fee to _c_, _b_ takes a life estate. he may sell or transfer his life estate, but no more. if _a_ dies leaving a will, by the terms of which _b_, his wife, is given a farm for life, or during widowhood, _b_ takes a life estate in the farm. if she marries, she loses her estate. this estate may be created by deed as well as by will. = . estates by the curtesy.= at common law, the husband, at the wife's death, has a life estate in the real property owned by the wife, if issue has been born alive during the life of the wife. the husband may waive his right to the estate if he signs a deed with the wife, whereby he expressly waives his right to his estate by the curtesy. the interest of the husband in the estate of his wife, is at the present time in most states regulated by statute. = . dower estates.= at common law, at the death of her husband, a wife takes a life interest in one-third the real property owned by her husband during the marriage. if _a_ owns one hundred acres of land, and dies, leaving a wife, _b_, _b_ takes one-third interest for life in the one hundred acres of land. this interest of _b_ is called her _dower estate_. some states by statute provide that the wife shall have a definite share of the husband's estate at the latter's death. in the states having these statutes, the wife is not entitled to dower, but takes the prescribed share in place thereof. the husband cannot deprive the wife of right of dower, by transferring his real estate. if she does not expressly release dower in the deed of conveyance, it may be enforced against the estate, if she survives her husband. = . exempt estates.= the states generally provide by statute that certain property shall be exempt from execution on judgment obtained by creditors of the owner. exemption statutes usually provide that a certain amount of real estate used as a home by the owner shall not be subjected to the satisfaction of judgments of creditors. if the debtor has no real property used as a home, he is sometimes permitted to retain a certain amount of personal property in place thereof. this statutory right to keep a certain amount of real property exempt from creditors is sometimes called a _debtor's homestead estate_. it exists during the life of the owner. = . estates for years.= the right to the possession, or the contract for possession of land for a definite period of time is called an estate for years. originally in england, only freemen could hold freehold estates. freehold estates are those of inheritance and those less than inheritance. persons occupying a position inferior to that of freemen under the early english law, sometimes called _villeins_, were permitted to hold estates for years, but not freehold estates. if _a_ leases his farm to _b_ for five years, _b_ has an estate for years. if _a_ leases his house and lot to _b_ for one month, _b_ has an estate for years. if _a_ leases his house and lot to _b_ for two years, and to _c_ for three years, _c's_ estate to follow _b's_, _b_ and _c_ have estates for years. estates for years are also discussed under _landlord and tenant_. estates for years are commonly called leases or leaseholds. a holder of an estate for years may assign or sublet his estate, unless it is provided otherwise in his lease. = . waste.= if persons have estates for years or life in real property, certain rules for the use of such property are recognized in order that they may not destroy or injure the remaining estate. that is, if _a_ has an estate for life in a farm, and _b_ has the remainder, _a_ is not permitted to destroy _b's_ interest. if a tenant for life or years so treats the estate as permanently to injure it, he is said to commit _waste_. a tenant for life is not permitted to cut off the timber. he may cut out underbrush. if such is the custom in the vicinity, he may cut timber for fuel and to repair buildings and fences. the general rule is, that a tenant for life or years may so use the estate as not permanently to injure or destroy it. he is entitled to the fruits and crops, to cultivate the estate to advantage, but not to destroy the buildings or fences, or to so treat the land as ultimately to destroy its productiveness. = . estates at will and at sufferance.= estates at will and at sufferance are discussed under the title of _landlord and tenant_. they are estates in land, and are classified as estates less than freehold. an estate which may be ended at the desire or will of either party is known as _an estate at will_. if _a_ and _b_ agree that _a_ may occupy _b's_ house, _a_ to pay thirty dollars per month, the tenancy to cease at the desire of either party, _a_ is said to be a tenant at will, and the estate he possesses is called _an estate at will_. it is not transferable. if _a_ attempts to assign his lease, it ceases. an estate at will is terminated by either party notifying the other of his intention to terminate the lease or by either party doing anything inconsistent with the estate. if the owner dies, the estate is terminated. if a person has a lawful estate in land, and retains possession without right after his interest ceases, he is said to be a _tenant at sufferance_. if _a_ rents _b's_ house for one year, and, at the expiration of the year he still occupies the house without _b's_ consent, he is a tenant at sufferance. he, in fact, has no estate in the premises except that which the owner suffers him to enjoy. this interest is called an _estate at sufferance_. a tenant at sufferance is a wrongdoer. he may be ejected at the will of the owner. the owner is not permitted to use excessive force in ejecting a tenant at sufferance. he may use the force necessary to eject him. at the present time, most of the states have statutory provisions by which unlawful tenants may be ejected by legal process. = . estates in remainder.= there may be many estates in the same piece of real property. if an owner of an estate in fee simple by one instrument grants an estate less than fee simple to one person and the balance of the fee simple estate to another, the latter estate is called a _remainder_. if _a_, an owner in fee, by the same instrument grants _b_ an estate for life, remainder in fee to _c_, _c_ has an estate in remainder. if _c_ is living at the time the estate is granted, the estate in remainder vests in him at the time of the grant, and is called a _vested remainder_. if the estate in remainder depends upon any contingency, or is conditional in any way it is said to be a _contingent remainder_. if _a_ grants a life estate in his farm to _b_, and the remainder to the heirs of _c_, the heirs of _c_ cannot be determined until _c's_ death. the estate in remainder is said to be _contingent_. = . estates in reversion.= an owner of an estate in real property in fee simple is permitted to grant his interest in the form of as many estates as he pleases. as long as the total of his grants do not equal his interest, he is said to retain an _estate in reversion_. if _a_ owns a farm in fee simple, and grants _b_ an estate for ten years, _a's_ remaining interest is called an estate in reversion. = . title to real property.= title to real property or the right of the owner eventually to obtain possession of it may be acquired in several ways. mere occupancy under claim of title will, under certain circumstances, if for a certain uninterrupted period of time, give the occupant title. an uninterrupted possession of real property, under a claim of right for a period in excess of twenty years will in most states give the occupant title by _adverse possession_. civilized nations provide by law that the heirs of the owner of real property shall take the title to the property at the owner's death. estates less than freehold pass as personal property to the executors of the estate of the deceased owner. the statutes of the different states designate who are heirs. title to land owned by the government is transferred by public grant. title by an owner may be conveyed to another by voluntary gift, by devise or will, or by deed. title by devise or will is discussed in the chapter on wills. = . deeds.= the customary method of transfer of real property is by deed. a deed is a written instrument sealed and delivered for the conveyance of land. deeds were originally divided into _deeds-poll_, and _indentures_. deeds-poll were mere written obligations of the grantor delivered to the grantee, the grantee making no covenants. an indenture, on the other hand, consists of mutual obligation on the part of grantor and grantee. the obligation of each was reduced to writing, signed, sealed, and delivered, the one in exchange for the other. a lease is an example of an indenture. the term, _indenture_, originated from the custom of writing the obligation of both parties on the same piece of paper, and by writing some letters of the alphabet between the two agreements, and by cutting the paper through these letters at sharp angles. the separate obligations could be identified by fitting together the saw-tooth edges of the different instruments. at present, duplicate copies are made designating them as indentures. leases are discussed more at length in the chapter on landlord and tenant. at present, the form of deeds in common use are _quit claim deeds_ and _warranty deeds_. some states provide forms of deeds by statute. even in the absence of statute, a written instrument, properly signed and delivered by the grantor, containing a description of the property, and an expression of intention to convey the real estate described, is probably sufficient to constitute a deed. a formal deed is customarily used. transfers of real property are important transactions. a formal deed contains several formal parts known by different names. these formal parts have resulted from well recognized customs and practices, some of them dating back a great many years. the formal parts of a warranty deed are the _premises_, the _habendum_, the _redendum_, the _conditions_, the _warranties_ or _covenants_, the _conclusions_ and the _acknowledgment_. = . premises of a deed.= the premises of a deed contain the name and description of the parties. if a deed is given by an unmarried person, he should be designated in the premises of the deed as _a b_, unmarried. this enables abstractors of titles to determine that a complete transfer of title has been made. otherwise there is nothing to show that _a b_ did not have a wife at the time the transfer was made. in this event, the wife would retain her right of dower. the premises usually contain the date of instrument. sometimes, the date is placed at the end of the instrument. the consideration is also contained in the premises. the consideration of a deed may be either good or valuable. if the grantor receives something of value, as money or an article of value, the consideration is said to be _valuable_. if a parent grants real property to a child or relative and states the consideration to be love and affection, the consideration is adequate, and is known as _good consideration_. the receipt of the consideration is also acknowledged in the premises of a deed. the language by which the grantor conveys the estate, such as "give," "grant," "set over," and "release" is contained in the premises as well as the description of the estate granted. = . habendum and redendum clauses.= the premises of a deed are followed by the _habendum_ and _redendum_ clauses. the _habendum_ clause describes the estate granted, whether an estate in fee, an estate for life, or an estate for years. it is not necessary to repeat the description of the estate in the _habendum_ clause. the _habendum_ clause usually commences with the words, "to have and to hold." the _redendum_ clause contains any interests or rights retained by the grantor. if the grantor reserves to himself the right to use a certain driveway, he places this reservation in the _redendum_ clause. = . the conditions, warranties and covenants of a deed.= a warranty deed may not be an absolute transfer of real property, but may be conditional. for example, if the deed is absolute in form, but contains a condition that the transfer is to be of no effect if the grantor pays the grantee a certain sum of money by a certain time, the deed is a conditional one. the conditions above described constitute the deed a mortgage. this class of conditional transfer is discussed in the following chapter. most deeds are without conditions. the next formal part of a warranty deed is the covenant of warranty. the grantor covenants that he is lawfully seized of the estate. this means that the grantor has the legal title and right to possession, which right he conveys to the grantee. the grantor also covenants that the grantee shall have quiet enjoyment of the estate, that the estate is free from incumbrance, and that the grantor and his heirs warrant the title to the estate. = . the conclusion of a deed.= the conclusion of a deed contains the signature of the grantor and the statement that he has signed and sealed the deed. most states require by statute that a deed must be signed in the presence of two witnesses. the signature and statement of the witnesses to the effect that the deed was signed in their presence is a part of the conclusion. the mere statement that the grantor signs and seals the deed makes it a sealed instrument. seals were originally impressions made in wax affixed to the instrument. a scroll or flourish of the pen was regarded as a seal, but at present a deed is in itself regarded as a sealed instrument, and requires no seal nor substitute therefor. = . acknowledgment of a deed.= the states of this country require by statute, deeds to be recorded by the public recorder, if parties to the deed desire to give notice of the transfer to third persons. third persons are deemed to have notice of deeds so recorded even though they have no actual notice. for the purpose of having a deed recorded, the grantor must acknowledge his signature before a notary public who adds his statement to that effect to the deed, and signs and seals the same. a quit claim deed contains no warranties nor covenants. it is merely a release of the grantor's interest to the grantee. quiz questions bailment . define _bailment_. . for whose benefit may bailment be made? . distinguish a _bailment_ from a _sale_. . give an example of a bailment. . name and define the parties to a bailment contract. . may an infant enter into a bailment contract? . is an infant liable for his torts? . classify bailments. . give an example of a bailment for the mutual benefit of both bailor and bailee. . is a bailment a contract? . what is the consideration in a bailment for the sole benefit of the bailor? . what party to a bailment contract has possession of the property? . is a finder of lost property a bailee? . in whom is the title to bailed property? . are the title and possession in the same person? . may a person not the owner of property bail it? . give an example of a bailment for the sole benefit of the bailor. . what degree of care is required of a bailee in case the bailment is for the sole benefit of the bailor? . give an example of a bailment for the sole benefit of the bailee. . what degree of care is required of a bailee in a bailment for his sole benefit? . _a_ hires of _b_ an automobile for $ . per hour. is the bailment for the sole benefit of the bailor, the bailee, or for the mutual benefit of both parties? . in the above example what degree of care is required of _a_? . what implied warranties accompany mutual benefit bailments? . define and distinguish public and private warehousemen. . what are government warehouses? . are warehouse receipts negotiable? . what degree of care is required of warehousemen? . what degrees of care are recognized in bailments? . how is the standard for determining degrees of care arrived at? . is ordinary care the same in the bailment of different kinds of property? . if a third person takes property away from a bailee may the latter recover possession? . what are the rights of a person purchasing from a bailee? . what is meant by _liens_ on personal property? . _a_ leaves his watch with _b_ for repairs. _b_ repairs the watch. can _b_ retain possession until he receives his pay? . may a bailee sell property to satisfy his lien? pledges . is a pledge a bailment? . define a _pledge_. . does title to property pledged remain in the pledgor? . distinguish _pledge_ from _chattel mortgage_. . name and define the parties to a contract of pledge. . may an infant pledge property? . what kinds of personal property may be pledged? . can a person pledge personal property which he expects to purchase? . can a person pledge a growing crop? . what is the purpose of a contract of pledge? . can there be a pledge which is not security for an existing debt? . if _a_ delivers possession of personal property to _b_ but does not owe _b_ anything, is the transaction a pledge? if not a pledge, what is the transaction? . who has possession of pledged property? . does the pledgee have title to property pledged? . in case of a chattel mortgage who has title to the mortgaged property? . in case of pledge of negotiable instruments, who has title to the instruments? . what is meant by _loans on collateral securities_? . what is a _collateral note_? . by whom are collateral notes commonly used? . after payment of the debt for which property is pledged, who is entitled to possession of the pledged property? . who is entitled to possession of property pledged before payment of the debt secured? . in case of pledge of negotiable instrument who must collect the interest and instrument when due? . what degree of care is required of a pledgee in the protection of pledged property? . if the pledgor fails to pay the debt when due, what may the pledgee do with the property? . in selling pledged property what notice, if any, should the pledgee give the pledgor? . what is meant by _foreclosing a lien in equity_? . define and explain _redemption_. . when may the right of redemption be exercised? mortgages on personal property . define _chattel mortgage_. . in case of a mortgage of personal property, who has possession of the property? who has title? . define _mortgagor_ and _mortgagee_. . distinguish _chattel mortgage_ and _sale_. . distinguish _chattel mortgage_ and _pledge_. . distinguish _pledge_ and _sale_. . may _choses in action_ be mortgaged? . define and distinguish _choses in action_ and _choses in possession_. may both be mortgaged? . what is the purpose of a chattel mortgage? . does a chattel mortgage require a consideration? . can there be a chattel mortgage without a debt to be secured? . must a chattel mortgage be in writing? . _a_ mortgages his horse to _b_ to secure a debt of $ . . _a_ delivers the horse to _b_. the mortgage is oral. is it binding? . what is the reason for filing or recording a chattel mortgage? . does a chattel mortgage of property, possession of which is given the mortgagee, have to be recorded to be binding? . who is entitled to possession of mortgaged personal property? . _a_ mortgages his household furniture to _b_, later he stores the furniture with _c_. _c_ acquires a storage keeper's lien. is the latter's lien superior to _b's_? . does a mortgagor retain an interest which he may dispose of? . does a mortgagee have absolute title to the property mortgaged? . if _a_, the mortgagee of personal property, sells the debt secured by the mortgage to _b_, what becomes of the mortgage? . when the mortgagor defaults in payment of the secured debt, how may the mortgagee obtain possession of the property? . define _equity of redemption_. . can a mortgagor enforce his equity of redemption after the mortgagee has obtained possession of the property? . can a mortgagee enforce his equity of redemption without paying the mortgage debt? . define _foreclosure_. . what is the purpose of foreclosure? . how is foreclosure enforced? carriers . define and give an example of _common carrier_. . define and give an example of _private carrier_. . what constitutes a person or company a common carrier of goods? . is a common carrier of goods obliged to carry goods of all kinds? . distinguish _common carrier_ and _private carrier_. . what is the exceptional liability of a common carrier, and what is the reason for this liability? . if goods intrusted to a common carrier are lost without negligence of the carrier is the latter liable to the owner? . is the exceptional liability of an insurer a matter of express or implied contract? . what are the exceptions to the liability of a common carrier as an insurer of the goods intrusted to his care? . define and give an example of _public enemy_. . define and give an example of _act of god_. . is a common carrier permitted to limit his common law liability as an insurer of the goods by special contract? . is a common carrier permitted to stipulate against the carelessness of his agents or servants? . is a common carrier permitted to limit his liability as an insurer of goods by stipulating in the bill of lading issued that the valuation is limited to a certain amount, unless informed otherwise by the shippee? . what does the interstate commerce act provide relative to the above question? . what is a _bill of lading_?. . distinguish bill of lading and shipping receipt. . what are the two essential features of a bill of lading? . in what sense, if any, is a bill of lading a negotiable instrument? . _a_, in cleveland, orders a car of hogs from _b_, in buffalo. _b_ delivers the hogs to the railway company in buffalo, to be shipped to _a_ in cleveland. in whom is the title to the hogs? . if _a_ stipulates that the hogs are to be delivered f. o. b. cleveland, in whom is the title to the hogs after they are delivered to the railway company, and before they reach cleveland? . what goods, and under what circumstances, is a carrier obliged to accept for shipment? . explain the meaning of _stoppage in transitu_. under what circumstances is a shipper permitted to exercise the right? . what carriers are obliged to make delivery at the residence or place of business of the consignee, and what carriers are obliged only to deliver at their depots or warehouses? . define and explain _carrier's lien_. . how may a carrier enforce his lien? . why is a common carrier not permitted to discriminate between shippers? . when, if at all, is a carrier of mail liable for negligence? . is the government liable to an owner of mail for its loss? . what are the principal features of the interstate commerce act of ? [illustration: entrance to the administration building of the werner company, akron, ohio] carriers of passengers . is every person or company carrying passengers for compensation a common carrier? . are owners of buildings operating elevators common carriers of passengers? . when does a person become a passenger? . is a person traveling on a pass a passenger within the legal meaning of the term, passenger? . is a public carrier of passengers obliged to accept all who present themselves as passengers? . when, and how, may a public carrier eject a passenger? . what degree of care is a public carrier of passengers obliged to exercise? . what constitutes baggage? . what is the liability of a carrier of passengers for loss or injury to baggage? innkeepers . must a person represent himself as being ready and willing to furnish both food and lodging to all who desire to become guests, in order to be an innkeeper? . are boarding-housekeepers innkeepers? . are innkeepers obliged to receive all persons who present themselves as guests if the regular price is tendered? . what degree of care in the protection of guests is required of innkeepers? . what degree of care is required of innkeepers in the protection of the baggage of guests? . what is an _innkeeper's lien_? . how may an innkeeper enforce his lien? real property . define _real property_. . what is included in the term, real property? . define and give an example of _hereditament_. . define and give an example of _tenement_. . are standing trees real or personal property? . are trees blown down real or personal property? . what is the practical distinction between real and personal property? . define _emblements_. . do emblements belong to the tenant or to the landlord? . are apples emblements? if not, why not? . how may a wall become a party wall by prescription? . define _fixtures_. . are fixtures real or personal property? . does the rule as to fixtures differ in case of a tenant, and in case of an owner? . do owners of adjoining property own a partition fence jointly or does each one own a particular part of the fence? . define and give an example of a _way of necessity_. . define and give an example of a _way of convenience_. . how are highways ordinarily established? . how may a highway be established by prescription? . into what classes are estates divided as to the quantity of interest held? . what is a _freehold estate_? . from what is the term, freehold, derived? . define and give an example of an _estate in fee simple_. . what is meant by _entailing an estate?_ . what was the reason for the practice of entailing estates? . to what extent may an estate be entailed in this country? . what is the rule against perpetuities? . define and give an example of a _life estate_. . what claims do life estates embrace? . define _estate by the curtesy_. . define and give an example of _dower estate_. . define and give an example of _homestead estate_. . define and give an example of an _estate for years_. . is a lease for two months an estate for years? . may a holder of an estate for years transfer it? . what is meant by _waste_? . what is the general rule relating to waste? . give an example of an _estate at will_. . distinguish an _estate at will_ from an _estate at sufferance_. . how may an estate at will be terminated? . define and give an example of an _estate in remainder_. . distinguish _vested_ and _contingent remainder_. . distinguish _estates in reversion_ from _estates in remainder_. . how may title to real property be acquired? . define _deed_. . define _deed poll_. . define _indenture_. . what are the formal parts of a deed? . what things are included in the premises of a deed? . what is meant by the _habendum_ and _redendum clause_ of a deed? . what is a _warranty of a deed?_ . what are the general warranties of a deed? . what things are included in the conclusion of a deed? . what is meant by the _acknowledgment of a deed?_ [illustration: a corner in the john crerar library, chicago, ill.] commercial law part v mortgages of real estate = . mortgage defined.= by the common law, a mortgage was an absolute deed of conveyance, by the terms of which the debtor was entitled to receive a reconveyance of the property upon payment of the debt described in the mortgage, or upon performing the conditions for which the mortgage was given. for example, _a_ owes _b_ one thousand dollars, _a_, to secure the debt, gives _b_ an instrument of conveyance of his house and lot, the instrument containing a provision that if _a_ pays _b_ one thousand dollars ($ , . ) on or before january st, , _b_ is to reconvey the house and lot to _a_. the above represents a mortgage at common law. as explained later, a present day mortgage is somewhat different. at common law, the creditor had possession of the property from the time the mortgage was given, unless it was expressly agreed that the debtor was to remain in possession. the real purpose of a mortgage is to give security for a debt or obligation. to permit a creditor to keep the mortgaged property upon default of the debtor to pay the debt when due, is unjust in many cases. for example, if _a_ gives a mortgage to _b_ upon property worth one thousand dollars, to secure a debt of three hundred dollars, and _a_ defaults in payment, it is unjust to permit _b_ to keep the property. courts of equity have for a long time regarded this transaction as a mere security for a debt, and not an absolute transfer of title to property. courts of equity long ago permitted the debtor to file a petition in a court of equity asking that the property be reconveyed to him upon payment of the debt, and damages due the creditor. courts of equity recognize this right of the debtor, which is called _equity of redemption_. at the present time mortgages are, in form, an absolute conveyance of real estate, with a condition that the title is to revest in the debtor, or that the conveyance is to be void and of no effect, if the debtor pays the debt or performs the condition. if the debtor fails to perform this condition at the time stipulated, he is still able to enforce his equity of redemption. this, in effect, makes a mortgage of real estate a mere security for a debt. the creditor is permitted to cut off the debtor's right of redemption by foreclosure, which is discussed under a separate section. = . parties to a mortgage contract.= a mortgage of real estate is a contract. like any contract, it requires competent parties, a consideration, mutuality, etc. (see _essentials of a contract_, chapter on contracts.) the party conveying the real estate to another as security for the debt is called the _mortgagor_, the party to whom the mortgage is given is called the _mortgagee_. = . possession of mortgaged property.= originally at common law, the mortgagee was entitled to the possession of the mortgaged premises as soon as the mortgage was given, and before default of the mortgagor to pay the debt described in the mortgage. at the present time, the mortgagor is entitled to possession of the mortgaged premises until after default of payment of the mortgage debt. after default, the mortgagee may take possession of the premises. some states now provide by statute, that the mortgagor shall have possession of the mortgaged premises until he defaults in payment of the mortgage debt. independently of such a statute, the mortgagor has the right to possession of the mortgaged premises before default of payment of the mortgage debt. this is by reason of the fact that the law regards the transaction as a security for a debt rather than an absolute transfer of title. parties are permitted to enter into any contract they choose so long as the provisions are legal. parties to a mortgage may stipulate who is to have possession before default or payment on the part of the mortgagor. if it is stipulated that the mortgagee is to have possession, he is entitled to it under the terms of the mortgage contract. if no stipulation is made, the mortgagor impliedly is given the right of possession before default. = . deeds as mortgages.= if a deed, absolute on its face, is given by a debtor to a creditor to secure a debt, it will be treated by a court of equity as a mortgage. equity regards the substance of things rather than the form. (see _courts of equity_ under chapter on courts, remedies, and procedure.) courts of equity were originally created for the purpose of granting justice where the rules of the common law failed. in england, they were called _courts of chancery_. a judge sits alone as a court of equity, without the aid of a jury. when there is no remedy at law, and a wrong exists, equity affords a remedy. in this country, the same court frequently sits as a court of equity as well as a court of law. in the case of deeds absolute on their face, if it was the intention of the parties that the conveyance was to constitute a security for a debt, rather than a sale, a court of equity will permit the grantor to secure a return of the property upon payment of his debt. equity looks at the substance of the transaction disregarding the form. if mortgages are not in proper legal form, and either party is not permitted at law to enforce his right, equity will enforce the transaction according to the intention of the parties. informal or incomplete mortgages are called _equitable mortgages_. = . the debt secured.= a mortgage is a contract, and like any contract, must be supported by a consideration. (see _consideration_, chapter on contracts.) the consideration of a mortgage may be anything of benefit to the one giving the mortgage, or any detriment to the one receiving the mortgage. the consideration of a mortgage ordinarily is an advancement or loan, past or present, made by a mortgagee to the mortgagor. that is, a mortgage is given as security for some debt or obligation in favor of the mortgagee. this debt is usually described in the mortgage as a promissory note. even though no note has been given, if the amount described in the mortgage as a promissory note is the amount of the debt, or if any debt exists, the mortgage is valid. a mortgage may be given to cover future advances, or for a pre-existing indebtedness. if a mortgage is given as security for a promissory note, it will secure all renewals of the note as well. = . essentials of a mortgage.= a mortgage is an instrument for the conveyance of land. by the provisions of the statute of frauds, such instruments must be in writing to be enforceable. (see _statute of frauds_, chapter on contracts.) the states provide by statute that mortgages must be recorded to be effective as against subsequent innocent purchasers, mortgagees or creditors. mortgages must be in writing for the purpose of recording, as well as to comply with the statute of frauds. when a mortgagee takes possession of the mortgaged premises, this is sufficient notice to creditors and subsequent purchasers of his interests. in this event the mortgage need not be reduced to writing nor recorded. mortgages are usually written in the form of formal deeds. (see _form of deeds_, chapter on real property.) although it is good business practice to follow these well recognized forms in drawing mortgages, an informal instrument describing the parties and the property mortgaged, and showing an intent to make a mortgage is sufficient. some states by statute provide a short statutory form. this form may be used, but does not prevent the common law form from being used. a mortgage is given to secure a debt or obligation. this debt or obligation should be set forth in the mortgage, and the time when it is to be paid or performed should be set forth. the mortgage should also contain a description of the property mortgaged. a complete and accurate description, such as is used by surveyors, is the best form. by this means, a person can locate the property directly from the description given in the mortgage. it is sufficient if the description given enables a person to locate the property either by reference to another record containing a description, or by its own terms. a surveyor's description is better, however. a mortgage should contain the names of the grantor and the grantee. the mortgagor is entitled to his equity of redemption. that is, he is entitled to the right to file a petition in a court of equity, offering to pay the mortgage debt, interest, and damages to the mortgagee, and asking for a return of the property. this may be done at any time before foreclosure by the mortgagee. foreclosure is discussed under a separate section. = . power of sale and delivery in escrow.= if a mortgagor stipulates in the mortgage that he waives, or will not enforce his equity of redemption, the law does not permit the mortgagee to enforce such a stipulation. it is regarded as against public policy, and illegal. whenever there is a mortgage, there is an equity of redemption in favor of the mortgagor. some mortgages contain a stipulation that in case the mortgagor fails to pay the mortgage debt when due, the mortgagee may sell the property, deduct his claim costs and expenses, and return the balance to the mortgagor. such mortgages are called _power of sale mortgages_. they are valid and enforceable. the mortgagor's equity of redemption is protected, in that he receives the balance of the proceeds of the sale of the mortgaged premises, after the mortgage debt and expenses are paid. the sale, under a power of sale mortgage, must be public and _bona fide_. a mortgage must be signed by the mortgagor. this is called in law, _execution of the mortgage_. the mortgage must also be attested. this means that the signing must be in the presence of a witness or witnesses. this requirement is a statutory one. some states require only one witness, others two. if a mortgage is to be recorded, the signature of the mortgagor must be acknowledged before a notary public or officer authorized to administer oaths. this is called _acknowledgment_. it means that the mortgagor acknowledges the making of the signature in the presence of an officer authorized to administer oaths. the officer writes a certificate of this acknowledgment on the mortgage. acknowledgment is a statutory requirement. a mortgage will not be received for record by the public recorder, unless it has been acknowledged. a mortgage given by a married man must contain a waiver of dower by the mortgagor's wife, or the wife will have a dower estate therein if her husband dies before she dies. the mortgage of a married man should contain a statement that the wife waives her dower interest, and the wife should sign the mortgage before witnesses, and acknowledge her signature. a mortgage, like any written contract, does not become effective until delivered. by _delivery_ is meant giving possession of the instrument to the mortgagee or his agent, with intent that it is to become effective from that date. if a mortgage or written instrument is delivered to a third person to be held for a certain purpose or until a certain time, this is called _delivery in escrow_. = . what interest in real estate may be mortgaged.= any interest in real estate which is the subject of transfer or sale may be mortgaged. one who has the absolute title, called _fee simple interest_, in real estate may mortgage it. a mortgage is not regarded as a transfer but merely as a security for a debt or obligation. the mortgagor retains an interest called his equity of redemption. for all practical purposes, a mortgage of real estate means that the mortgagee may sell the property mortgaged upon failure of the mortgagor to pay the mortgage debt when due. the mortgagee may keep enough of the proceeds of the sale to satisfy the mortgage debt. the equity of redemption of a mortgagor and the remainder must be returned to the mortgagor, or his right to the proceeds of the sale of mortgaged premises, after the mortgage debt is paid, is an interest which in turn may be mortgaged. a mortgagor may give successive mortgages so long as he finds persons willing to accept them as security. in practice, second and third mortgages on real estate are common. not only may real estate be mortgaged, but anything permanently connected with real estate, such as crops, trees, horses, and buildings. articles of personal property which have become permanently annexed to real estate are called _fixtures_. (see _fixtures_, chapter on real estate.) if title to real estate has been obtained by fraud, a valid mortgage may be given to one who has no notice of the fraud. the principle involved is that a title obtained by fraud or duress is voidable. the party defrauded may obtain a reconveyance of the property as against the party practicing the fraud, but not as against innocent purchasers who have had no notice of the fraud. if, however, a conveyance is attempted by means of a forgery, no title to the property passes to the purchaser, who in turn can convey nothing by mortgage or otherwise. similarly, a party who has conveyed his interest in real estate absolutely, by deed or contract, has nothing left to convey, and cannot give a mortgage. an interest in real estate less than absolute ownership, as a life interest, or a mere lease, or term for years, is an interest which may be mortgaged. = . recording mortgages.= to be effectual against creditors, subsequent purchasers, and mortgagees, most of the states require by statute, that mortgages be recorded with the public recorder of the county where the property is located. these statutory provisions do not render mortgages ineffectual as between original parties. _a_ gives a mortgage on his house and lot to _b_. _b_ does not have the mortgage recorded. if _a_ fails to pay the mortgage debt when due, _b_ may foreclose. as against _a_, _b's_ mortgage is enforceable without being recorded. if, however, _a_ gives a subsequent mortgage to _c_, and _c_ records his mortgage, _c's_ mortgage is superior to _b's_. if _a_ sells the property to _d_ after mortgaging it to _b_, _b_ not recording the mortgage, _d_, upon having his deed recorded, takes the title free of _b's_ mortgage. if _a_ gives _b_ a mortgage, _b_ not having the mortgage recorded, and _e_ obtains a judgment against _a_ and levies upon the real estate mortgaged to _b_, _e_ obtains a lien superior to _b's_. the statutes of a few states provide that mortgages become effective from the time they are left with the recorder for record. the recorder stamps on the mortgage the time it is left for record, and the mortgage becomes effective from that time. suppose _a_ on the second of february gives a mortgage on his house and lot to _b_, for $ . , and then on the fifth of february gives a mortgage on his house and lot to _c_ for $ . . if _c_ has his mortgage recorded february sixth, and _b_ has his mortgage recorded february seventh, _c's_ mortgage is superior to _b's_. in the few states where a mortgage does not become effective until received for record, the one first received for record is superior to others, even though the mortgagee first leaving his mortgage for record takes his mortgage with actual notice of the prior mortgage. the general rule is that one who takes a mortgage with actual notice of other mortgages, takes subject to such mortgages. to be received for record, a mortgage must be acknowledged. this means that the mortgagor must acknowledge the signature to the mortgage before a notary public or officer authorized to administer oaths. the officer makes a certificate of the acknowledgment on the mortgage. = . transfer of mortgages and mortgaged premises.= while, in form, a mortgage is a transfer of real estate, it is regarded merely as security for a debt. the mortgagee is not permitted to transfer title to the real estate. he is, however, permitted to transfer the interest which he possesses in the mortgaged premises. such a transfer is called an _assignment_. it is a contract of sale by which the mortgagee sells his interest in the mortgage. (see _assignment of contract_, chapter on contracts.) for example, if _a_ mortgages his farm to _b_ as security for a one-thousand-dollar promissory note, _b_ cannot convey title to the property mortgaged, to _c_, but he may sell his interest in the mortgage to _c_. the mortgage cannot be sold separately from the debt secured. the mortgage, separated from the debt, represents nothing of value. if, in the example above given, _b_ endeavors to sell the note to one person, and the mortgage to another, the purchaser of the mortgage takes nothing. a sale of the debt secured by the mortgage, carries with it the mortgage security, unless it is expressly agreed that the debt is transferred without the security of the mortgage. if _a_ mortgages his farm to _b_ to secure a promissory note for one thousand dollars, and _b_ sells the note to _c_, _c_ takes the security of the mortgage as well as the note, unless it is expressly agreed between him and _b_ that the security of the mortgage is not transferred with the note. after _b_ sells _c_ the note, _b_ cannot cancel the mortgage. the mortgage now belongs to _c_. if _a_ mortgages his farm to _b_ to secure two promissory notes of $ . each, and _b_ sells one of the notes to _c_, in the absence of an agreement to the contrary, _c_ has one-half interest in the mortgage as security for his note. _b_ may, however, expressly stipulate in the sale of his note to _c_, that _b_ is to retain the entire mortgage security for his own note. when a debt secured by a mortgage is assigned, the assignee should immediately notify the mortgagor of the assignment, in order that the mortgagee shall pay him, and not the assignor. this is the safe policy to follow, although technically, the mortgagor before paying the mortgage debt should be sure that the mortgagee is still the owner of the note, debt, or other obligation, secured by the mortgage. a mortgagor is permitted to sell his interest in the mortgaged premises before satisfying the mortgage. he may sell his equity of redemption, or he may sell in such a manner that the purchaser assumes the mortgage. if the mortgagor sells the mortgaged premises, the purchaser agreeing to assume the mortgage as between the mortgagor and the purchaser, the purchaser must pay the mortgage. the mortgagee, however, is not bound by this agreement. he may disregard it. he may accept the benefit of it if he chooses and sue the purchaser on this contract. (see _contract for the benefit of third persons_, chapter on contracts.) if, however, the mortgagee agrees to accept the purchaser of the mortgagor's interest as the debtor, the original mortgagor is relieved thereby. = . satisfaction of mortgages.= a mortgage is given as security for a debt or obligation. it is satisfied by payment of the debt, or fulfillment of the obligation. the mortgage debt may be paid by the mortgagor himself, by a purchaser of the mortgagor's interest, by a subsequent mortgagee, or by any one having an interest in the real estate mortgaged. if anyone, other than the mortgagor, pays the mortgage debt to protect his own interest, he is thereby entitled to the benefit of the mortgage. this is called _subrogation_. if _a_ owes _b_ $ , . , and gives _b_ a note for that amount, secured by a real estate mortgage on a farm, _c_ signing the note as surety or guarantor, in case _c_ pays the note upon default of _a_, _c_ is entitled to _b's_ benefit in the mortgage. payment of a mortgage debt may be made to a mortgagee, himself, his assignee of the mortgage debt, or any agent or authorized representative of the mortgagee. a party not having an interest in the land cannot voluntarily pay a mortgage debt, and claim the benefit of a mortgage by subrogation. a party interested in the land, even the mortgagor, himself, cannot compel the mortgagee to accept payment before the mortgage debt is due. upon payment of a mortgage debt, the title to the mortgaged premises by this act becomes absolute in the mortgagor. at common law, if the mortgagor paid the mortgage debt when due, the mortgagee had to reconvey by deed the mortgaged premises to the mortgagor to give the latter title. but at the present time, a mortgage is not regarded as a conveyance of title, but merely as a security for a debt, the title vesting absolutely in the mortgagor any time he pays the debt before the actual foreclosure of this right by the mortgagee. when the mortgagor pays the mortgage debt, he is entitled to a written satisfaction of the debt. this is a mere written statement that the mortgage is satisfied, signed by the mortgagee. the mortgagor is thus enabled to have the mortgage cancelled of record, which gives the public notice that the mortgage is no longer effective. the mortgagor presents his written statement of satisfaction to the public recorder, who enters it in his record of the mortgage. = . equity of redemption.= a mortgagor does not lose his interest in the mortgaged property by failure to pay the mortgage debt when due. courts of equity regard a mortgage as a security for a debt, and not a transfer of real property. even though the mortgagor fails to pay the mortgage debt when due, and in spite of the fact that the mortgage purports to be a transfer of real estate, conditioned only on the payment of the debt described, equity refuses to regard the transaction as a sale, and permits the mortgagor to recover the property by paying the debt, interest, and expenses connected with the mortgage, at any time before the statute of limitations cuts him off. the states have statutes requiring suits of different kinds to be brought within certain periods. these statutes vary somewhat in the different states. most states require an action by which a mortgagor enforces his equity of redemption, to be brought in about twenty or twenty-one years after the debt becomes due. the mortgagor himself or anyone to whom he transfers, or who acquires his interest, is entitled to the equity of redemption. if _a_ mortgages his farm to _b_, to secure a promissory note of one thousand dollars due in one year, _a_ does not lose his right to the property by failure to pay the note when due. he may bring a suit in equity at any time, usually within twenty-one years, after the note becomes due, offering to pay the mortgage debt, interest, and costs, and asking for a return of the property. equity now gives the mortgagee a right to cut off the mortgagor's right of redemption by foreclosure. this is discussed in the following section. = . foreclosure of mortgages.= a mortgagor has the right to redeem the property at any time within the statute of limitations, after the mortgage debt becomes due. the mortgagee does not have to wait the pleasure of the mortgagor to redeem or abandon the right. equity gives the mortgagee the right to cut off the mortgagor's equity of redemption by foreclosure. by foreclosure is meant the mortgagee's right to file a petition in a court of equity asking that the property be sold, and that from the proceeds, the amount of the mortgage debt and costs first be paid, and that the balance be paid the mortgagor. the court orders the property advertised and sold, and the proceeds distributed as above described. some mortgages contain a stipulation concerning foreclosure. these mortgages are called _power of sale mortgages_. it is stipulated that when the mortgagor is in default of payment, the mortgagee may advertise and sell the property, deducting from the proceeds the mortgage debt, interest, and expenses, and paying the balance to the mortgagor. these power of sale mortgages are enforceable. the sale must be free from fraud, public, and the mortgagee cannot become a purchaser unless so stipulated in the mortgage, or so provided by statute. the states usually provide by statute a method of foreclosure. these statutes frequently provide that a mortgagee may enforce his mortgage, and obtain a judgment against the mortgagee on the mortgage debt in the same action. if the mortgaged premises do not bring enough to satisfy the judgment, the balance may be enforced against the mortgagor by seizing any property subject to execution that he possesses. trusts = . defined and classified.= in a popular sense, the term, _trust_, is often used to designate combinations of capital or combinations among business men for the purpose of destroying competition, or for the purpose of regulating prices. this is not the meaning of the term as used in this chapter. it is here used to mean an estate of some kind held for the benefit of another. a trust has been defined to be "an obligation upon a person, arising out of a confidence reposed in him, to apply property faithfully according to such confidence." _a_, by will, appoints _b_ trustee of his farm, for the benefit of _c_. upon _a's_ death, if _b_ accepts the duty imposed upon him by the will, a trust is thereby created in which _b_ holds the legal title to the farm, for the benefit of _c_. trusts are sometimes classified as _general_ and _special_. if the property is conveyed by deed or will to another to be held in trust for a third person, without specifying any of the duties of the second person, it is said to be a general or simple trust. if, however, the duties of the second person or trustee are defined, the trust is called a special trust. a trust for the benefit of an individual or individuals is called a _private_ trust, while one for the benefit of a public institution, or for the public, is a _public_ trust. if _a_ gives his property to _b_ to care for the poor of the city of chicago, the trust is public. as to their method of creation, trusts are usually divided into _express_, _implied_, _resulting_ and _constructive_ trusts. = . parties to trusts.= the party creating a trust is called the _grantor_ or _settlor_. the party to whom the title to the property is given to hold for the benefit of another is called the _trustee_. the party for whose benefit the trust is created is called the _cestui que trust_. if the beneficiaries are more than one in number, they are termed _cestui que trust_. if _a_ deeds his land to _b_ for the benefit of _c_, _a_ is the settlor, _b_ is the trustee, and _c_ is the _cestui que trust_. = . who may be parties to a trust.= persons of lawful age, and competent to make contracts, including corporations, may create trusts. any person competent to make contracts, including corporations, may act as trustee. even infants (persons under legal age) may act as trustees if the duties require the exercise of no discretion. an infant may hold the legal title as trustee, and if the duties require the exercise of discretion, the court will remove him or appoint a guardian to perform his duties. anyone capable of holding the legal title to property may be a _cestui que trust_. this includes corporations, aliens, and, in case of charitable trusts, infants. any kind of property, whether real or personal, may be given in trust. this includes lands, chattel property, promissory notes, accounts, and kindred property rights, regardless of where the property is located. = . express trusts.= an _express trust_ is one created by the express written or oral declaration of the grantor. if _a_ gives a deed of his farm to _b_, by the terms of which _b_ is to hold the farm in trust for _c_, _a_, the grantor, has created an express trust in favor of _c_, _b_ as trustee holds the legal title to the farm, and _c_, as _cestui que trust_ or beneficiary, holds the beneficial or equitable interest. _a_, before giving the deed of trust, was the absolute owner of the farm. that is, _a_ held the legal title and the equitable interest in the farm. by creating the trust, he placed the legal title in one person and the equitable or beneficial interest in another. originally, in england, at common law, trusts could be created by oral declaration as well as by written instruments. at that time, land could be transferred without written instruments. the seller took the buyer on to the land to be conveyed, and in the presence of witnesses delivered to him a symbol of the land, such as a piece of turf or a twig. about , the statute of frauds was passed by the english parliament, requiring among other things, that conveyances of lands, including the creation of trusts therein, must be by written instruments. this provision of the statute of frauds has been re-enacted by most of the states of this country. at the present time, trusts in real estate must generally be created by written instrument. trusts may be created by will to take effect at the grantor's death. trusts may be created in personal property. except when created by will, trusts in personal property may be created by oral declaration of the grantor. a grantor may create a trust voluntarily. if actually carried out, or if the grantor's intention to create the trust is expressed as final, it requires no consideration to support it. if the declaration of trust amounts to a mere agreement to create a trust, and is not carried out, it requires a consideration to enable the beneficiary to compel its execution. after an express trust is completed, it cannot be revoked by mutual agreement between the grantor and trustee without the consent of the _cestui que trust_. [illustration: the assembling department in the comptometer factory, chicago felt & tarrant mfg. co.] the most common forms of express trusts are created by deed, by will, or by contract. any declaration of the grantor, no matter how informal, if expressing his intention to create a trust, is sufficient to create a trust. a trust cannot be created for an immoral or illegal purpose. = . implied trusts.= when a person by deed or will does not use language expressly creating a trust, but uses language showing his intention to create a trust, one will be implied. such a trust is known in law as an _implied trust_, as distinguished from an _express trust_. if _a_ devises all his property to his son, _b_, the will containing the following language: "i request my son, _b_, to pay his cousin, _c_, $ . per month during his life," this language is held to create a trust in favor of _c_, wherein _b_ is trustee. = . resulting trusts.= one party may so conduct himself, or so deal with another, that a court will declare the transaction to be a trust, even in the absence of any express declaration, or of an intention on the part of the parties to create a trust. such a trust is known in law as a _resulting trust_. _j_, to avoid paying his creditors, purchases property in the name of his wife, _k_. _k_ is a trustee for her husband, _j_, and creditors can by suit in equity subject _j's_ interest in the property. if _a_ purchases property, and takes the deed in the name of _b_, _b_ is trustee for _a_. _b_ is the legal owner, and _a_ is the beneficial or equitable owner. if a third person purchases the property from _b_, without notice of _a's_ rights, and for value, the third person takes good title to the property free from _a's_ claim. in this country, the states generally require by statute, that deeds and mortgages of real estate must be recorded. if an equitable owner does not have a properly recorded written instrument showing his interest in the real estate in question, thereby giving future purchasers notice of his interest, he cannot complain unless the third person has actual notice of his rights or purchases without giving a valuable consideration. a resulting trust is not created by agreement or contract to that effect, but is created by the trustee using money or funds of the _cestui que trust_ in the purchase of property in his own name. = . constructive trusts.= if one person is in a confidential relation to another, and misappropriates the money of the other, this act is said to create a _constructive trust_, in which the defrauding party is trustee, and the defrauded party is beneficiary, or _cestui que trust_. a constructive trust differs from a resulting trust in that the former involves fraud on the part of the trustee, exercised on the _cestui que trust_, while a resulting trust never involves fraud between the trustee and _cestui que trust_, although created for the purpose of defrauding third persons. if _a_, an attorney, is employed by _b_ to collect a note of $ . , and fraudulently reports a collection of $ . , keeping $ . , a constructive trust results, in which _a_ is trustee for _b_, for $ . . if _a_, for the purpose of defrauding his creditors, deposits his money in bank in _b's_ name, a resulting trust arises in which _b_ is trustee for _a_, and _a's_ creditors can subject the property. anyone defrauding another by duress, by taking advantage of old age or of mental weakness, or by fraud, becomes the trustee for the wronged party in the amount the latter has lost. = . rights and liabilities of trustee.= a trustee of an express trust need not accept the trust against his will. if _a_ by deed, will, or written declaration, names _b_ as trustee of certain property for _c_, _b_ need not accept unless he so desires. if _b_ refuses to act as trustee, the trust does not fail by reason thereof. a court may appoint another trustee or may itself administer the trust. after accepting a trust, a trustee cannot resign without the consent of the _cestui_. he may be removed by the court for misconduct, or he may transfer his duties, if so stipulated in the instrument creating the trust. in england during the reign of henry viii, a statute was passed called the _statute of uses_, declaring that real property given to one person and his heirs in trust for another and his heirs, should vest the legal title in the trustee. thus, if _a_ gives real estate to _b_ and his heirs in trust for _c_ and his heirs, _c_ takes the legal title. the statute of uses is in force in most of the states of this country. it does not apply to personal property, and if the trustee is given some duties, such as to collect rents, or to do anything except to hold the legal title as trustee, the case is not within the statute of uses, and the trust will be carried out. a trustee holds the legal title to the trust estate. suits against the estate must be brought against him as trustee, and suits for the protection of the estate must be brought by him as trustee. a trustee has the right to possession of all personal property covered by the trust, and to possession of the real property, if necessary to execute the terms of his trust. a trustee must protect the estate and perform his duties with care, or be liable to the beneficiary for any damages resulting. he is not permitted to make any profit out of his office. any profit made by him through his connection with the trust estate belongs to the beneficiary. = . rights and liabilities of beneficiary.= a _cestui que trust_ has the right to receive the benefits of the trust estate as outlined in the instrument creating the trust. if the trustee fails properly to perform his duties, the _cestui que trust_ may bring legal action to have him removed. a trustee has legal title to the trust property, and may convey good title to one who purchases for value, and without notice of the trust. the _cestui que trust_ can follow and regain trust funds or property, if the latter are conveyed to persons not _bona fide_ purchasers. landlord and tenant = . in general.= the term, _landlord and tenant_, is applied to the relation existing between one who obtains the right to the possession of the real property of another, under a contract by the terms of which the title or ultimate right to possession, or at least some interest in the property, remains in the grantor. the relation existing between landlord and tenant is contractual. like all contracts, there must be a consideration, competent parties, and legality of purpose. the contract by which one party becomes a tenant is called a _lease_. the party granting a lease is called the _landlord_. the owner to whom the lease is given is called the _tenant_ or _lessee_. a lease of property is not a sale. by a lease of real property, the lessor grants but a portion of what he possesses. by making a sale of real property, the grantor transfers his entire interest. if a tenant transfers his entire interest in the lease, it is a sale, and is usually called an _assignment_. if a tenant sublets a portion of his interest in the lease, he, himself, becomes a landlord, and the sublessee becomes a tenant. = . rights of a tenant.= the form and contents of a lease are discussed under a separate section. parties to a lease may agree to any terms they choose, if the terms are legal. in the absence of express stipulations in a lease, many things are implied. a tenant is entitled to the possession and use of the premises leased, from the time mentioned in the lease for it to take effect. by possession is meant the right to take actual possession of the premises without being prevented by one having a right superior to that of the tenant. a tenant is permitted to rent any premises he chooses. a landlord, on the other hand, may lease to a tenant any premises he possesses. there is no implied warranty on the part of the landlord that premises leased are in good condition, or that they are fit for any particular purpose. the tenant makes his own bargain, and, as in the case of making a purchase of goods, or in making any contract, he must take care of his own interests. the tenant may stipulate in the lease that the premises are to be in a certain condition, that they are adapted to a certain purpose. in this event, the tenant is not obliged to accept the premises if they do not comply with the terms of the lease, or he may bring an action for damages against the landlord for not complying with the terms of the lease. in the absence of any express stipulation as to the condition of the premises, or their suitableness for the purpose for which they are to be used, the law implies nothing. a landlord is not permitted to defraud a tenant. he cannot conceal or misrepresent material facts relating to the lease. if there is a misrepresentation of a material fact by the landlord, which is relied upon by the tenant to the latter's injury, the tenant has been defrauded. he may refuse to accept the property, or he may repudiate the lease as soon as he discovers the fraud. a tenant impliedly has the right to quiet enjoyment of the premises leased. the landlord must not disturb the tenant's right to quiet possession. if the landlord, himself, or one who legally claims a right to possession of the premises disturbs the tenant's possession, the latter may sue the landlord for damages. if a mere trespasser or one who wrongfully claims the right, disturbs the possession or quiet enjoyment of the tenant, the landlord is not liable. the acts of strangers are beyond his control. the tenant may use the premises for the purposes stipulated in the lease. in the absence of express stipulation, he may use the premises for the purpose and in the manner in which the property leased is customarily used. = . taxes, repairs, and insurance.= the general rule is, that in the absence of express stipulation in the lease to the contrary, all taxes are to be paid by the landlord. even though the lease provides that the tenant is to pay all taxes, this does not include special assessments, such as assessments for city paving and sewers. water rent is not included in the general term, _taxes_. the landlord is obliged to pay all taxes on the property unless the tenant expressly assumes them. in the absence of any express stipulation, the tenant must pay water-rent. there is no implied duty on the part of the tenant to insure the property leased. a tenant is, in the absence of any express stipulation, required to keep the property in repair. he is not liable for ordinary wear and tear of the property, but must make ordinary repairs at his own expense. if the property is destroyed by fire without the fault of the tenant, the tenant is not liable for the loss. he is not obliged to rebuild the property destroyed. the lease is ended by the destruction of the property by fire, and the tenant is not obliged to pay further rent. the above is the rule fixed by statute in most states. the common law rule was that a tenant was not relieved from paying rent by the destruction of the building by fire. = . liability for injuries arising from condition of leased premises.= in the absence of any stipulation in the lease relative to the condition of the premises leased, the tenant is presumed to make the lease on his own judgment. there is no implied duty on the part of the landlord to deliver the premises in any particular condition. this rule is subject to the limitation that a landlord is not permitted to deliver possession of premises containing latent defects of such a character as would be liable to cause injury to a tenant. if injury results from such latent defects, the landlord is liable in damages to the tenant. as a rule, however, the tenant takes the premises as they are, and if injury results to himself by reason of apparent defects in the premises, he has no right of action against the landlord. the tenant has control of the premises. if persons are injured by reason of accummulations of snow or ice on the walks, the tenant, and not the landlord, is liable therefor. = . rent.= the compensation given by a tenant to a landlord for the use of leased premises is called _rent_. a tenant may become liable for rent without any express agreement to that effect. if one person, with the consent of another, occupies the premises of the latter as a tenant, he is liable to pay the reasonable value of such occupancy, as rent. this obligation is implied from the relation of landlord and tenant existing between the parties. ordinarily, the matter of rent is expressly agreed upon and, until the tenant is evicted, his lease surrendered, or he is released, he is obliged to pay the landlord rent. the tenant's liability to pay rent does not necessarily depend upon actual occupancy of the leased premises. he may rent the premises for the use of another, or he may, without excuse, refuse to accept possession of the premises. in either event, he is liable for rent. if the lease expressly stipulates that the premises are in a certain condition as to plumbing, etc., the tenant may refuse to accept the possession if the conditions are not fulfilled. if, on the other hand, the tenant leases premises, nothing being said about their condition, the tenant is presumed to rely upon his own judgment, and the fact that the premises are uninhabitable by reason of defective plumbing, by reason of unhealthful conditions, or for any reason, does not release him from his contract. he is liable to pay the rent agreed upon. the landlord is not permitted to defraud the tenant. he cannot mislead the tenant by false or fraudulent representations. fraud enables a tenant to avoid a lease. if a tenant refuses to accept possession of premises leased, or abandons the premises without excuse, he is still liable for the rent for the balance of the term. if he surrenders the lease, and the landlord consents to the surrender, the tenant is relieved from further liability. but a voluntary abandonment by the tenant, not consented to by the landlord, does not relieve the tenant from liability to pay rent. if a tenant abandons the premises leased, the landlord may permit the premises to remain vacant and compel the tenant to pay the balance of the rent when it is due under the lease. the landlord may, on the other hand, accept the premises, and cancel the remainder of the lease. again, the landlord may take possession of the premises and relet them for the benefit of the tenant, notifying the tenant of his intention. he may collect any deficiency in the rent from the original tenant. for example, if _a_ rents _b's_ house for one year for $ . and at the expiration of six months _a_ abandons the premises, _b_ may relet the premises to _c_ for _a's_ benefit. if _b_ relets for _a's_ benefit, he must obtain the best terms possible. if he obtains only $ . rent from _c_ for the balance of the term, he can collect $ . from _a_. = . distress.= at common law, a landlord had the right to take possession of the personal property of a tenant who was in arrears for rent, and hold the personal property until the rent was paid. this remedy is known as _distress_. when a landlord makes use of this remedy he is said to _distrain for rent_. a landlord cannot deprive the tenant of possession, and then distrain for rent. it is not an action against the tenant personally, as an action for debt. it is a mere right of a landlord to take possession of the tenant's personal property after rent is due, and while the tenant is still in possession of the leased property as tenant. the landlord may retain possession of his property as security for the rent. at common law, a landlord could not sell the property, but could hold it as security for the rent. at the present time, the right to distrain for rent is not recognized by many states. where recognized, it is regulated largely by statute. the landlord is usually required to give bond, and file an affidavit with a court to the effect that the rent of a certain amount is justly due. the property is then seized by an officer of the court, and upon final termination of the case, may be sold, and the proceeds applied to the payment of the rent. this action is now treated in the nature of an attachment. (see _attachment_, chapter on courts and legal remedies.) the remedies of a landlord commonly recognized at the present time are actions for rent, and actions to recover possession of the premises. these remedies are discussed under a separate section. = . leases.= _lease_ is the term applied to the agreement by which one person becomes a tenant, and another a landlord. leases are usually in the form of formal written instruments in which the rights and duties of the parties are quite fully set forth. no particular form of language is required to make a valid lease. if the agreement shows an intention on the part of the parties to create the relation of landlord and tenant, it is sufficient to constitute a lease. parties may make oral leases covering short periods of time. most of the states provide by statute that leases beyond certain periods must be in writing to be enforceable. this period varies in the different states. some require leases in excess of three years to be in writing; others fix the limit at one year. some of the statutes which do not specially require leases to be in writing, make them void as against purchasers or incumbrances if not recorded. such statutes in effect require the lease to be in writing. a lease does not require a seal. by statute, most states require leases to be witnessed, usually by two witnesses, and acknowledged before a notary public. witnessing is called _attesting_, or _attestation_. by _acknowledgment_ is meant an admission of the signature by the parties to a lease before a notary public. the notary writes his certificate upon the lease, stating that the parties acknowledged the signature in his presence. the notary signs and seals the certificate of acknowledgment. the states generally require by statute that leases beyond a certain time, usually one or more years, be recorded with the public recorder of the county where the property leased is located, to be effectual as against subsequent purchasers or incumbrances. certain requisites are recognized in formal lease. the names and description of the parties, the terms of the lease, the description of the property, the signing, delivery, and acceptance of the lease, and the witnessing and acknowledging are regarded as essential features. _covenants_ are express or implied terms of a lease. if parties expressly agree to do certain things enumerated and set forth in the lease, the covenant is said to be _express_. the law implies certain obligations on the part of the parties to a lease. there is an _implied_ covenant on the part of the tenant to pay rent, and to make all ordinary repairs subject to the reasonable wear and tear of the premises. the landlord impliedly consents to give the tenant quiet enjoyment, and to pay taxes and assessments. = . transfer of leases.= a landlord may transfer his interest in a lease. a tenant may, unless the lease stipulates otherwise, transfer his interest in a lease. a transfer of an interest or right in which a third person, not a party to the transfer, has an interest is usually called an _assignment_. for example, _a_ owes _b_ $ . , _b_ may assign his claim to _c_. by notifying _a_ of the assignment, _a_ is obliged to pay _c_, instead of _b_. any defense that _a_ has against _b_ is available against _c_. as a rule, partial interests cannot be assigned so as to be binding upon the obligor, without the latter's consent. if _a_ owes _b_ $ . _b_ cannot assign $ . of this claim to ten different parties. this would compel _a_ to pay ten different persons, while the original obligation bound him to pay but one. _a_ may have a counter claim amounting to $ . . to obtain the benefit of this counter claim, he would have to set it up in five different suits, whereas if the claim were sued by the original owner, or by one owner he would have to make a defense in but one suit. an assignment may be made orally, if not in conflict with the provisions of the statute of frauds. it may be made by written contract. no particular language is required to make a valid assignment. any words expressing the intention of one party to make an assignment, accepted by the one to whom the assignment is to be made, is sufficient. a landlord may assign a lease. upon receipt of notice of the assignment from the landlord or the assignee, the tenant must pay to the assignee the rent subsequently coming due. if an assignment is made by a landlord, and no notice is given the tenant, the latter discharges his liability under the lease by paying the original landlord. originally at common law, a landlord could not assign his rights without the consent of the tenant. the tenant could not be compelled to recognize a new landlord. recognition of a new landlord was called _attornment_. a tenant may assign his interest in a lease if the lease does not expressly provide otherwise. this does not relieve the tenant from liability under the lease, even though the landlord consents to the assignment, and accepts rent from the assignee. the original tenant is a surety for the rent. after an assignment of a lease by the tenant, the landlord, if he does not expressly release the original tenant, may collect the rent from either party. = . leases for years.= a _lease for years_ is a lease for a definite and ascertained period of time. if _a_ rents _b's_ farm for five years commencing june , , the lease is for years. if _a_ leases _b's_ house for a year, a month, or a week, to commence on a certain date, the time of the lease is definite and ascertained and constitutes a lease for years. if _a_ rents _b's_ house for a year commencing june , , at $ . per month, the rent to be monthly in advance, the lease is one for years. the fact that the rent is to be paid in installments does not render the lease one from month to month. a lease is regarded as personal property and, while it is an interest in real property, it is usually called a chattel real, and is treated as personal property. when the owner of a lease dies, the lease is personal property in the hands of the executor or administrator of the owner, and does not descend to the heirs of the owner as real property. in some states, long time leases, such as leases for ninety-nine years, are by statute made real property. the practical distinction between leases for years and leases from month to month, is that in the former, the lease ends when the time covered by it expires. in a lease from month to month, a new lease is created by implication, if a tenant is permitted to hold over. this question is discussed more at length under the section, _tenancies from year to year_. = . subletting.= some states by statute refuse to permit a tenant to sublet any portion of his lease, without the consent of the landlord. a landlord may stipulate in his lease that a tenant shall not sublet any portion of the premises. in the absence of statutory provisions, or stipulations in the lease, a tenant may sublet the leased premises. a transfer by a tenant of an interest in the leased premises may be an assignment, or it may be a sublease. an assignment is a transfer by a tenant of his entire interest in the premises. if _a_ rents _b's_ farm for five years, and sells his lease for five years to _c_, the transfer is an assignment. a transfer of only a portion of a tenant's interest is a sublease. if _a_ rents _b's_ farm for five years, and leases the farm for three years to _c_, the transfer is an assignment. if _a_ leases the farm to _c_ for five years, the transaction is a sublease. an assignment is a transfer of the tenant's entire interest in the leased premises. a sublease is a transfer of a part of a tenant's interest in the leased premises. a tenant may mortgage his interest in the leased premises. a creditor of a tenant may levy upon the lease in satisfaction of a judgment, the same as upon any article of personal property. the purpose of the statute and stipulations in a lease, forbidding a tenant to sublet the leased premises, is for the protection of the original lessor. a subtenant is not permitted to avoid a lease on the ground of such a statutory provision, or by reason of such a stipulation in a lease. for example, if _a_ rents _b's_ farm for five years, and the lease contains a stipulation that _a_ cannot sublet, if _a_ sublets the farm for three years to _c_, _c_ cannot avoid the obligation to _a_ by reason of the stipulation in the lease. the stipulation is a privilege in favor of _b_. it may be exercised by _b_ if he chooses to avail himself of the privilege. he may waive the privilege, or refuse or neglect to exercise his right. neither _c_ nor anyone else can avail himself of this privilege. it is sometimes quite difficult to tell just what constitutes a subletting in violation of a statutory provision or a provision in the lease. mere privileges granted to others do not constitute sublettings. permission granted a neighbor to use a barn for a short period, or taking roomers by the week, has been held not to constitute a subletting. if a tenant in violation of his lease sublets a part of the premises, the original lessor may eject the sublessee, and sue the tenant for damage for breach of contract. if a tenant exercise his right of subletting a part of the premises, he is not thereby relieved from his responsibility to pay rent under the lease. even though the tenant agrees to accept rent from the sublessee, and apply the same on the obligation of the original lessee, this does not relieve the original tenant from his obligation to pay rent. for example, if _a_ rents _b's_ house and lot for three years for $ . per month, payable monthly in advance, and _b_ agrees to accept the rent from _c_, and does accept payments from _c_, this does not relieve _a_ from liability to pay _b_ the rent. _a_ is a surety, and his obligation to pay the rent to _b_ is the same as the obligation of _c_. if _b_ expressly agrees to relieve _a_ and to accept _c_ in place of _a_, he can no longer hold _a_. = . tenancies at will and at sufferance.= a lease may be entered into, the terms of which may be terminated at the will of either party. it is for an indefinite period. such a lease creates a _tenancy at will_. (see _estates at will_, chapter on real property.) tenancies at will are uncommon. the usual tenancies are tenancies for years and tenancies from year to year. if _a_ permits _b_ to take possession of, and to occupy his house under an agreement that either he or _b_ may terminate the lease at the desire of either party, the tenancy is one at will. _b_ may agree to pay rent at the rate of $ . per week, $ . per month or $ . a year, or at any rate, without affecting the estate at will. if the estate is for an indefinite period, but is terminable at the wish of either party, no matter what the arrangement for paying the rent, it is an estate at will, as distinguished from an estate for years, and an estate from year to year. it is sometimes held that a person who holds over with the consent of the landlord after the termination of a lease for a definite period, called _an estate for years_, is a tenant at will. for example, if _a_ rents _b's_ house for one year, and at the expiration of the year, _a_ with _b's_ consent retains possession, _a_ is a tenant at will. the tenancy may be terminated at the desire of either party, and upon notice by either party. in most jurisdictions, however, this constitutes _a_ a tenant from year to year. (see following section.) a _tenancy at sufferance_ is created by a tenant unlawfully retaining possession of the premises after the termination of his lease, without the consent of the landlord. if _a_ rents _b's_ house for one year, and at the expiration of the year _a_, without _b's_ consent retains possession of the house, he is a tenant at sufferance. he is a trespasser, and may be ejected by _b_. tenancies at will and at sufferance are estates in land. they are also discussed under the chapter on real property. = . tenancies from year to year.= a tenancy may be created for a definite period of time to continue for similar periods unless terminated by notice of either party. such a tenancy is called a _tenancy for years_. the tenancy may involve any definite period with the understanding that it is to continue for similar periods if not terminated by notice of the landlord or tenant. while the estate is called an estate from year to year, or a tenancy from year to year, it may be for a week, a month, a year, or a series of years, or for any definite period. if _a_ rents _b's_ house for one year, the rent to be paid at the rate of $ . per month, payable monthly in advance, the lease to continue for yearly periods unless either _a_ or _b_ notifies the other to the contrary, the tenancy is from year to year. if, at the expiration of the year, _a_ retains possession of the premises, having received no notice from _b_ to leave, _a_ has a lease for another year under the same terms, and so on, for succeeding years. the period may be a week, or a month, as well as a year. sometimes leases are spoken of as leases from month to month, or from week to week, in case the lease is to continue for a month, or a week. the same principle is involved as in leases from year to year. if the tenant holds over after the expiration of the week or month, he has a lease for a similar period at the same terms. a tenancy for years may be created by express or by implied contract. it is sometimes difficult to tell whether a tenancy is for years, from year to year, or at will. if a lease specifies that it is to cover a definite period only, it is a lease for years, and terminates at the expiration of that period. if the lease stipulates that it is to cover a definite period, and continue for similar periods unless either party terminates it by notice to the other, it is a lease from year to year. if the lease stipulates that it can be terminated at the will of either party, it is a lease at will. when the lease is oral, or created by implication, the intention of the parties must determine the nature of the lease. some difficulty arises in determining whether a lease is one at will, or from year to year when a tenant for years is permitted to hold over with the consent of his landlord. for example, if _a_ rents _b's_ farm for one year, and is permitted by _b_ to remain in possession after the expiration of the year, in theory, _a_ is a mere tenant at will, and can be ejected at the will of _b_. this is the law in a few jurisdictions. most jurisdictions, however, hold that _a_, when permitted to hold over by _b's_ consent, becomes a tenant from year to year. = . termination of leases.= a lease for years is terminated by expiration of the period covered by the lease. the lease may contain covenants, breach of which may by stipulation constitute a ground of forfeiture. for example, a lease may contain a stipulation that the landlord may declare a forfeiture in case the tenant fails to pay the rent when it is due. if the tenant commits a breach of this or any other covenant made by special stipulation, a ground of forfeiture, the landlord may by notice declare the lease forfeited. this renders the balance of the lease void. leases for years, definite periods of time, require no notice to terminate. leases at will, and from year to year require notice on the part of the party seeking their termination to be given to the other party. for example, suppose _a_ rents _b's_ house for one year, to continue for similar periods if agreeable to both parties. to terminate the lease at the end of the year, _b_ must notify _a_ to quit the premises at the expiration of the year. if _a_, on the other hand, desires to terminate the lease at the expiration of a year, he must notify _b_ previous to the expiration of the year, of his intention to terminate the lease at the expiration of the year. if _a_ holds over without notice to _b_, or without _b's_ consent, _a_ has a lease for another year at the same terms as before. to terminate a lease from year to year or at will, the party seeking the termination of the lease must notify the other party of his intention to terminate the lease. the states generally provide by statute the time and manner of giving such notice. in general, the notice must be in writing and must be served on the interested parties or their agents a reasonable time before the expiration of the period of the lease. a lease may be terminated by a subsequent agreement between the parties. this is commonly known as a _surrender_. a surrender is a release of possession of the premises by the tenant, and an acceptance by the landlord. a mere abandonment of possession by a tenant without the express or implied acceptance or assent of the landlord is not a surrender. such an abandonment might constitute a breach of contract on the part of the tenant, but it requires the assent of the landlord to terminate the lease. if _a_ rents a farm for three years at $ . a year, and at the expiration of two years agrees to pay _b_ $ . to cancel the lease, and _b_ accepts, the transaction constitutes a surrender, and terminates the lease. if _a_ merely abandons the premises without the consent of _b_, the lease still exists. _b_ can collect the rent for the remaining period covered by the lease. if _a_ abandons the premises, and notifies _b_ that he will not carry out the lease, _b_ may refuse to accept the breach, permit the premises to remain vacant, and collect the rent from _b_. _b_ may accept _a's_ breach of the contract, and terminate the lease, or he may take possession of the premises, and relet them for _a's_ benefit, notifying _a_ that he takes possession for _a's_ benefit, and not for his own. in this event, _b_ must use reasonable diligence in obtaining the highest rent possible, and if he is obliged to rent for a less amount than _a_ was to pay, _b_ can collect the difference from _a_. = . liability of parties to a lease for breach.= if the landlord fails to fulfill the conditions of the lease, he is liable in damages to the tenant. the damages are the difference between the rent paid under the lease, and the market value of the premises furnished. for example, if _a_ rents his house and lot to _b_ for one year at $ . per month, and agrees to redecorate the house, but fails to do so, _a_ may recover from _b_ the difference between $ . , the rent paid under the lease, and the market rental of the house undecorated. if a tenant abandons the lease, the landlord may recover from the the deficiency between the rental named in the lease, and the rental he is able to obtain for the balance of the time covered by the lease. for example, if _a_ rents _b's_ farm for three years at $ . a year, and at the expiration of two years, _a_ abandons the lease, if _b_ is able to obtain but $ . for the remaining year covered by the lease, he can recover $ . and expenses from _a_. a suit for damages is not the only remedy the landlord has against a tenant for the latter's abandonment of the premises. the landlord may refuse to accept the breach on the part of the tenant, let the premises remain vacant, and collect the rent under the lease. the landlord may enter the premises for the purpose of preventing loss or destruction of the premises without accepting the breach. the landlord may accept and cancel the remaining portion of the lease, or he may again lease the premises for the benefit of the tenant, and collect the deficiency in the rent from the tenant. this question is also discussed in the previous section. = . actions for recovery of rent and possession of leased premises.= a landlord may sue and recover judgment by bringing an ordinary action for debt when rent or any installment is due. if _a_ rents _b's_ house for one year at the rate of $ . per month, payable at the end of each month, and fails to pay any installment, _b_ may sue him. the judgment may be satisfied out of any property _a_ may have. if married, _a_, by statute in most jurisdictions, is entitled to a certain amount of exempt property. if the landlord has failed to perform all of the terms and conditions of the lease, _a_ may bring a counteraction against _b_ when sued by _b_ for rent. for example, if _b_ has failed to repair the house according to the terms of the lease, _a_ may counterclaim for damages when sued by _b_ for the rent. when the period of the lease expires, the landlord is entitled to possession of the premises. at common law, he was entitled to use the force necessary to recover possession. he is not permitted to commit a breach of the public peace in obtaining possession. most of the states provide statutory methods for obtaining possession. a complaint is filed with a court and an officer of the court ejects the tenant by order of court. non-payment of rent does not entitle the landlord to terminate the lease, unless the lease expressly so provides. when the lease is forfeited according to its provisions, the landlord is entitled to take possession. trade=marks and names = . trade=marks in general.= persons are permitted to place marks on goods manufactured or sold by them, which indicate their origin or ownership. by this means, they are able to obtain the benefit of any superiority which their goods have over goods of other manufacturers or sellers. these marks placed on goods by owners or manufacturers are called _trade-marks_. a court has defined a trade-mark to be "a word, symbol, figure, form or device, or a combination thereof adopted or devised and used by a manufacturer or seller of goods to designate the origin or ownership of the goods, and used by him to distinguish the goods from those sold or manufactured by others." a manufacturer or seller of an article is not permitted to appropriate as a trade-mark a name commonly used to describe the article. flour is manufactured and sold by many persons. anyone has the right to manufacture and sell flour by that name. no one is permitted to appropriate to himself as a trade-mark the name _flour_. a person may, however, apply an arbitrary term, not describing the thing produced, for the purpose of designating his brand of flour as distinguished from other brands of flour. while a manufacturer of flour is not permitted to appropriate as a trade-mark to be used on flour the name _flour_, he may be permitted to use the term _ideal_. the person first adopting the name _ideal_ as a trade-mark in the sale of flour, acquires a property right in the name. the law will protect him in the use of this name in connection with the sale and manufacture of flour. any arbitrary name, sign, mark, symbol, letter or number used for the purpose of designating the origin or ownership of goods may be appropriated as a trade-mark by the person first adopting and continuing its use. a person is not permitted to adopt as a trade-mark anything which indicates the grade or ingredients, or which is descriptive of the article sold or manufactured. the reason for this rule is that otherwise a person adopting the name would have a monopoly on the production of such articles. _crack-proof rubber goods_, as applied to rubber goods; _a honey_, as applied to honey, are terms descriptive of quality of goods and cannot be appropriated. a proper name of a person is not the subject of a valid trade-mark. persons of the same name are permitted ordinarily to use their name in the manufacture of goods of the same nature. a party is not permitted, however, to manufacture or sell his goods as the goods of another. he may not be permitted to use his own name in the sale of certain goods if another has long made and sold goods under the same name, and if purchasers are defrauded thereby, or if confusion results. this is not by reason of a person having a trade-mark in his own name, but by reason of unfair trade. this is discussed under the section on _unfair trade_. = . trade=marks= (continued). a name of a place or locality cannot be appropriated as a trade-mark. any person is permitted to use the name of a place or locality to designate the origin of the goods and it is the common property of all as much as any descriptive name. a geographical name cannot be appropriated as a trade-mark. a common example of this principle is the use of the term, _lackawanna_. this is the name of a district in pennsylvania. a coal company endeavored to appropriate the name, but was not permitted to use it as a trade-mark. others, mining coal in the lackawanna district have an equal right to designate their coal by the same name. any fanciful or arbitrary name not describing the article, may, however, be adopted as a trade-mark. a person first using such an arbitrary mark in the manufacture or sale of a particular class of goods acquires a trade-mark. he may use the mark without any intention of acquiring a trade-mark therein. if another person attempts to use the mark, no matter if without intent to defraud, he may be enjoined from its use. the owner of a trade-mark has no greater right than any other person to use the trade-mark on classes of goods different from the class on which it has been acquired. a trade-mark used on flour may also be used on stoves by another person. this principle is subject to the limitations that one person is not permitted to deceive purchasers in leading them to believe that they are purchasing the goods of another. this question is discussed under the section on _unfair trade_. a trade-mark is acquired by the person first using it in connection with the sale or manufacture of goods. it is not necessary that it be adopted with the intention of being used as a trade-mark. a trade-mark may be lost by discontinuance. a trade-mark will not be allowed on an article which it is against public policy to manufacture. an example of this principle is adulterated food or medicine. a trade-mark which does not indicate that the goods manufactured or sold are the result of the personal skill of a particular person, may be sold with the business in connection with which the trade-mark is used. = . trade names.= a person is permitted to use a name other than his own for the purpose of trade. for example, john smith may use the name _the john smith co._, _the eureka co._, _the l. x. co._, or any arbitrary or fanciful name he may choose, so long as it does not conflict with the rights of others. such names are called _trade names_. their adoption and use are governed by the same legal principles as trade-marks. trade names, however, are applied to a business, while trade-marks are brands applied to articles of manufacture or sale. as in the use of trade-marks, a person is not protected in the use of trade names which describe the article manufactured or sold. the use of the name, _cleveland fertilizer co._ by john smith, does not prevent others from using the same name. the law does not permit one party to monopolize the use of the term _fertilizer_; neither does it permit him to monopolize the geographical term, _cleveland_. the party first adopting a trade name other than a descriptive geographical, individual, or proper name, acquires the right to use it as a trade name. while a person cannot acquire such a right in a geographical or descriptive name, he may, by long use of it, acquire the right to prevent others from using it in such a manner as to deceive purchasers. a person is not permitted to sell his goods as the goods of another. this right to prevent others from using a name which deceives the public is not by reason of any trade name acquired, but by reason of a person unfairly making others believe they were purchasing the goods of one person, when, in reality, they are purchasing the goods of others. = . unfair trade.= a trade-mark, or a trade name cannot be descriptive of the articles sold or manufactured. neither can a proper name or a geographical name be appropriated to a trade-mark or name. to enable a person to acquire a trade-mark or trade name, a mark or name must be adopted which in no way describes the article manufactured or sold. it must be one that is not taken from the place where the goods are manufactured or sold, or from the name of the inventor or manufacturer. it must be an arbitrary or fanciful name or mark. a manufacturer of flour may use as a trade-mark the name _beauty flour_, but not _minnesota flour_, or _pure flour_. a party may use as a trade-mark for men's collars the picture of a lion, but not the word _linen_. when a trade-mark or a trade name has once been used as such, the owner, unless he loses or transfers the right, acquires the sole right to its use, and may compel others to cease using it, regardless of actual damages or confusion. at the present time, the courts recognize a principle known as _unfair trade_. even though a person has adopted a geographical name, or a name descriptive of the articles manufactured or sold as a trade name, he is permitted to enjoin others from the use of this name, if the use of the same enables the latter to sell his goods as the goods of the former. a person cannot use the name _cleveland fertilizer co._, so as to acquire a trade name therein. but if the name _cleveland fertilizer co._, is used by a person so long and so extensively as to acquire for its owner a broad reputation as a manufacturer of an excellent quality of fertilizer, another who adopts the name may be enjoined from its use, if purchasers are deceived thereby. this is on the ground of unfair trade. = . unfair trade= (continued). the same principle applies in the use of individual names. a person may not acquire a trade-mark in his own or in any individual or proper name, since others have the right to the use of their own name. but a person may acquire such a reputation as a manufacturer of a particular article, that if others of the same name are permitted to use their name in the same connection without distinguishing features, the public will be deceived in making purchases. for the purpose of protecting the public from being deceived, the courts sometimes enjoin persons from the use of their own name in connection with the manufacture and sale of certain articles. for example, thomas edison has acquired fame as an inventor and manufacturer of _edison batteries_. a person by the name of edison would not be permitted to manufacture and sell electric batteries under the name of _edison electric batteries_, for the reason that the public would be deceived thereby. this would be what is known as unfair trade. the same principle applies to geographical names. a geographical, individual, proper, or descriptive name cannot be used as a trade name, or a trade-mark, but they can be so used as to prevent others from using them, by reason of violating the law of unfair trade. = . registration of trade=marks.= in the united states congress passed the present statute relating to the registration of trade-marks. the act provides that the owner of a trade-mark used in commerce with foreign nations, the several states, or the indian tribes may register said trade-marks by filing the same with the commissioner of patents. a trade-mark is acquired in the same manner as at common law. the united states act does not change the method of acquiring trade-marks, nor does it designate what constitutes trade-marks. it simply permits a person to register a trade-mark already acquired. in case of dispute, the owner has the advantage of a public record of his claim, and until he has lost his right in the trade-mark to some one who proves to have a better right, the registration is _prima facie_ evidence of ownership. before registering a trade-mark, the owner is required to file with the commissioner of patents at washington, an application showing the nature of the trade-mark, on what goods used, and when acquired. a fee of $ . is required. the owner must file a verified statement that he is the owner of the trade-mark sought to be filed. trade-marks which consist of the name of an individual, firm, or corporation, or words descriptive of the articles manufactured or sold, a geographical term, or a photograph of any living person, except with such person's consent, shall not be registered as trade-marks. when such application is filed, if the commissioner of patents finds that it is proper to register the same as a trade-mark, he publishes the mark in the official gazette. anyone may oppose the registration by filing objections within twenty days after said publication. if no objection is filed, the trade-mark is registered, and a certificate of registration is furnished the applicant. if objection to the registration of a trade-mark is made, the applicant is notified by the commissioner of patents. if the trade-mark interferes with another, or is descriptive of the article to which it is to be applied, the commissioner will refuse to register it. a person whose application for registration of a trade-mark has been refused by the commissioner of patents may appeal from the decision of the commissioner of patents by filing applications of appeal with the court of appeals of the district of columbia. registered trade-marks may be assigned in connection with the good will of the business in which the trade-mark is used. notice of such assignment must be filed with the commissioner of patents within three months from the time the assignment is made, to render it valid as against other innocent purchasers. certificates of registration shall be effective for twenty years, and may be renewed for like periods upon payment of the registration fee. after a trade-mark has been registered, anyone who considers himself injured by said trade-mark may file complaint with the commissioner of patents, and if the latter determines that there is an infringement, or that someone has a prior right to the trade-mark, the registration may be cancelled. notice of registration of a trade-mark is given the public by publishing the words, _registered u. s. patent office_, with the trade-mark. most of the states have statutes making it a crime falsely to use the trade-mark or brand of another company. the use of labels by trade unions is protected in this manner in several states. wills = . will defined.= a will has been defined to be a "disposition of real property to take effect after the death of the testator." originally, the term _will_ applied only to dispositions of real property, and the term _testament_ applied to dispositions of personal property. at present, the terms _will_ and _testament_ are not uncommonly used. but the original limitation of the term, _will_, is no longer commonly recognized. the term, _will_, is now used to describe a disposition of personal as well as real property to take effect at the maker's death. = . names of parties and terms commonly used in a will.= the person who makes a will is called the _testator_ or _devisor_. the term _testator_ is more commonly used than the term _devisor_ to designate the maker of a will. the term _devise_ is used to designate the giving of real property. if _a_ desires to give a farm to _b_ by will, the language used in the will is, "i, _a_, devise to _b_ my farm." technically, the term _devise_ means the giving by will of real estate, but it is commonly used to designate the giving by will of personal property as well. the term _bequeath_ is used to designate the giving of personal property by will. if _a_ desires to give by will a watch to _b_, he uses the language, "i, _a_ bequeath to _b_ my watch." the beneficiary, or person designated in the will to receive real property, is called the _legatee_. = . origin and nature of wills.= at common law, a person was permitted to give by will a portion of his personal property. he was not permitted to give real property by will. in england, the right to give real property by will was given by statute. the law of this country has always recognized the right to give real as well as personal property by will. it is not regarded as a right but rather as a privilege extended to an owner of property. this privilege is controlled by the legislatures of the states. the states differ in their statutory requirements as to the manner of making wills, and the amount of property that may be willed to the exclusion of the wife and family. a will must be signed, acknowledged, and witnessed as required by statute, and may be rendered void if the statutory requirements are changed between the time the will is made and the death of the testator. a will is not a contract. the right to make contracts cannot be abridged by legislation. this right is a constitutional right. the constitution gives an owner of property no right to make a will. it is a privilege which may be abridged or taken away by the legislature. most of the states give a wife a dower interest in the real estate of her husband. (see _dower estate_, chapter on real property.) a husband cannot will away his estate, depriving his wife of dower. = . law governing wills when testator owns property in one state and resides in another at time of death.= real property is fixed and immovable. no matter where a testator resides at the time of his death, the law of the state where the real property is located governs the will relative to its disposition. if the will does not comply with the law of the state where the real property is located, the general rule is that the will cannot be enforced, even though the will is valid under the law of the state where the testator resides at the time of his death. for example, if _a_ owns real property in cleveland, ohio, but resides in omaha, nebraska, _a_ may make a valid will under the law of nebraska which may not comply with the ohio law. if _a_ dies, the provisions of the will cannot be enforced as to the real property in cleveland. personal property, on the other hand, is movable and is supposed to follow the residence of its owner. if a will is valid where the testator resides at the time of his death it is valid to pass personal property, regardless of where the personal property is located. some states at present provide by statute that if a will is valid where the testator resided at the time of his death, it is valid to pass real property, no matter where located. = . essentials of a will.= primarily, a will is an instrument in which a person expresses his intention to give his property to certain designated persons, to take effect upon his death. any instrument, no matter whether it be termed a will, containing an expression of intention to have property pass to another at the death of the maker, satisfies the requirement. to constitute a will, there must be no present interest in the property passing absolutely to the beneficiaries named in the instrument at the time the written instrument is made. a person may make a gift, a bill of sale, or a deed of property if he chooses. the title to the property passes to the purchaser or donee at once or at some future stipulated time. such transactions are not wills. a will does not take effect until the death of the testator. it may be revoked, changed, or supplanted at the will of the testator. any instrument that conveys a present interest is not a will. the two most essential things in determining whether an instrument constitutes a will are, first, the power to revoke the instrument, or a stipulation or language used showing that the instrument is not to take effect until the testator's death; and second, the expression of an intention of the testator to make a will. certain formal requisites as to signature and witnessing are required by statute in different states. these requirements are discussed under separate sections. = . who may make a will.= by statute in most states, anyone of legal age, of sound and disposing mind and memory may make a will. at common law, when a woman married, her property became her husband's. a married woman could not make a will. at present, by statute, most states provide that married women may contract concerning their separate estates. they are also permitted to make wills. a person must be of legal age to make a will. what constitutes legal age is fixed by statute in the different states. all provide that twenty-one years is the legal age for males. some fix the legal age for females at eighteen, others at twenty-one. what constitutes sound and disposing mind and memory is a matter of some dispute. it is conceded that idiots, imbeciles, and insane persons, while insane, cannot make wills. the mental capacity required of a person to enable him to make a will is usually stated to be that mental capacity which enables a person to describe his property, to name the natural objects of his bounty, and to understand the nature of a will. a person does not have to be in good health to make a will. he does not have to be mentally sound within the ordinary meaning of the term. he may be very ill, and weak both in mind and body. he may be eccentric, may have been insane, may be subject to illusions, or even may be under guardianship for insanity and still be able to make a will. if he is able without assistance from others to describe his property, to understand in general the nature and effect of making a will, and to name the persons who are the natural objects of his bounty, he is capable of making a will. if his mind is not sufficient to perform all of these functions he is not capable of making a will. to constitute an instrument a valid will, it is not necessary that the instrument show in itself that the testator had all these powers. he may not name all, or any of the natural objects of his bounty in the will. he may not describe all of his property. if he was capable of doing these things at the time he made the will, regardless of whether or not he exercised this capacity, the will is valid. if a testator makes a will under such mental pressure or threat of violence that he does not act according to his wishes, the will may be avoided by reason of undue influence or duress. undue influence may be exerted by anyone, but not necessarily by a beneficiary under the will. all solicitations or remarks or supplications to the testator to make a particular provision in a will do not constitute undue influence. the influence must be of a sort to compel the testator to act against his wishes, and to destroy his ability to act through his own mental agency. = . what may be disposed of by will.= any property owned by the testator, whether real or personal, may be disposed of by will. property cannot be freed from liens or incumbrances by will. if _a_ owns a farm, but _b_ has a mortgage on it, _a_ can dispose of his interest by will, _b_ retaining his interest in the mortgage as against the devisee. a husband cannot cut off his wife's dower estate by will. a person may dispose of all his real and personal property by will. a will covering all the real and personal property of the testator will pass the real and personal property acquired by the testator after he made the will. = . requisites of a will as to form.= ordinarily, a will must be in writing. in some jurisdictions, and under certain circumstances, oral wills are recognized as sufficient to pass certain property. these oral wills are called _nuncupative_ wills. they are discussed under a separate section. a will may be written on any kind of material, and in any language. it may be printed, written on a typewriter, written in the testator's own handwriting or by another. it may be written on one or several pieces of paper. the pieces need not be fastened together if their contents show their connection. another instrument not set forth in the will may be incorporated into the will by reference, if the instrument can readily be identified, and was in existence at the time the will was made. a will must be signed. the statutes of most states require that a will be signed by the testator, or by some one authorized to sign for him. a person not able to write may sign by mark. a person usually signs by mark as follows: his john _x_ smith. mark any mark made by the testator is sufficient. most states require by statute that wills must be signed in the presence of two or three witnesses. these witnesses must be competent to understand the nature of the transaction. they need not necessarily be of legal age. they must affix their signatures as witnesses to the will. a beneficiary under the will should not be a witness. the witnesses of a will are required to observe the competency of the testator and his signature, in order that they may testify to these facts when the will is proven. the statutes of most states make it sufficient for the testator to acknowledge his signature in the presence of the witnesses. in this event, they need not see him sign his name to the will. the witnesses are usually required to sign the will in the presence of the testator, and in the presence of each other. = . publication of a will.= some states provide by statute that to constitute a written instrument a valid will, the testator must acknowledge it to be a will at the time it is signed and witnessed. this act is known as _publication_. some states do not have such a statutory provision. in the absence of statutory provisions, publication is not necessary. it is not necessary that the testator read or cause the will to be read to the witnesses to comply with the statutory requirements of publication. the witnesses must know that they are witnessing a will. any word, expression or act on the part of the testator which notifies the witnesses that they are witnessing a will is a sufficient publication. _a_ requested _b_ and _c_ to visit his house in the evening and witness his will. they went to _a's_ house, where _a_ presented a document to them, which he signed in their presence, and which they signed as witnesses. _a_ did not acknowledge that the instrument was a will. the court held this to be a sufficient publication. _b_ and _c_ had been informed that the instrument was _a's_ will. = . contract to make a will.= a person may enter into a contract to make a will which will bind his estate. the party with whom such a contract is made cannot force the other party to make a will, or prevent him from revoking a will if made, but he can bring an action for damages against such party's estate if the latter dies without leaving a will according to his agreement. a will can be revoked at the desire of the testator. revocability is one of the essential features of a will. a party may bind himself by contract to make a will in favor of a certain person. this contract does not prevent such person from revoking the will if made, but it renders the person's estate liable for breach of contract. _a_, a boy of twenty-one years of age, was told by his father, _b_, that if he would continue to work for him until he was thirty-five years of age, he would will him a certain farm, _a_ agreed to this proposition, and worked for his father until he was thirty-five years of age. _b_ subsequently died, leaving a will by which the farm was given to another son. _a_ was permitted to recover the value of the farm by suit. these contracts require clear and convincing evidence to support recovery. _a_ agreed to board, clothe, care for, and bury _b_, his father, in consideration of _b's_ agreement to give _a_ all his property. _a_ fulfilled the terms of his contract. _b_ died leaving a will by which his property was given to _c_. _a_ was permitted to recover the value of the property by suit. = . holographic wills.= a _holographic_ will is one written entirely in the handwriting of the testator. such wills are sometimes called _olographic_ wills. a minority of the states of this country recognize the validity of holographic wills. these wills need not be witnessed to be valid. an ordinary will may be printed, typewritten, or written by a person other than the testator. the testator must sign and publish the will, that is, he must acknowledge the instrument to be a will, in the presence of the attesting witnesses. in case of a holographic will, there need be no witnesses, acknowledgment, or publication, but the will must be entirely in the handwriting of the testator, and must be signed and dated by the testator himself. in some jurisdictions, it is necessary that a holographic will be found among the testator's valuable papers, to constitute a valid will. _a_ died and the following document was found among his valuable papers: $ , . four years after my death, i hereby authorize my executors to pay francis penn one hundred thousand dollars. signed _a_. this was held to be a valid holographic will. a holographic will is frequently in the form of a letter addressed to the beneficiary. = . nuncupative wills.= many of the states of this country recognize the validity of oral wills made under certain circumstances for the purpose of disposing of personal property. such wills are called _nuncupative_ wills. soldiers and sailors while in actual service may dispose of their personal property by this form of will. persons other than soldiers and sailors may make nuncupative wills when in their last sickness or in danger of impending death. the will is made by calling upon disinterested persons to bear witness to the will which the testator describes orally. these words, in substance at least, must be reduced to writing, usually within ten days from the death of the testator, by one of the witnesses, and signed by the witnesses. nuncupative wills are not favored in law. they are not sufficient to dispose of real property. some states do not recognize the validity of these wills unless they are made at the testator's dwelling. an exception to this rule is where the testator, surprised by sickness when upon a journey, dies while away from home. nuncupative wills must be proven within six months after they are reduced to writing. _a_ was suddenly taken seriously ill at his home. he called upon _b_ and _c_, disinterested witnesses, to bear witness to his will, and directed that his personal property be given to his wife _d_. _a_ died, _b_ reduced the words of _a_ to writing within ten days after _a's_ death, and _c_ and _b_ signed as witnesses. the will was proven within six months. it was held to be a valid nuncupative will. = . revocation and alteration of wills.= a will may be revoked at any time before the testator's death. the testator may himself revoke his will, or he may cause someone to perform some act under his direction and in his presence, which will revoke the will. the statutes of most states provide that a person may revoke a will by tearing, cancelling, obliterating, or destroying the will with the intention of revoking it. any of these acts performed by a stranger, not in the presence nor under the direction of the testator, are void acts, and do not destroy the validity of the will. if the testator himself, tears, cancels, destroys, or obliterates the will with the intention of revoking the will, the instrument no longer has any validity or force as a will. a will is cancelled by drawing lines with a pen or pencil across the written portion of the will. a will may be revoked by a later will which expressly revokes the former, or which disposes of all the property of the testator. a later will which does not expressly revoke a former will, and which does not dispose of all the testator's property does not revoke the former will, but both are construed together. a _codicil_ is an instrument altering, revoking, changing, or adding to certain portions of a will. it must, itself, be signed, witnessed and acknowledged the same as a will, and is construed as part of the will. = . lost wills.= a will which is lost or destroyed with no intention to revoke may be proven as a will after the testator's death. if a will is partially or totally destroyed by accident, or by someone who is to profit by the total or partial destruction, the will is said to be _spoliated_, and its contents, as it existed before spoliation, may be proven after the testator's death. it must be remembered that a will may be revoked by a testator at any time. if a testator makes a will, and has it in his possession, and after his death the will cannot be found, the presumption is that he revoked the will. this presumption may be rebutted, however. if the testator tells of having a will shortly before his death, or if the will is seen, or any evidence is produced that the will was not revoked by the testator, it may be proven as a lost will. if a will is made and left for safe-keeping with a third person, inability to find it after the testator's death raises no presumption that is was revoked by the testator. to prove a lost will as a will, witnesses must be produced who know in substance the contents of the will, that it was made and that it was not revoked by the testator. if a will is partially destroyed by someone who is to benefit thereby, or by accident, the contents of the portion so destroyed may be proven as a lost will. = . abatement, advancement, and ademption.= if a person does not have sufficient property at his death to pay the bequests and devises made in his will after payment of his debts, his devises and bequests are paid _pro rata_ out of the estate remaining after the payment of debts and expenses, unless the testator expressed a wish or intention that certain bequests or devises were to be satisfied in preference to others. in this event, the wishes of the testator must be observed. the rule requiring all devisees and legatees to receive but a portion of the property mentioned in the will, in case there is not sufficient property to satisfy all, is called _abatement_. if a person makes a will bequeathing a certain article of personal property, or a certain amount of money to another, and if, before the will becomes operative by the death of the devisor, the latter delivers the article or pays the money to the legatee, or sells or disposes of the particular article mentioned in the bequest, the will is said to be _adeemed_, and the act by which it is adeemed is called _ademption_. in case of ademption of a particular article, the bequest is satisfied. in case a certain sum of money is bequeathed to a person by will, and the amount of money is given the legatee by the devisor, whether it satisfies the bequest, or whether it is a gift in addition to the bequest mentioned in the will, is a matter of intention on the part of the devisor. if the devisor expressly says it is a gift in addition to the bequest mentioned in the will, it will not satisfy the bequest mentioned in the will. if nothing is said which expressly shows the wish or intent of the devisor, the presumption is, that it is to apply on the bequest, or if sufficient in amount, that it satisfies the bequest. the intent of the testator may be determined by the circumstances connected with the payment. if a sum of money is paid by a testator during his lifetime to a legatee mentioned in his will, to apply on the bequest, the payment is sometimes called an _advancement_. = . form of will.= i, john brown, of the city of chicago, county of cook, and state of illinois, being about years of age, and of sound and disposing mind and memory, do make and publish this my last will and testament. _first_, i desire that all my debts and the expenses connected with my funeral be paid. _second_, i give, devise and bequeath to my wife, jane brown, the sum of $ , . , all the household furniture and chattel property of every kind and nature used in and in connection with our residence, and a life estate in my two farms. _third_, i give and devise to my two sons, john brown, jr., and clark brown, jointly, my farm known as the "home place." this devise is subject to the life estate of my wife mentioned in division two of my will. _fourth_, i give and devise to my daughter, anna brown, my farm known as the "north place," during her life, and at her death to her lawful issue. this devise is subject to the life estate of my wife, provided for in division two of this will. _fifth_, the balance of my personal property i give and bequeath to smith home for aged men, of chicago. i appoint my son, john brown, jr., executor of this will, and revoke all former wills. in witness whereof, i have subscribed my name this th day of september, . john brown. the foregoing instrument was signed by the said john brown in our presence, and by him published, and declared to be his last will and testament, and at his request, and in our presence and in the presence of each other, we subscribed our names as attesting witnesses at chicago, illinois, this th day of september, . thomas jones, residing at state st., james johnson, residing at drexel ave., chicago, ill. courts and legal remedies = . courts.= courts may be defined to be the institutions established by the government to settle disputes and to administer justice. they may consist of a judge sitting alone, of several judges sitting together, or of a judge and a jury. courts are assisted in their work by bailiffs and clerks. attorneys who conduct the trials for the opposing parties are officers of the court. they can be fined and imprisoned for refusing to obey the lawful order of the court. in general, courts may be divided into state courts and federal or united states courts. = . federal courts.= the constitution of the united states provides that: "the judicial powers of the united states shall be vested in one supreme court, and in such inferior courts as the congress may from time to time ordain and establish. the judges both of the supreme and inferior courts shall hold their offices during good behavior, and shall at stated times receive for their services a compensation, which shall not be diminished during their term of office." the united states constitution further provides that: "the judicial power shall extend to all cases in law and equity arising under the constitution, the laws of the united states, the treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the united states shall be a party; to controversies between two or more states, between a state and citizens of another state, between citizens of different states, between citizens of the same state claiming land under grants of different states, and between a state and the citizens thereof, and foreign states, citizens or subjects." congress has provided for district courts, circuit courts, and circuit courts of appeal, which, in addition to the supreme court, constitute the federal or united states courts. = . united states district courts.= the united states as a whole is divided into districts. each district is presided over by one united states judge, called a district judge. each state constitutes at least one district and some states are divided into several districts. for example, ohio has two districts, called the northern and southern districts of ohio. new york has four districts, called the northern, southern, eastern, and western districts. the judges are appointed for life, or during good behavior. the appointments are made by the president of the united states, by, and with the advice and consent of the senate. each district judge is required to reside in the district for which he is appointed. = . united states circuit courts.= the entire territory of the united states is divided into nine sections, and each section comprises the jurisdiction of a separate united states court. that is, there are nine circuit courts in the united states. each circuit is composed of several districts. for example, the sixth circuit is composed of the states of ohio, kentucky, michigan, and tennessee. each circuit has at least two circuit judges, and is presided over by one of the judges of the supreme court of the united states. the circuit court holds court in each district of the circuit, and the circuit court of each district is composed of the united states supreme court judge presiding over the circuit, the two circuit judges, and the district judge of the district. the circuit court holds court at different times in each district of the circuit. any one judge may hold court alone. usually, trials in circuit courts are presided over by one judge. the united states circuit court and the united states district courts have original and exclusive jurisdiction of practically all the cases which may be brought in the united states courts. the united states supreme court has original jurisdiction of a few important classes of cases. by _original jurisdiction_ is meant the right to commence cases in the particular court. by _appellate jurisdiction_ is meant the right to take a case from one court to a higher court upon appeal or writ of error, for the purpose of having the case retried or examined for errors of law. = . united states circuit court of appeals.= each of the circuits in the united states has a circuit court of appeals. this court consists of one member of the united states supreme court, who acts as presiding judge, and the two circuit judges of the circuit. at least two judges must be present to hold court. if two of the regular circuit judges are not present, a district judge of any district of the circuit may act. a district judge cannot sit as judge of the court of appeals in determining cases in the trial of which he acted as district judge. the circuit court of appeals has no original jurisdiction. it is solely an appellate court. cases from the district and circuit courts may be appealed to it, and brought before it on writs of error. some cases may be appealed direct to the supreme court of the united states from the district and circuit courts. the circuit court of appeals has final jurisdiction in many matters appealed to it. = . the supreme court of the united states.= the supreme court of the united states holds court at washington, and consists of nine judges. it has original jurisdiction in some important matters, and cases may be appealed to it, or tried on writs of error from the district court, circuit court, and circuit court of appeals. the constitution of the united states provides that, "in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the supreme court shall have original jurisdiction." = . united states courts with admiralty jurisdiction.= the constitution of the united states provides that the united states courts shall have jurisdiction over admiralty and maritime cases. admiralty cases comprise those cases arising out of breach of contract, or out of injuries occurring upon the seas or navigable waters within the jurisdiction of the united states. the district courts of the united states are given original jurisdiction in admiralty cases. in the trial of admiralty cases, the judge acts alone and is not assisted by a jury. = . state courts.= the united states constitution provides that, "the powers not delegated to the united states by the constitution nor prohibited by it to the states, are reserved to the states respectively or to the people." thus, the provision of the united states constitution, authorizing the creation of federal courts does not prevent the states from establishing and maintaining courts. each state has its own courts. in fact the bulk of litigation is tried by state courts. the courts of the different states differ somewhat in name and jurisdiction. most of the states have a court of inferior jurisdiction where small cases involving $ . or less, are tried, and a county court where cases involving more than $ . are tried, and to which cases may be appealed from the inferior courts. the inferior court is usually called a magistrate court, or a court of a justice of the peace. all states have a court of last resort, usually called a supreme court. the primary function of state supreme courts is to hear appealed cases and cases brought to it upon writs of error. they have very little original jurisdiction. supreme courts consist of judges only. they have no juries. some states have an appellate court inferior to the supreme court, which has jurisdiction to hear cases on appeal and error. the states also have courts for the administration of estates, called probate, surrogate, or orphans' courts. = . courts of equity.= originally in england, the king was regarded as having original right to administer justice. it became the custom to appeal to the king in cases where the common law rules afforded no remedy. later, appeals were made to the chancellor, the king's secretary. cases were also referred by the king to the chancellor. in time, a distinct court, governed by well established precedents and rules, was established. these courts were called the courts of chancery or courts of equity. their jurisdiction covered only those cases not covered by courts of law. chancery courts consisted of a judge only, or a number of judges who heard and determined cases without the assistance of a jury. courts of equity are recognized in this country, but few states have separate courts of equity or chancery. the same judge is authorized to act as a court of law and a court of equity. equity has jurisdiction of those cases only, in which there is no adequate remedy at law. if _a_ makes a contract with _b_ by which he purchases a certain desirable house and lot and _b_ refuses to make the transfer, and if the house and lot are of such a character that _a_ cannot obtain another which suits his purpose and fancy, _b_ may be compelled by a court of equity to transfer the lot to _a_. a court of law would give _a_ money damages for breach of contract, but would not compel _b_ specifically to perform the contract. the united states, as well as the states, has courts of equity. = . legal actions and their enforcement.= legal actions may be said to be of three kinds, those arising out of contract, those arising out of torts, and those arising out of crimes. crimes are punishable by fine, imprisonment, or death. the state, through its officers, punishes criminals. in theory, a crime is a wrong committed against the community. the community, that is, the state, through its officers, convicts and punishes persons who have committed crimes. the person who is injured personally, or whose property is injured, has an action for damages against the party committing the wrong. this action is independent of the crime. the same act may render a person liable to punishment for committing a crime, and liable to an action for damages to the injured party. if a person wrongfully strikes another and injures him, the state may punish the guilty party for committing a crime, and the injured person may sue him for damages. legal actions arising out of injuries to persons and property as distinguished from crimes are called _civil_ actions. civil actions arise out of breach of contract, or out of torts. if a person fails to pay a promissory note, or to perform any contract, a legal action arises out of contract. if a person slanders another, or wrongfully strikes him, a legal action arises out of tort. legal actions are enforced by the injured or complaining party filing a complaint in court. the party against whom the complaint is filed is notified of the suit by an officer of the court. this notice is called the _summons_. the written complaint is usually called the _petition_. the complaining party is usually called the _plaintiff_. the party against whom the petition or complaint is filed is called the _defendant_. the defendant is allowed a certain time in which to file a statement of his defense. this written statement of the defendant in which he sets forth his side of the case is called an _answer_. these written statements are called the _pleadings in the case_. the parties then appear in court with their witnesses and the case is heard. the judge determines questions of law, and the jury determines questions of fact. the decision of the jury is called the _verdict_. the twelve jurymen must agree to enable them to render a verdict. if they disagree, a new trial with another jury is held. the judge may set aside a verdict, and grant a new trial if the verdict is irregular, or contrary to law. when a judgment has been rendered, execution may be levied upon the property of the defeated party for the amount of the judgment and costs. execution is levied by the sheriff, who seizes and sells the property of the defeated party, sufficient to satisfy the judgment. quiz questions mortgages . what was the nature of a mortgage at _common law_? . at common law who had the possession of real property mortgaged? . is a mortgage a contract? . what names are applied to the parties to a mortgage? . at present who is entitled to possession of mortgaged real estate? . under what circumstances, if any, may a deed be construed to be a mortgage? . what is the ordinary consideration to a mortgage contract? . may a mortgage be given to secure a future indebtedness? . what is meant by the _debt secured by a mortgage_? . is an oral mortgage of real estate enforceable? . distinguish a _mortgage_ and a _deed_. . if a mortgagor stipulates in the mortgage that he waives his equity of redemption can this stipulation be enforced against him? . what is meant by _power of sale mortgage_? . explain attestation of a mortgage. . explain acknowledgment of a mortgage. . when does a mortgage become effective? . define _delivery in escrow_. . what interest in real estate may be mortgaged? . is a mortgage of real estate regarded as a transfer of the real estate? . explain _recording mortgages_. . what is the necessity of recording mortgages? . may a mortgagee transfer title to the real estate? . what interest in the real estate mortgaged can a mortgagee transfer? . if a mortgagee sells the debt what becomes of the mortgage? . how may mortgages be satisfied? . define and explain _equity of redemption_. . define and explain _foreclosure of mortgages_. trusts . define _trusts of property_. . classify trusts. . define _grantor of a trust_. . define and give an example of _settlor of a trust_. . define and give an example of a _trustee of a trust_. . define and distinguish _beneficiary of a trust_, and _cestui que trust_. . what classes of persons may be parties to a trust? . what kinds of property may be the subject of a trust? . define and give an example of an _express trust_. . define and give an example of an _implied trust_. . define and give an example of a _resulting trust_. . define and give an example of a _constructive trust_. . who has the legal title to trust property? . is a person named in a declaration of trust as trustee, obliged to accept the trust? . what are the duties and liabilities of a trustee? . may a beneficiary of a trust convey title to the trust property? . if a trustee wrongfully disposes of trust property what remedies, if any, has the beneficiary? landlord and tenant . define _lessor_ and _lessee_. . distinguish _lease_ and _sale_. . distinguish _lease_ and _assignment_. . is a lease a contract? . does a lease carry with it an implied warranty that the premises described are in good condition? . _a_ rents _b's_ house for one year. _c_, a stranger, without right attempts by legal action to evict _a_. does _a_ have a right of action against _b_ for breach of implied warranty of quiet enjoyment? . for what purposes may a tenant use leased premises? . in the absence of express agreement what party to a lease is obliged to pay taxes and insurance on the leased premises? . a lease provides that the tenant is to pay the taxes. a special assessment for paving is levied. is the tenant obliged to pay this assessment? . who is obliged to pay water rent in the absence of any special agreement in a lease? . who is obliged to pay for ordinary repairs? . at common law was a tenant relieved from paying rent by the destruction by fire of the leased premises? . what is the rule at the present time as to release of a tenant's obligation to pay rent in case the buildings leased are destroyed by fire? . is there an implied obligation on the part of the landlord to deliver leased premises in any particular condition? . if a tenant is injured by reason of secret defects in the premises is the landlord liable to him for the injury? . if snow and ice are permitted to accumulate on the walk of the leased premises, causing injury to third persons, is the landlord or tenant liable for the injury? . may a tenant become liable for rent without any express agreement to that effect? . may a tenant be liable for rent without being in possession of the leased premises? . _a_ rents _b's_ house, nothing being said about the condition of the plumbing. the plumbing leaks. is _a_ obliged to take the house? . if a tenant abandons the rented premises before expiration of the term of the lease and so notifies the landlord, is he liable for the balance of the rent? . in case a tenant abandons the rented premises, what three remedies has the landlord? . define _distress_. . at common law could a landlord sell personal property distrained? . what is the present-day method of distraining for rent? . define _lease_. . must a lease be in any particular form to be legal? . what leases, if any, must be in writing? . what is meant by attestation of a lease? . define _acknowledgement_. . what is the necessity of acknowledgment of a lease? . what is the necessity of recording leases? . define, and give an example of an _express covenant_. . define, and give an example of _implied warranty_. . is there any limitation upon a landlord's right to transfer his interest in a lease? . is there any limitation upon a tenant's right to transfer his interest in a lease? . if _a_, a landlord, assigns his lease to _c_ without notifying _b_, the tenant, and later the tenant pays _a_, who is insolvent, can _c_ collect the rent from _b_? . define _attornment_. . if a tenant assigns his lease is he relieved from his obligation to pay rent? . define, and give an example of a _lease for years_. . _a_ rents _b's_ house for one year, agreeing to pay rent in monthly installments. is the lease one for years, or from month to month? . is a lease real or personal property? . what is the practical distinction between a lease for years and a lease from month to month? . when, if at all, may a tenant sublet? . distinguish _assignment_ and _sublease_. . if a tenant sublets the premises is he relieved of his obligation to pay rent? . define and give an example of an _estate at will_. . distinguish an estate at will from an estate for years, and an estate from year to year. . if a tenant for years is permitted to hold over his term with consent of the landlord, in most jurisdictions is the new tenancy one at will, or one from year to year? . define, and give an example of a _tenancy at sufferance_. . define and give an example of an _estate from year to year_. . _a_ leases a house for a month with the understanding that it is to continue for similar periods if agreeable to both parties. is the lease from year to year? . _a_ rents _b's_ house for one year. at the expiration of the year _a_ is permitted by _b_ to hold over for a month. _b_ then endeavors to eject _a_. _a_ claims he has a lease for eleven more months. is _a_ correct in his assertion? . is a lease from year to year terminated by mere lapse of time? . does breach of a condition or covenant, in the absence of an express stipulation in the lease making it a forfeiture, constitute a ground of forfeiture? . do leases for years require any notice to terminate? . do leases from year to year require any notice to terminate? . in general, in what manner must notice to terminate a lease be given? . define and give an example of a _surrender_. . does abandonment of the premises by a tenant without consent of the landlord, constitute a surrender? . if a tenant abandons the rented premises, may the landlord relet for the account of the tenant? . distinguish _breach of lease_ from _surrender of lease_. . if a landlord commits a breach of lease by failing to repair according to agreement, what is the measure of the tenant's damages? . if a tenant abandons the rented premises what are the landlord's remedies? . if a tenant abandons rented premises, may a landlord permit the premises to remain vacant, and collect rent from the tenant for the balance of the term? . if a tenant abandons a lease and the landlord desires to relet for the account of the tenant, must he notify the tenant that he takes possession, and relets for that purpose? . how may a landlord recover rent? . how may a landlord recover possession of leased premises when the lease has expired, or is broken? trade marks and trade names . what is the purpose of trade marks? . may anything other than words, letters, or figures be used as a trade mark? . may a word which describes the article on which it is used be used as a trade mark? . may a name of an individual be used as a trade mark? . may a name of a place or locality be used as a trade mark? . if a person uses a mark without any intention of its becoming a trade mark, does he acquire a valid trade mark therein? . _a_ has acquired a trade mark on flour; has he also acquired the same trade mark on stoves manufactured by him? . if _a_ has acquired a trade mark on flour, can _a_ prevent _b_ from using the same trade mark on stoves? . what length of time is required to obtain a valid trade mark? . _a_ used a trade mark on flour for two years, and ceased using it for two years. in the meantime _b_ used the trade mark. to whom does the trade mark belong? . what trade marks, if any, may be sold? . define _trade name_. . what is the distinction between _trade marks_ and _trade names_? . may a person acquire a trade name in a name describing the article manufactured? . how is a trade name acquired and how long must it be used to be acquired? . may a person acquire a trade name in a geographical name? . what is meant by _unfair trade_? . is it unlawful for a person to adopt as a trade name or trade mark, a name or mark descriptive of the article manufactured, or a geographical or a proper name? . _a_ used the name "chicago varnish co.," for ten years, and advertised the name extensively, spending large amounts of money in this connection. _b_ adopts the name, "chicago varnish co.," and the public purchases his product thinking they are buying _a's_ product. can _a_ prevent _b_ from using the name "chicago varnish co."? . is everyone entitled to use his own name in the manufacture or sale of any article he pleases? . who may register trade marks, and when may they be registered? . does registration of a mark constitute it a trade mark? . what is the advantage of registering a trade mark? . how may registered trade marks be transferred? wills . define _will_. . when does a will take effect? . can both real and personal property be disposed of by wills? . distinguish the terms _will_ and _testament_. . define and distinguish the terms _testator_ and _devisor_. . define the term _devise_. . define the term _bequeath_. . define and distinguish the terms _devisee_ and _legatee_. . what are the most common statutory requirements of a will? . is a will a contract? . by the laws of what state is a will disposing of real property governed? . by the laws of what state is a will disposing of personal property governed? . may a will be in the form of a letter addressed to a beneficiary named in the will? . in a will does any present interest in the property pass to the beneficiaries at the time the will is made? . when, if at all, may a will be revoked? . may a person under legal age make a will? . can a married woman make a will? . what test is applied in determining whether a person is mentally capable of making a will? . what kinds of property may be disposed of by will? . must a will be in writing? . may a will be printed? . define and describe _signing_, _attesting_, and _acknowledging a will_. . define and describe _publication of a will_. . give an example of a contract to make a will. . may a contract to make a will be revoked? . define and give an example of _holographic will_. . what is the distinguishing feature between a holographic will and an ordinary will? . define and describe _nuncupative wills_. . may real property be disposed of by a nuncupative will? . when, and by whom must a nuncupative will be reduced to writing? . must a nuncupative will be attested? . what is meant by _revocation of a will_, and by whom, when, and how may a will be revoked? . define and describe _alteration of a will_. . define _codicil_. . when, and how, may a lost will be proven? . define and give an example of _abatement_. . what is meant by _ademption of a legacy_? courts and legal procedure . define _courts_. . in general how may courts be classified? . by what authority are federal courts established? . what is the term of office of federal judges? . classify federal courts. . how many united states district courts are there? . how many united states circuit courts are there? . how many circuit court judges are there in each circuit? . do the supreme court judges and district judges have anything to do with the circuit courts? if so, what? . what is meant by _original jurisdiction_, as applied to a court? . does the united states circuit court of appeals have any original jurisdiction? . how many united states supreme court judges are there? . what, in general, is the jurisdiction of the united states supreme court? . where are admiralty cases tried? . what cases are included in term admiralty cases? . are juries used in the trial of _admiralty cases_? . by what authority are state courts established? . classify, in general, state courts. . what are courts of equity, and over what classes of cases do they have jurisdiction? . classify legal actions. . give an example of an act which is both a tort and a crime. . define _plaintiff_ and _defendant_. . define _pleadings_. . what is the function of a jury in the trial of a case? . define _verdict_, and distinguish it from judgment? . how are judgments enforced? index a abandonment, remedies of landlord for, abatement, definition of, acceptance definition of, of draft, acceptor of negotiable instruments, rights and liabilities of, acquisition of personal property, act of bankruptcy, act of god as affecting carriers, ademption, definition of, administrative law, definition of, advancement, definition of, adverse interest, age, legal, , agencies, irrevocable, agency contracts within statute of frauds, contracts which must be in writing, definition of, general, purposes for which created, ratification of, special, universal, agents apparent authority of, how appointed, authority of, to collect, to warrant, of corporations, definition of, delegation of authority by, distinguished from master and servant, duties of, to principal, general, principal to pay, risks assumed by, secret instructions of, universal, value of services, who may be, anomalous indorser, appeal from one court to another, assessments of corporations, not included in taxes, assignment of contract, of insurance, of lease, notice of, oral, assignability distinguished from negotiability, attestation of deeds, of will, attornment, definition of, auctioneer, b baggage what constitutes, duty of innkeeper to receive, sample cases, bailee definition of, liability of, lien of, right of possession of, right of, against third persons, right of, to use property, right of, against bailor, bailment classification of, definition of, distinguished from sale, parties to, for sole benefit of bailee, for sole benefit of bailor, what constitutes a, bailor bailments for sole benefit of, definition of, banks checks on, of circulation, classified, clearing houses, definition of, of deposit, deposits in, discount, of discount, exchange, functions of, interest, loans of, money, national, , pass books of, powers of, private, rights of, in case of forged, altered, lost, or stolen checks, savings, state, trust companies, usury, bankruptcy acts of, definition of, involuntary, revokes agency, voluntary, barter, distinguished from sale, bearer, negotiable instrument payable to, beneficiary of trust, , bequeath, definition of, bilateral contract, definition of, bill of exchange, definition of, bill of lading definition of, negotiability of, valuation, blank indorsement, boarding housekeeper not an innkeeper, _bona fide_ holder of negotiable instrument, bonds coupon, definition of, form of, registered, breach of contract, brokers definition of, insurance, stock, real estate, by-laws of corporations, c capital of national banks, capital stock of corporations, decreasing, increasing, capitalization of corporations, carrier act of god, charges of, common, defined, delivery of goods by, delivery of goods to, discrimination by, of goods, implied liability of, interstate commerce act, liability as insurer, lien of, limiting liability, of mail, negligence of shipper, private, public enemy, stoppage _in transitu_, title to goods in possession of, carrier of passengers baggage, definition of, degree of care required of, right to eject passengers, rights and liabilities of, casualty insurance, definition of, _caveat emptor_, rule of, in sales, certificate of protest, certificates of deposit, certificates of stock, certification of checks, _cestui que trust_ definition of, rights and liabilities of, charter of corporations, chattel mortgage, definition of, distinguished from pledge, distinguished from sale, filing and recording, form of, mortgagee, mortgagor, parties to, defined, possession of property, redemption, rights of mortgagee, rights of mortgagor, as security for a debt, title in mortgagee, chattel real, definition of, chattels definition of, personal, real, checks on banks, certification of, definition of, when returned, child may be agent, choses in action, , , in possession, , , circulation, banks of, clearing houses, codicil, definition of, cognovit promissory notes, collateral promissory note, collateral securities, definition of, combination of capital distinguished from trusts, commercial law, definition of, compensation of agent, conditional sale, definition of, conflict of laws in contracts, consideration adequate, in contracts of suretyship, definition of, good, illegal, in negotiable instruments, past, to trust agreement, valuable, consolidation of corporations, constitution definition of, english, limitation of, constructive trusts, definition of, continuing guaranty, definition of, contract acceptance to, as affected by duress, as affected by frauds, as affected by mistake, agreement in, assignment of, bilateral, breach of, competent parties, consideration to, by correspondence, , definition of, dependent covenants in, discharge of, of drunkards, elements of, executed, executory, express, definition of, forms of, of idiots, illegal, implied, independent covenants in, of infants, of insane persons, of married women, mutuality in, offer to, parties to, of partnership, remedies for breach of, rescission of, signing of, by corporation, specific performance of, _statu quo_ in, sunday, by telegraph, , trust created by, under seal, unilateral, voidable, warranty in, will not a contract, corporation act through agents, by-laws of, calls and assessments of, capitalization of, certificates of stock of, charter of, , common stock of, consolidation of, creation of, _de facto_, definition of, directors of, dissolution of, distinguished from partnership, dividends of, estoppel of, foreign, franchise of, kinds of, meetings and elections of, names of, nature of, object of, officers and agents of, organization of, powers of, preferred stock of, promoters of, regulation of, reorganization of, resolution of, revocation of franchise of, seal of, , stockholders of, _ultra vires_ acts of, voting at meetings of, watered stock, counterclaim good against assignee, coupon bonds, courts appeal from one court to another, classification of, definition of, reports, covenants in deeds, dependent, express, implied, independent, of leases, creditor to suretyship contract, credits, definition of, crime, agency to commit, crimes of corporations, criminal, cumulative voting at corporate meetings, custom as part of contract, customs make law, , d damages, definition of, death of partner, revokes agency, debts of another, secured by chattel mortgage, secured by mortgage, transfer of, deeds acknowledgment of, conclusion of, covenants in, definition of, description of property in, formal parts of, habendum clause, indentures, as mortgages, premises of, quit claim, redendum clause, signature of, trust created by, warranties in, witnesses to, _de facto_ corporation, defenses, _del credere_ agency, delivery in escrow, of goods, , of mortgages, of personal property sold, deposit indorsement for, banks of, devise, definition of, devisor, definition of, discharge of contract by bankruptcy, by breach, by performance, by subsequent agreement, by tender, discount, definition of, dishonor, notice of, in negotiable instruments, dissolution of partnership, distress, definition of, distribution of assets of partnership, dividends of corporations, divisions of law, domestic exchange, dower estates definition of, cannot be taken away by will, draft definition of, presentment and acceptance of, drawee of negotiable instrument, drunkard contracts of, cannot enter into partnership, duration of estates, duress as affecting wills, as defense to payment of negotiable instrument, as defense to suretyship contract, definition of, duties of agent to principal, of partners to each other, of partners to third persons, of principal to agent, e election of corporations, elements of a contract, emblements, definition of, enemy, public, as affecting carrier, equity courts of, , definition of, of redemption in chattel mortgages, of redemption in real estate, estate, trust, estates in land, estoppel, of corporation from denying existence, partnerships by, exchange barter, definition of, of goods not a sale, executed contract, definition of, execution of contracts of corporations, definition of, of leases, of negotiable instruments, executory contract, definition of, exempt property, express contract, definition of, express trusts, definition of, f f. o. b., definition of, factors, definition of, federal court, fee simple estates, definition of, females, legal age of, fictitious name of partnership, fidelity insurance, definition of, foreclosure of chattel mortgages, foreclosure of mortgages, foreign corporation, foreign exchange, forfeiture of leases, forgery of negotiable instruments, ratification of, forms of bond, of certificates of deposit, of certificates of protest, of certificates of stock, of cognovit note, of collateral note, of contract, of judgment note, of partnership agreement, of will, franchise of corporation, fraud defense, of in suretyship, definition of, effect of, upon lease, effect of, on sale, renders contract voidable, freehold estates, definition of, g gambling contracts void, gift of personal property, government warehouses, grace, days of, guarantor contract of, notices to, guaranty continuing, general, letter of, limited, special, guests, duty of innkeeper to receive, h habendum clause in deed, hereditaments, highways, how established, holder in due course of negotiable instrument, holographic wills, homestead estates, hotelkeeper (see innkeeper), i idiot contracts of, cannot enter into partnership, cannot be a principal, relation to contract, illegal acts cannot be ratified, illegal agencies void, illegal consideration, illegal contracts, implied contract, definition of, implied contract of bailment, implied trusts, definition of, implied warranty, definition of, indemnity in suretyship, indorser anomalous, blank, for collection, contract of, in suretyship, for deposit, in full, irregular, liability of, without recourse, infant may be agent, contracts of, definition of, may be partner, cannot be principal, may be trustee, infringement of trade mark, innkeeper definition of, duties and liabilities of, lien of, innocent purchaser for value without notice, insane person may be agent, insane person to contract, insane person cannot be partner, insolvency of purchaser, insurable interest, definition of, insurance assignment of, broker, contract, definition of, fidelity and casualty, kinds of, life policies, marine policies, open policy, representations in contracts of, standard policies, suicide clauses in policy of, term policies, tontine policies, underwriter's, valued policy, warranties in contracts of, who must pay on leased premises, interstate commerce act, involuntary bankruptcy, irrevocable agencies, j joint liability of parties, judgment definition of, promissory note, justice of peace court, definition of, l landlord and tenant attornment, definition of, implied warranty, lease, notice, rent, taxes, repairs, and insurance, law administrative, commercial, constitutional, criminal, definition of, division of, private, public, sources of, statute, unwritten, written, law merchant, leases acknowledgment of, assignment of, covenants of, definition of, forfeiture of, form of, recording, signing, termination of, transfer of, witnessing, legal tender, , legatee, definition of, lessee, definition of, lessor, definition of, liabilities of agent and principal, of agent to third person, of partners to each other, of principal to agent, of undisclosed principal, lien of bailee, of carrier, at common law, how enforced, of innkeeper, seller's, life estates, life policies of insurance, limited partnership, loans, definition of, lost wills, how proven, m magistrate, court of, definition of, males, legal age of, marine insurance, definition of, married women, contracts of, membership, changes of, in partnership, mercantile agencies, definition of, minds, meeting of, mistake of fact, mistake of law, money, definition of, mortgagee, definition of, , mortgages debt secured by, deeds as, definition of, delivery of, elements of, equity of redemption, foreclosure of, parties to, of personal property, recording, satisfaction of, transfer of, mortgagor definition of, rights of, mutuality in contracts, n national banks capital of, how created, u. s. corporation, necessaries, definition of, negligence gross, liability of agent for, ordinary, of shipper, slight, negotiable instruments _bona fide_ holder of, definition of, forgery of, origin of, parties to, presentment and acceptance, presentment for payment of, promissory notes, purpose of, requisites of, signing, by corporations, negotiability of bill of lading, definition of, distinguished from assignability, note cognovit, collateral, definition of, judgment, nuncupative wills, o open insurance, oral assignment of leases, oral contract, organization of corporation, ostensible partner, definition of, p partners agreement of, definition of, distribution of assets of, duties of, to each other, kinds of, powers of, property of, survivorship of, withdrawal of, partnership, - pass book of banks, pawnbrokers, payee of negotiable instrument, partial assignments, perpetual succession of corporation, perpetuities, rule against, personal property definition of, mortgages of, possession of, sale of, title to, transfer of, pledgee, definition of, pledges, definition of, pledgor, definition of, preferred stock, principal, definition of, q quit claim deed, definition of, quorum at corporate meetings, r real property, definition of, redemption equity of, in real estate mortgage, mortgagor's right of, in chattel mortgage, of pledged property, redendum clause in deed, registration of corporation, registration of trade marks, reinsurance, definition of, remainder, estates in, rent action by landlord to recover, definition of, when payable, reorganization of corporation, rescission of contract, definition of, of sale by reason of fraud, revocation of agency, revocation of offer, revocation of wills, rights, definition of, s sale caveat emptor, definition of, distinguished from bailment, implied warranty, of pledged property, of trade mark, savings banks definition of, deposits in, pass books of, seal contract under, definition of, private, use of, by corporation, signature of agent to written instruments, to deeds, to a will, silent partner, definition of, spoliated wills, how proven, _statu quo_, definition of, statute of frauds as affecting contracts, agency contracts within, as applied to leases, contracts of suretyship within, partnership contracts within, in sales, statutes, definition of, stock common, increasing and decreasing, preferred, watered, stockholders of a corporation, stoppage _in transitu_, , storage companies, subagents, subletting, subrogation in suretyship, sufferance estates at, leases at, sunday contracts illegal, surety contract of, surety companies, suretyship, - survivorship in partnership, t taxes, tearing wills, telegraph, contracts by, tenancies at sufferance, from year to year, for years, at will, tenant, definition of, tender, definition of, tenements, definition of, testament, definition of, testator, definition of, third persons contracts for benefit of, property held for benefits of, title to negotiable instruments, title to personal property, pledged property, real property, trust property, tontine policies of insurance, torts, , trade marks, trade name, _transitu_, stoppage in, , treaties, definition of, trust companies, definition of, trustees, trusts, beneficiary of, classified, consideration to, how created, u _ultra vires_ acts of corporation, underwriter, definition of, undisclosed principal, unfair trade, unilateral contract, definition of, universal agents, unwritten law, usury, v valued insurance, verdict, definition of, voluntary bankruptcy, voting by proxy, w wagering contracts void, warehousemen, warranties in deeds, in insurance contract, warranty in contracts, deeds, express, implied, watered stock of corporations, wife, dower of, will ademption, codicil, creation of trusts by, definition of, duress, estates at, form of, holographic, leases at, nature of, nuncupative, publication of, revocation of, signature to, statutes regulating making of, who may make, witnessing, witnesses to deeds, to a will, written law, transcriber's note: -obvious print and punctuation errors were corrected.